SAN JUAN COUNTY, COLORADO BOARD OF COMMISSIONERS TOWN OF SILVERTON BOARD OF TRUSTEES MEETING AGENDA November 21, 2022 Due to the continuing COVID-19 concerns, San Juan County meetings will be conducted in a hybrid virtual/in- person format. All persons including Board Members, Staff and those with appointments scheduled on the agenda may meet in person or via zoom. At risk participants are strongly encouraged to wear a mask. We encourage community members to participate via zoom. The information necessary to connect to the public meeting is listed below. CALL TO ORDER: 6:30 P.M. BOCC Meeting Minutes for November 7, 2022 APPOINTMENTS 6:35 P.M. Resolution 2022-10 Adopting Secured Transportation Servicing Regulations 6:45 P.M Resolution 2022-09 Declining Participation In The Famli Program And Providing For Notification To The State OfColorado Ofs Such Declination OfParticipation 7:00 P.M. Public Hearing - 2023 San Juan County Budget 7:30 P.M. ChiefDoughty and Fire Marshal Hanks - Durango Fire Protection District New Business: CCI - Winter Conference Sales Tax Update Public Comment Commissioner and Staff Reports Other Adjourn Times listed above are approximate. Discussion of an agenda item may occur before or after the assigned time. Next Regular Meeting - December 15, 2022 8:30 A.M. Join Zoom Meeting https IIzoom. Us//92136473203 Meeting ID: 921 3647 3203 One tap mobile +16699006833,92136473203# US (San Jose) +12532158782, 92136473203# US (Tacoma) Dial by your location +1 669 900 6833 US (San Jose) 782 US (Tacoma) +1 48 7799 US (Houston) +1 546 376 9923 US (New York) +1 8592 US (Germantown) +1 799 US (Chicago) Meeting ID: 3203 SAN JUAN COUNTY BOARD OF COMMISSIONERS REGULAR MEETING MONDAY, November 7, 2022 AT 8:30 A.M. Call to Order: The meeting was called to order by Chairman Scott Fetchenhier. Present were Commissioner Ernie Kuhlman, Commissioner Austin Lashley and Administrator William Tookey. Payment of Bills: Commissioner Kuhlman moved to authorize payment ofthe warrants as presented. Commissioner Lashley seconded the motion. The motion passed unanimous. Minutes: Commissioner Kuhlman moved to approve the minutes ofOctober 12, 2022, as submitted. Commissioner Lashley seconded the motion. The motion passed unanimously. Public Health Director Becky Joyce was present to provide the Commissioners with an update of her department. She announced that there will be a Health Fair on April 29, 2023. She also discussed the concerns of snow and ice coming off the roof above the doorways. Social Service Director Martha Johnson and Krissy Rhoades were present to provide an update. Commissioner Lashley moved to approve Transmission #8 in the among of $8,802.55 and Transmission #9 in the amount of $8,151.35 as presented. Commissioner Kuhlman seconded the motion. The motion passed unanimously. An MOU with Prowers County was presented that would Prowers County to provide a county hot line for child and adult protection services. Commissioner Kuhlman moved to approve the MOU as presented. Commissioner Lashley seconded the MOU. The motion passed unanimously. Krissy Rhoades gave an update on Anvil Mountain, LEAP, snow shoveling, and other services that she has been working on. Helen Katich, Western Colorado Regional Director for Senator John Hickenlooper was present to provide the Commissioners with an update on what the Senator has accomplished and to hear about any concerns that the Commissioners had. A public hearing was held concerning the Famli and Medical Leave Insurance Program. A public notice had been published in the Silverton Standard and the County Employees had been notified as well. Upon the completion ofthe public hearing, it was the consensus ofthe Commissioners to have a resolution drafted for the next meeting to decline participation in the program. Keri Metzler was present to request funding to help purchase a generator for the Senior Center. The generator would be used during emergency situations. It was the consensus of the Commissioners to provide $2000 towards the purchase of a generator. Administrator Tookey requested that the Commissioners authorize a DOLA grant request for matching funds for a regional broadband grant. Commissioner Lashley moved to approve the submittal ofthe grant as requested. Commissioner Kuhlman seconded the motion. The motion passed unanimously. The Treasurer's report was submitted to the Commissioners for their review. Having no further business, the meeting was adjourned at 11:40 A.M. Scott Fetchenhier, Chairman Ladonna L. Jaramillo, County Clerk SAN JUAN COUNTY BOARD OF COMMISSIONERS REGULAR MEETING MONDAY, November 7, 2022 AT 8:30 A.M. At 1:30 pm a work session was held to discuss dust control on County Roads. RESOLUTION 2022 - 10 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF SAN JUAN, COLORADO ADOPTING THE SAN JUAN COUNTY REGULATIONS REGARDING SECURE TRANSPORTATION SERVICES WHEREAS, House Bill 21-1085, adopted in June 2021, created a regulatory and service system to provide public or private secure transportation services to individuals experiencing a behavioral health crisis; and, WHEREAS, the Bill directed each county's Board of County Commissioners to implement a program, including issuing licenses and vehicle permits for such transports, processing complaints and enforcement oft the rules associated with the program; and, WHEREAS, the Bill directed each county to have such a program in place by January 1, 2023. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF SAN JUAN COUNTY, COLORADO that the Board hereby adopts regulations regarding Secure Transportation Services. The regulations are attached hereto as Exhibit A. READ, PASSED AND ADOPTED this 21st day of November, 2022 by the Board of Commissioners ofs San Juan County, Colorado. Attest: Scott Fetchenhier, Chair Ernest F. Kuhlman Ladonna L. Jaramillo Clerk and Recorder Austin Lashley SAN JUAN COUNTY,STATE OF COLORADO REGULATIONS CONCERNING LICENSING OF SECURE TRANSPORTATION SERVICES ARTICLE I. AUTHORITY, PURPOSE AND INTENT These Regulations are adopted pursuant to the authority granted to the Board of County Commissioners ("Board") of San Juan County ("County") under C.R.S. $ 25-3.5-309, et seg, and the Code of Colorado Regulations, 6 CCR 1011-4, Standards for Secure Transportation Services, as such statute and regulations may be amended from time to time. The purpose of these Regulations is to set forth the requirements for the inspection, licensure and operation of secure transportation services for individuals experiencing behavioral health crises, in order to ensure high-quality behavioral health transportation within San Juan County. The Board reserves the right to amend these Regulations, and any other individual conditions of licensing as applied to any particular license, as needed in keeping with its legislative function and in order to implement the policy of the State of Colorado that the regulation and control of secure transportation licenses be in the exclusive purview of the Boards of County Commissioners. If permitted by applicable Colorado law, the Board may grant a variance, or waiver, upon written request from the applicant, from the terms of these Regulations if the Board finds good cause exists, and such action is necessary, and will not be detrimental to the health, safety, or welfare of the public. All requests for waiver or variance must be submitted in writing with the application for a secure transportation license in order to be considered by the Board. Nothing in these Regulations shall be construed to create a cause of action or civil liability remedy in any person. These Regulations shall not be construed to create a duty to any third- party where no such duty otherwise existed. Iti is the express intention of the Board that any third- party receiving services or benefits under these Regulations shall be deemed to be an incidental beneficiary only. If any of the provisions of these Regulations are determined to be invalid, such determination shall not affect the remaining provisions of these Regulations. ARTICLE II: DEFINITIONS As used in these Regulations, unless the context otherwise requires: 2.1 "Abuse" means any ofthe following acts or omissions: (A) The non-accidental infliction ofbodily injury, serious bodily injury, or death; (B) Confinement or restraint that is unreasonable under generally accepted standards; or (C) Subjection to nonconsensual sexual conduct or contact. 2.2 "Administrator" means any person who is responsible for the overall operations of the secure transportation service, as set forth in Part 7.2, 6 CCR 1011-4. 2.3 "Based" means a service area in a county where the client is picked up for secure transportation services. 2.4 "Behavioral health" means an individual's mental and emotional well-being and actions that affect an individual's overall wellness. Behavioral health issues and disorders include substance use disorders, serious psychological distress, suicide, and other mental health disorders, and range from unhealthy stress or subclinical conditions to diagnosable and treatable diseases. The term "behavioral health" is also used to describe service systems that encompass prevention and promotion of emotional health and prevention and treatment services for mental health and substance use disorders. 2.5 "Behavioral health crisis" means a significant disruption in a person's mental or emotional stability or functioning resulting in an urgent need for immediate assessment and treatment to prevent a further or serious deterioration in the person's mental or physical health. 2.6 "Chemical Restraint" means giving an individual medication involuntarily for the purpose of restraining that individual; except that "chemical restraint" does not include the involuntary administration of medication pursuant to C.R.S. $ 27-65-111 (5), or administration of medication for voluntary or life-saving medical procedures. 2.7 "Class A" means secure transportation services licensed to use physical restraint during secure transport pursuant to the parameters set forth at Part 8.3, 6 CCR 1011-4. 2.8 "Class B" means secure transportation services that are not licensed to use physical restraint during secure transport. 2.9 "Client" means an individual experiencing a behavioral health crisis who is eligible for urgent secure transportation services as defined at Part 2.22, 6 CCR 1011-4 and who meets the parameters set forth at Part 8.1, 6 CCR 1011-4. 2.10 "The Department" means the Colorado Department of Public Health and Environment. 2.11 "Direct client contact" means any staff member who interacts directly with clients either before, during, or after the secure transportation service and is qualified by training pursuant to Part 7.7(A)(1). This may include the driver or any other staff member who is not providing direct client support. 2.12 "Direct client support" means any staff member who interacts directly with clients and is qualified by training pursuant to Part 7.7(A)(2), 6 CCR 1011-4 in mental health first aid, basic first aid, and cardiopulmonary resuscitation (CPR) who is assigned to provide secure transportation services to individuals experiencing a behavioral health crisis. 2 SJC SECURE TRANSPORT: 2022 2.13 "Emergency Manager" means the person employed as the San Juan County Emergency Manager, who is tasked by the Board of County Commissioner with ensuring compliance with these Regulations. 2.14 "Emergency Medical Services Facility" means a licensed or certified facility that provides emergency medical services, including but not limited to: hospitals, hospital units as defined at C.R.S. $ 25-3-101; freestanding emergency departments as defined at C.R.S. $ 25-1.5-114; psychiatric hospitals; community clinics; behavioral health entities; and community mental health centers, crisis stabilization units, or acute treatment units licensed as a behavioral health entity. 2.15 "Exploitation" means an act or omission committed by a person who: (A) Uses deception, harassment, intimidation, or undue influence for their personal gain to permanently or temporarily deprive a client of the use, benefit, or possession ofa anything of value; (B) Forces, compels, coerces, or entices a client for the profit or advantage of the person or another person against the will of the client; or (C) Misuses the property of a client in a manner that adversely affects the client's ability to receive services or care. 2.16 "Facility", for the purposes of this chapter, means all facility types defined at Part 2.22(C), 6 CCR 1011-4. 2.17 "Harmful act" means an act committed against a client by a secure transportation service staff member when such act is not defined as abuse, neglect, or exploitation but causes harm to the health, safety, or welfare of a client. 2.18 "Licensee" means the person or business entity that is granted a license by the county to operate a secure transportation service and that bears legal responsibility for compliance with all applicable federal, state, and local statutes and regulations. 2.19 "Manager" means any person who is responsible for supervising staff and the day-to-day operations of the secure transportation service as set forth in Part 7.3, 6 CCR 1011-4. 2.20 "Mistreatment" means abuse, neglect, exploitation, or a harmful act. 2.21 "Neglect" means a staff member's failure to provide behavioral health care, physical care, supervision, or any other service necessary for the health or safety of a client during the secure transportation service in a timely manner and with the degree of care that a reasonable person in the same situation would exercise. Neglect also means a staff member knowingly using harassment, undue influence, or intimidation to create a hostile or fearful environment for a client. 3 SJC SECURE TRANSPORT 2022 2.22 "Owner" means an officer, director, general partner, limited partner, or other person having a financial or equity interest in the secure transportation service. An owner may also serve as the manager and/or administrator of a licensed secure transportation service. 2.23 "Physical restraint", for the purposes of this chapter, means a physical device used to involuntarily restrict the movement of an individual or the movement or normal function of a portion of their body. 2.24 "Secure transportation" or "Secure transportation services" means urgent transportation services provided to individuals experiencing a behavioral health crisis. Secure transportation includes: (A) An individual being transported pursuant to C.R.S. $ 27-65-103 or 27-65-105(1), transportation from the community to a facility designated by the Executive Director of the Department ofl Human Services (DHS) for treatment and evaluation pursuant to C.R.S. $ 27-65-101 et seq.; (B) An individual in need of services pursuant to C.R.S. $ 27-81-101, et seq. and $ 27- 82-101, et seq., transportation from any location to an approved treatment facility, as described in C.R.S. $ 27-81-106, or to a walk-in crisis center that is in operation as part ofthe behavioral health crisis response system; (C) An individual who is receiving transportation across levels of care or to a higher or lower level of care, transportation between any of the following types of facilities: (1) An emergency medical services facility; (2) A facility designated by the Executive Director of DHS for the treatment and evaluation pursuant to C.R.S. $ 27-65-101, et seq.; (3) An approved treatment facility, as described in C.R.S. $ 27-81-106, C.R.S.; (4) A walk-in crisis center that is operating as part of the behavioral health crisis response system; or (5) A behavioral health entity (BHE) licensed pursuant to C.R.S. $ 25-27.6- 106, with a current twenty-four (24) hour endorsement. (D) Secure transportation does not include urgent transportation services provided by law enforcement or personnel employed by or contracted with a law enforcement agency to individuals experiencing a behavioral health crisis. (1) Except that any member of a co-responder team may provide urgent transportation services if that co-responder: (a) Is not law enforcement or personnel employed by or contracted with a law enforcement agency; and 4 SJC SECURE TRANSPORT 2022 (b) Holds a valid license for secure transportation by the county in which the secure transportation originates; and (c) Provides secure transportation in a vehicle: (i) With a valid permit issued by the county in which the secure transportation originates, and (ii) That meets the minimum requirements for secure transportation services in this rule chapter. 2.25 "Serious injury" means brain or spinal cord injuries; bone breaks or fractures; any injury that threatens life or limb, impairs the function of any part or organ of the body, or results in permanent disfigurement; burns of the second or third degree; and/or physical or sexual abuse as described in C.R.S. $ 18-3-101, et seq. 2.26 "Type 1" means a permitted vehicle with a permanent safety partition that separates the driver from the passenger compartment. 2.27 "Type 2" means a permitted, non-partitioned vehicle. ARTICLE III: LICENSES AND PERMITS REQUIRED 3.1 Secure Transportation License Required: On or after January 1, 2023, in accordance with 6 CCR 1011-4, $ 3.1, no person or agency, public or private, shall transport a patient experiencing a behavioral health crisis from any point within the County to any point within or outside the County unless that person or agency holds a valid license issued by the county in which the secure transportation service is based, except as provided in Section 3.6 of these Regulations, below. 3.2 Types of Licenses: A Secure Transportation Service shall elect either a Class A License, for services which use physical restraint during the provision of secure transportation, or a Class B License, for services which do not use physical restraint during the provision of secure transportation. 3.3 Vehicle Permit Required: On or after January 1, 2023, in accordance with 6 CCR 1011-4, $ 3.1, no person or agency, public or private, shall transport a patient experiencing a behavioral health crisis from any point within the County to any point within or outside the County unless that person or agency holds a valid license issued by the county in which the secure transportation service is based, except as provided in Section 3.6 ofthese Regulations, below. 3.4 Types of Permits: A Secure Transportation Service shall elect to permit each of its vehicles as either a Type 1 vehicle, for a vehicle with a safety partition that separates the driver from the passenger department, or a Type 2 vehicle, which does not contain a safety partition. 3.5 Terms: 5 SJC SECURE TRANSPORT 2022 (A) Each Secure Transportation License shall be valid for three (3) years from the issue date, unless revoked or the Secure Transportation Service changes ownership. Licenses may not be sold, assigned, or otherwise transferred. (B) Each Secure Vehicle Permit shall be valid from one (1) year from issue date, unless earlier revoked or the vehicle changes ownership. Permits may not be sold, assigned, or otherwise transferred. (C) Each application must be submitted no later than thirty (30) days before the request effective date of the License or Permit, for a new License or Permit, or thirty (30) days before the expiration of the existing term, for renewals. 3.6 Exceptions to Licensing and Permits Required: In addition the exemptions granted by the State of Colorado pursuant to 6 CCR 1015-3, Chapter 4 - Rules Pertaining to Licensure of Ground Secure transportations, or its successor, the provisions of the licensing in subsections III.3.1 of these Regulations, above, shall not apply to the following: (A) Vehicles used for the transportation of persons injured at a mine when the personnel used on the vehicles are subject to the mandatory safety standards of the federal mine safety and health administration, or its successor agency; (B) Ground Ambulance Agencies licensed pursuant to C.R.S. $ 25-3.5-301; (C) Transportation services provided by the Office of Behavioral Health within the Department of Human Services; (D) Emergency service patrols established pursuant to C.R.S. $ 27-81-115; (E) Law enforcement; and (F) Any secure transportation service holding a valid license or permit from another county within Colorado, or from a neighboring state, providing said out-of-state secure transport service holds a permit or licensing requiring compliance with this Policy or a substantially equivalent out-of-state secure transport Policy. ARTICLE IV: LICENSURE REQUIREMENTS Before issuing a new or renewed license to a Secure Transportation Service pursuant to these Regulations, the County shall ensure the following requirements have been met: 4.1 The Secure Transportation Service has certified that it is compliant with all applicable laws and regulations required to operate a secure transportation service in Colorado, and the County does not have information to the contrary. 4.2 The Secure Transportation Service has completed the County's application form. 4.3 The Secure Transportation Service has provided the following to the County: 6 SJC SECURE TRANSPORT 2022 (A) Name and contact information of the Manager and Administrator of the Secure Transportation Service (B) Submission of all written policies and procedures, including any operational protocols, medical protocols, training procedures, client rights, background check policy and other relevant documents. (C) Statement of understanding that if the Secure Transportation Service is sold or transferred, the new owner shall be required to obtain licensing and permits prior to beginning operations. (D) List of current staff and certification that staffing requirements have been met. 4.4 The Secure Transportation Service has submitted the appropriate application fee, as specified in Section 13, below. 4.5 The Secure Transportation Service has demonstrated that it has the following insurance coverage from an insurance company authorized to write liability insurance in Colorado, and that San Juan County is identified as a certificate holder: (A) General liability and applicable professional liability insurance coverage, in the following minimum amounts: (1) Liability insurance for injuries in the amount of one million dollars ($1,000,000.00) for each individual claim. (2) Liability insurance in the amount of three million dollars ($3,000,000.00) for all claims made against the secure transportation service or against its personnel. (B) Demonstration by the applicant of proof of a minimum level of worker's compensation consistent with the Colorado Worker's Compensation Act in Articles 40-47 of Title 8, C.R.S., as applicable. ARTICLE V: PERMIT REQUIREMENTS Before issuing a new or renewed Vehicle Permit to a Secured Transportation Service pursuant to these Regulations, the County shall ensure the following requirements have been met: 5.1 The Secure Transportation Service has completed the County's Vehicle Permit form. 5.2 The Secure Transportation Service has provided the following to the County: (A) Certifiçate of Mechanical Inspection, completed by a qualified motor vehicle mechanic, for each vehicle for which a permit is sought. (B) Certification of compliance signed by the Emergency Manager, pursuant to Section 5.6. 7 SJC SECURE TRANSPORT 2022 5.3 The Secure Transportation Service has demonstrated that it has the following insurance coverage, and that San Juan County is identified as a certificate holder, for each vehicle for which a permit is sought: (A) Automobile liability insurance coverage in the amount of one million dollars ($1,000.00.00) bodily injury for each person, two million dollars ($2,000.00.00) bodily injury for each accident, and one million dollars $1,000.000.00) for property damage. 5.4 The Secure Transportation Service has submitted the appropriate vehicle permit fee, as specified in Section 13, below, for each vehicle permit sought. 5.5 Compliance with client and crew vehicle safety standards as follows: (A) All vehicles must demonstrate proof of compliance with Federal Motor Vehicle Safety Standards on the date of manufacture in accordance with the following: (1) 49 C.F.R. Part 567.4(a) for manufactured motor vehicles (except replica motor vehicles and vehicles manufactured in two (2) or more stages), (2) 49 C.F.R. Part 567.5 for vehicles that are manufactured in two (2) or more stages, or (3) 49 C.F.R. Part 567.7 for certified vehicles that are altered. (B) All vehicles must undergo routine vehicle maintenance and periodic checks in accordance with manufacturer recommendations. (C) All vehicles must have the following safety features: (1) Four doors; (2) Ligature risk reduction measures; (3) Child safety and window safety locks; (4) Global Positioning System (GPS) tracking; (5) Occupant protection, including seat belts, supplemental inflatable restraints, and child safety seats (as applicable); (6) Cabin temperature control and ventilation system; (7) Be absent any foreign items or instruments in the secured area that may be used to inflict harm; and (8) Mirror for monitoring the client or capability for visual observation of the client. 8 SJC SECURE TRANSPORT: 2022 (D) If a Type 1 vehicle with a safety partition that separates the driver from the passenger compartment is being used for the secure transportation service, then the vehicle must have the following additional safety features: (1) Permanent installation of all safety partitions; and (2) For vehicles with a cargo area, a safety partition must also be installed that separates the passenger compartment from the cargo area; (E) All vehicles must be equipped with the following: (1) First aid kit; (2) Fire extinguisher; (3) Wireless two-way communication (public safety radio, commercial land mobile radio, or wireless telephone); (4) Biohazard bag; (5) Personal protective equipment for each occupant as per public health recommendations; and (6) Map of service area. (F) If a licensed secure transportation service utilizes physical restraint as part of its services, the vehicle shall additionally be equipped with the following: (1) Automated external defibrillator (AED); (2) Non-metal, soft posey-type restraints; and (3) Device intended to prevent a client from spitting or biting that does not restrict the client' S airway or breathing ability and does not pose a ligature risk. 5.6 The San Juan County Board of County Commissioners hereby appoints the San Juan County Emergency Manager (hereinafter "Emergency Manager") to be its qualified representative, delegated with the authority of ensuring compliance with these Regulations. Each vehicle to be used by the Secure Transportation Service must be inspected by the Emergency Manager to verify that all equipment on the vehicle is properly secured and supplies are maintained and stored in accordance with these Regulations, Colorado State Regulations, and any manufacturer recommendations. The Emergency Manager may not have any actual or potential conflict of interest with the Secure Transportation Service or with the inspection process. ARTICLE VI: MANAGER AND ADMINISTRATOR REQUIREMENTS 9 SJC SECURE TRANSPORT 2022 6.1 Each Secure Transportation Service based in San Juan County must have a Manager and an Administrator. The Manager and Administrator positions may be held by the same person. 6.2 The Secure Transportation Service must notify the Emergency Manager of its Manager and Administrator, and any changes regarding the Manager or Administrator during the licensing term must be provided to the Emergency Manager within fourteen (14) business days of the change. 6.3 Each Manager and Administrator must meet the following minimum requirements: (A) Be at least twenty-one (21)years of age, possess a high school diploma or GED; (B) Have at least one (1) year documented supervisory experience in the provision of secure transportation services or be qualified by education, knowledge, and experience to oversee the secure transportation services provided; (C) Be able to communicate, understand, and respond effectively to the client, family representatives, and other providers and be able to use appropriate translator services as needed; (D) Be familiar with all applicable local, state and federal laws and regulations concerning the operation and provision of secure transportation services; (E) Be in good standing with any state regulatory agency if the manager or administrator is licensed or certified with the Colorado Department of Regulatory Agencies or the Colorado Department of Public Health and Environment; and (F) Have passed a background check that was performed by the Secure Transportation Service or owner prior to the assumption of responsibilities. The manager or administrator shall not conduct his or her own background check or any required follow-up. 6.4 Manager Responsibilities. The responsibilities of the manager include, but are not limited to: (A) Supervising staff and the day-to-day operations of the service; (B) Completing the applicable annual training and core competencies at Part 7.7; (C) Ensuring annual training completion and core competencies for every staff member with direct client contact; (D) Implementing a quality management program in accordance with Part 10 of these rules; (E) Maintaining appropriate records and ensuring accurate completion of records, including, but not limited to: 10 SJC SECURE TRANSPORT2 2022 (1) Personnel records; and (2) Client records, including individual trip logs and the data reporting requirements in accordance with Part 6 of these rules; and (F) Implementing all policies and procedures ofthe secure transportation service. 6.5 Administrator Responsibilities. The responsibilities of the administrator include, but are not limited to: (A) Managing the business affairs and overall operation of the secure transportation service, including planning, organizing, developing, controlling, and/or maintaining the service's operations; (B) Organizing and directing the service's ongoing functions; (C) Overseeing a budgeting and accounting system; (D) Designating in writing a qualified back up administrator to act in the administrator's absence or requiring the administrator or their qualified designee to be available in person or remotely to assist secure transportation service staff members with urgent matters that arise during all hours that staff are providing services; (E) Ensuring the secure transportation service is in compliance with all applicable federal, state, and local laws; (F) Ensuring the completion, maintenance, and submission of such reports and records as required by the county and/or Department; (G) Developing and implementing a quality management program in accordance with Part 10, 6 CCR 1011-4; and (H) Maintaining appropriate records and all policies and procedures of the service, including, but not limited to: (1) Personnel records, including verification of each staff member's compliance with orientation and annual training requirements set forth in Part 7.7 and verification of any applicable active professional licensure or certification; (2) Client records, including individual trip logs and the data reporting requirements in accordance with Part 6 oft these rules; and (3) Financial and administrative records, including certificates ofinsurance for the secure transportation service. ARTICLE VII: STAFFING REQUIREMENTS 11 SJC SECURE TRANSPORT 2022 7.1 Every Secure Transportation Service shall have staffing requirements which include, at a minimum: (A) All drivers must possess a current and valid Colorado driver's license. (B) If a Type 1 (partitioned) vehicle is being used for the secure transport, then the following shall apply: (1) A 1:1 ratio of client to staff member shall be maintained during the transport, which staff member may also be the driver in the case of a Type 1 vehicle transportation. (2) If one (1) client is being transported, then one (1) staff member with a current and valid certification for all training topics is required to staff a vehicle permitted for each secure transport. (3) If more than one client is being transported, then one (1) staff member who possesses a current and valid certification for all training topics is required to accompany each individual client during transport. (C) Ifa Type 2 (non-partitioned) vehicle is being used for the secure transport, then the following shall apply: (1) A 1:1 ratio of client to staff member shall be maintained during the transport, in addition to the driver, who may not be included in the staffing ratio requirement in the case of a Type 2 vehicle transportation. (2) If one (1) client is being transported, then two (2) staff members are required to staff the vehicle. At a minimum, the staff member who is not the driver must have a current and valid certification for all training topics. 7.2 Each staff member with direct client contact must possess a certification or proof of having completed all required coursework. 7.3 Each Secure Transportation Service must have a policy related to background checks for all staff members. Such background checks shall take place prior to an individual providing secure transportation services. The policy shall include, at a minimum: (A) Require a background check on every existing and prospective staff member. i. Standards regarding hiring staff with prior convictions of a violent, fraudulent, or abusive nature, to include further inquiry by the Manager or Administrator to determine the potential impact on client safety in accordance with the policies developed by the seçure transportation service. ii. A procedure by which if an individual is hired despite a background check that reveals a prior conviction of a violent, 12 SJC SECURE TRANSPORT 2022 fraudulent, or abuse nature, the Manager or Administrator documents the reasons for hire and plans for supervision. 7.4 Each Secure Transportation Service must have established the following minimum staff training requirements for all staff that must be completed prior to providing secure transportation services, and annually thereafter, or as recommended by the relevant training organizations: (A) Cultural competencies including, but not limited to, supporting persons with physical or cognitive disabilities, language accessibility, and accessing interpretive services; (B) In-person or online verbal de-escalation training sessions that prioritize client and staff safety and inform restraint requirements set forth in Part 8.3, 6 CCR 1011-4; (C) Trauma-informed care principles; (D) Evade and escape violent encounter strategies; (E) Internal policies and procedures applicable to the secure transportation service and staff, including, but not limited to the staff disciplinary policy; (F) Client rights; and (G) Compliance with applicable privacy laws. 7.5 Each Secure Transportation Service must have established the following additional minimum staff training requirements for all staff with direct client contact: (A) Adult and Youth Mental Health First Aid as offered by educational institutions or by professional organizations such as mental health firstaid.org, or the equivalent; (B) Basic First Aid and CPR; and (C) Care of clients with substance use disorders. 7.6 Each Class A Secure Transportation Service must have also established the following additional minimum staff training requirements for all staff who may utilize physical restraint during secure transportation of clients: (A) Circumstances and protocols governing the permissible application of individual physical restraint during secure transport; and (B) Safe application ofindividual physical restraint on clients during secure transport. 7.7 All staff training must be documented by the Secure Transportation Service and provided to the County. ARTICLE VIII: OPERATING STANDARDS AND PROCEDURES 13 SJC SECURE TRANSPORT 2022 8.1 Secure transport clients may only be transported under the following circumstances: (A) The client is experiencing a behavioral health crisis. (B) The client is in need of urgent transportation to a facility that is defined at Part 2.22(C), 6 CCR 1011-4. (C) The client does not and will not need either: (1) Medical treatment during transport, or (2) Active or ongoing medical monitoring. (D) The client does not and will not need to be chemically restrained during secure transport as a behavioral intervention. 8.2 Required Policies and Procedures. (A) General Policies and Procedures. Each Secure Transportation Service must have established policies and procedures that follow national best practice guidelines where available, and address, at a minimum: (1) Appropriate procedures to assess initially whether the client requires a higher level of transport than the service can provide; (2) Appropriate procedures to follow when, during a secure transport, it becomes apparent that a client needs medical attention or a higher level of transport than the service can provide; (3) Appropriate procedures to confirm the receiving facility's acceptance of the client prior to initiation of the secure transport; (4) Criteria used for pickup and drop-off, including the circumstances that determine a secure transport client's S eligibility; (5) The level of support and protection needed for both client and staff safety; (6) Compliance with vehicle safety standards and procedures; (7) Proper evacuation of the vehicle during emergencies if the windows and/or exits oft the vehicle are blocked or inaccessible; (8) Infection prevention and control, including the decontamination of the vehicle after each transport; (9) Parental and/or guardian level of support and involvement; (10) Meeting client needs on extended transports including meals, water, and bathroom breaks; and 14 SJC SECURE TRANSPORT 2022 (11) Documentation of all steps in the process from initial pickup request to drop- off, including but not limited to documenting all stops made during the secure transportation service. (B) Class A Specific Procedures. Each Class A Secure Transportation Service must have the following policies and procedures that address, at a minimum: (1) The circumstances under which staff who provide direct client support may apply individual physical restraint during the course of the secure transportation service, given the parameters outlined in Part 8.3, and (2) The application of individual physical restraint, including training protocols and safety precautions, to ensure the restraints do not restrict the client's airway or breathing ability. (C) Client Rights. Each Secure Transportation Service must have written client rights which assures that each client has the right to be treated with consideration, respect, and full recognition of human dignity and individuality, and that includes, at a minimum: (1) The right of the client and their property to be treated with respect; (2) The right of the client to have access to basic comfort items and their personal mobile phone provided the direct client support staff member establishes and documents that those items do not pose a danger to the client or staff member; (3) The right of the client to wear their own clothes provided the direct client support staff member establishes and documents that those items do not pose a danger to the client or staffmember; (4) The right of the client to receive secure transportation services by the least restrictive means necessary to assure the safety of the client; (5) The right of the client to be free from discrimination in the provision of services; (6) The right of the client to be free from neglect, financial exploitation, and verbal, physical, and psychological abuse, including humiliation, intimidation, or punishment; (7) For clients who request voluntary transport, the right of the client to discontinue secure transportation services; (8) The right of the client to reçeive disclosure about any video and/or audio recording that occurs during the delivery of service in accordance with applicable privacy laws; 15 SJC SECURE TRANSPORT: 2022 (9) The right of the client to have personally identifying health information protected from unnecessary disclosure; (10) The right of the client or their representative to file a complaint against the secure transportation service with the Secure Transportation Service and County concerning services or care that is or is not furnished, and receive documentation of the existence of the investigation and resolution of the complaint, including providing the complainant with the results of the investigation and the secure transportation service's plan to resolve any identified issues; and (11) The right of the client to file a complaint with the Secure Transportation Service and County without fear of discrimination or retaliation by the secure transportation service's owner, manager, administrator, or any staff members. (D) Client Rights' Policies and Procedures. Each Secure Transportation Service must have an established client rights policies and proçedures that include, at a minimum: (1) Procedures for identifying, reporting, reviewing, and investigating all allegations of abuse, mistreatment, neglect, and exploitation; (2) Procedures for timely communicating all investigation results to the client and county in which the secure transportation service is licensed; (3) Procedures for timely and appropriate disciplinary action up to and including termination of staff and appropriate legal recourse against any staff member who has engaged in abuse, mistreatment, neglect, or exploitation of a client; and (4) Procedures the direct client support staff member must follow to document their decision to withhold any basic comfort items and/or the client's personal mobile phone or prohibit a client from wearing their own clothes. (E) The Secure Transportation Service shall provide each client with written documentation of its Client Rights and Client Rights' Policies and Procedures, including the right to file a complaint with the County, to clients at the initiation of the secure transportation service. If the client is unable to read the rights, they shall be read the rights in a language they understand. (F) The Secure Transportation Service shall designate a staff member as responsible for complaint intake and problem resolution, and shall inform the County of that person' S name, title, and contact information at the time of licensing or renewal, or in the event of any changes in that position. 8.3 Restraint. 16 SJC SECURE TRANSPORT 2022 (A) No chemical restraint may be administered during a secure transport. If chemical restraint is needed to ensure client safety, then the client shall receive an ambulance transport. (B) Physical restraint, as defined at Part 2.21, 6 CCR 1011-4, shall only be utilized for health and safety purposes under the following circumstances: (1) In cases of emergency, when the client is at risk of causing serious, probable, and imminent threat of bodily harm to themselves or to others and where there is the present ability to effect such bodily harm; and (2) After the failure of less restrictive alternatives, including verbal de- escalation; or (3) After a determination that such alternatives would be inappropriate or ineffective under the circumstances. (C) If physical restraint is utilized during a transport, the service shall document the time at which the physical restraint was applied and removed (if applicable) and the type of physical restraint used. 8.4 Capacity, Documentation, and Availability. (A) The secure transportation service shall transport one (1) client per vehicle transport, except under the following circumstances: (1) Each client has received behavioral health clearance from the treating provider at the sending facility, no physical restraint is needed, and there is a low probability ofbehavioral destabilization; (2) Each client has received medical clearance from the treating provider at the sending facility, is medically stabilized, and has a low probability of medical destabilization; (3) Each client has received an assessment from the treating provider at the sending facility that the client is an appropriate candidate for a transport with one or more individuals; (4) The transport is an inter-facility transport as defined at Part 2.22(C), 6 CCR 1011-4; a and (5) Each client has given their consent to be transported with another individual(s). (B) The secure transportation service shall create and maintain accurate and detailed logs of client transports, including professional incident reports. (C) To ensure the needs of clients are met, secure transportation services that do not provide 24/7 services shall provide the client with their after-hours contact 17 SJC SECURE TRANSPORT 2022 information and with contact information for the secure transportation service's back-up providers. ARTICLE IX - QUALITY MANAGEMENT PROGRAM (QMP) 9.1 Each Secure Transportation Service must have an ongoing quality management program ("QMP") that is appropriate to the size and type of the service. The program shall incorporate a plan that evaluates the quality of client care and safety and has the following policies and procedures including, at a minimum: (A) The incorporation of the substantiated findings of any complaint into its QMP for the purpose of evaluating and implementing systemic changes where needed; (B) The general description of the types of cases, problems, or risks to be reviewed and criteria for identifying potential risks; (C) Identification of the staff members responsible for coordinating quality management activities; (D) A description of the method(s) for: (1) Investigating and analyzing the frequency and causes of individual problems and patterns of problems; (2) Taking corrective action to address the problems, including prevention and minimizing problems or risks; (3) Evaluating corrective action(s) to determine the effectiveness of such action(s); and (4) Coordinating all pertinent case, problem, or risk review information with other applicable quality assurance and/or risk management activities, such as review of client care, review of staff conduct, the client complaint system as described in Section 8.2(D) of this Policy, and education and training programs. (E) Documentation of required quality management activities, including cases, problems, or risks identified for review; findings ofinvestigations; and any actions taken to address problems or risks; (F) A schedule for program implementation not to exceed ninety (90) days after the date oft the issuance of the secure transportation service license; (G) A schedule for program evaluation to periodically assess the effectiveness of services and review the clinical and operational protocols and compliance with such protocols; (H) The utilization or application of data collected pursuant to Section XIII.1 of this Policy to inform the quality management plan; and 18 SJC SECURE TRANSPORT 2022 (I) A written disciplinary policy that addresses a process for staff quality improvement. 9.2 The secure transportation service shall make available the quality management plan to the County during the initial license application and include the QMP with renewal applications if the plan has been revised. 9.3 San Juan County, the Colorado Department of Public Health and Environment (the "Department"), or any other appropriate regulatory agency having jurisdiction for disciplinary or licensing sanctions shall have access to any records, reports, and other information of the quality management program. ARTICLE V: COMPLAINTS 10.1 Origination ofComplaints: (A) Alleged violation of this Policy by a Licensed Secure Transportation Service or of a Secure Transportation Service operating in the County without a license, may be made by any person or agency or may be initiated by the San Juan County Emergency Manager or the San Juan County Board of County Commissioners ("Board") on its own volition. (B) Such Complaint shall be made to the San Juan County Emergency Manager and may be made in writing or verbally. (C) The Emergency Manager shall provide to the Complainant the name and contact information of the person who is designated to handle complaints for the Secure Transportation Service. (D) Any individual bringing a matter of medical competency to the Board shall waive the right of patient confidentiality as a condition of complaint submission and subsequent investigation. (E) Ifa any legal action is filed against a licensed secure transportation service in a court of the United States, the State of Colorado or any of its political subdivisions, the licensee shall notify the Board within ten (10) business days. A violation of these Regulations shall not be presumed based on an allegation. In the event that a judgment is entered against the licensee, the licensee shall file a copy of the findings of fact, conclusions of law and order of the court with the Board within ten (10) business days. (F) If an action against a Secure Transportation Service is undertaken by another jurisdiction, the licensee shall notify the Board within ten (10) business days. A violation of these Regulations shall not be presumed based on the action. If the action results in a suspension or revocation of the secure transportation service license by another jurisdiction, the licensee shall file a copy of the record of the adverse action with the Board within ten (10) business days. 19 SJC SECURE1 TRANSPORT: 2022 10.2 Validation of Complaints: (A) The Emergency Manager shall provide a copy of the complaint to the Secure Transportation Service within seven (7) days ofi its receipt. (B) The Emergency Manager shall complete an initial review of the complaint, judgment or adverse action, and interview the complainant, within seven (7) days of receipt to determine if, on the face ofthe complaint, it may constitute a violation oft this Policy and has sufficient foundation to warrant a complete investigation. (C) If the Emergency Manager determines that the complaint has sufficient factual basis of a violation of these Regulations, the Emergency Manager shall proceed to a full investigation. Allegations of violations outside the purview of the Board or these Regulations shall be returned to the complainant for referral to the appropriate authority or jurisdiction. (D) The Emergency Manager shall notify the complainant and the Secure Transportation Service in writing upon such a determination, whether it is determined that the allegation shall be investigated or that it lacks suffiçient basis to warrant investigation. 10.3 Investigation of Complaints: (A) Upon initiation of a full investigation, the Emergency Manager shall take actions to investigate the complaint, which investigation may include interview of witnesses, collection of records, and any other lawful action deemed appropriate by the Emergency Manager. Such investigation shall be completed no late than thirty (30) days after the decision to investigate. (B) The Emergency Manager shall present his or her investigative findings in writing to the Board of County Commissioners within thirty (30) days of the decision to investigate. A copy of the Emergency Manager's findings shall be mailed to the complainant and the Secure Transportation Service. 10.4 Review by the Board of County Commissioners (A) Upon receipt of the written report, the Board of County Commissioners shall meet within fourteen (14) days, and shall vote: I) to take no further action 0n1 the complaint; 2) to allow a reasonable time for the Secure Transportation Service to cure its violation; or 3) to hold a public hearing regarding the complaint. The Board's decision shall be communicated to the Secure Transportation Service and complainant in writing. (B) If the Board determines that a hearing is warranted, such a hearing shall be held within fourteen (14) days of such a determination, or within fourteen (14) days of a temporary suspension of any license. 20 SJC SECURE TRANSPORT 2022 (C) All hearings before the Board shall be open to the public and shall be conducted in accordance with the Colorado Open Meetings Act. The Board shall be authorized to administer oaths and issue subpoenas to require the attendance of witnesses and the production of papers, books, and records necessary to the determination of any issue at any hearing. The Secure Transportation Service shall be given the opportunity to be heard at the hearing. (D) At the conclusion of the hearing, the Board may dismiss the complaint, or make findings that the complaint is substantiated. In the event of a substantiated complaint, the Board may suspend or revoke the Secure Transportation Service's license or require remediation of the violation, as specified in Section 10.5 below. The Emergency Manager shall bear the burden of proof of a violation justifying any suspension or revocation of a license or permit. (E) The outcome of the public hearing shall be documented and sent to the Secure Transportation Service and complainant in writing. (F) In the event of a revocation or suspension of the license of a Secure Transportation Service, the County shall notify the Colorado Department of Public Health and Environment, Colorado Department ofRegulatory Agencies, Colorado Department of Health Care Policy and Financing, other counties in which the Secure Transportation Service is known to operate, other relevant jurisdictions, local law enforcement authorities, dispatch centers, hospitals, fire departments, and any other entities to whom the Secure Transportation Service provides services, or other interested parties as applicable. 10.5 Revocation, Suspension, and Time to Cure (A) The Board has the authority to suspend or revoke, temporarily or permanently, any license or permit issued pursuant to these Regulations. (B) Temporary Suspension: Without prior notice to the Secure Transportation Service, ift the Board determines, based on the complaint, that there is an immediate threat to the public health, safety, and/or welfare by continued operations, the Board may, without a hearing, temporarily suspend any license or permit issued pursuant to these Regulations. Such temporary suspension shall be effective upon delivery of written notice to the licensed secure transportation service by the Board. No temporary suspension shall be valid for more than thirty (30) days or until a final decision by the Board concerning suspension or revocation, after a hearing pursuant to Section 10.4, above, whichever period is longer. Any written notice of temporary suspension shall also provide notice of the time, date and place of a hearing before the Board to consider the suspension or revocation of the license. Except upon written consent of the licensee, the hearing shall be held not more than ten (10) business days following the effective date of the temporary suspension. (C) Suspension for Definite Period or Revocation of License: Following notice to the Secure Transportation Service and a hearing at which the licensee is afforded an 21 SJC SECURE TRANSPORT. 2022 opportunity to be heard, pursuant to Section 10.4, above, the Board may suspend or revoke any license or permit. Any suspension or revocation shall require a finding by the Board of a violation of these Regulations based upon the evidence presented at the hearing. Issuance of a temporary suspension shall not be a prerequisite to the conduct of a hearing to consider the suspension or revocation of a license or permit. (D) Length of Suspension or Revocation: For a first complaint, suspension shall be for a specific and definite period of time not to exceed any remaining current license period. If the license or permit is revoked for the remainder of its life, the Secure Transportation Service may reapply for the license or permit during the next licensing period. However, if a second complaint regarding the same Secure Transportation Service is subsequently received and sustained, the Board may permanently revoke the related license or permit, and the Secure Transportation Service may, at the Board's discretion, be prohibited from obtaining a license or permit in the future. (E) Surrender of License or Permit: Following receipt of a written notice of suspension or revocation, the licensee shall surrender and deliver its license and all secure transportation vehicle permits to the Emergency Manager within forty-eight (48) hours. (F) Time to Remediate: Ifthe Board determines that a Secure Transportation Service has violated these Regulations, it may, in its sole discretion, allow the Secure Transportation Service a period of time to remedy the violation. Such period shall not exceed thirty (30) days. In the event that the violation is not cured within that time period, the Board shall reconvene and make a subsequent determination regarding whether the license or permit of the Secure Transportation Service should be revoked or suspended. ARTICLE XI: DATA COLLECTION AND REPORTING REQUIREMENTS 11.1 Any secure transport resulting in the serious injury, illness, or death of a client or staff member during transport or resulting in injury to the client as a result of the use of physical restraint during transport shall be reported to the receiving facility immediately and to the County within twenty-four (24) hours of the incident. The County must be notified by calling or emailing the Emergency Manager. Each report shall identify and describe the circumstances leading to the serious injury, illness, or death ofa client or staff member during transport. 11.2 In accordance with Part 6, 6 CCR 1011-4, all secure transportation services in Colorado shall provide the Department the required data and information in a form and manner determined by the Department as follows: (A) Beginning in 2024, all secure transportation services shall submit the following data no later than March 1 for the previous calendar year: 22 SJC SECURE TRANSPORT 2022 (1) The total number of transports (individual trips and trips with multiple clients as allowed in Part 8.4, 6 CCR 1011-4) that the service's vehicles made for the previous calendar year. (2) The total number of adults (18+) served by the secure transportation service for the previous calendar year. (3) The total number of minors (17 and under) served by the secure transportation service for the previous calendar year. (4) The type of location where individuals were picked up and dropped off for the previous calendar year. (5) The total number of individuals who were transported by the Secure Transportation Service more than one time for the previous calendar year. (6) The total number of transports (individual trips and trips with multiple clients as allowed in in Part 8.4, 6 CCR 1011-4) that the Secure Transportation Service declined due to lack of secure transportation service resources for the previous calendar year. (7) Demographic information for the previous calendar year, including, but not limited to: (a) The total number of clients served by residential zip code; (b) The total number of clients served by pickup location zip code; and (c) The total number of clients served by gender, race and ethnicity. (8) The total number of clients the Service transported who were not on involuntary holds (M1, M5 and M8) for the previous calendar year. (B) The Secure Transportation Service shall complete and submit to the Department a secure transportation service profile in the manner and method determined by the Department. The profile shall include, but not be limited to contact information for the licensee and its owner, manager, and/or administrator, demographics of the service area, number and types of responding staff, number of calls, counties served, organizational type, and number and type of responding vehicles. (1) Secure transportation services shall update the profile data whenever changes occur and at least annually. (2) As part of the profile, a licensed ground ambulance agency shall notify the Department ifit is providing secure transportation services under its ground ambulance license. 23 SJC SECURE TRANSPORT 2022 (C) The Department may establish procedures to monitor and enforce compliance regarding submission of secure transportation service profile information as described in Part 6.4, 6 CCR 1011-4 and annual submission of utilization data as described in Part 6.2, 6 CCR 1011-4. (D) Tf a secure transportation service fails to comply with the Department's rules, the Department may report this lack of compliance to Archuleta County. (E) The Department may establish procedures to allow outside agencies, institutions, or individuals to obtain information from the secure transportation data system. (F) A secure transportation service may request the annual data that it has submitted to the Department. ARTICLE XII: ASSIGNMENT Assignment, sale or transfer of a secure transportation service license or vehicle permit is strictly prohibited. ARTICLE XIII: FEES 13.1 San Juan County shall charge non-refundable, flat fees for licensing and permitting pursuant to these Regulations as follows: 3 Year Secure Transportation Service License $300.00 1 Year Vehicle Permit $100.00 13.2 Fees are non-refundable, not transferrable, and will not be pro-rated. 13.3 Payment of the total fee is required at the time of submission of the application. ARTICLE XIV: REVIEW OF REGULATIONS These Regulations shall be reviewed periodically as necessary to maintain compliance with State law and regulations governing the licensing and permitting of ground Secure Transportation Service and vehicles. The Board retains full right to revise, add to, amend, and/or delete from the Regulations from time to time as the Board in its sole discretion sees fit. 24 SJC SECURE TRANSPORT 2022 Code of Colorado Regulations Secretary of State State of Colorado DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT Health Facilities and Emergency Medical Services Division STANDARDS FOR SECURE TRANSPORTATION SERVICES 60 CCR 1011-4 [Editor's Notes follow the text of the rules at the end of this CCR Document.) Adopted by the Board of Health on June 15, 2022. Effective on August 14, 2022. These rules ncorporate by reference the following materials: Federal Motor Vehicle Safety Standards 49 C.F.R. Part 567.4(a) for manufactured motor vehicles (except replica motor vehicles and vehicles manufactured in two (2) or more stages), 49 C.F.R. Part 567.5 for vehicles that are manufactured in two (2) or more stages, or 49 C.F.R. Part 567.7 for certified vehicles that are altered (2022); and 42 CFR Part 2 Confidentiality of Substance Use Disorder Patient Records (2022). Such incorporation does not include ater amendments to or editions of the referenced material. The Health Facilities and Emergency Medical Services Division of the Colorado Department of Public Health and Environment maintains copies of the incorporated federal regulations for public nspection during regular business hours and the referenced materials may also be accessed at htps/www.ect.gowceurenunte-9susileBchaner-ypan-587secton-567 4 (Requirements for manufacturers of motor vehicles); htps/www.ecf.goovcurenvtte-49section-567.5 (Requirements for manufacturers of vehicles manufactured in two or more stages); smmastaiseeNe 49/section-567.7 (Requirements for persons who alter certified vehicles); and htps/www.ecf:.gvcurent/le-42chapter-lsubchsubchapter-Alpart-2 (Confidentiality of Substance Use Disorder Patient Records). Interested persons may obtain certified copies of any non-copyrighted material from the department at cost upon request. information regarding how the incorporated materials may be obtained or examined is available from the division by contacting: Associate Division Director Health Facilities and EMS Division Colorado Department of Public Health and Environment 4300 Cherry Creek Drive South Denver, Colorado 80246-1530 INDEX Part 1 - Statutory Authority and Applicability Part 2 - Definitions Part 3 - County Issuance of Licenses and Vehicle Permits Part 4. - Complaints Part 5 - Denial, Revocation, or Suspension of Licensure and/or Vehicle Permits Part 6 - Data Collection and Reporting Requirements Part 7 - Staffing Requirements Part 8 - Clinical, Medical, and Operating Standards and Procedures 1 CODE OF COLORADO REGULATIONS 6CCR 1011-4 Health Facilities and Emergency Medical Services Division Part 9 = Client Rights Part 10 - Quality Management Program Part 1. STATUTORY AUTHORITY AND APPLICABILITY 1.1 Statutory Authority The statutory authority for the promulgation of these rules is set forth in Sections 25-3.5-103, 25-3.5-309, 25-3.5-310, 25-3.5-311, and 25-3.5-313, C.R.S. 1.2 Applicability (A) Secure transportation services, as defined herein, shall comply with all applicable federal, state, and local laws and regulations, including but not limited to 6 CCR 1011-4 as it applies to the type of services provided. (B) Contracted services performed on behalf of secure transportation services shall meet the standards established herein. Part 2. DEFINITIONS 2.1 "Abuse" means any of the following acts or omissions: (A) The non-accidental infliction of bodily injury, serious bodily injury, or death; (B) Confinement or restraint that is unreasonable under generally accepted standards; or (C) Subjection to nonconsensual sexual conduct or contact. 2.2 Administrator means any person who is responsible for the overall operations of the secure transportation service as set forth in Part 7.2. 2.3 "Based" means a service area in a county where the client is picked up for secure transportation services. 2.4 Behavioral health" means an individual's mental and emotional well-being and actions that affect an individual's overall wellness. Behavioral health issues and disorders include substance use disorders, serious psychological distress, suicide, and other mental health disorders, and range from unhealthy stress or subclinical conditions to diagnosable and treatable diseases. The term "behavioral health" is also used to describe service systems that encompass prevention and promotion of emotional health and prevention and treatment services for mental health and substance use disorders. 2.5 "Behavioral health crisis" means a significant disruption in a person's mental or emotional stability or functioning resulting in an urgent need for immediate assessment and treatment to prevent a further or serious deterioration in the person's mental or physical health. 2.6 "Chemical Restraint" means giving an individual medication involuntarily for the purpose of restraining that individual; except that "chemical restraint" does not include the involuntary administration of medication pursuant to Section 27-65-111 (5), C.R.S., or administration of medication for voluntary or life-saving medical procedures. 2.7 "Class A" means secure transportation services licensed to use physical restraint during secure transport pursuant to the parameters set forth at Part 8.3. 2 CODE OF COLORADO REGULATIONS 60 CCR 1011-4 Health Facilities and Emergency Medical Services Division 2.8 "Class B" means secure transportation services that are not licensed to use physical restraint during secure transport. 2.9 "Client" means an individual experiencing a behavioral health crisis who is eligible for urgent secure transportation services as defined at Part 2.22 and who meets the parameters set forth at Part 8.1. 2.10 "Direct client contact" means any staff member who interacts directly with clients either before, during, or after the secure transportation service and is qualified by training pursuant to Part 7.7(A)(1). This may include the driver or any other staff member who is not providing direct client support. 2.11 "Direct client support" means any staff member who interacts directly with clients and is qualified by training pursuant to Part 7.7(A)(2) in mental health first aid, basic first aid, and cardiopuimonary resuscitation (CPR) who is assigned to provide secure transportation services to individuals experiencing a behavioral health crisis. 2.12 "Emergency Medical Services Facility" means a licensed or certified facility that provides emergency medical services, including but not limited to: hospitals, hospital units as defined at Section 25-3-101, C.R.S.; freestanding emergency departments as defined at Section 25-1.5- 114, C.R.S.; psychiatric hospitals; community clinics; behavioral health entities; and community mental health centers, crisis stabilization units, or acute treatment units licensed as a behavioral health entity. 2.13 Exploitation" means an act or omission committed by a person who: (A) Uses deception, harassment, intimidation, or undue influence for their personal gain to permanently or temporarily deprive a client of the use, benefit, or possession of anything of value; (B) Forces, compels, coerces, or entices a client for the profit or advantage of the person or another person against the will of the client; or (C) Misuses the property of a client in a manner that adversely affects the client's ability to receive services or care. 2.14 "Facility", 1 for the purposes of this chapter, means all facility types defined at Part 2.22(C). 2.15 "Harmful act" means an act committed against a client by a secure transportation service staff member when such act is not defined as abuse, neglect, or exploitation but causes harm to the health, safety, or welfare of a client. 2.16 "Licensee" mears the persur uI business enlily thal is granted a license by the county to operate a secure transportation service and that bears legal responsibility for compliance with all applicable federal, state, and local statutes and regulations. 2.17 "Manager" means any person who is responsible for supervising staff and the day-to-day operations of the secure transportation service as set forth in Part 7.3. 2.18 "Mistreatment" means abuse, neglect, exploitation, or a harmful act. 3 CODE OF COLORADO REGULATIONS - CCR 1011-4 Health Facilities and Emergency Medical Services Division 2.19 "Neglect" means a staff member's failure to provide behavioral health care, physical care, supervision, or any other service necessary for the health or safety of a client during the secure transportation service in a timely manner and with the degree of care that a reasonable person in the same situation would exercise. Neglect also means a staff member knowingly using harassment, undue influence, or intimidation to create a hostile or fearful environment for a client. 2.20 "Owner" means an officer, director, general partner, limited partner, or other person having a financial or equity interest in the secure transportation service. An owner may also serve as the manager and/or administrator of a licensed secure transportation service. 2.21 "Physical restraint", for the purposes of this chapter, means a physical device used to involuntarily restrict the movement of an individual or the movement or normal function of a portion of their body. 2.22 "Secure transportation" or "Secure transportation services" means urgent transportation services provided to individuals experiencing a behavioral health crisis. Secure transportation includes: (A) An individual being transported pursuant to Section 27-65-103 or 27-65-105(1), C.R.S., ransportation from the community to a facility designated by the Executive Director of the Department of Human Services (DHS) for treatment and evaluation pursuant to Article 65 of Title 27; (B) An individual in need of services pursuant to Articles 81 and 82 of Title 27, transportation from any location to an approved treatment facility, as described in Section 27-81-106, C.R.S., or to a walk-in crisis center that is in operation as part of the behavioral health crisis response system; (C) An individual who is receiving transportation across levels of care or to a higher or lower level of care, transportation between any of the following types of facilities: (1) An emergency medical services facility; (2) Ai facility designated by the Executive Director of DHS for the treatment and evaluation pursuant to Article 65 of Title 27; (3) An approved treatment facility, as described in Section 27-81-106, C.R.S. (4) A walk-in crisis center that is operating as part of the behavioral health crisis response system; or (5) AI behavioral health entity (BHE) licensed pursuant to Section 25-27.6-106, C.R.S., with a current twenty-four (24) hour endorsement. (D) Secure transportation does not include urgent transportation services provided by law enforcement or personnel employed by or contracted with a law enforcement agency to individuals experiencing a behavioral health crisis. (1) Except that any member of a co-responder team may provide urgent transportation services if that co-responder: (a) Is not law enforcement or personnel employed by or contracted with a law enforcement agency; and (b) Holds a valid license for secure transportation by the county in which the secure transportation originates; and 4 CODE OF COLORADO REGULATIONS 6CCR 1011-4 Health Facilities and Emergency Medical Services Division (c) Provides secure transportation in a vehicle: (1) With a valid permit issued by the county in which the secure transportation originates, and () That meets the minimum requirements for secure transportation services in this rule chapter. 2.23 "Serious injury" means brain or spinal cord injuries; bone breaks or fractures; any injury that threatens life or limb, impairs the function of any part or organ of the body, or results in permanent disfigurement; burns of the second or third degree; and/or physical or sexual abuse as described in Article 3 of Title 18. 2.24 "Type 1" means a permitted vehicle with a permanent safety partition that separates the driver from the passenger compartment. 2.25 "Type 2" means a permitted, non-partitioned vehicle. Part3. COUNTY ISSUANCE OF LICENSES AND VEHICLE PERMITS 3.1 License Required (A) Except as provided in Part 3.2 of these rules, no secure transportation service, public or private, shall transport a person experiencing a behavioral health crisis from any point within Colorado to any point within or outside Colorado unless that secure transportation service holds a valid license and permits issued by the county or counties in which the secure transportation service is based. (B) Counties may enter into reciprocal licensing and permitting agreements: (1) With other counties; and (2) With neighboring states providing out-of-state secure transport services that comply with these rules or substantially equivalent out-of-state secure transport rules. 3.2 County Exemptions from Licensure or Permit Requirements (A) The following entities may provide secure transportation services to an individual experiencing a behavioral health crisis without a secure transportation license: (1) Ground Ambulance Agencies, licensed pursuant to Section 25-3.5-301, C.R.S., (2) Transportation services provided by the Office of Behavioral Health (OBH) within the DHS, (3) Emergency service patrols established pursuant to Section 27-81-115, C.R.S., and (4) Law enforcement. (B) A ground ambulance agency licensed pursuant to Section 25-3.5-301, C.R.S. is exempt from additional secure transportation licensing requirements as set forth in Part 3.2(A) and is eligible to receive reimbursement pursuant to Section 25.5-5-328, C.R.S., if the ambulance agency meets all requirements set forth in 6 CCR 1011-4. 5 CODE OF COLORADO REGULATIONS 60 CCR 1011-4 Health Facilities and Emergency Medical Services Division (1) A ground ambulance agency shall notify the Department if it is providing secure transportation services under its ground ambulance license as part of its secure transportation service profile set forth at Part 6.4. (C) In the event that all licensed secure transportation services are unavailable to provide secure transportation services in a county, the county may establish a process by which secure transportation services that are not licensed within the county's jurisdiction are allowed to provide temporary secure transportation services to an individual experiencing a behavioral health crisis. 3.3 General Requirements for County Licensure of Secure Transportation Services and Permitting of Secure Transportation Vehicles (A) Counties shall adopt and periodically review, by resolution or regulations, requirements for licensure of secure transportation services. The licensure requirements shall include, but not be limited to: (1) Compliance with all applicable laws and regulations to operate a secure transportation service in Colorado. (2) Submission of a completed application form adopted by the county. (3) Submission of an application fee and vehicle permit fee(s), as defined in county resolution or regulation. (4) Submission to the county, upon request, of copies of the secure transportation service's written policy and procedure manual, operational and, if applicable, medical protocols, training procedures, or other documentation the county may deem necessary. (5) Demonstration by the applicant of minimum vehicle insurance coverage as defined by Section 10-4-609 and Section 42-7-103(2), C.R.S. with the county(ies) identified as the certificate holder. (6) Demonstration by the applicant of proof of general liability and applicable professional liability insurance coverage, at a minimum: (a) Liability insurance for injuries in the amount of $1,000,000 for each individual claim. (b) Liability insurance in the amount of $3,000,000 for all claims made against the secure transportation service or against its personnel from an Insurance company authorlzed to write llabllty Insurance In Colorado. (c) Liability insurance coverage to the maximum extent required by Section 24-10-114, C.R.S., as applicable, if the secure transportation service is granted qualified immunity under the Colorado Governmental Immunity Act, Section 24-10-101, et seq., C.R.S. (7) Demonstration by the applicant of proof of any additional insurance as identified in county resolution or regulations. (8) Demonstration by the applicant of proof of a minimum level of worker's compensation consistent with the Colorado Worker's Compensation Act in Articles 40-47 of Title 8, C.R.S., as applicable. 6 CODE OF COLORADO REGULATIONS 6 CCR 1011-4 Health Facilities and Emergency Medical Services Division (9) A requirement that a new owner shall obtain a secure transportation license and vehicle permit(s) prior to beginning operations and upon change of ownership of as secure transportation service. (10) Compliance with client and crew vehicle safety standards as follows: (a) All vehicles must demonstrate proof of compliance with Federal Motor Vehicle Safety Standards on the date of manufacture in accordance with the following: (i) 49 C.F.R. Part 567.4(a) for manufactured motor vehicles (except replica motor vehicles and vehicles manufactured in two (2) or more stages), (ii) 49 C.F.R. Part 567.5 for vehicles that are manufactured in two (2) or more stages, or (ii) 49 C.F.R. Part 567.7 for certified vehicles that are altered. (b) All vehicles must undergo routine vehicle maintenance and periodic checks in accordance with manufacturer recommendations. (c) All vehicles must have the following safety features: (i) Four doors; (i) Ligature risk reduction measures; (ii) Child safety and window safety locks; (iv) Global Positioning System (GPS) tracking; (v) Occupant protection, including seat belts, supplemental inflatable restraints, and child safety seats (as applicable); (vi) Cabin temperature control and ventilation system; (vii) Be absent any foreign items or instruments in the secured area that may be used to inflict harm; and (viii) Mirror for monitoring the client or capability for visual observation of the client. (d) If a Type 1 vehicle with a safety partition that separates the driver from the passenger compartment is being used for the secure transportation service, then the vehicle must have the following additional safety features: (i) Permanent installation of all safety partitions; and (i) For vehicles with a cargo area, a safety partition must also be installed that separates the passenger compartment from the cargo area; 7 CODE OF COLORADO REGULATIONS 6CCR 1011-4 Health Facilities and Emergency Medical Services Division (e) All vehicles must be equipped with the following: (1) First aid kit; (i) Fire extinguisher; (ii) Wireless two-way communication (public safety radio, commercial land mobile radio, or wireless telephone); (iv) Biohazard bag; (v) Personal protective equipment for each occupant as per public health recommendations; and (vi) Map of service area. (f) If a licensed secure transportation service utilizes physical restraint as part of its services, the vehicle shall additionally be equipped with the following: (i) Automated external defibrillator (AED); (i) Non-metal, soft posey-type restraints; and (ii) Device intended to prevent a client from spitting or biting that does not restrict the client's airway or breathing ability and does not pose a ligature risk. (B) The county shall verify that each vehicle is inspected annually by qualified representatives, as defined and appointed by the county commissioners, to assure compliance with these rules. Counties shall ensure that all such representatives do not have any disclosed or undisclosed actual or potential conflicts of interest with the secure transportation service or inspection process. (1) Counties shall verify that all equipment on the vehicle is properly secured and supplies are maintained and stored in accordance with this chapter and any manufacturer recommendations. (2) A county may delegate or contract the vehicle inspection process but not the responsibility of licensure as set forth in Section 25-3.5-309, et seq., C.R.S. (C) The county may impose, by resolution, additional requirements for the secure transportation service. (D) A secure transportation service license or vehicle permit may not be assigned, sold, or otherwise transferred. 3.4 Licensure and Permitting Processes (A) Secure Transportation Service License. A secure transportation service license shall be issued by each county in which the secure transportation service is based, as defined in Part 2.3 above. The county shall ensure compliance with these rules, including minimum requirements for equipment, training, operating procedures, and all additional license requirements established by that county. 8 CODE OF COLORADO REGULATIONS , CCR 1011-4 Health Facilities and Emergency Medical Services Division (1) Licensure ClassicatonsCalegones. The county shall create a process and procedure for the issuing of licenses for each secure transportation service. Secure transportation services have the following two (2) licensing options: (a) Class A - services that may use physical restraint during secure transport pursuant to the parameters set forth in Part 8.3, and (b) Class B - services that shall not use physical restraint during secure transport. (2) Licensure Period. The licensure period for all secure transportation services shall be three (3) years. (B) Vehicle Permits (1) The county shall create a process and procedure for the issuing of permits for each vehicle used to provide secure transportation services. (2) The type of permit issued will be determined by the type of vehicle that secure transportation services and their appropriate staff utilize when providing secure transportation services to clients. Secure transportation vehicles have the following two (2) permit options: (a) Type 1 - vehicle with a safety partition that separates the driver from the passenger compartment, or (b) Type 2 - non-partitioned vehicle. (3) Each county may include in its resolution or regulations the requirements for identification of the permitted level of service on each vehicle issued a permit. (4) The county shall renew each vehicle permit on an annual basis if the secure transportation service is in compliance with county regulations or resolution. (5) The county shall ensure each vehicle used by the licensee meets the minimum requirements for vehicle design and safety standards in accordance with Part 3.3(A)(10) of this chapter. 3.5 License and Permit Renewal. Counties shall create a license and vehicle permit renewal process. The licensure and vehicle permit renewal process shall require the receipt of applications for renewal no less than thirty (30) days before the date of license and/or permit expiration. Part 4. COMPLAINTS 4.1 Each county shall have a written complaint and investigation policy and procedure to address: (A) Complaints against any secure transportation service in the county. (B) Allegations of unlicensed secure transportation services or vehicles without a valid permit operating within the county. 9 CODE OF COLORADO REGULATIONS 6CCR 1011-4 Health Facilities and Emergency Medical Services Division 4.2 The policy shall include, but not be limited to: (A) The procedures concerning complaint intake, including posted information for the public concerning how to file a complaint. (1) The county shall include written, verbal, and alternative methods of complaint intake. As part of its complaint process, the county shall include complaint intake methods that accommodate individuals in need of language and communication assistance. (2) The county shall provide clients with contact information for the secure transportation service staff member(s) responsible for complaint intake and problem resolution. (B) The county's duty to provide the secure transportation service with a copy of the complaint at the time it is filed. (C) The county's responsibility to contact the complainant to verify the substance of the allegations. (D) Criteria for initiating and conducting an investigation, including responding to and/or resolving complaints in a timely manner. (E) The method for notifying the complainant about the resolution of the investigation and the secure transportation service's plan to resolve the identified ssue(s). (F) The method for notifying other counties with jurisdiction over secure transportation services, and, if applicable, the Colorado Department of Public Health and Environment (Department) and/or the Colorado Department of Regulatory Agencies (DORA) about complaints regarding licensed or certified staff members associated with the secure transportation service. (G) The method for documenting the investigation of, and resolution process for, any complaint made. 4.3 The county shall notify the secure transportation service, its owner, manager, and administrator of the secure transportation service, in writing, of any: (A) Known violation of the secure transportation licensing regulations by the secure transportation service, or (B) Knownlalleged complaints or violations of the secure transportation icensing regulations by Indlvidual staff members, contractors, or licensed or certlfled providers operating on a secure transportation service. Part 5. DENIAL, REVOCATION, OR SUSPENSION OF LICENSURE AND/OR VEHICLE PERMITS 5.1 Each county shall develop policies and procedures for the denial, suspension, or revocation of a secure transportation service license or secure transportation vehicle permit(s). 5.2 Each county shall develop policies and procedures for the temporary suspension or permanent revocation of a secure transportation service license and secure transportation vehicle permit(s). The policy shall include a written process by which the board of county commissioners, upon determining that any secure transportation service has violated or failed to comply with any provision of these rules, may: 10 CODE OF COLORADO REGULATIONS 6 CCR 1011-4 Health Facilities and Emergency Medical Services Division (A) Temporarily suspend a license or vehicle permit, for a period not to exceed thirty (30) days, whereby the licensee receives a written notice of temporary suspension and a hearing no later than ten (10) days after temporary suspension; (B) Suspend any license or vehicle permit after the temporary suspension period, for any portion of or for the remainder of the license or permit period; or (C) Permanently revoke such a license or vehicle permit upon the licensee receiving a second violation. Part 6. DATA COLLECTION AND REPORTING REQUIREMENTS 6.1 All secure transportation services in Colorado shall provide the Department with the required data and information as specified in Parts 6.2 and 6.4 below in a form and manner determined by the Department. 6.2 Beginning in 2024, all secure transportation services shall submit, in the form and manner determined by the Department, the following data no later than March 1 for the previous calendar year: (A) The total number of transports (individual trips and trips with multiple clients as allowed in Part 8.4) that the service's vehicles made for the previous calendar year; (B) The total number of adults (18+) served by the secure transportation service for the previous calendar year; (C) The total number of minors (17 and under) served by the secure transportation service for the previous calendar year; (D) The type of location where individuals were picked up and dropped off for the previous calendar year; (E) The total number of individuals who were transported by the secure transportation service more than one time for the previous calendar year; (F) The total number of transports (individual trips and trips with multiple clients as allowed in Part 8.4) that the secure transportation service declined due to lack of secure ransportation service resources for the previous calendar year; and (G) Demographic information for the previous calendar year, including, but not limited to: (1) The total number of clients served by residential zip code; (2) The total number of clients served by pickup location zip code; and (3) The total number of clients served by gender, race, and ethnicity. (H) The total number of clients the service transported who were not on involuntary holds (M1, M.5, and M8) for the previous calendar year. 11 CODE OF COLORADO REGULATIONS 60 CCR 1011-4 Health Facilities and Emergency Medical Services Division 6.3 Any secure transport resulting in the serious injury, illness, or death of a client or staff member during transport or resulting in injury to the client as a result of the use of physical restraint during transport shall be reported to the receiving facility immediately and to the county within twenty- four (24) hours of the incident in the manner and method determined by the county. Each report shall identify and describe the circumstances leading to the serious injury, illness, or death of a client or staff member during transport. 6.4 The secure transportation service shall complete and submit to the Department a secure transportation service profile in the manner and method determined by the Department. The profile shall include, but not be limited to: contact information for the licensee and its owner, manager, and/or administrator, demographics of the service area, number and types of responding staff, number of calls, counties served, organizational type, and number and type of vehicles. (A) Secure transportation services shall update the profile data whenever changes occur and at least annually. (B) As part of its profile, a licensed ground ambulance agency shall notify the Department if it is providing secure transportation services under its ground ambulance license. 6.5 Upon Department request, the county shall provide a list of secure transportation services it licenses and a list of all vehicles for which it has issued permits to provide urgent transportation services. 6.6 The Department may establish procedures to monitor and enforce compliance regarding submission of secure transportation service profile information as described in Part 6.4 and annual submission of utilization data as described in Part 6.2. 6.7 If a secure transportation service fails to comply with these rules, the Department may report this lack of compliance to any counties in which the service is licensed. 6.8 The Department may establish procedures to allow outside agencies, institutions, or individuals to obtain information from the secure transportation data system. 6.9 A secure transportation service may request the annual data that it has submitted to the Department. Part 7. STAFFING REQUIREMENTS 7.1 Manager and Administrator Minimum Qualifications. The county shall require each secure transportation service operating within its jurisdiction to have a manager and administrator who meet the following minimum qualifications: (A) Be at least wenty-one (21) years of age, possess a high school diploma or GED, and: (1) Have at least one (1) year documented supervisory experience in the provision of secure transportation services; or (2) Be qualified by education, knowledge, and experience to oversee the secure transportation services provided; (B) Be able to communicate, understand, and respond effectively to the client, family representatives, and other providers and be able to use appropriate translator services as needed; 12 CODE OF COLORADO REGULATIONS 3 CCR 1011-4 Health Facilities and Emergency Medical Services Division (C) Be familiar with all applicable local, state, and federal laws and regulations concerning the operation and provision of secure transportation services; (D) Be in good standing with any state regulatory agency if the manager or administrator is licensed or certified with DORA or the Department; and (E) Have passed a background check that was performed by the secure transportation service or owner prior to the assumption of responsibilities in accordance with Part 7.6(C). The manager or administrator shall not conduct their own background check or any required follow up. 7.2 Administrator Responsibilities. The responsibilities of the administrator include, but are not limited to: (A) Managing the business affairs and overall operation of the secure transportation service, including planning, organizing, developing, controlling, and/or maintaining the service's operations; (B) Organizing and directing the service's ongoing functions; (C) Overseeing a budgeting and accounting system; (D) Designating in writing a qualified back up administrator to act in the administrator's absence or requiring the administrator or their qualified designee to be available in person or remotely to assist secure transportation service staff members with urgent matters that arise during all hours that staff are providing services; (E) Ensuring the secure transportation service is in compliance with all applicable federal, state, and local laws; (F) Ensuring the completion, maintenance, and submission of such reports and records as required by the county and/or Department; (G) Developing and implementing a quality management program in accordance with Part 10 of these rules; and (H) Maintaining appropriate records and all policies and procedures of the service, including, but not limited to: (1) Personnel records, including verification of each staff member's compliance with orientation and annual training requirements set forth in Part 7.7 and verification of any applicable active professional licensure or certification; (2) Client records, including individual trip logs and the data reporting requirements in accordance with Part 6 of these rules; and (3) Financial and administrative records, including certificates of insurance for the secure transportation service. 7.3 Manager Responsibilities. The responsibilities of the manager include, but are not limited to: (A) Supervising staff and the day-to-day operations of the service; (B) Completing the appliçable annual training and core competencies at Part 7.7; 13 CODE OF COLORADO REGULATIONS 6CCR 1011-4 Health Facilities and Emergency Medical Services Division (C) Ensuring annual training completion and core competencies for every staff member with direct client contact; (D) Implementing a quality management program in accordance with Part 10 of these rules; (E) Maintaining appropriate records and ensuring accurate completion of records, including, but not limited to: (1) Personnel records; and (2) Client records, including individual trip logs and the data reporting requirements in accordance with Part 6 of these rules; and (F) Implementing all policies and procedures of the secure transportation service. 7.4 The manager and administrator may be the same person. 7.5 The county shall require the secure transportation service to inform the county within fourteen (14) business days, in writing, of changes regarding the manager or administrator of record. 7.6 Secure Transportation Service Staffing (A) At a minimum, the county shall establish by resolution or regulations the following secure transportation staffing requirements: (1) Any secure transportation vehicle driver must possess a current and valid driver's license. (2) If a Type 1 vehicle is being used for the secure transport, then the following shall apply: (a) If one (1) client is being transported, then one (1) staff member who possesses a current and valid certification for all training topics listed in Part 7.7(A)(1) and (2) is required to staff a vehicle permitted for each secure transport. This staff member may also be the driver. (b) If more than one (1) client is being transported, then one (1) staff member who possesses a current and valid certification for all training topics listed in Part 7.7(A)(1) and (2) shall be assigned to accompany each individual client during transport. A 1:1 ratio of client to staff member shall be maintained during the transport. One of these staff members may also be the driver. (3) If a Type 2 vehicle is being used for the secure transport, then the following shall apply: (a) If one (1) client is being transported, then two (2) staff members are required to staff the vehicle. At minimum, the staff member who is not the driver shall possess a current and valid certification for all training topics listed in Part 7.7(A)(1) and (2). 14 CODE OF COLORADO REGULATIONS 6 CCR 1011-4 Health Facilities and Emergency Medical Services Division (b) If more than one (1) client is being transported, then one (1) staff member who possesses a current and valid certification for all training topics listed in Part 7.7(A)(1) and (2) shall be assigned to accompany each individual client during transport. A 1:1 ratio of client to staff member shall be maintained during the transport, in addition to the driver who is not included in this staffing ratio requirement. (B) Each staff member with direct client contact must possess a certification or proof of having completed the required coursework in Part 7.7, as applicable. (C) The county shall ensure that the secure transportation service has a policy related to background checks for all staff members. Such background checks shall take place prior to an individual providing secure transportation services. The policy shall include, at a minimum: (1) The secure transportation service' s responsibility to conduct a background check on every existing and prospective staff member. (a) If any background check reveals prior convictions of a violent, fraudulent, or abusive nature, the manager or administrator shall inquire further to determine the potential impact on client safety in accordance with the policies developed by the secure transportation service. (b) If an individual is hired despite a background check that reveals a prior conviction of a violent, fraudulent, or abuse nature, the manager or administrator shall document the reasons for hire and plans for supervision. 7.7 Staff Training (A) The county shall establish by resolution or regulations the following minimum staff training requirements for all staff with direct client contact: (1) All staff shall complete orientation and achieve core competencies in training topics before providing secure transportation services. Orientation shall include, but is not limited to, required coursework in the following topics: (a) Cultural competencies including, but not limited to, supporting persons with physical or cognitive disabilities, language accessibility, and accessing interpretive services; (b) In-person or online verbal de-escalation training sessions that prioritize client and staff safety and inform restraint requirements set forth in Part 8.3; (c) Trauma-informed care principles; (d) Evade and escape violent encounter strategies; (e) Internal policies and procedures applicable to the secure transportation service and staff, including, but not limited to the staff disciplinary policy; (f) Client rights; and 15 CODE OF COLORADO REGULATIONS CCR 1011-4 Health Facilities and Emergency Medical Services Division (g) Compliance with applicable privacy laws, including, but not limited to Confidentiality of Substance Use Disorder Patient Records set forth at 42 CFR Part 2 for the support of clients with substance use disorders. (2) In addition to completing the minimum training requirements set forth in Part 7.7(A)(1), all secure transportation staff members who provide direct client support shall also complete training during orientation and achieve core competencies in the following topics: (a) Adult and Youth Mental Health First Aid as offered by educational institutions or by professional organizations such as mentalhealhfirstaldory. or the equivalent; (b) Basic First Aid and CPR; and (c) Care of clients with substance use disorders. (3) All secure transportation staff members who may utilize ohysical restraint, as defined at Part 2.21, during secure transportation of clients under Class A services shall, in addition to completing training set forth in Part 7.7(A)(1) and (2), also complete training during orientation and achieve core competencies in the following topics: (a) Circumstances and protocols governing the permissible application of individual physical restraint during secure transport in accordance with Part 8 of these rules; and (b) Safe application of individual physical restraint on clients during secure transport. (B) All staff members shall complete orientation and achieve core competencies in training topics prior to providing secure transportation services, and annually thereafter or as recommended by the relevant training organizations. (C) The secure transport service shall record and document each staff member's compliance with these orientation and annual training requirements and shall make them available to the county(ies) upon request. Part 8. CLINICAL, MEDICAL, AND OPERATING STANDARDS AND PROCEDURES 8.1 Parameters for Secure Transportation. Secure transport clients shall only be transported under the following circumstances: (A) The client is experiencing a behavioral health crisis. (B) The client is in need of urgent transportation to a facility that is defined at Part 2.22(C). (C) The client does not and will not need either: (1) Medical treatment during transport, or (2) Active or ongoing medical monitoring. (D) The client does not and will not need to be chemically restrained during secure transport as a behavioral intervention. 16 CODE OF COLORADO REGULATIONS 6CCR 1011-4 Health Facilities and Emergency Medical Services Division 8.2 Policies and Procedures (A) The county shall ensure that all secure transportation services have policies and procedures that follow national best practice guidelines where available, that address, at a minimum: (1) Appropriate procedures to assess initially whether the client requires a higher level of transport than the service can provide; (2) Appropriate procedures to follow when, during a secure transport, it becomes apparent that a client needs medical attention or a higher level of transport than the service can provide; (3) Appropriate procedures to confirm the receiving facility's acceptance of the client prior to initiation of the secure transport; (4) Criteria used for pickup and drop-off, including the circumstances that determine as secure transport client's eligibility as set forth in Part 8.1; (5) The level of support and protection needed for both client and staff safety; (6) Compliance with vehicle safety standards and procedures set forth in Part 3.3(A)(10); (7) Proper evacuation of the vehicle during emergencies if the windows and/or exits of the vehicle are blocked or inaccessible; (8) Infection prevention and control, including the decontamination of the vehicle after each transport; (9) Parental and/or guardian level of support and involvement; (10) Meeting client needs on extended transports including meals, water, and bathroom breaks; (11) Documentation of all steps in the process from initial pickup request to drop-off, including but not limited to documenting all stops made during the secure transportation service. (B) In addition, the county shall ensure that all Class A secure transportation services have the following policies and procedures that address, at a minimum: (1) The circumstancos under which staff who providc dircct clicnt Gupport may apply individual physical restraint during the course of the secure transportation service, given the parameters outlined in Part 8.3, and (2) The application of individual physical restraint, including training protocols and safety precautions, to ensure the restraints do not restrict the client's airway or breathing ability. 8.3 Restraint (A) No chemical restraint shall be administered during a secure transport. If chemical restraint is needed to ensure client safety, then the client shall receive an ambulance transport. 17 CODE OF COLORADO REGULATIONS 60 CCR 1011-4 Health Facilities and Emergency Medical Services Division (B) Physical restraint, as defined at Part 2.21 for the purposes of this chapter, shall only be utilized for health and safety purposes under the following circumstances: (1) In cases of emergency, when the client is at risk of causing serious, probable, and imminent threat of bodily harm to themselves or to others and where there is the present ability to effect such bodily harm; and (2) After the failure of less restrictive alternatives, including verbal de-escalation; or (3) After a determination that such alternatives would be nappropriate or ineffective under the circumstances. (C) Ifp physical restraint is utilized during a transport, the service shall document the time at which the physical restraint was applied and removed (if applicable) and the type of physical restraint used. 8.4 The secure transportation service shall transport one (1) client per vehicle transport, except under the following circumstances: (A) Each client has received behavioral health clearance from the treating provider at the sending facility, no physical restraint is needed, and there is a low probability of behavioral destabilization; (B) Each client has received medical clearance from the treating provider at the sending facility, is medically stabilized, and has a low probability of medical destabilization; (C) Each client has received an assessment from the treating provider at the sending facility that the client is an appropriate candidate for a transport with one or more individuals; (D) The transport is an inter-facility transport as defined at Part 2.22(C); and (E) Each client has given their consent to be transported with another individual(s). 8.5 The secure transportation service shall create and maintain accurate and detailed logs of client transports, including professional incident reports. 8.6 To ensure the needs of clients are met, secure transportation services that do not provide 24/7 services shall provide the client with their after-hours contact information and with contact information for the secure transportation service's back-up providers. Part 9. CLIENT RIGHTS 9.1 The county shall ensure that each secure transportation service has written client rights that assure a client has the right to be treated with consideration, respect, and full recognition of human dignity and individuality, and that include, at a minimum: (A) The right of the client and their property to be treated with respect; (B) The right of the client to have access to basic comfort items and their personal mobile phone provided the direct client support staff member establishes and documents that those items do not pose a danger to the client or staff member; (C) The right of the client to wear their own clothes provided the direct client support staff member establishes and documents that those items do not pose a danger to the client or staff member; 18 CODE OF COLORADO REGULATIONS 6 CCR 1011-4 Health Facilities and Emergency Medical Services Division (D) The right of the client to receive secure transportation services by the least restrictive means necessary to assure the safety of the client; (E) The right of the client to be free from discrimination in the provision of services; (F) The right of the client to be free from neglect; financial exploitation; and verbal, physical, and psychological abuse, including humiliation, intimidation, or punishment; (G) For clients who request voluntary transport, the right of the client to discontinue secure transportation services; (H) The right of the client to receive disclosure about any video andlor audio recording that occurs during the delivery of service in accordance with applicable privacy laws; (I) The right of the client to have personally identifying health information protected from unnecessary disclosure; (J) The right of the client or their representative to file a complaint against the secure transportation service with the secure transportation service and county concerning services or care that is or is not furnished, and receive documentation of the existence of the investigation and resolution of the complaint, including providing the complainant with the results of the investigation and the secure transportation service's plan to resolve any identified issues; and (K) The right of the client to file a complaint with the secure transportation service and county without fear of discrimination or retaliation by the secure transportation service's owner, manager, administrator, or any staff members. 9.2 The county shall ensure that each secure transportation service has client rights' policies and procedures that include, at a minimum: (A) Procedures for identifying, reporting, reviewing, and investigating all allegations of abuse, mistreatment, neglect, and exploitation. (B) Procedures for timely communicating all investigation results to the client and county in which the secure transportation service is licensed. (C) Procedures for timely and appropriate disciplinary action up to and including termination of staff and appropriate legal recourse against any staff member who has engaged in abuse, mistreatment, neglect, or exploitation of a client. (D) Procedures the direct client support staff member must follow, pursuant to Parts 9.1(B) and (C), lo document their decision to: (1) withhold any basic comfort items and/or the client's personal mobile phone, or (2) prohibit a client from wearing their own clothes. 9.3 The secure transportation service shall provide written documentation of client rights and client rights' policies and procedures, including the right to file a complaint with the county, to clients at the initiation of the secure transportation service. (A) Ift the client is unable to read the rights, they shall be read the rights in a language they understand. 19 CODE OF COLORADO REGULATIONS 6CCR 1011-4 Health Facilities and Emergency Medical Services Division Part 10. QUALITY MANAGEMENT PROGRAM (QMP) 10.1 The county shall require each secure transportation service operating within its jurisdiction to have an ongoing quality management program (QMP) that is appropriate to the size and type of the service. The program shall incorporate a plan that evaluates the quality of client care and safety and has the following policies and procedures including, at a minimum: (A) The incorporation of the substantiated findings of any complaint into its QMP for the purpose of evaluating and implementing systematic changes where needed; (B) The general description of the types of cases, problems, or risks to be reviewed and criteria for identifying potential risks; (C) Identification of the staff members responsible for coordinating quality management activities; (D) A description of the method(s) for: (1) Investigating and analyzing the frequency and causes of individual problems and patterns of problems; (2) Taking corrective action to address the problems, including prevention and minimizing problems or risks; (3) Evaluating corrective action(s) to determine the effectiveness of such action(s); and (4) Coordinating all pertinent case, problem, or risk review information with other applicable quality assurance and/or risk management activities, such as review of client care; review of staff conduct; the client complaint system outlined in Part 4 of these rules; and education and training programs; (E) Documentation of required quality management activities, including cases, problems, or risks identified for review; findings of investigations; and any actions taken to address problems or risks; (F) A schedule for program implementation not to exceed ninety (90) days after the date of the issuance of the secure transportation service license; (G) A schedule for program evaluation to periodically assess the effectiveness of services and review the clinical and operational protocols and compliance with such protocols; (H) The utilization or application of data collected pursuant to Part 6.2 to inform the quality management plan; and (1) A written disciplinary policy that addresses a process for staff quality improvement. 10.2 The secure transportation service shall make available the quality management plan to the county in which it seeks to be licensed during the initial and renewal licensure applications. 10.3 The county, Department, or any other appropriate regulatory agency having jurisdiction for disciplinary or licensing sanctions shall have access to any records, reports, and other information of the quality management program. 20 CODE OF COLORADO REGULATIONS 6CCR 1011-4 Health Facilities and Emergency Medical Services Division Editor's Notes History New rule eff. 08/14/2022. 21 SAN JUAN COUNTY BOARD OF COUNTY COMMISSIONERS RESOLUTION NO. 2022-09 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF SAN JUAN COUNTY,STATE OF COLORADO, DECLINING PARTICIPATION IN THE FAMLI PROGRAM AND PROVIDING FOR NOTIFICATION TO THE STATE OF COLORADO OF SUCH DECLINATION OF PARTICIPATION At a regular meeting oft the Board ofCounty Commissioners (the "Board") held on the 21st day of November, 2022, after taking testimony and considering any comments by the public and County employees on the issue, the following action was taken: WHEREAS, prior to the meeting during which this Resolution was considered, appropriate public notice was provided, stating that the Board would take testimony and comments on the subject of this Resolution. Further, all County employees were notified in writing and provided both information regarding the vote process and the opportunity to submit comments through a public process to the Board; and WHEREAS, the Board has the authority under Colorado law, including, but not limited to C.R.S. $$30-11-103 and 107 to make decisions regarding the County budget, personnel benefits, and employment policies in the unincorporated areas ofthe County; and WHEREAS, in 2021, the Colorado General Assembly enacted legislation known as the Paid Family and Medical Leave Insurance Act (FAMLI), C.R.S. $8-13.3-501, et seq., the provisions of which will become operative in 2023; and WHEREAS, the Board has reviewed and considered the advantages and disadvantages of participation in FAMLI, and the current benefits provided by the County to its employees; and WHEREAS, an employee of a local government that has declined participation in the program pursuant to statute may elect coverage and individual participation; and WHEREAS, a local government may decline participation by formally notifying the division of family and medical leave insurance in writing and providing the date of the vote and the local government's S decision to decline participation in the FAMLI program. NOW, THEREFORE, BE IT RESOLVED THAT: 1. As ofthe date of adoption ofthis Resolution, San Juan County by and through its Board of County Commissioners provides written notice that it is declining participation in the Paid Family and Medical Leave Insurance Program (FAMLI) by sending a copy of this Resolution to the Division of Family and Medical Leave Insurance. 2. For purposes of compliance with the regulations promulgated concerning local government participation with FAMLI found at 7 CCR 1107-2, and in particular, Section 7 CCR 1107 2.5 (A), the date of the vote ofthe Board ofCounty Commissioners to decline participation is the date below identified as "Adopted and Effective". 3. Staff is directed to provide all county employees with information regarding the FAMLI program as is required by statute and regulation, and to provide payroll deduction processing to any employees who elect to participate in FAMLI as individuals. 4. The County will renew this declination not later than eight years from the adopted and effective date, or may elect coverage in the future as provided by statute and regulation. READ, PASSED AND ADOPTED this 21st day of November, 2022 by the Board of Commissioners of San Juan County, Colorado. Attest: Scott Fetchenhier, Chair Ernest F. Kuhlman Ladonna L. Jaramillo Clerk and Recorder Austin Lashley INTERGOVERNMENTAL AGREEMENT FOR THE IMPOSITION AND COLLECTION OF AN IMPACT FEE FOR FIRE PROTECTION, RESCUE AND EMERGENCY SERVICES - THIS AGREEMENT (the "Agreement") is entered into this day of octobe 2022, by and between the BOARD OF COUNTY COMMISSIONERS OF LA PLATA COUNTY, COLORADO (the "County") and the DURANGO FIRE PROTECTION DISTRICT (the "District"). RECITALS AND PURPOSES WHEREAS, each of the parties is authorized and empowered by Colorado law to provide fire protection, rescue and emergency services within their respective jurisdiction; and WHEREAS, the County is authorized by Colorado law to regulate land use within its jurisdiction; and WHEREAS, thc District is a fire and emergency services provider as defined in C.R.S. $ 29-20- 103(1.3). which provides services within the boundaries of the District and the City of Durango (the "District service area"); and WHEREAS, C.R.S. $ 29-20-104.5 cxpressly authorizes the County, as a condition of issuance of a development permit, to impose an impact fee or other similar development charge to fund expenditures by a firc and emergency services provider that provides fire protection, rescuc, and emergency services in thei new development on capital facilities needed to serve: new development; and WHEREAS, the District commissioned the Durango Firc Protcction District Impact Fee Support Study August 2022 (the "District Impact Fee Study") for the sole purposes of (i) determining the reasonable impacts of proposed development on cxisting capital facilities and (i1) determining what amount of proposed impact fees or development charges would be sufficient but no greater than necessary to defray such impacts dircctly rclated to proposed development; and WHEREAS, the District Impact Fec Study identifies future capital facilities needed to adequately provide servicc to new growth and development within the District service area and recommends an impact fee necessary to defray such impacts related to new growth and development; and WHEREAS, thc District has approved the District Impact Fee Study, a copy of which is attached hercto as Exhibit A and incorporated herein by reference, having determined that it: determines thc rcasonable impacts of future development on District capital facilities; recommends a schedule ofproposed impact fees at a level no greater than necessary to dcfray such impacts directly related to futurc development; and ensures that no part of the proposed impact fec is rclated to remedying any deficiency in capital facilities that exists without regard to future devclopment; and 1 4874-8275-0002, v. 3 WHEREAS, based upon the evidence provided by the District, including the District Impact Fee Study, the County hereby finds and determines that the District Impact Fcc Study quantifics the reasonable impacts of proposcd devclopment on cxisting capital facilities of the District and recommends an impact fce or development charge at a level no greater than necessary to defray such impacts directly related to proposed development within the District service area; and WHEREAS, the parties agree that the County will impose an impact fee on each new development approved by the County within the District to defray the impacts on thc District which are directly related to such development, pursuant to thc tcrms sct forth in this Agrecment; and WHEREAS, this Agreement will establish the terms and conditions, as well as limitations, of the imposition and collection of such fees. NOW, THEREFORE, the parties covenant and agree to the following. 1. IMPOSITION OF IMPACT FEES. 1.1 County hereby agrees that it will take, or cause to bc taken, such formal action as may be required, in thc opinion of its lcgal counsel, to adopt an impact fee schedule, which will be used to imposc an impact fee on proposed new development to fund a portion of the expenditurcs madc by the District on future capital facilities necessitated by such proposed devclopment. Such impact fees shall be applicable for all new development in the District service area lying within the unincorporated areas of La Plata County and for which a building permit application is submitted after the effective date ofthe code provisions to be adopted by the County. 1.2 The impact fee shall be uniformly applied. 1.3 For the purposes of this Agreement, the term "new development" shall mcan all proposed residential or non-residential development for which a building permit application is received after the effective date. The County shall have the solc authority to definc residential and non-residential development based on occupancy and usc classifications containcd in its building codes. The impact fee shall not bc imposed on redevelopment, reconstruction or rehabilitation for which a building permit 1S required when the owner or developer replaces but does not increase the numbcr of dwelling units in residential development or the gross square footage of floor area of non-residential development. If the gross square footage of floor area of non-residential development is expanded during reconstruction, rehabilitation or redevelopment, impact fees shall be calculated based on the additional square footage added during the expansion. 1.4 Pursuant to C.R.S. $8 29-20-104.5(2)b) and (3), the County shall confer with the District and the owner or developer of a new development to assess and determine whether the legislatively adopted impact fee should be imposed. No impact fee shall be charged to an individual landowner to fund expenditures for a capital facility used by the District if the 2 4874-8275-0002, v. 3 landowners is already required to pay an impact fee or other similar development charge for another capital facility used to provide a similar fire, rescue and emergency service or if the landowner has voluntarily contributed money for such a capital facility. 1.5 Pursuant to C.R.S. $ 29-20-104.5(5) the Counly may waive any portion of such fee on the development of low- or moderate-income housing or affordable employce housing as defined by the County in its sole discretion. 1.6 Nothing contained herein shall affect any impact or development tees imposed pursuant to any other agrecment. 1.7 No individual landowner shall be required by the County to provide any site specific dedication of land or improvement to meet the same nced for capital facilities for which the impact fee or other similar development charge is imposed. 1.8 No impact fee or other similar development charge shall be imposed by the County on any individual landowner to fund expenditures for a capital facility used to provide fire, rescue, and emergency services if (he landowner is alrcady tequired to pay an impact fee or other similar development charge for another capital facility used to provide a similar fire, rescue, and emergency service orifthel landowner has voluntarily contributedi moncy for such a capital facility. 2. COLLECTION OF IMPACTI FEES. Pursuant to C.R.S. $ 29-20-104.5(6), the payment and collection of the impact fee shall be deferred by the County until such time as application is made for the building permit. The County agrees to withhold the issuance of the building permil for such structure or building until the impact fee is paid in full by the applicant for that particular structure or building. The County shall collect the impact fee directly from the applicant. for the building permil and provide the applicant with proof of payment. Impact fees collected by the County will be remitted to the District on a monthly basis, less a three percent (3%) administrative fee to be retained by the County. If an impact fee is not paid, is underpaid or is overpaid for any reason, the underpaymment or overpayment shall be remedied as soon as possible after it is discovered. Any amounts overpaid by a fee payer shall be refunded to the fee payer within thirty (30) days afler the discovery oft thc overpayment. Any amounts not paid or underpaid by an applicant shall be paid by the fee paycr to the County within thirty (30) days after written notice is given to the applicant by the Counly of the amount duc. In the case of a nonpayment or underpayment, the County shall not issue any additional permits or approvals for thc development project for which the impact fee was previously underpaid until such underpayment is corrected, and if amounts owed are not paid within such thirly (30) day period, the County may also, in its sole discretion, rescind any permits issued in reliance on the previous payment of such impact fcc. 3. UTILIZATION OF IMPACT FEES. The District agrces to comply with the terms ofall regulations duly adopted by the County in Chapter 44 ofthc La Plata County Code regarding the utilization, deposit, restrictions on use and refund of the impact fees. Furthermore, all impact fees paid to the District pursuant to this Agrecment shall bc scparately 3 4874-8275-0002, v.3 accounted for and shall not be deposited into thc District's goncral fund. Such impact fees shall be utilized by the District solely for the purposes of defraying the projected impacts on capital facilitics (as the term "capital facility" 1S defined by C.R.S. $ 29-20-104.5(4) caused by new development. Such fees shall be treated as land development charges subject to the requirements ofC.R.S. $ 29-1-803 On or before January 31st ofeach year, the District shall provide the County with an annual accounting of how impact fees paid to the District are being maintained or disbursed, and specifically listing disbursements made for thc prior calendar ycar. Further, ifthe impact fees remitted to thc District are not cxpended within a reasonable amount of time, as determincd by thc County, the District will refund to the County the impact fees received. 4. AVAILABILITY OF DISTRICT ACCOUNTING RECORDS. District agrees to make available its accounting records and internal audits to the County (or to the County's designated consultants or agents) for veritication of compliance with the terms and conditions of this Agreement. 5. ADDITIONAL DOCUMENTS OR ACTION. The parties agree to execute any additional documents and to take any additional action necessary to carry out this Agreement. 6. BINDING EFFECT. This Agreement shall inure to the benefit of, and be binding upon, the parties, and their respective legal representatives, successors in office, and assigns. 7. INDEMNIFIFICATION AND LIABILITY; COSTS OF DEFENSE. 7.1 To the cxtent permitted by law, the District shall indemnify, defend and hold the County and its clccted officials, officers, agents and employees harmless from and against any and all claims or liability arising from the County's adoption or implementation oft the Impact Fees and the adoption or implementation of this Agreement. Specifically, this indemnification shall include, but not be limited to, any legal action by any party contesting the adoption or implementation ofthis Agreement or the Impact Fees. 7.2 Such indemnification by the District as provided in this Section 7 shall include all costs, attorneys' fees, expenses and liabilities incurred in the defense of any claim or any action or proceeding brought on any such claim; provided, however, nothing contained herein waives or is intended to waive any protections that may be applicable to the District or thc County under the Governmental Immunity Act, C.R.S. S 24-10-101 et seq., or any other rights, protcctions, immunitics, defcnscs or limitations on liability provided by law, and subject to any applicablc provisions of thc Colorado Constitution and applicable laws. 7.3 Separate from any obligation undertaken by the District under the foregoing indemnity provisions, and in recognition ofthe fact that the District receives all revenues generated by the County's imposition of an impact fee for fire protection, rescue, and emergency services, and in order to induce the County to impose the impact fee as requested by the District and to avoid imposing an undue burden on the County were it to have to bear any expense associated with any litigation resulting from the imposition of such impact fee, in the event the County is named as a party in any legal action challenging the: impact fee which County 4 4874-8275-0002, v.3 has adopted at District's request, the District hereby agrees to pay, on County's behalf, all costs of defending such suit by counsel selected by County. The County shall be consulted as to all significant decisions involved in thc action, and thc action shall not bc compromised or scttled without the consent ofthe County, which consent shall not be unreasonably withheld. Payment of any amount owing pursuant hereto shall be paid by the District within thirty (30) days of submission of an invoice by the County or other appropriate billing entity. 8. REVIEW. No less often than once every three (3) years, the District shall, at its sole cost, prepare and submit to the County an updated impact fee study. The updated study shall include an updated Capital Improvements Plan (CIP) and an impact fee analysis update to ensure that the impact fee is ticd to a current CIP, is bascd on updated growth trends and projections, and is adequate to C defray the reasonable impacts of proposed development on the District' s existing capital facilities. 9. TERM. The term of this Agreement shall commence upon execution of this Agreement and shall continue until the terminated by mutual agreement of the parties; provided, however, either party may terminate this Agreement upon giving at Icast thirty (30) days' written noticc of such intent to terminate to the other party. Termination shall be effective immcdiately upon compliance with cither ofthe foregoing methods oft termination. This Agreement is also subject to annual appropriation by either party of sufficient funds necessary to carry out the obligations of the party. 10. FINANCIAL OBLIGATIONS. This Agreement shall not be deemed a pledge of the credit ofthe County or the District, or a collection of payment guarantee by the County to the District. Nothing in this Agrcement shall bc construcd to crcate a multiplc-fiscal year direct or indircct dcbt or finançial obligation. It is the intent of the parties that thc collcction oft these fees constitutcs a "collcction for another government" under Article X, S 20(2)(c) and therefore such fccs arc not to bc included in the County's fiscal year spending. 11. NOTICE. Any notice required by this Agreement shall be in writing. Ifsuch notice is hand delivered or personally served, it shall be effective immediately upon such delivery or service. Ifgiven by mail, it shall be certified with return receipt requested and addressed to the following addresses: Board of County Commissioners 1101 East Second Avenue, Durango, CO 81301 With a copy to: La Plata County Attorney 1060 East Sccond Avenuc, Suite 140, Durango, CO 81301 Durango Fire Protection District 142 Sheppard Drive, Durango, Colorado 81303 With a copy to: Attorney for District Floyd L. Smith, 48 CR 250, Suite 5, Durango, Colorado 81301 5 4874-8275-0002, v. 3 Notices mailed as set forth in this section shall be deemed delivered five (5) days after mailing. The parties may update and amend the addresses set forth in this Agreement by written notice. 12. MISCELLANEOUS PROVISIONS. 12.1 This Agreement shall be interpreted and construed in accordance with Colorado law. Venue for any proceeding shall be in La Plata County, Colorado. 12.2 No modification, amendment or waiver ofthis Agreement or any covenant, condition or provision contained herein shall be valid unless in writing and duly executed by all partics. 12.3 This wrilten Agreement embodies the whole Agreement betwecn thc partics and there are no inducements, promises, terms, conditions or other obligations made or entered into by the parties other than those contained herein. 12.4 This Agrccment shall bc binding upon the parties hereto, the respective successors or assigns, and may not bc assigned by any party without the express written consent ofthe other party. 12.5 All terms contained in this Agreement are severable and in the event that any of them shall be held invalid by a court of competent jurisdiction, this Agreement shall be interpreted as if such invalid term or condition is not contained herein. 12.6 The signatories to this Agreement affirm and warrant that they are fully authorized to enter into and execute this Agreement, and all necessary actions, notices mcctings and or hcarings pursuant to any law required to authorize their execution of this Agrcement have bccn madc. 12.7 This Agrccment docs not and shall not bc deemed to confer upon or grant to any third party any right cnforceablc at law or cquity arising out of any term, covenant or condition herein or the breach thereof. 12.8 This Agreement may be execuled in several counterparts and, as so cxecutcd, shall constitute one Agreement. Faxed and emailed copies of signature pages shall be biding as originals. 12.9 Captions are set forth only for convenience and reference and are not intended, nor shall they be deemed, to define, limit or describe the scope or intent ofthis Agreement. REST OF PAGE LEFT INTENTIONALLY BLANK 6 4874-8275-0002, V. 3 IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED THIS AGREEMENT TO BE EFFECTIVE AS OF THE DATE FIRST WRITTEN ABOVE. BOARD OF COUNTY COMMISSIONERS OF LA PLATA COUNTY, COLORADO By: Mact Arlle Matt Salka, Chair 1 - A Attest: Ahnalh * 2 SEA > < Clerk to the Board Lo MDyic DURANGO FIRE PROTECTION DISTRICT By: President Attest: Secretary 7 4874-8275-0002, v. 3 DURANGO FIRE PROTECTION DISTRICT IMPACT FEE SUPPORT STUDY AUGUST 2022 Prepared for the Durango Fire Protection District RPI Consulting LLC Durango, Colorado RPI consulting TABLE OF CONTENTS Table of Contents 2 Introduction 3 Methodology 4 Summary of Findings 5 Residential and Non-Residential Demand Units 6 Proportionate Share 9 Entire Capital Improvement Plan 10 Impact Fee Capital Improvements Plan 13 DFPD Impact Fee 15 Fee Maintenance and Administration 16 List of Figures Figure 1. DFPD Boundaries and City of Durango 3 Figure 2. Existing Residential and Non-Residential Demand Units La Plata and San. Juan County Assessors 6 Figure 3. Residential and Non-Residential Growth and Future Demand Projections 7 Figure 4. 2015-2020 Call Data by Land Use Type DFPD Call Data 9 Figure 5. Call Data and Proportionate Share DFPD Call Data 10 Figure 6. Entire CIP Summary 12 List ofTables Table 1. Call' Volume and Growth - DFPD, Colorado Department of Local Affairs 2011-2020 Table 2. Entire Station Capital Improvements Plan 11 Table 3. Entire Capital Improvements Rolling Stock Plan 12 Table 4. Tier 1 Adjusted CIP 13 Table 5. impact Fee CIP 14 Table 6. Impact Fee Structure 15 Table 7. Durango Fire Protection District Impact Fee Schedule 15 2 NTRODUCTION The Durango Fire Protection District (DFPD) provides fire protection, emergency medical service (EMS), hazardous material mitigation, prevention, and public education. The DFPD boundaries encompass the City of Durango and the surrounding unincorporated lands and extends along US Highway 550 and the Animas Valley from the New Mexico State line northward to the southern portion of San Juan County. As development in DFPD boundaries occurs, demand for fire protection services increases, ultimately necessitating a proportionate capital investment in district stations, support facilities and rolling stock. This report summarizes the steps for calculating the district-wide impact fee schedule that represents future development' fair share of the cost of capital facilities needed to provide fire protection district services that will accommodate future growth. The impact fees are not calculated to remedy any deficiency in capital facilities that currently exists. Figure 1. DFPD Boundaries and City of Durango a 3 METHODOLOGY Demand Units - Demand for DFPD services is generated by housing units, businesses and institutions. Demand units are expressed as existing and projected residential units and non-residential square footage summarized as 1,000s of square feet of floor area). The need for a fire district impact fee on development arises from an increase in demand for services (measured in service calls) that is roughly proportionate to the growth in additional housing units and non-residential floor area. Proportionate Share - Capital costs are assigned proportionately to the demand generated by the residential and non-residential development sectors. The proportionate share calculation apportions demand according to DFPD call data sorted by the type of land use from which the call originated. Calls for traffic accidents and other traffic related incidents were assigned to the residential and non- residential sectors according to the traffic generated by each sector within the district boundaries. Capital Improvement Plan = A district prepared capital improvement plan (CIP) provides the cost basis for the impact fee. The CIP is composed of future station and support facility improvements and future rolling stock purchases, CIP components are divided into three tiers based on the type of capital investment and on when the capital improvements will be needed. To calculate the impact fee, the "Entire CIP" is reduced to the "Impact Fee CIP" which is composed of future capital costs that are solely attributable to future residential and non-residential development. Fee Schedule - The final fee schedule incorporates the CIP, proportionate share, and demand unit projections to calculate the per residential unit and per non-residential square foot impact fee. The fee schedule reflects only those fees necessary to defray the cost of capital projects required to facilitate service for new growth. The fees do not reflect any capital costs to compensate for existing capital needs. Capital projects associated with existing demand are funded through revenue streams separate from the impact fee program. 4 SUMMARY OF FINDINGS Historic Growth: Between 2002 and 2021, the Durango Fire Protection District (DFPD) boundaries gained an average of 296 residential units per year and 161,000 square feet of non-residential development per year. Projected Growth and Demand for DFPD Services: A linear projection of these past growth trends shows that over a 20-year planning period the DFPD can expect to gain an additional 5,920 residential units and 3,220,000 square feet of non-residential development. Over a 30-year planning period the DFPD can expect to gain an additional 8,880 residential units and 4,830,000 square feet of non- residential development. Between 2011 and 2020 DFPD's call volume increased from 3,578 to 5,481. Call volumes are increasing at roughly the same rate the district is growing because a growing population and increased commercial activity drives demand for DFPD services. Proportionate Share: DFPD call data shows that residential development generates 49% of demand for DFPD service and non-residential development generates 51% of demand for DFPD service. Capital improvement Plan: DFPD's capital improvements plan categorizes station improvements and vehicle purchases into three tiers based on type and timing. Tier 1 (occurring in 0-5 years) is composed of $23.7 million in capital projects, tier 2 (occurring in 5-10 years) includes $17.2 million in capital improvements and tier 3 (timeframe greater than 10 years) includes $46.4 million in capital costs. The Entire CIP includes $104 million in planned capital costs. The $104 million Entire CIP is reduced to the $20.3 million Impact Fee CIP that isolates future capital costs solely attributable to demand from future residential and non-residential development. Authority: Impact fees for fire protection and emergency services are authorized by statute. As required by C.R.S. 29-20-104.5, this study quantifies the reasonable impacts of future development on existing capital facilities and establishes an impact fee at a level which is not more than required to defray the impacts attributable to future development. Impact Fee: The district wide impact fee for a new residential unit is $1,317 and $2.321 per non- residential square foot of floor area or $2,321 per 1,000 square feet of non-residential floor area. 5 RESIDENTIAL AND NON-RESIDENTIAL DEMAND UNITS The district encompasses three, jurisdictions: City of Durango, and portions of La Plata County and San Juan County. The La Plata County and San Juan County Assessor's databases are the most complete and accurate data sources for establishing a current inventory and growth rate for residential units and non- residential square footage in the district. The county assessor databases detail the number of residential units and the size and type of commercial structures located on each parcel or lot throughout the district. Additionally, the assessor databases contain the 'year built' of each structure for calculating growth rates for each development type. Residential Demand Units Forty-seven percent (47%) of the district's total residential demand units are concentrated in the City of Durango, while the remaining 53% are dispersed throughout the unincorporated areas of the district. Non-Residential Demand Units The district includes a significant inventory of non-residential development. Eighty-three percent (83%) or 10,068,000 sq. ft. of non-residential floor area is located in the City of Durango. The remaining 17% of non-residential floor area (2,065,000 sq. ft.) is in the unincorporated areas of the district. In total, there are 20,041 residential units and 12,134,000 sq. ft. of non residential floor areas in the Durango Fire Protection District. Figure 2. Existing Residential and Non-Residential Demand Units - La Plata and San Juan County Assessors 25,00 20,041 20,000 15,000 12,134 10,068 10,627 10,00n 9,414 5,000 2,065 0 Citv of Durango Unincorporated. Arcas All DFF PD Service. Area Residential Inits ar Non- Residential 1000s Sq. Ft. 6 Growth Trends According to analysis of county assessor data, 161,000 sq. ft. of non-residential floor area and 296 residential units were constructed on average per year over a 20-year period from 2002 through 2021. The past twenty years have included multiple economiç cycles including growth periods and recessions. Assuming that historic growth rates will continue, there will be an additional 5,920 residentlal units bullt and 3,220,000 sq. ft. of non-residential floor area built during the next 20 years in the fire district. Over a 30-year period, growth projections call for an additional 8,880 residential units and 4,830,000 sq. ft. of non-residential floor area. Figure 3. Residential and Non-Residential Growth and Future Demand Projections Residential 1 1. 5% annual growth Non-residential - 1.3% annualgrowth 8,880 : 20 Years of Average Growth 350 296 : 30 Vears of Average Growth 3001 5,920 250 4,830 200 161 150 3,220 100 50 0 Average Residential Units Built Average Non-Residential (1,000s per Year 2002-2021 of sf) Built per Year 2002-2021 Future Growth Future Growth Non- Residential Units Residential Units Fire District Service Call Volume and Growth Trends Residential and non-residential structures and the activity that structures and their occupants generate largely drive demand for district services. The district experlenced an Increase In the total number of calls received as population and employment grew in La Plata County. New residential units accommodate population growth and new non-residential structures accommodate employment growth. This observable relationship between growth, development and the increasing demand for fire protection district services demonstrates the need for an impact fee that assigns future growth its fair share of the district's capital costs. The portion of capital costs to be funded with impact fees represents the growth-related capital costs not the costs needed to remedy any existing deficiencies. 7 Table 1. Call Volume and Growth - DFPD, Colorado Department of Local Affairs 2011-2020 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 Call Volume 3,578 3,836 4,134 4,409 4,702 4,977 5,251 5,394 5,404 5,481 Durango 16,959 17,188 17,525 17,569 17,889 18,198 18,262 18,860 18,934 19,078 Population Unincorporated 31,735 31,956 32,390 32,693 33,058 33,260 33,248 33,286 32,959 32,882 Population La Plata County Employment 31,335 31,856 32,616 33,052 33,921 34,875 35,008 35,213 35,061 32,892 8 PROPORTIONATE SHARE Residential and non-residential land uses each generate a quantiflable share of the demand for district services. The proportionate share calculation apportions the demand for service to the residential and non-residential sectors. Figure 4. 2015-2020 Call Data by Land Use Type - DFPD Call Data Va NoniAttribur Residential 5% 38% Non-Residentia) 39% "Residential Non Residential aI Non-Attributable Streets and Driveways The type of call determines whether it gets assigned to the residential or non-residential land uses. Calls assigned to residential land uses include calls to single family and multi-family residences. Calls assigned to non-residential land uses include calls to commercial, health care facllities, government, churches, schools, and a portion of calls to highways, streets and driveways. Calls for service on highways, streets, and driveways were assigned to residential and non-residential land uses according to the total volume of traffic generated by each in the district. External influences such as calls for service on agricultural or public land, and undetermined calls are not directly attributable to development and are not Included in thei impact fee. The proportionate share analysis shows that residential units generate 49% of demand for district service and non-residential land uses generate 51% of demand for district service. 9 Figure 5. Proportionate Share - DFPD Call Data Residential,49%. Non-Residentalsiw ENTIRE CAPITAL MPROVEMENT PLAN In order to maintain its level of service, the district conducts careful capital improvements planning. The district uses a three-tiered classification system for capital needs. The Entire Capital Improvement Plan (CIP) is composed of station improvements and rolling stock purchases. This section displays the entire CIP for the district. The next section of the report (Impact Fee CIP) calculates the portion of the capital improvements plan that is attributable to future residential and non-residential development in the district. TIER 1 Tler 1 is composed of near-term station improvements, station expansion, new: stations, support facility construction and rolling stock purchases. Tier 1 capital projects are expected to occur within the next 5 years and are expected to last for 20 years. Station costs for this tier are based on construction costs prepared by the district. Tier 1 station projects include reconsructon/relocation of Stations 4 and 7 and the construction of a new station in Three Springs. Tier 1 rolling stock costs are based on district estimates of current prices for engines, structural engines, water tenders, ambulance and rescue vehicles, ladder trucks, brush trucks, staff vehicles, and trailers. TIER 2 Tler 2 is composed of projects expected to occur in the next 5 to 10 years. Tier 2 relies on a 30-year planning horizon because the projects are expected to occur in the next 5 to 10 years, meaning thelr 10 useful life will likely end 30 years from implementation of thei impact fee, Station costs and rolling stock costs are estimates developed by the district. As with capital projects in Tier 1, Tier 2 capital projects have an assumed useful life of 20 years once implemented. Tier 2 station projects include redevelopment of Stations 8 and 16, and expansion and redevelopment of Station 12, Glacier Club, sO that the new Station 12 also replaces Station 14. The consolidation of existing stations 12 and 14 into a new Station 12 that is relocated to the Glacier Club area will provide better overall service coverage of that portion of the Animas Valley. TIER 3 Tier 3 includes long-term capital needs and are tied to a 30-year planning horizon. Tier 3 station values are based on the current insured value and rolling stock costs are based on values determined by DFPD and DFPD's insurance company. Table 2. Entire Station Capital Improvements Plan Station Replacement Priority Revised Cost Station 1 Tier 3 $11,000,000 Station 2 Existing need, not included in fee $16,500,000 Station 3 Tier 3 $5,885,000 Station 4 Tier 1 $3,400,000 Station 5 Tier 3 $3,400,000 Station 6 Tier 3 $3,400,000 Station 7 Tier 1 $6,600,000 Station 8 Tier 2 $3,400,000 Station 9 Tier 3 $1,620,000 Station 10 Tier 3 $1,620,000 Station 11 Tier 3 $3,400,000 Station 12 Tier 2 $3,400,000 Station 13 Tier 3 $1,620,000 Station 15 Tier 3 $5,500,000 Station 16 Tier 2 $3,400,000 Three Springs Tier 1 $6,600,000 TOTAL $80,745,000 11 Table 3. Entire Capital Improvements Rolling Stock Plan Tier 1 Tier 2 Tier 3 Total Structural Engines $2,650,000 $3,750,000 $3,000,000 $9,400,000 Water Tenders $700,000 $1,800,000 $1,250,000 $3,750,000 Ambulance and Rescues $750,000 $750,000 $1,090,000 $2,590,000 Ladder Trucks $2,200,000 $0 $1,100,000 $3,300,000 Brush Trucks $775,000 $500,000 $420,000 $1,695,000 Staff Vehicles and Trailers $65,000 $260,000 $2,194,500 $2,519,500 Total $7,140,000 $7,060,000 $9,054,500 $23,254,500 Tier 1 includes $23.7 million of capital costs, Tier 2 includes $17.2 million of capital costs and Tier 3 includes $46 million in capital costs. In total, the CIP contains $87 million worth of capital costs. Figure 6. Entire CIP Summary 100,000.000 30,002,000 $87,499,500 80,000,000 70,000,000 64,245,000 60,000.000 50,000,000 46,499,500 40,000,000 37,445,000 30,000,000 $23,254,500 $23,740,000 20,000,000 16,600,000 $7,060,000 ,260,000 ,200,00 10 $9,054,500 10,000,000 $7,140,000 n Buildings Vehlcles Total "Tier 1 Tier 2 - Tier3 Total 12 IMPACT FEE CAPITAL MPROVEMENTS PLAN The Entire CIP listed above includes more costs than those that are attributable to future growth. This section of the analysis isolates the portion of the district's capital improvements plan costs that are necessary to defray the impacts caused by new development. Tier 1 Adjusted CIP Terms of the intergovernmental agreement between DFPD and the City of Durango specify that $476,091 of the City's remaining annual payments to DFPD will be directed towards capital improvements. These dedicated funds have been deducted from Tier 1 capital improvements costs. Table 4. Tier 1 Adjusted CIP Full Tier 1 CIP $23,740,000 Projected City of Durango Payments for Tier 11 Improvements $476,091 Adjusted Tier 1 CIP $23,263,909 Impact Fee Capital Improvements Plan The Impact Fee Capital mprovements Plan represents the cost of capital mprovements attributed to demand generated by future residential and non-residential development in the district. To determine the Impact Fee CIP, the cost of capital improvements generated by future residential and non-residential development must be isolated out of the Entire CIP. The first step of calculating the impact fee CIP is to multiply the proportionate share by the entire CIP to allocate the demand between the residential and non-residential sectors açcording to service call volumes (see section entitled Proportionate Share). The product is then multiplied by the percent of the entire CIP cost attributable to future growth. The district determined that 23% of entire CIP costs are attributable to future residential growth fori tiers 1 (20-year horizon) and 3 (30-year horizon) and that 21% of the entire costs are attributable to future non-residential growth. Similarly, the district determined that 31% CIP tier 2 costs (30-year horizon) are attributable to future residential growth and 28% are attributable to non-residential growth. Calculation of the impact fee CIP is described by thei following equations for residential and non- residential development: residential impact fee CIP = (entire CIP cost by tier) x (residential proportionate share) x (% of entire CIP attributable to future residential growth by tier) non-residential impact fee CIP - (entire CIP cost by tier) x non-residential proportionate share) x (% of entire CIP attributable to future non residential growth by tier) 13 Table 5. Impact Fee CIP Future Residential % of CIP Attributable to Residential Demand Entire CIP Proportionate Future Residential Impact Fee CIP Residential Share Growth Tier 1 $23,263,909 49% 23% $2,599,436 Tier 2 $17,260,000 49% 31% $2,596,788 Tier 3 $46,499,500 49% 23% $5,195,707 Total $87,023,409 $10,391,931 Future Non-Residential % of CIP Attributable to Demand Entire CIP Proportionate Future Non-Residential Non-Residential Non- Share Growth Impact Fee CIP Residential Tier 1 $23,263,909 51% 21% $2,488,273 Tier 2 $17,260,000 51% 28% $2,506,338 Tier 3 $46,499,500 51% 21% $4,973,517 Total $87,023,409 $9,968,127 Note: Percentages in Table 5 are presented as rounded to nearest percent and do not show all of the decimal points utilized in the impact fee CIP calculations. 14 DFPD IMPACT FEE The impact fee is calculated by dividing the dollar amount of the Impact Fee CIP for each tier by the projected future residential dweiling units or projected non-residential floor area at the respective 20 or 30-year CIP planning horizons-when all CIP investments are projected to reach full capacity. The Impact Fee Structure (Table 6) shows the per residential dwelling unit and per 1,000 square feet of non-residential floor area costs for each CIP tier and the total impact fee per land use type for all three CIP tiers. Table 6. Impact Fee Structure Projected Residential Fee per Residential Future Demand Residential Impact Fee CIP Units Unit Tier 1 (20-Year Horizon) $2,599,436 5,920 $439 Tier 2 (30-Vear Horizon) $2,596,788 8,880 $292 Tier 3 (30-Year Horizon) $5,195,707 8,880 $585 Total $10,391,931 $1,317 Projected 1000s Sq. Ft. Future Demand Non- Non-Residential Floor Fee per 1,000 Sq. Ft. Residential Impact Fee CIP Area Floor Area Tier 1 (20-Year Horizon) $2,488,273 3,220 $773 Tier 2 (30-Year Horizon) $2,506,338 4,830 $519 Tier 3 (30-Year Horizon) $4,973,517 4,830 $1,030 Total $9.968,127 $2,321 Note: Dollars in Table 6 are presented as rounded to nearest dollar and do not show all of the decimal points utilized in thei impact fee calculations. The Durango Fire Protection District impact fee is $1,317 per residential unit and $2.321 per square foot of enclosed non-residential floor area or $2,321 per 1,000 square feet of enclosed non-residential floor area. Table 7. Durango Fire Protection District Impact Fee Schedule Residential (Residential Units) $1,317 Non-Residential (1000s Sq. Ft. Enclosed Floor Area) $2,321 Non-Residential (1 Sq. Ft. Enclosed Floor Area) $2.321 15 FEE MAINTENANCE AND ADMINISTRATION Revenue Accounting: All revenue received from the impact fees should be sequestered in interest bearing accounts and used for projects identified In the CIP contained in this study. Fee Updates: The consulting team recommends periodic updates and revisions to the impact fee. The impact fee should be updated every two years to account for inflation in construction costs and rolling stock purchases. McGraw Hill provides a reliable and industry appropriate construction inflation index and the Denver-Boulder CPI provides a reliable inflation factor for rolling stock. Inflation should be applied as an annual percentage increase to the impact fee to ensure that the impact fee reflects the real dollar capital costs. About every five to seven years, the district should update the CIP and conduct an impact fee support study update to ensure that the impact fee is tied to a current CIP, is based on updated growth trends and projections, and is adequate to cover future development's fair share of capital costs. 16 EXHIBIT B TO RESOLUTION 2022-19 CHAPTER 44. IMPACT FEES Division 1: Fire Impact Fee for Durango Fire Protection District Sec. 44-1. Purpose Sec. 44-2. Definitions Sec. 44-3. Applicability Sec. 44-4. Relationship to other requirements ofthe land use and building codes Sec. 44-5. Calculation of applicable impact fee Sec. 44-6. Collection ofimpact fee Sec. 44-7. Underpayment or overpayment of impact fee Sec. 44-8. Deposit of impact fees into a restricted account Sec. 44-.9 Refunds Sec. 44-10. Appeals Sec. 44-11. Interpretation, conflict, severability Sec. 44-12 through 44-19. Reserved. Sec. 44-1. Purpose. The fire impact fee is imposed on new development within the Durango Fire Protection District's service area for assuring that adequate fire protection, rescue and emergency services are available to support projected new growth and development. The impact fee is imposed on new development for the further purpose of assuring that the necessity for, and costs of capital facilities, identified in the district capital improvement plan are properly attributed to and paid for by new development proportional to the demand generated by such development. Sec. 44-2. Definitions. The following words, terms and phrases, when used in this division 1, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Accessory structure. For purposes of this division, a structure that is accessory to and incidental to that of a dwelling and that is located on the same lot. By way of example, but not limitation, an accessory structure would include an attached or detached garage. Applicant. Any person, firm, partnership, joint venture, association, corporation, limited liability company, government, group, entity or organization who applies for a building permit. Building. Any structure used or intended for supporting or sheltering any use of occupancy under the IRC or the IBC. District. The Durango Fire Protection District. District capital improvement plan. The list of capital facilities identified in the district impact fee study. District impact fee study. The written documentation dated August 2022 that demonstrates that the impact fees do not exceed the proportional fair share ofthe costs of capital facilities attributable to new development. This study may be amended from time to time by the district. District service area. For purposes ofthis division 1, the areas ofunincorporated La Plata County that are within the service boundaries of the district, as amended from time to time. The map included as Figure 44-2.1 is a general depiction of such area. However, a determination as to whether new development is within the district service area, shall be made by reference to the La Plata County Assessor's records pertaining to inclusion of real properties within the district pursuant to C.R.S. $ 32-1-401. Dwelling unit. A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. Fire impact fee schedule. The current fee schedule specifying the impact fees payable by new development, as adopted by resolution ofthe Board ofCounty Commissioners and revised thereafter pursuant to the requirements of this chapter, but, in any case, not exceeding the maximum fees calculated in the most recent district impact fee study. International building code or IBC. The International Building Code, as modified and adopted by the county in chapter 18 of the La Plata County Code. International residential code or IRC. The International Residential Code, as modified and adopted by the county in chapter 18 ofthe La Plata County Code. New development. Any proposed residential or non-residential building or structure for which a building permit application is required and received. Non-residentia development. New development subject to the IBC that is not otherwise included in the definition of residential development under this division. The term includes, but is not limited to, agricultural buildings that require a building permit. Residential development. (1) New development of dwelling units subject to the IRC; (2) new development classified for use and occupancy under the IBC as Residential Group R-2 for which there are more than two dwelling units where the occupants are primarily permanent in nature; or (3): new development classified for use and occupancy under the IBC as Residential Group R-3 for which there are dwelling units where the occupants are primarily permanent in nature. The term does not include accessory structures. Sec. 44-3. Applicability. I. New development. Unless otherwise exempted pursuant to section 44-3(II), from and after the effective date of adoption of this division 1, fire impact fees shall be imposed on all new development in the unincorporated area of the county within the district service area, at the time of building permit issuance. 2 4811-9590-5355, V. 9 A request for an exemption must be made in writing to the community development department and included with the county building permit application. The request for an exemption shall include any relevant supporting documentation. The community development department may request further documentation to make a determination on the request. The community development department shall state its determination in writing whether the exemption is granted or denied. Ifthe exemption is denied, the reasons for denial shall be provided in the written determination. II. Exempt development. The fire impact fees shall not be imposed on the following development: A. Redevelopment, reconstruction or rehabilitation for which a building permit is required when the owner or developer replaçes, but does not increase, the number of dwelling units in a residential development or the gross square footage of floor area of non-residential development. B. Ifthe number of dwelling units in residential redevelopment, reconstruction or rehabilitation increases or gross square footage of enclosed floor area of non- residential development is expanded during reconstruction, rehabilitation or redevelopment, impact fees shall be calculated based on the number of increased dwelling units or additional square footage added during the expansion. C. Dwelling units deemed to be qualified low- or moderate-income housing or affordable employee housing units under this division 1, as evidenced through participation in one of the following affordablelattainable housing programs: 1. The county's revolving loan fund; 2. The City of Durango' s Fair Share Program; 3. Habitat for Humanity's home construction and sale program; 4. The USDA Rural Development Mutual Self-Help Housing Program; 5. The federal Low-Income Housing Tax Credit (LIHTC) program; 6. The Housing and Urban Development (HUD) Section 202 Supportive Housing for the Elderly program; 7. The HUD Section 811 Supportive Housing for Persons with Disabilities program; 8. Any affordable or attainable housing program approved by the Colorado Department ofLocal Affairs, Division of Local Housing; 9. Any affordable or attainable housing program approved by the Colorado Middle- Income Housing Authority; 10. Any affordable or attainable housing program approved by the Colorado Housing Finance Authority (CHFA) to provide affordable housing, including but not limited to affordable housing tax credits and the Middle-Income Access program (MIAP); 11. Any existing county workforce housing program agreement, 12. Any affordable or attainable housing program which La Plata Homes Fund, the Regional Housing Alliance or La Plata County, Housing Solutions of Southwest Colorado, or their respective successors in interest, certifies that such program has 3 4811-9590-5355, V. 9 adequate procedures that limit the sales and rental costs of homes and verify the incomes of the occupants. Sec. 44-4. Relationship to other requirements ofthe land use and building codes. The fire impact fee requirement shall not affect, in any manner, the permissible uses of property, the density/intensity of development, applicable design and improvement standards, the subdivision of land or any other applicable standards, requirements or conditions imposed by the county code, which requirements shall remain in full force and effect without limitation with respect to new development. The fire impact fee requirement is in addition and supplemental to, and not in substitution of, any other requirements imposed by the county on new development or applicable to the issuance of a building permit for new development; provided, however, that if pursuant to any other provision of the county code, the developer has been or is being required to construct or pay other fees or assessments for fire protection, rescue or emergency services, such developer may be eligible for a credit, as set forth in section 44-5(III) herein. Sec. 44-5. Calculation of applicable impact fee. I. Fire impact fee schedule. The current fire impact fee schedule adopted by the Board of County Commissioners is as follows: Type of New Development Impact Fee Residential Development $1,317 per dwelling unit Non-Residential Development $2.321 per gross sq. ft. of enclosed floor area II. Base fee calculation. Upon receipt of an application for a building permit, the community development department shall determine the following: A. The type of building use and occupancy proposed; B. Ifresidential development is proposed, the number of dwelling units; C. Ifa non-residential use is proposed, the gross square footage of enclosed floor area of such non-residential development. After making these determinations, the community development department shall determine the base impact fee by multiplying the number of dwelling units and/or the gross square footage of floor area by the applicable listing in the impact fee schedule adopted the Board of County Commissioners, as revised thereafter pursuant to the requirements ofthis chapter. III. Additional calculation considerations. A. Ifthe type of new development proposed has multiple principal uses, as opposed to secondary or accessory uses commonly associated with a principal use, each identified principal use shall be subject to a separate impact fee calculation, unless the 4 4811-9590-5355, V. 9 applicant can document that the effect of the multiple uses is to reduce the number of fire and emergency service call generated by each individual principal use. B. If the type of new development is a qualifying home business, as defined the La Plata County Land Use Code, the gross square footage of floor area of the portion devoted to the non-residential development shall be calculated and this portion shall be the sole amount due for payment of the fire impact fee. C. All impact fee calculations shall be based upon the fee schedule adopted by county resolution and in effect at the time oft building permit application. IV. Eligibility, for credits. Credits against the base impact fee calculated to be due from a new development pursuant to subsections I and II above shall be made to avoid over-charging an applicant when any one or more of the following circumstances exist: A. A landowner or developer is already required to pay an impact fee or other similar development charge for another capital facility used to provide a similar fire, rescue, and emergency service, whether by agreement or otherwise B. A landowner or developer has voluntarily contributed money or in-kind assets for such a capital facility. V. Equitable apportionment of credit. Credits shall be equitably assigned to properties for which development fees, funds or assets were provided. VI. Application for credits. Applications for credits shall be made by the applicant at or before the time of building permit application on a credit application/calculation form provided by the community development department. The application form shall be completed and shall be accompanied by appropriate documentary evidence demonstrating the eligibility of the applicant for the credit. The community development department shall verify the eligibility for, and the amount of, the credit due. The credit shall be applied against the base impact fee; provided, however, that in no event shall the credit exceed the amount of the base impact fee otherwise calculated to be due pursuant to this section. VII. Calculation ofcredits. In calculating the credit due to the applicant, the applicant shall provide sufficient documentation to the community development department to verify the amount of the fee paid or costs incurred by the applicant or developer for the capital facility identified in the district capital improvement plan. The credit shall be the sum of the applicant's expenditures for a capital improvement identified in the district capital improvement plan. Sec. 44-6. Collection ofimpact fee. I. Time ofc collection. The county shall collect the impact fee due at the time ofi issuance of a building permit, unless: (1) the applicant is determined to be entitled to a full credit; or (2) the applicant appeals the community development department' S determination ofthe impact fee due pursuant to section 44-10 and a bond or other surety in a form acceptable 5 4811-9590-5355, v. 9 to the community development department and in the amount of the proposed impact fee, as determined by the community development department, is posted with the county. II. Amount to be collected. The amount of the impact fee to be collected shall be the amount determined to be due pursuant to section 44-5. Sec. 44-7. Underpayment or overpayment of impact fee. Ifa an impact fee is not paid, is underpaid, or is overpaid for any reason, the underpayment or overpayment shall be remedied as soon as possible after it is discovered. Any amounts overpaid by a fee payer shall be refunded to the fee payer within thirty (30) days after the discovery ofthe overpayment. Any amounts not paid or underpaid by an applicant shall be paid to the community development department within thirty (30) days after written notice is given to the applicant ofthe amount due. In the case of a nonpayment or underpayment, the county shall not issue any additional permits or approvals for the development project for which the impact fee was previously underpaid until such underpayment or nonpayment is corrected. Sec, 44-8. Deposit of impact fees into a restricted account. I. Establishment of accounts. Impact fee funds collected shall be deposited in an interest- bearing account which clearly identifies the purpose for which the fee was imposed. All interest earned or money deposited to the account shall be credited to and shall be considered funds ofthe account. The county and district shall establish appropriate accounting procedures and controls to ensure that the impact fee funds are properly deposited, accounted for and appropriated in accordance with the requirements of this chapter and other legal requirements applicable to impact fees. II. Appropriation ofimpact fee funds; restrictions. A. Impact fee funds may only be appropriated for capital facilities identified in the district capital improvement plan as amended in updates to the district impact fee study, or for the payment of principal, interest and other financing costs on contracts, bonds, notes or other obligations issued by or on behalf of the district to finance such costs for such capital facilities. B. The district may enter an agreement with the City of Durango to use impact fees collected from new development in the unincorporated areas of La Plata County to fund, wholly or partially, eligible major capital facilities identified in the district capital improvement plan and located within the City of Durango. C. Impact fees shall be appropriated and contractually committed for expenditure by the district within ten (10) years of the beginning oft the calendar year immediately succeeding the date of impact fee collection, unless such period is extended. Upon request of the district, an extension may be approved by the county if the appropriation is for a capital facility improvement listed in the district capital improvement plan that requires more than ten (10) years to plan, design and construct and the demand for such capital facility improvement is generated in whole or in part 6 4811-9590-5355, V. 9 by the new development or will serve the development. Impact fee funds will be deemed to be appropriated in the order they were received. D. Impact fees may not be appropriated or used for personnel, operations, maintenance or repair of capital facilities. Sec. 44-9. Refunds. I. Eligibility for refund. Refunds may be requested by an applicant who paid the impact fee in the following circumstances: A. The building permit upon which the impact fee was imposed, calculated and collected expired or was revoked prior to the commencement of construction or use and a new building permit will be needed to develop the property; B. The district failed to expend the impact fees paid by the applicant in compliance with the timing or other applicable requirements of section 44-8; C. The applicant amends its building permit to reduce the number of dwelling units or the gross square footage of non-residential floor space after the building permit is issued and after the impact fee is paid; provided, that the impact fee has not already been appropriated and contractually committed for expenditure by the District. D. The new development obtains a certificate of occupancy from the community development department for one (1) or more dwelling units deemed to be low- or moderate-income housing or affordable employee housing units under this division 1, as evidenced through participation in one oft the following programs: 1. The county's revolving loan fund; 2. The City of Durango's Fair Share Program; 3. Habitat for Humanity's home construction and sale program; 4. The USDA Rural Development Mutual Self-Help Housing Program; 5. The federal Low-Income Housing Tax Credit (LIHTC) program; 6. The Housing and Urban Development (HUD) Section 202 Supportive Housing for the Elderly program; 7. The HUD Section 811 Supportive Housing for Persons with Disabilities program; 8. Any affordable or attainable housing program approved by the Colorado Department ofLocal Affairs, Division of Local Housing; 9. Any affordable or attainable housing program approved by the Colorado Middle- Income Housing Authority; 10. Any affordable or attainable housing program approved by the Colorado Housing Finance Authority (CHFA) to provide affordable housing, including but not limited to affordable housing tax credits and the Middle-Income Access program (MIAP); 11. Any existing county workforce housing program agreement; 12. Any affordable or attainable housing program which La Plata Homes Fund, the Regional Housing Alliance or La Plata County, Housing Solutions of Southwest 7 4811-9590-5355, v. 9 Colorado, or their respective successors in interest, certifies that such program has adequate procedures that limit the sales and rental costs of homes and verify the incomes oft the occupants. II. Procedure for making refunds. All requests for refunds shall be made by the then-current owner ofthe property on a refund application form provided by the community development department . The applicant shall be required to submit the following information: a title report reflecting that the applicant is the current owner oft the property; evidence that an impact fee was paid (i.e., a receipt or comparable evidence); and evidence that one (1) oft the circumstances set forth in section 44-9(I) has occurred. The community development department shall review the refund application form and the documentary evidence submitted and, within thirty (30) days following receipt of a completed refund application form, make a determination of whether a refund is due. The determination ofthe community development department shall be in writing and shall state the reasons for the determination. Refunds may be authorized by direct payment to the applicant or by other appropriate means. In the event fees become refundable due to the district's failure to expend impact fees in compliance with the timing or other applicable requirements of section 44-8, the district shall cause a notice of the availability ofs such refund to be published in a newspaper of general circulation within the county and such notice shall be prominent and published in a section of the newspaper other than the section reserved for legal advertisements or notices. III. Timing ofrequests for refunds. Applications for refunds shall be considered only if made within the time frames established herein. Cause of Refund Time Limit for Request of Refund (1). Expiration or revocation of Within sixty (60) days following expiration building permit or revocation (2). Failure of the district to timely Within one (1) year following the expiration expend impact fee funds of the time limit established in section 44-8 (3). Reduction in development Within sixty (60) days after amendment of building permit (4) Participation in affordable Within sixty (60) days after issuance of the housing program certifiçate of occupancy IV. Interest on refunds. In the event impact fee funds are refunded because of the failure of the district to expend impact fee funds within the time limit established pursuant to section 44-8, such refund shall include interest. Refunds under any other circumstances shall include interest only if the funds were paid to the county more than one (1) year before the refund is requested. Any interest payable shall be at a rate equivalent to the net average annual yield received by the county or district during the period such funds were held. Sec. 44-10. Appeals. I. A fee payer affected by an administrative decision ofthe community development department made pursuant to this division 1 may appeal such decision to the Board of 8 4811-9590-5355, V. 9 County Commissioners, by filing with the community development department within ten (10) days of the date of the decision a written notice stating and specifying the grounds of the appeal. Administrative decisions include determinations by the community development department ofthe following: amount ofimpact fees, credits against impact fees, and refund of impact fees. The county shall place the appeal on the Board of County Commissioner's agenda for the next regularly scheduled business meeting. The Board may continue any hearing on an appeal for a period of no more than thirty (30) days, unless the applicant agrees in writing to a further extension of such hearing. II: The Board ofCounty Commissioners shall hear all evidence de novo at a public hearing. The Board shall consider evidence from the applicant, community development department, and any other person, including the district, that it deems would assist it in making a determination and shall have the power to affirm or reverse the department's decision. In making its decision, the Board shall make written findings of fact and conclusions of law and apply the standards set forth in this chapter for the administrative decision being appealed. Ifthe Board of County Commissioners reverses the community development department' S administrative decision, it shall direct the appropriate county staff to amend the decision in accordance with its findings. In no case shall the Board of County Commissioners have the authority to negotiate the amount of the fee. The decision of the Board of County Commissioners shall be final and not subject to further administrative appeal. Sec, 44-11. Interpretation, conflict, severability. I. Liberal construction. The provisions of this chapter shall be liberally construed to effectively carry out its purposes which are hereby found and declared to be in furtherance oft the public health, safety, welfare and convenience. II. Conflict. To the extent ofa any conflict between other provisions found in other chapters of the county Code and this chapter, the provisions of this chapter shall be deemed to be controlling with respect to impact fees; provided, however, that unless expressly provided herein, this chapter is not intended to amend or repeal any existing county ordinance or regulation, which shall continue in full force and effect after the passage, approval and publication ofthis chapter. III. Severability. If any article, section, subsection, sentence, clause, phrase or portion of this chapter is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such article, section, subsection, sentence, clause phrase or portion of this chapter shall be deemed to be a separate, distinct and independent provision and such holding shall not affect the validity oft the remaining provisions of this chapter nor impair or nullify the remainder of this chapter which shall continue in full force and effect. IV. Ift the application of any provision oft this chapter to any person, applicant or new development is declared, for any reason, to be invalid by a court of competent jurisdiction, the intent oft the Board of County Commissioners is that such decision shall be limited to that particular circumstance immediately involved in the controversy, action 9 4811-9590-5355, V. 9 or proceeding in which such decision ofinvalidity was rendered. Such decision shall not affect, impair or nullify this chapter as a whole or the application of any provision of this chapter to any other person, applicant or new development. Sec. 44-12 through Sec. 44-19 reserved] 10 4811-9590-5355, V. 9 11/17/22, 10:15 AM San Juan County Mail Updated Lodging Tax Map 2022 Election Results Gmail Willy Tookey Updated Lodging Tax Map - 2022 Election Results 3r messages Gini Pingenot gpnyenor@conimeor Mon, Nov 14, 2022 at 12:36 PM To: "Liz Smith - Gunnison EKSmith@gunnisoncounty.org)" , "Tamara Pogue (amarapogue@summicounyco.gow damarapogue@summitcounycogov, ymami@eeacrecunyer gmarlin@clearcreekcounty.us, maticheir@eagecounyur , hilaryc@sanmiguelcountyco.goy hlaryc@sanmiguelcountyco.gov>, houck@gunnisoncounty.org" Poucpumoncounyoy, elsabelnlawrence@summitcounycogor alsabelnlswrence@summicounycogow, clyde.church@co.laplata.co.us' , Moaker@ehaifecounyog sbaer@chafecunyop. marshaporernoronecolapala.co.us marshaponernonon@co.apata.co.us>, "Floyd Cook - Dolores County loyd.cook@tone.net)" loyd.cook@ionenel, dedolocnly@ione.ner , sanuarcounyeronerner , Roland Mason , Sandy Hollingsworth Mon, Nov 14, 2022 at 12:45 PM To: Gini Pingenot gpryenot@econineo, "Liz Smith - Gunnison EKsmamdyumonoaunyor , matiscler@reagecounyur , hlaryc@sanmiguelcountyco.goy , Pouc@pumsomounyoy Pou@gmomcunyoy. elsabeln.lawrence@summicounycogor selsabehlawrene@summitcoumtycogow, clyde.church@co.aplata.co.us clyde.church@co.laplata.co.us>, Visd@ourycoumyeogor idourypcunycogo, camppelr@co.teller.co.us" campbalrgcolelercous, delsner@parkco.us" delsner@parkco.us>, Mbalier@chafecoumyoy spalerchafecounyoy. marshaponer-nortonon@colaplala.co.us marhaponer-norongcolplata.cous, "Floyd Cook - Dolores County (loyd.cook@lone.ney toydl.coo@lone.nel, dedoloenty@lone.ner dcdoloemy@lonene, sanuarcoumygronterner , "Austin Lashley San Juan County commissioner.ashley@sanuancolorado.us)" commisonenlashey@sanuancoloadous, gel@chaleecounyory gel@cnaleecounyo, "Rusty Granzella (granzela@chaffeecounty.org)" ergranzela@chattecountyorg>, Roland Mason , alnychandlemnentygaglecounyus kathychandlemenygeny@eaglecountyus>, jeanne.mequeeneygeaglecountyus eanne.mqueeney@eaglecountyus, Josh Blanchard vosh.Banchard@summicounyco.gov, wheelock@clearcreekcounty.us rwheelock@clearcreekcountyus>, Sean Wood , Linda Isenhart senar@opmcounyoy. Web Sill wall@glpihcountyony. Reagan Shane , kelymenicholas@pttkincounly.com kelymenicholas@pitincounvy.como, "Tamara Pogue lamarapogue@summicounyco.gowy , mattscherr@eaglecounty.us" , hilaryc@sanmiguelcountyco.gov chlaryc@sanmiguelcountyco.govo, oue@gumnsomcoaunyoy houck@gunnisonisoncountyorgo, "elisabeth.lawrence@summitcountyco.gov" celsabelnlawence@sumnicoumycogow, Visde@ounycumycogor , campbalircolelercous campalr@cele.cous, delsner@parkco.us" , "Floyd Cook - Dolores County (oyd.cook@ione.net loy.coox@ione.nel, dedoloenty@tone.ner: dcdolocnty@lone.nel, sanuancouny@ronterner sanurounyeronesne", "Austin Lashley - San Juan County commissioner.ashley@sanyuancolorado.us)" , Josh Blanchard Josh.8lanchard@summicounyo.gow, rwneelock@clearcreekcounty.us" , Sean Wood , Sandy Hollingsworth sholingsworth@gipincountyorgo. sennar@gipnoounyoy isenhan@aipmounyoy. Web Sill - Gilpin County wall@glpncounyorg. Reagan Shane ; sde@ourycounyegos campbeir@colelercous, delsner@parkco.us; Dakerdchalecounyon: Marsha E. Porter-Norton Marsha.Poner-Norongcolaplala.cous: Floyd Cook - Dolores County (lyd.cook@'one.nel) loyd.cook@ione.ne: dcdolocnly@lone.net: decdolocnly@ione.net: enurcouny@ronernet nuarcounydroneinet Austin Lashley - San Juan County commissoneriasheye sanjuancolorado.us) ; lel@chaleecounyoy: 'Rusty Granzella (granzella@chaffeecounty.org) ; Sandy Hollingsworth : senfan@opncounyors Web Sill - Gilpin County wall@glpincountyore: Reagan Shane