PROWERS COUNTY, COLORADO BOARD OF COMMISSIONERS JULY 8, 2025 7:00 a.m. Mark Dorenkamp, Road & Bridge Supervisor Update (AM Breakfast House, 410 S Main St, Lamar, CO 81052) COMMISSIONERS BOARD ROOM, 2nd FLOOR OF COURTHOUSE 301 S. MAIN STREET, LAMAR, CO 81052 WORK SESSION 9:00 a.m. Tallie Harmon, Prowers Economic Prosperity Director PEP update monthly 9:30 a.m. Bryan Jordan, Destination IQ (per DW) Updates 10:00 a.m Brooke Matthew, CSU Extension SE Region Director and Prowers County Extension Agents, Claudia Terrazas, Spanish Language Specialist, CSU Extension Office - Amber Comer, 4-H Youth Development and Michaela Mattes, Agronomist Colorado State University Extension update 10:30 a.m. BOCC Update MEETING AGENDA 1:00 p.m. Invocation Pledge of Allegiance Call Meeting to Order Roll Call CONSENT AGENDA ACTION ITEMS: 1. Consider approval of Adoption of Agenda 2. Consider approval of Payment of Bills Presented and of Voiding Checks, if any, for all County Funds and DHS Funds, which include WHC and H3C Funds 3. Consider approval of June 24, 2025 Meeting Minutes PUBLIC APPEARANCES Anyone wishing to' address the BOCC may do SO at the discretion of the Board and subject to a three-minute limitation. UPDATES Don Wilson, County Administrator County Administrator update Rose Pugliese, Esq. County Attorney update ACTION ITEMS: 1. Consider ratifying 6-24-2025 verbal poll approval of Ozone Season Transit Grant Award Amendment #1 from the amount of $19,711.85 to the full original requested amount of $20,374.00, to be applied towards Free Transit during the Ozone Season with no county matching funds required. 2. Consider ratifying 6-26-2025 email poll approval for payment of bills presented for County General Fund Payroll, Payroll A.P and AP totaling $1,017,834.27, less June State Unemployment of $1,258.87 for a total Certification of $1,016,575.40, DHS Payroll, Payroll Ap, and AP in the amount of $251,250.34 and H3C Payroll, Payroll AP and AP in the amount of $119,005.11 all with a Certification date of June 27, 2025 and authorizing the use of the Commissioner's signature stamps. 3. Consider approval of Grant Reimbursement (EIAF #9541) Request Form, total invoiced amount $79,883.32, amount to be paid by EIAF is $39,941.66 and amount to be paid by Grantee matching funds are $39,941.66 for the Prowers County Master Plan Update to be summited to DOLA. 4. Consider approval of Request for Extension Time to File Audit for Year End December 31, 2024 and authorizing Chairman Ron Cook to execute the request form. 5. Consider approval of Prowers County sponsorship in the amount of $300.00 to the livestock auction at the 2025 Holly Gateway Fair. 2 6. Consider approval of Contract No. PAT-III-B-26 between Lower Arkansas Valley Area Agency on Aging (LAVAAA), includes Option Letter #26-0725 and HIPAA Business Associate Addendum, contract period July 1, 2025 and June 30, 2026, awarding Prowers Area Transit $5,676.00 under Title IIIB, and authorizing Chair Ron Cook to execute the documents. 7. Consider approval of Contract No. PAT-STATE-26 between Lower Arkansas Valley Area Agency on Aging (LAVAAA), includes Option Letter #26-0725 and HIPAA Business Associate Addendum, contract period July 1, 2025 and June 30, 2026, awarding Prowers Area Transit $6,119.00 under Title III General Fund, and authorizing Chair Ron Cook to execute the documents. 8. Consider approval to acknowledge Contract No. PAT-I-B-25 between Lower Arkansas Valley Area Agency on Aging (LAVAAA), included Option Letter #26-0724 and HIPAA Business Associate Addendum, contract period July 1, 2024 June 30, 2025, awarded Prowers Area Transit $23,343.00 under Title III-B. 9. Consider approval to acknowledge Contract No. PAT STATE-25 between Lower Arkansas Valley Area Agency on Aging (LAVAAA), included Option Letter #26-0724 and HIPAA Business Associate Addendum, contract period July 1, 2024 -June 30, 2025, awarded Prowers Area Transit $6,676.00 under Title III General Fund. 10. Consider approval for Memorandum of Understanding between Prowers County Public Health & Environment and Rise Above Colorado, effective for July 1, 2025 through June 30, 2026 and authorizing Public Health Director, Meagan Hillman to execute the MOU. 11. Consider approval of appointing one (1) Member to the Prowers County Planning Commission Board to fill the remaining term, to expire January 2027. 12. Consider approval of Memorandum of Agreement Fiscal Agent and Reimbursement Agreement with the following counties: Baca, Otero, Crowley, Bent, Prowers, and Kiowa on Homeland Security Funds and authorizing Chairman Ron Cook to execute the Agreement. PREVIOUSLY TABLED ACTION ITEMS: 1. None 3 EXECUTIVE SESSION Executive Session pursuant to C.R.S. 524-6-402(4)(b) Conference with the attorney for the purposes of receiving legal advice on specific legal questions. Executive Session pursuant to C.R.S. 524-6-402(4)(b) Conference with the attorney for the purposes of receiving legal advice on specific legal questions for litigation updates. ADJOURN NOTE: This Agenda is provided for informational purposes only. Action may be taken on any or all of the items. All times are approximate. If any given item is finished earlier than anticipated, the Commissioners may move on to the next item. The only exceptions are public hearings on items which have had published notices of a specific hearing time; those items will not begin until the specific time or after. If you need assistance in participating in this meeting due to a disability as defined under the Americans with Disabilities Act, please call 719-336-8030 at least three days prior to the scheduled meeting to request an accommodation. 4 PROWERS COUNTY AGENDA ITEM REQUEST FORM Hearing Date Requested: 7/8/25 Submitter: Don Wilson Submitted to the County Administration Office on: Verbal Poll 6/24//25 Return Originals to: Don Wilson Number of originals to return to Submitter: 1 Contract Due Date: N/A Item Title/Recommended Board Action: Consider ratifying 6-24-2025 verbal poll approval ofOzone Season Transit Grant Award Amendment #1 from the amount of$19,711.85 to the full original requested amount of $20,374.00, to be applied towards Free Transit during the Ozone Season with no county matching funds required. Justification or Background: Fiscal Impact: This item is budgeted in the following account code: County: $ +662.15 Federal: $ State: $ Other: $ Approved by the County Attorney on: 6-26-2025 Additional Approvals (if required): Ozone Season Transit Grant Award Amendment #1 May 13, 2025 Subgrantee: Prowers Area Transit Grant Number: OSTG202504 Award Amendment In the original Ozone Season Transit Grant award letter, Prowers Area Transit received a grant amount of $19,711.85 which included a 3.25% decrease to account for the quantity of applicants. We are now able to provide the subgrantee with the full original requested amount of $20,374.00 to be used toward providing Free Transit during Ozone Season. The subgrantee is providing $0.00 in matching funds for the project. This letter functions as an official amendment to the original agreement h Authorized Signature of Grantor: Bapki CASTA Executive Director Date: 05/13/2025 Authorized Signature of Grantee: % pok Agency Official Date 634-2025 PROWERS COUNTY AGENDA ITEM REQUEST FORM Hearing Date Requested: 7-8--27-2025 Submitter: Paula Gonzales, County Finance Director Submitted to the County Administration Office on: Email Poll 6-26-2025 Return Originals to: Paula Gonzales & Jana Coen Number of originals to return to Submitter: 1 Contract Due Date: Item Tile/Recommended Board Action: Consider ratifying 6-26-2025 email poll approval for payment of bills presented for County General Fund Payroll, Payroll A.P and AP totaling $1,017,834.27, less June State Unemployment of $1,258.87 for a total Certification of $1,016,575.40, DHS Payroll, Payroll Ap, and AP in the amount of $251,250.34 and H3C Payroll, Payroll AP and AP in the amount of $119,005.11 all with a Certification date of June 27, 2025 and authorizing the use of the Commissioner's signature stamps. Justification or Background: Fiscal Impact: This item is budgeted in the following account code: County: $ Federal: $ State: $ Other: $ PROWERS COUNTY APPROVE TO PAY APPROVE PAYMENTS AS HEREIN SET FORTH. CHECK NUMBERS AS LISTED BELOW ARE ALL INCLUSIVE, ARE SET OPPOSITE THEIR NAMES, AND TOTALING THE SUM OF: $1,017,834.27 DRAWN ON COUNTY GENERAL FUNDS. DATED AS OF: June 27, 2025 # A/P PAYROLL FRINGES COUNTY GENERAL FUND $ 71,865.80 325,973.58 103,562.60 ARPA FUND $ FSA ACCOUNT $ BOOKING FEES ACCOUNT $ PUBLIC HEALTH AGENCY $ 1,365.85 118,459.77 31,931.12 ROAD & BRIDGE FUND $ 41,473.67 72,372.18 20,586.30 SALES & USE TAX FUND $ CONSERVATION TRUST FUND $ CAPITAL FUND $ OTHER AGENCIES FUND $ LODGING TAX FUND $ 211.75 67.30 CRMC FUND $ 4,612.08 85,128.41 29,797.17 OPC FUND $ 468.33 80,860.27 29,098.09 Totals $ 119,785.73 $ 683,005.997 215,042.58 DATE: June 27, 2025 R/CHAEMMAN DATE: June 27, 2025 AMISSIONER DATE: June 27, 2025 N AIBSIONER DATE: June 27, 2025 CLERK TOTHE BOARD Total Paid Approve To Pay $ 1,017,834.27 AP + Fringes $ 334,828.31 Total Pd Certification Payroll $ 334,828.31 Total Payroll + Fringes $ 898,048.54 STATE OF COLORADO) Ending Check No. 75652 SS: Beginning Check No. 75596 COUNTY OF PROWERS) 1 Total Number of Checks: 57 hwbComgoll Prowers County Treasurer's Office PROWERS COUNTY TREASURER CERTIFICATION COUNTY GENERAL FUND-01 0010 June 27,2025 75596-75652 s 71,865.80 June Unemployment s (1.258.87) Payroll s 325,973.58 Total Fringes_s 103.562.60 Totals 500,143.11 ARPA 0018 Totalfs ROAD & BRIDGE FUND - 02 0020 s 41,473.67 Payroll $ 72,372.18 Fringes_ $ 20,586.30 Totals 134,432.15 FSA (Cafeteria) 552 0552 $ Total_s Sheriff's Booking Fees 0675 $ Totalls SALES & USE TAX FUND - 03 0900 $ Total_s CONSERVATION TRUSTI FUND - 06 0130 $ Total s CAPITAL FUND 07 0100 S Totals OTHER AGENCIES FUND- 08 $ Totalfs LODGING TAX 09 0014 $ Payrons 211.75 Total Fringes S 67.30 Total_s 279.05 PUBLIC HEALTH AGENCY 11 0676 S 1,365.85 Payroll S 118,459.77 Total Fringes! s 31,931.12 Total_s 151,756.74 CRMC 0016 $ 4,612.08 Payrol S 85,128.41 Total Fringes_s 29,797.17 Total $ 119,537.66 I PC 0017 $ 468.33 Payrol $ 80.860.27 Total Fringes S 29.098.09 Totals 110,426.69 Paula Gonzalss Finance Director GRAND TOTALLS 1,016.575.40 Check Register 2 Prowers County, CO Packet: APPKT00094 Bank Transfer PY. June 2025 Z By Check Number CORANS Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Bank Code: General Fund Op-General Fund Operating Account FNB1 Frontier Bank 06/27/2025 Regular 0.00 166,644.46 75596 Bank Code General Fund Op Summary Payable Payment Payment Type Count Count Discount Payment Regular Checks 1 1 0.00 166,644.46 Manual Checks 0 0 0.00 0.00 Voided Checks 0 0 0.00 0.00 Bank Drafts 0 0 0.00 0.00 EFT's 0 0 0.00 0.00 1 1 0.00 166,644.46 6/25/2025 12:52:06 PM Page 1 of 2 Check Register Packet: APPKT00094-Bank Transfer PY. June 2025 Fund Summary Fund Name Period Amount 999 Pooled Cash 6/2025 166,644.46 166,644.46 6/25/2025 12:52:06 PM Page 2 of2 Check Register - E a Prowers County, CO Packet: APPKT00091 PP. June 2025 AP I By Check Number COORNI Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Bank Code: General Fund Op-General Fund Operating Account AFL1 Aflac 06/27/2025 Regular 0.00 2,195.64 75597 WHITE Barbara White 06/27/2025 Regular 0.00 7,870.32 75598 CRA2 CCOERA 06/27/2025 Regular 0.00 864.41 75599 CRA1 CCOERA 06/27/2025 Regular 0.00 74,619.77 75600 SALAZ Celia M. Salazar 06/27/2025 Regular 0.00 5,031.00 75601 CLN1 Colonial Life & Accident Ins Co. 06/27/2025 Regular 0.00 1,215.26 75602 CAI1 Continental American Insurance Con 06/27/2025 Regular 0.00 768.90 75603 CHP1 County Health Pool 06/27/2025 Regular 0.00 142,058.17 75604 FSR1 Family Support Registry 06/27/2025 Regular 0.00 3,332.22 75605 1257 Jose Manuel Soto JR. 06/27/2025 Regular 0.00 3,968.90 75606 LEG1 LegalShield 06/27/2025 Regular 0.00 375.80 75607 MTS1 MASA MEDICAL. AIR TRANSPORTAT 06/27/2025 Regular 0.00 733.00 75608 VEN00954 Mountain Peak Law Group, PC 06/27/2025 Regular 0.00 300.00 75609 WINSORN Nancy' Winsor 06/27/2025 Regular 0.00 8,152.86 75610 NCA1 Nationwide Retirement. Solutions 06/27/2025 Regular 0.00 170.00 75611 PRC1 Prowers County 06/27/2025 Regular 0.00 525.00 75612 Bank Code General Fund Op Summary Payable Payment Payment Type Count Count Discount Payment Regular Checks 34 16 0.00 252,181.25 Manual Checks 0 0 0.00 0.00 Voided Checks 0 0 0.00 0.00 Bank Drafts 0 0 0.00 0.00 EFT's 0 0 0.00 0.00 34 16 0.00 252,181.25 6/25/2025 12:59:54 PM Page 1 of 2 Check Register Packet: APPKT00091-PP. June 2025 AP Fund Summary Fund Name Period Amount 999 Pooled Cash 6/2025 252,181.25 252,181.25 6/25/2025 12:59:54 PM Page 2 of % Check Register Prowers County, CO Packet: APPKT00096 - 101.07.2025 06/27/2025 : - By Check Number CDRAI Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Bank Code: General Fund Op-General Fund Operating Account AIR1 A-1 Rental & Sales 06/27/2025 Regular 0.00 330.49 75613 All1 Airgas Intermountain Inc. 06/27/2025 Regular 0.00 817.98 75614 ATM1 Atmos Energy 06/27/2025 Regular 0.00 161.13 75615 CINTASCORP CINTAS CORPORATION NO. 2 06/27/2025 Regular 0.00 482.62 75616 LAM1 City of Lamar 06/27/2025 Regular 0.00 98.60 75617 CURE CureMD.com 06/27/2025 Regular 0.00 656.00 75618 DAF1 District Attorney 06/27/2025 Regular 0.00 32,734.67 75619 MENDEZ Divina Mendez 06/27/2025 Regular 0.00 866.66 75620 E3CONSULTING E3 Consulting Services, LLC 06/27/2025 Regular 0.00 517.50 75621 VEN00918 E470 PUBLIC HIGHWAY AUTHORITY 06/27/2025 Regular 0.00 26.90 75622 VEN01018 EMPLOYMENT COMPLIANCE! SOLUTI 06/27/2025 Regular 0.00 4,143.75 75623 HTP1 Heath & Son & Turpin Trucking, Inc. 06/27/2025 Regular 0.00 45.20 75624 INCOMP In Compliance Products 06/27/2025 Regular 0.00 280.00 75625 FPLS John Deere Financial 06/27/2025 Regular 0.00 3,411.56 75626 FPLS John Deere Financial 06/27/2025 Regular 0.00 24.95 75627 FPL5 John Deere Financial 06/27/2025 Regular 0.00 169.99 75628 LAP1 Lamar Auto Parts 06/27/2025 Regular 0.00 2,311.71 75629 LAN1 LawnCo 06/27/2025 Regular 0.00 5,025.00 75630 MHC1 MHC Kenworth 06/27/2025 Regular 0.00 98.87 75631 Mirage Mirage Technologies 06/27/2025 Regular 0.00 3,835.00 75632 PSL1 Pitstop Oil, LLC 06/27/2025 Regular 0.00 20,250.75 75633 DSS1 Prowers County DHS 06/27/2025 Regular 0.00 374.85 75634 QUL1 Quill LLC 06/27/2025 Regular 0.00 75.98 75635 RSC3 Ranchers Supply of Lamar LLC 06/27/2025 Regular 0.00 253.59 75636 RPI1 Robinson Printing 06/27/2025 Regular 0.00 365.00 75637 STAGNERR Roger Stagner 06/27/2025 Regular 0.00 195.00 75638 ROIFIRE ROI FIRE & BALLISTICSI EQUIPMENTI 06/27/2025 Regular 0.00 5,446.00 75639 CKN1 Ron Cook 06/27/2025 Regular 0.00 195.00 75640 FRANCOSHAY SHAYANNE FRANCO 06/27/2025 Regular 0.00 1,000.00 75641 MRS1 Shred. America 06/27/2025 Regular 0.00 32.25 75642 TIN1 Terminix Processing Center 06/27/2025 Regular 0.00 81.32 75643 THESIGN The Sign Shop 06/27/2025 Regular 0.00 2,418.00 75644 DUNAG Thomas Dunagan 06/27/2025 Regular 0.00 100.00 75645 HOL1 Town of Holly 06/27/2025 Regular 0.00 216.16 75646 VEN00958 TYI HARMON 06/27/2025 Regular 0.00 195.00 75647 TTI1 Tyler Technologies Inc 06/27/2025 Regular 0.00 1,305.00 75648 VIA1 Viaero' Wireless 06/27/2025 Regular 0.00 259.13 75649 WAG1 Wagner Equipment Co 06/27/2025 Regular 0.00 5,161.04 75650 WRE1 WEX BANK 06/27/2025 Regular 0.00 500.00 75651 1177 Wholehearted Connection, LLC 06/27/2025 Regular 0.00 300.00 75652 Bank Code General Fund Op Summary Payable Payment Payment Type Count Count Discount Payment Regular Checks 62 40 0.00 94,762.65 Manual Checks 0 0 0.00 0.00 Voided Checks 0 0 0.00 0.00 Bank Drafts 0 0 0.00 0.00 EFT's 0 0 0.00 0.00 62 40 0.00 94,762.65 6/26/2025 9:08:41 AM Page 1 of2 Check Register Packet: APPKT00096-101.07.2025 06/27/2025 Fund Summary Fund Name Period Amount 999 Pooled Cash 6/2025 94,762.65 94,762.65 6/26/2025 9:08:41 AM Page 2 of 2 PROWERS COUNTY TREASURER CERTIFICATION OF EXPENDITURES DATE: June 27, 2025 Prepared by: PROWERS COUNTY DEPARTMENT OF HUMAN SERVICES FUND Mindy Maestas SALARY 101640-101681 108.518.15 FRINGE 68559-68573 95,162.72 OPERATING 68558 & 68574-68578 3,624.98 CANCELLED WHC SALARY 54959-54974 25,036.00 WHC FRINGE 9095-9104 18,678.24 OPERATING 9105 230.25 FORFEITURE TOTAL:$ 251,250.34 Information Only VOIDED CHECKS #'s: 1N - < hun) Mikeke Lanie Mireles, Divcctor PROWERS COUNTY TREASURER CERTIFICATION OF EXPENDITURES DATE: June 27, 2025 Prepared by: HOTLINE COUNTY CONNECTION CENTER FUND Mindy Maestas H3C SALARY 31760-31786 67,528.39 H3C FRINGE 4250-4256 50,772.54 H3C OPERATING 4257-4258 704.18 H3C CANCELLED TOTAL:$ 119,005.11 Information Only VOIDED CHECKS #'s: - Lanie Mireles, Director upmualo PROWERS COUNTY AGENDA ITEM REQUEST FORM Hearing Date Requested: 7/8/2025 Submitter: Paula Gonzales, Finance Director Submitted to the County Administration Office on: 6/26/25 Return Originals to: Paula Gonzales Number of originals to return to Submitter: 1 Contract Due Date: N/A Item Tite/Recommended Board Action: Consider approval of Grant Reimbursement (EIAF #9541) Request Form, total invoiced amount $79,883.32, amount to be paid by EIAF is $39,941.66 and amount to be paid by Grantee matching funds are $39,941.66 for the Prowers County Master Plan Update to be summited to DOLA. Justification or Background: Fiscal Impact: This item is budgeted in the following account code: County: $ Federal: $ State: $ Other: $ Approved by the County Attorney on: Additional Approvals (if required): - 6A 6A 6A 6A 6 6A 6A 6A 6A 6A 6 0 6 3 o - 6A 6A 6 A A 6A $A 6 6A 6A 6A 6 6 6A - - 4 6 o 0O 9 8 1 - PROWERS COUNTY AGENDA ITEM REQUEST FORM Hearing Date Requested: 07/08/2025 Submitter: Paula Gonzales, Finance Director Submitted to the County Administration Office on: 06/26/2025 Return Originals to: Paula Gonzales Number of originals to return to Submitter: 1 Contract Due Date: Item Tite/Recommended Board Action: Consider approval of Request for Extension Time to File Audit for Year End December 31, 2024 and authorizing Chairman Ron Cook to execute the request form. Justification or Background: Fiscal Impact: This item is budgeted in the following account code: County: $ Federal: $ State: $ Other: $ Approved by the County Attorney on: Additional Approvals (if required): 1876 OFFICE OF THE STATE. AUDITOR LOCAL GOVERNMEN NT. AUDIT: DIVISION KERRI LI HUNTER, CPA, CFE STATE AUDITOR Request for Extension of Time to File Audit Enter Year End Date (mm/dd/yyyy) 12/31/2024 Requests should be submitted via internet porta under the government's name: palhmalggaomlg Government Name: County of Prowers Name of Contact: Paula Gonzales Address: 301 S Main St, Suite 215 City/Zip Code Lamar / 81052 Phone Number: 719-336-8025 E-mail paulagonzales@prowverscounty.net Extension requests shall be submitted in accordance with the deadlines established in Section 29-1- 606 (1) through (4), C.R.S. which is no later than 7 months after the local government's year end, (or 6 months for school district and 8 Months for housing authorities) The State Auditor may authorize an extension of such time for not more than 60 days as prescribed by Section 29-1-606(4), C.R.S. I understand that if the audit is not submitted within the approved extension of time, the government named in the extension request will be considered in default without further notice, and the State Auditor shall take further action as prescribed by Section 29-1-606/(5)(b), C.R.S. MUST be signed by a member of the governing board. Signature Printed Name: Ron Cook Title: County Commissioner; Cbairman Date: PROWERS COUNTY AGENDA ITEM REQUEST FORM Hearing Date Requested: 7/8/25 Submitter: Don Wilson Submitted to the County Administration Office on: 6/27/25 Return Originals to: Don Wilson Number of originals to return to Submitter: N/A Contract Due Date: N/A Item Title/Recommended Board Action: Consider approval of Prowers County sponsorship in the amount of $300.00 to the livestock auction at the 2025 Holly Gateway Fair. Justification or Background: Annual Fiscal Impact: This item is budgeted in the following account code: County: $ $-300 Federal: $ State: $ Other: $ Approved by the County Attorney on: Additional Approvals (if required): PROWERS COUNTY AGENDA ITEM REQUEST FORM Hearing Date Requested: 7-8-2025 Submitter: Prowers Area Transit Submitted to the County Administration Office on: 6-30-2025 Return Originals to: Paula Gonzales, Finance Director & Jana Coen Number of originals to return to Submitter: 1 Contract Due Date: Item Itle/Recommended Board Action: Consider approval of Contract No. PAT-II-B-26 between Lower Arkansas Valley Area Agency on Aging (LAVAAA), includes Option Letter #26-0725 and HIPAA Business Associate Addendum, contract period July 1, 2025 and June 30, 2026, awarding Prowers Area Transit $5,676.00 under Title IIIB, and authorizing Chair Ron Cook to execute the documents. Justification or Background: Annual Contract for Prowers Area Transit Fiscal Impact: This item is budgeted in the following account code: County: $ Federal: $ State: $ Other: $ Approved by the County Attorney on: 7-1-2025 Additional Approvals (if required): 757 lavaaa action answers ona CONTRACT advocacy aging Lower Arkansas Valley Area Agency on Aging This contract is made and entered into by and between the named parties. In accordance with the purposes stated herein, it is hereby agreed as follows: AWARDING AGENCY CONTRACT NO. Otero County of Dept. of Human Services PAT-III-B-26 Lower Arkansas Valley Area Agency on Aging 13 W. 3rd Street, Rm. 110, La Junta, CO 81050 AWARD TYPE <X> Initia Award SUBCONTRACTOR <> Revisicn of Earlier Contract Prowers Area Transit Issued on: 200 East Hickory St, Lamar, CO 81052 FUNDING SOURCE CONTRACT PERIOD Federal CFDA# 93.044 July 1, 2025 - June 30, 2026 APPROVED BUDGET FOR CONTRACT PERIOD Budgets will be awarded via Option Letters. SCOPE OF WORK: In accordance with the provisions of this Contract, the Contractor shall perform the duties and responsibilities as detailed in the SFY 2025 Annual Plan (Assurance of Compliance and RFP) and Contract (including HIPAA and Indemrification Addendums), Award Letter, and Older Americans Act Rule Manual Volume 10. APPROVALS AWARDING AGENCY: CONTRACTOR: by by Doro - - Op Donna Rohde, Executive Director Authorized Signature Otero County Dept. of Human Services Printed Name Title Option Letter #26-0725 / - ava aa y cbon Contract #: PAT-III-B-26 Lover Arkansas Vallay Area Agency on Aging Awarding Agency: Lower Arkansas Valley Area Agency on Aging Contractor: Prowers Area Transit 200 East Hickory St Lamar, CO 81052 Contract Performance Beginning Date: July 1, 2025 Contract Performance Ending Date: June 30, 2026 Amount Awarded on this Option Letter: $5,100.00 Total AAA Funds Awarded on this Contract: $5,100.00 Minimum Matching Funds Required: $567.00 Net Budget Amount*: $5,676.00 * Progrom Income (Donations) will also be reported, but are not required. Expiration Date of funds awarded on this Option Letter: June 30, 2026 Please note that award funds not utilized by the Expiration Date, and requested the following month by the date shown on the Contract, will be reclaimed by LAVAAA. This Option Letter allows you to provide services and request reimbursement under the terms of the Contract up to the maximum amount of the award listed here. Otero County Department of Human Services Lower Arkansas Valley Area Agency on Aging Donna Rohde, Executive Director r By: Donna Rohde Effective Date: 7/1/2025 75 lavaaa - HIPAA advocacy action answerso on aging BUSINESS ASSOCIATE Lower Arkansas Valley ADDENDUM Area Agency on Aging This Business Associate Addendum ("Addendum") is a part of the Contract No. PAT-III-B-26 between the Lower Arkansas Valley Area and Prowers Area Transit Agency on Aging (LAVAAA) Addendum, LAVAAA (Subcontractor). for: contract year 2026 For IS referred to as "Covered purposes of this referred to as "Associate". Unless Entity" or "CE" and the Subcontractor is Contract the context clearly requires a distinction between the document and this Addendum, all references herein to "the Contract" include this Addendum. Contract" or "this RECITALS A. CE wishes to disclose certain information to Associate Contract, some of which may constitute pursuant to the terms of the Protected Health Information (defined below). ("PHI") B. CE and Associate intend to protect the privacy and provide for th e disclosed to Associate pursuant to this Contract in security of PHI Insurance Portability and compliance with the Health Accountability Act of 1996, 42 U.S.C. S 1320d - 1320d-8 ("HIPAA") as amended by the American Recovery and Reinvestrent Act of 2009 (ARRA"/HITECH Act (P.L. 111-005), and its implementing by the U.S. Department of Health and Human Services, 45 C.F.R. regulations promulgated 164 (the "HIPAA Rules") and other applicable Parts 160, 162 and laws, as amended. C. As part of the HIPAA Rules, the CE is required to enter into a written containing specific requirements with Associate prior to the disclcsure contract of forth in, but not limited to, Title 45, Sections 160.103, PHI, as set the Code of Federal Regulations 164.502(€) and 164.504(e) of ("C.F.R.") and contained in this Addendum. The parties agree as follows: 1. Definitions. a. Except as otherwise defined herein, capitalized have the definitions set forth in the HIPAA Rules at 45 C.F.R. terms in this Addendum shall amended. In the event of any conflict between the Parts 160, 162 and 164, as Rules and the provisions of this Contract, the HIPAA mandatory Rules provisions of the HIPAA provisions of this Contract differ from those mandated shall control. Where the nonetheless permitted by the HIPAA by the HIPAA Rules, but are Rules, the provisions of this Contract shall control. b. "Protected Health Information" or "PHI" or recorded in any form or medium: (i) that relates means any information, whether oral mental condition of an individual; the to the past, present or future physical or provision of health care to an present or future payment for the provision of health individual; or the past, identifies the individual or with care to an individual; and (ii) that information respect to which there IS a reasonable basis to can be used to identify the individual, and shall believe the term under the HIPAA Rules, have the meaning given to such including, but not limited to, 45 C.F.R. Section 164.501. C. "Protected Information" shall mean PHI CE created received, maintained provided by 0 Associate or Associate is a covered or transmitted by Associate on CE's behalf. To the extent entity under HIPAA and creates or obtains its own payment and health care operations, Protected PHI for treatment, include any PHI created or obtained Information under this Contract does not follow its own by Associate as a covered entity and Associate shall policies and procedures for accounting, access and PHI. amer dment of Associate's d. "Subcontractor" shall mean a third party to whom Associate function, activity, or service that involves CE's Protected delegates a the responsibilities of this Agreement. Information, in order to carry out 2. Obligations of Associate. a. Permitted Uses. Associate shall not use Protected Inform ation purpose of performing Associate's obligations under this except for the this Addendum. Further, Associate shall Contract and as permitted under would not use Protected Information in constitute a violation of the HIPAA Rules if 50. used any manner that use Protected Information: (i) for the by CE, except that Associate may (ii) to carry out the legal proper. management and administration of Associate; for the Health Care responsibilities of Associate; or (ii) for Data Aggregation Operations of CE. Additional if purposes uses of Protected Information provisions, any, governing permitted are set forth in Attachment A to this accepts full responsibility for any penalties incurred Addendum. Associate HIPAA Rules. as a result of Associate's breach of the b. Permitted Disclosures. Associate shall not disclose any manner that would constitute a violation of the HIPAA Protecred Information in that Associate may disclose Protected Rules if disclcsed by CE, except this Contract; for Information: (i) in a manner permitted (ii) the proper management and administration of pursuant to required by law; (iv) for Data Associate; (in) as or (v) to report violations Aggregation purposes for the Health Care Operations of of law to appropriate federal or state CE; 45 C.F.R. Section 164.5020)(1). To the extent that authorities, consistent with Information to a third party Associate discloses Protected disclosure: (i) reasonable Subcontractor, Associate must obtain, prior o making any such third assurances through execution of a written party that such Protected Information will be held agreement with such this Addendum and confidential as provided pursuant to only disclosed as required by law or for the disclosed to such third party; and that such third purposes for which it was business days of any breaches of party will notify Associate within two (2) confidentiality of the Protected Informasion, to the extent it has obtained knowledge of such breach. Additional permitted disclosures of Protected provisions, if ary, governing Information are set forth in Attachment A. C. Appropriate Safequards. Associate shall, implement necessary to prevent the use or disclosure of Protected appropriate safeguards as are by this Contract. Associate shall Information other than as permitted comply with the requirements of HIPAA at 45 C.F.R. Sections 164.308, 164.310, the Security Rule 164.312, and 164.316. Associate shall comprehensive written information privacy and security maintain a program that includes administrative, technical and physical safeguards the Associate's appropriate to the size and complexity of operations and the nature and scope of its activities. Associate shall modify, and update documentation of, its review, provision of reasonable safeguards as needed to ensure continued and appropriate protection of Protected Information. d. Reporting of Improper Use or Disclosure. Associate shall writing any use or disclosure of Protected Information report to CE in Contract within five other than as provided for by this (5) business days of becoming aware of such use or disclosure. e. Associate's Agents. If Associate uses one or more to provide services under the Contract, and such Subcentractors or agents access to Protected Subcontractors or agents receive or have Information, each Subcontractor or agent shall sign an Associate containing the same provisions as this Addendum and further agreement with third party beneficiary with rights of enforcement and identifying CE as a Subcontractors indemnification from such or agents in the event of any violation of such Subcontractor agreement. The Agreement between the Associate and or agent that the Subcontractor Subcontractor or agent shall ensure or agent agrees to at least the same restrictions and conditions apply to Associate with respect to such Protected Information. that and maintain sanctions against agents and Associate shall implement conditions and shall Subcontractors that violate such restrictions and mitigate the effects of any such violation. f. Access to Protected Information. If Associate maintains Frotected Information contained within CE's Designated Record Set, Associate shall make Information maintained by Associate. or its agents or Subcontractors in such Protected Record Sets available to CE for inspection and copying within ten b. Designated request by CE to enable CE to fulfill its (10) Jsiness days of a the HIPAA obligations to permit individual access to PHI under Rules, including, but not limited to, 45 C.F.R. Section 164.524. If such Protected Information is maintained by Associate in an electronic form or format, Associate make such Protected Information available to CE in a mutually must or format. agreed upon electronic form g. Amendment of PHI. If Associate maintains Protected Information within CE's Designated Record Set, Associate or its agents or Subcontractors contained such Protected Information available to CE for amendment shall make within ten receipt of a request from CE for an amendment of Protected (10) business days of Information an individual contained in a Record or a record about Designated Set, and shall incorporate any such amendment to enable CE to fulfill its obligations with respect to amend their PHI under the HIPAA Rules, requests by individuals to including, but not limited to, 45 C.F.R. Section 164.526. If any individual requests an amendment of Protected Information: directly from Associate or its agents or Subcontractors, Associate must notify CE in writing within five (5) business days of receipt of the request. Any denial of amendment of Protected Information maintained by Associate or its agents or Subcontractors shall be the responsibility of CE. h. Accounting Rights. If Associate maintains Protected Information contained within CE's Designated Record Set, Associate and its agents or Subcor tractors shall make available to CE within ten (10) business days of notice by CE, the information required to provide an accounting of disclosures to enable CE to fulfill ts obligations under the HIPAA Rules, including, but not limited to, 45 C.F.R. Section 164.528. In the event that the request for an accounting is delivered directly to Associate or its agents or Subcontractors, Associate shall within five (5) business days of the receipt of the request forward it to CE in writing. It shall be CE's responsibility to prepare and deliver any such accounting requested. Associate shall not disclose any Protected Information except as set forth in Section 2(b) of this Addendum. . Governmental Access to Records. Associate shall keep records and make its internal practices, books and records relating tO the use and disclosure of Protected Information available to the Secretary of the U.S. Department of Health and Human Services (the "Secretary"), In a time and manner designated by the Secretary, for purposes of determining CE's or Associate's compliance with the HIPAA Rules. Associate shall provide to CE a copy of any Protected Information that Associate provides to the Secretary concurrently with providing such Protected Information to the Secretary when the Secretary is investigating CE. Associate shall cooperate with the Secretary if the Secretary undertakes an investigation or compliance review of Associate's policies, procedures or practices to determine whether Associate is complying with the HIPAA Rules, and permit access by the Secretary during normal business hours to its facilities, books, records, accounts, and other sources of information, including Protected Information, that are pertinent to ascertaining compliance. j. Minimum Necessary: Associate (and its agents or subcontractors) shall only request, use and disclose the minimum amount of Protected Information necessary to accomplish the purpose of the request, use or disclosure, in accordance with the Minimum Necessary requirements of the HIPAA Rules including, but not limited to 45 C.F.R. Sections 164.502(b) and 164.514(d). k. Data Ownership. Associate acknowledges that Associate has no ownership rights with respect to the Protected Information. I. Retention of Protected Information. Except upon termination of the Contract as provided in Section 4(d) of this Addendum, Associate and its Subcontractors or agents shall retain all Protected Information throughout the term of this Contract and shall continue to maintain the information required under Section 2(h) of this Addendu m for a period of six (6) years. m. Associate's Insurance. Associate shall maintain insurance to cover loss of PHI data and claims based upon alleged violations of privacy rights through improper use or disclosure of PHI. All such policies shall meet or exceed the minimum ir surance requirements of the Contract (e.g., occurrence basis, combined aggregate dollar limits, additional insured single dollar limits, annual status and notice of cancellation). n. Notice of Privacy Practices. Associate shall be Notice of Privacy Practices, available responsible for reviewing CE's on CE's external website, to determine any requirements applicable to Associate per this Contract. 0. Notification of Breach. During the term of this Contract CE within two (2) business days of Associate shall notify any Suspected or actual breach of intrusion unauthorized use or disclosure of PHI and/or any actual or security, or data in violation of any suspected use or disclosure of applicable federal or state laws or regulations. Associate initiate notification to affected individuals per the HIPAA Rules shall not approval of CE. Information without prior notification and provided to CE shall include the whose unsecured PHI has identificasion of each individual been, or IS reasonably believed to have or disclosed during the breach. Associate shall take been accessed, acquired such deficiencies and (i) prompt correct ve action to cure (ii) any action pertaining to such unauthorized disclosure any. applicable federal and state laws and regulations. required by p. Audits, Inspection and Enforcement. Within ten (10) business of written request by CE, Associate and its agents or subcontractors days a a reasonable shall allow CE to conduct inspection of the facilities, systems, books, records, procedures relating to the use or disclosure of Protected Information agreements, policies and Addendum for the purpose of pursuant to this determining whether Associate has comp ied with this Addendum; provided, however, that: (i) Associate and CE shall in upon the scope, timing and location of such an mutually agree advance inspection; and () CE shall protect the confidentiality of all confidential and proprietary information of access the Associate to which CE has during course of such inspection. The fact that CE has the right to inspect, Associate's inspects, or fails to inspect, or facilities, systems, books, and procedures does not relieve Associate of its records, agreements, policies responsibility to comply with this Addendum, nor does CE's (i) failure to detect or (ii) detection, but failure to or require Associate's remediation of notify Associate any unsatisfactory practices, constitute such practice or a waiver of CE's enforcement acceptance of rights under the Contract q. Safequards During Transmission. Associate shall be responsible for appropriate safeguards, including encryption of PHI, to maintain and ensure the using confidentiality, integrity and security of Protected Information transmitted Contract, in accordance with the standards and pursuant to the requirements of the HIPAA Rules. r. Restrictions and Confidential Communications. Within of notice by CE of a restriction upon ten (10) business days communications uses or disclosures or request for confidential pursuant to 45 C.F.R. Section 164.522, Associate wili disclosure of an individual's Protected Information. restrict the use or individual's requests to restrict the use Associate will not respond directly to an communication of Protect or disclosure of Protected Information or to send all Information to an alternate address. Associate requests to the CE SO that the CE can coordinate and will refer such requesting individual and provide direction to prepare a timely response to the Associate. 3. Obligations of CE. a. Safeguards During Transmission. CE shall be appropriate safeguards, including responsible for using confidentiality, encryption of PHI, to maintain and ensure the integrity and security of Protected Information transmitted Contract, in accordance with the standards and pursuant to the requirements of the HIPAA Rules. b. Notice of Changes. CE maintains a copy of its its website. CE shall provide Associate Notice of Privacy Practices on use. or disclose Protected with any changes in, or revocation of, permission to Information, to the extent that it or required uses or disclosures. To the extent that it may affect Associate's permitted or disclosure of PHI, CE shall notify Associate may affect Assodate's permitted use Protected Information of any restriction on the use or disclosure of that CE has agreed to In accordance with 45 C.F.R. Section 164.522. 4. Termination. a. Material Breach. In addition to any other provisions in the breach, a breach by Associate of any, provision of this Contract regarding shall constitute a material breach of this Contract Addendum, as determined by CE, termination of this Contract by CE and shall provide grounds for immediate termination pursuant to the provisions of the Contract for cause, if any. If the Contract contains no express covering termination for cause, the following terms and conditions shall provisions regarding apply: (1) Default. If Associate refuses or fails to timely perorm of provisions of this Contract, CE may notify Associate in writing of the any the if not promptly corrected within the time non-performance, and Associate shall continue specified, CE may terminate this Contract. shall performance of this Contract to the extent it is not be liable for excess costs incurred in terminated and procuring similar goods or services elsewhere. (2) Associate's Duties. Notwithstanding termination of this subject to any directions from CE, Associate shall take Contract, and action to protect and timely, reasonab e and necessary preserve property n the possession of ir interest. Associate which CE has an (3) Compensation. Payment for completed supplies delivered and accepted by CE shall be at the Contract price. In the event of a material breach paragraph 4a, CE may withhold amounts due Associate as CE deems under CE against loss from third party claims of necessary to protect for the excess costs improper use or disclosure and to reimburse CE incurred in procuring similar goods and services elsewhere. (4) Erroneous Termination for Default. If after such te-mination determined, for any reason, that Associate was not in default, or that Associate's it is action/inaction was excusable, such termination shall be treated as a termination for convenience, and the rights and obligations of the parties shall be the same if Contract had been terminated for as this convenience, as described in this Contract. b. Reasonable Steps to Cure Breach. If CE knows of a of practice of Associate that constitutes a material pattern activity or breach or violation of the Associate's obligations under the provisions of this Addendum or another terminate this Contract arrangeme nt and does not pursuant to Section 4(a), then CE shall take reasonable steps to cure Such breach on end such violation.. If CE's efforts to violation are CE cure such breach or end such unsuccessful, shall either (i) terminate the Contract, if feasible termination of this Contract is not feasible, CE shall or (ir) if the. Secretary of the Department of Health report Associate's breach or violation to pattern of and Human Services. If Associate knows activity or practice of a of a Subcontractor or agent that or violation of the Subcontractor's constitutes a material breach or agent's obligations under the between Associate and the wricten agreement Subcontractor or agent, Associate shall take cure such breach or end such violation, if feasible. reasonable steps to C, Judicial or Administrative Proceedings. Either party may terminate the Contract, effective immediately, if (i) the other party is named as a defendant proceeding for a violation of the HIPAA Rules or other, in a criminal finding or stipulation that the other security or privacy laws or (ii) a HIPAA party has violated any standard or Rules or other security or privacy laws is made in requirement of the proceeding in which the party has been any administrative or civil joined. d. Effect of Termination. (1) Except as provided in paragraph (2) of this subsection, termination of this Contract, for any reason, Associate shall upon Information that return or destroy all Protected Associate or its agents or Subcontractors still in shall retain no copies of such Protected maintair any form, and Information. If Associate elects to Associate shall certify in writing to CE that such PHI has been destroy the PHI, destroyed. (2) If Associate believes that returning or the Information is not feasible, Associate shall destroying Protected promptly provide CE notice cf the making return or destruction infeasible. Associate shall continue conditions of Sections 2(a), 2(b), to extend the protections 2(c), 2(d) and 2(e) of this Addendum to such Protected and shall limit further use of such PHI to those that Information, of such PHI infeasible. purposes make the return or destruction 5. Injunctive Relief. CE shall have the right to injunctive and other relief against Associate or any of its equitable and legal disclosure of Protected Subcontractors ors agents in the event of any use or Information in violation of this Contract or applicable law. 6. No Waiver of Immunity. No term or condition of this Contract shall interpreted as a waiver, express or implied, of any of the be construed or protection, or other provisions of the Colorado Governmental immunities, richts, benefits, et seq. or the Federal Tort Claims Act, 28 U.S.C. 2671 Immunity Act, CRS 24-10-101 or hereafter amended. et seq. as applicas ble, as now in effect 7. Limitation of Liability. Any limitation of Associate's liability in the Contract inapplicable to the terms and conditions of this Addendum. shall be 8. Disclaimer. CE makes no warranty or representation that with this Contractor the HIPAA Rules will be compliance by Associate adequate or satisfactory for Associate's purposes. Associate is solely responsible for all decisions made own safeguarding of PHI. by Associate regarding the 9. Certification. To the extent that CE determines an examination is necessary in order to comply with CE's legal obligations pursuant to the HIPAA Rules relating to certification of its security practices, CE or its authorized agents or contractors, may, at CE's expense, examine Associate's facilities, systems, procedures and records as may be necessary for such agents or contractors to certify to CE the extent to which Associate's security safeguards comply with the HIPAA Rules or this Addendum. 10. Amendment. a. Amendment to Comply with Law. The parties acknowledge that state and federal laws relating to data security and privacy are rapidly evolving and that amendment of this Addendum may be required to provide for procedures to ensure compliance with such developments. The parties specifically agree to take such action as is necessary to implement the standards and requirements of the HIPAA Rules and other applicable laws relating to the confidentiality, integrity, availability and security of PHI The parties understand and agree that CE must receive satisfactory written assurance from Associate that Associate will adequately safeguard all Protected Information and that it is Associate's responsibility to receive satisfactory written assurances from Associate's Subcontractors and agents. Upon the request of either party, the other party agrees to promptly enter into negotiations concerning the terms of an amendment to this Addendum embodying written assurances consistent with the standards and requirements of the HIPAA Rules or other applicable laws. CE may terminate this Contract upon thirty (30) days written notice in the event (i) Associate does not promptly enter into negotiations to amend this Contract when requested by CE pursuant to this Section, or (ii) Associate does not enter into an amendment to this Contract providing assurances regarding the safeguarding of PHI that CE, in its sole discretion, deems sufficient to satisfy the standards and requirements of the HIPAA Rules. b. Amendment of Attachment A. Attachment A may be modified or amended by mutual agreement of the parties in writing from time to time without formal amendment of this Addendum. 11. Assistance in Litigation or Administrative Proceedings. Associate shall make itself, and any Subcontractors, employees or agents assisting Associate in the performance of its obligations under the Contract, available to CE, at no cost to CE up to a maximum of 30 hours, to testify as witnesses, or otherwise, in the event of litigation or administrative proceedings being commenced against CE, its directors, officers or empi oyees based upon a claimed violation of the HIPAA Rules or other laws relating to security and privacy or PHI, except where Associate or its Subcontractor, employee or agent is a named adverse party. 12. No Third Party Beneficiaries. Nothing express or implied in this Contract is intended to confer, nor shall anything herein confer, upon any person other than CE, Associate and their respective successors or assigns, any rights, remedies, obligations or liabilities whatsoever. 13. Interpretation and Order of Precedence. The provisions of this Addendum shall prevail over any provisions in the Contract that may conflict or appear inconsistent with any provision in this Addendum. Together, the Contract and this Addendum shall be interpreted as broadly as necessary to implement and comply with the HIPAA Rules. The parties agree that any ambiguity in this Contract shall be resolved in favor of a mean ng that complies and is consistent with the HIPAA Rules. This Contract supersedes and replaces any previous separately executed HIPAA addendum between the parties. 14. Survival of Certain Contract Terms. Notwithstanding anything herein to the contrary, Associate's obligations under Section 4(d) ("Effect of Termination") and Section 12 ("No Third Party Beneficiaries") shall survive termination of this Contract and shall be enforceable by CE as provided herein in the event of such failure to perform or comply by the Associate. This Addendum shall remain in effect during the term of the Contract including any extensions. 15. Representatives and Notice. a. Representatives. For the purpose of the Contract, the individuals identified elsewhere in this Contract shall be the representatives of the respective parties. If no representatives are identified in the Contract, the individuals listed below are hereby designated as the parties' respective representatives for purposes of this Contract. Either party may from time to time designate in writing new or substitute representatives. b. Notices. All required notices shall be in writing and shall be hand delivered or given by certified or registered mail to the representatives at the addresses set forth below. Covered Entity Representative Name: Lower Arkansas Valley Area Agency on Aging (LAVAAAI Contact: Kenneth Shearer, Director of LAVAAA Department and Division: Otero County Dept. of Human Serv ces Address: 13 W. 3rd St, Room 110, La Junta, CO 81050 Contractor/Business Associate Representative Name: Prowers Area Transit Contact: Darren Glover Address: 200 East Hickory St, Lamar, CO 81052 ATTACHMENT A This Attachment sets forth additional terms to the HIPAA Business Associate Addendum, which is part of Contract No. PAT-III-B-26, between LAVAAAand Prowers Area Transit, contract year SFY 2026 and is effective on the date signed. This Attachment may be amended from time to time as provided in Section 10(b) of the Addendum. 1. Additional Permitted Uses. In addition to those purposes set forh in Section 2(a) of the Addendum, Associate may use Protected Information as follows: 2. Additional Permitted Disclosures. In addition to those purposes set forth in Section 2(b) of the Addendum, Associate may disclose Protected Information as follows: 3. Subcontractor(s). The parties acknowledge that the following subcontractors or agents of Associate shall receive Protected Information in the course of assisting Associate in the performance of its obligations under this Contract: 4. Receipt. Associate's receipt of Protected Information pursuant to this Contract shall be deemed to occur as follows, and Associate's obligations under the Adc endum shall commence with respect to such PHI upon such receipt: 5. Additional Restrictions on Use of Data. CE is a Business Associate of certain other Covered Entities and, pursuant to such obligations of CE, Associate shall comply with the following restrictions on the use and disclosure of Protected Informaticn: 6. Additional Terms. [This section may include specifications for dsclosure format, method of transmission, use of an intermediary, use of digital signatures or PKI, authentication, additional security of privacy specifications, de-identification or re- identification of data and other additional terms.) Signature of Subcontractor Date Colorado Model BA Provision and Addendum For New or Amended Contracts Rev. May 2013 PROWERS COUNTY AGENDA ITEM REQUEST FORM Hearing Date Requested: 7-8-2025 Submitter: Prowers Area Transit Submitted to the County Administration Office on: 6-30-2025 Return Originals to: Paula Gonzales, Finance Director & Jana Coen Number of originals to return to Submitter: 1 Contract Due Date: Item Ttle/Recommended Board Action: Consider approval of Contract No. PAT-STATE-26 between Lower Arkansas Valley Area Agency on Aging (LAVAAA), includes Option Letter #26-0725 and HIPAA Business Associate Addendum, contract period July 1, 2025 and June 30, 2026, awarding Prowers Area Transit $6,119.00 under Title HII General Fund, and authorizing Chair Ron Cook to execute the documents. Justification or Background: Annual Contract for Prowers Area Transit Fiscal Impact: This item is budgeted in the following account code: County: $ Federal: $ State: $ Other: $ Approved by the County Attorney on: 7-1-2025 Additional Approvals (if required): a lavaaa advocacy action answers on aging CONTRACT Lower Arkansas Valley Area Agency on Aging This contract is made and entered into by and between the named parties. In accordance with the purposes stated herein, it is hereby agreed as follows: AWARDING AGENCY CONTRACT NO. Otero County of Dept. of Human Services PAT-STATE-26 Lower Arkansas Valley Area Agency on Aging 13 W. 3rd Street, Rm. 110, La Junta, CO 81050 AWARD TYPE <X> Init al Award SUBCONTRACTOR <> Revisior of Earlier Contract Prowers Area Transit Issued on: 200 East Hickory St, Lamar, CO 81052 FUNDING SOURCE CONTRACT PERIOD State CFDA# 93.044 July 1, 2025 - June 30, 2026 APPROVED BUDGET FOR CONTRACT PERIOD Budgets will be awarded via Option Letters. SCOPE OF WORK: In accordance with the provisions of this Contrac-, the Contractor shall perform the duties and responsibilities as detailed in the SFY 2025 Annual Plan (Assurance of Compliance and RFP) and Contract (including HIPAA and Indemniication Addendums), Award Letter, and Older Americans Act Rule Manual Volume 10. APPROVALS AWARDING AGENCY: CONTRACTOR: by by Onno Rohole Donna Rohde, Executive Director Authorized Sigrature Otero County Dept. of Human Services Printed Name Title 7 Option Letter #26-0725 lava 1i 121 Contract #: PAT-STATE-26 Lower Arkansas Valley Area Agency on Aging Awarding Agency: Lower Arkansas Valley Area Agency on Aging Contractor: Prowers Area Transit 200 East Hickory St Lamar, CO 81052 Contract Performance Beginning Date: July 1, 2025 Contract Performance Ending Date: June 30, 2026 Amount Awarded on this Option Letter: $5,499.00 Total AAA Funds Awarded on this Contract: $5,499.00 Minimum Matching Funds Required: $611.00 Net Budget Amount*: $6,119.00 * Program Income (Donations) will also be reported, but are not required. Expiration Date of funds awarded on this Option Letter: June 30, 2026 Please note that award, funds not utilized by the Expiration Date, and requested the following month by the date shown on the Contract, will be reclaimed by LAVAAA. This Option Letter allows you to provide services and request reimbursement under the terms of the Contract up to the maximum amount of the award listed here. Otero County Department of Human Services Lower Arkansas Valley Area Agency on Aging Donna Rohde, Executive Director 30Lo By: Donna Rohde Effective Date: 7/1/2025 - lavaaa - HIPAA advocacy action answers on aging BUSINESS ASSOCIATE ADDENDUM Lower Arkansas Valley Area Agency on Aging This Business Associate Addendum ("Addendum") is a part of the Contract No. PAT-STATE-26 between the Lower Arkansas Valley Area Agency on Aging (LAVAAA) and Prowers Area Transit (Subcontractor). for contract year 2026. For purposes of this Addendum, LAVAAA is referred to as "Covered Entity" or "CE" and the Subcontractor is referred to as "Associate". Unless the context clearly requires a distinction between the Contract document and this Addendum, all references herein to "the Contract" or "this Contract" include this Addendum. RECITALS A. CE wishes to disciose certain information to Associate pursuant to the terms of the Contract, some of which may constitute Protected Health Information ("PHI") (defined below). B. CE and Associate intend to protect the privacy and provide for the security of PHI disclosed to Associate pursuant to this Contract in compliance with the Health Insurance Portability and Accountability Act of 1996, 42 U.S.C 5 1320d - 1320d-8 ("HIPAA") as amended by the American Recovery and Reinvestment Act of 2009 ("ARRA'/HITECH Act (P.L. 111-005), and its implementing regu. ations promulgated by the U.S. Department of Health and Human Services, 45 C.F.R. Parts 160, 162 and 164 (the "HIPAA Rules") and other applicable laws, as amended. C. As part of the HIPAA Rules, the CE is required to enter into a writen contract containing specific requirements with Associate prior to the disclosure of PHI, as set forth in, but not limited to, Title 45, Sections 160.103, 164.502(ei and 164.504(e) of the Code of Federal Regulations ("C.F.R.") and contained in this Addendum. The parties agree as follows: 1. Definitions. a. Except as otherwise defined herein, capitalized terms in thes Addendum shall have the definitions set forth in the HIPAA Rules at 45 C.F.R. Parts 160, 162 and 164, as amended. In the event of any conflict between the mandatory provisions of the HIPAA Rules and the provisions of this Contract, the HIPAA Rules shall control. Where the provisions of this Contract differ from those mandated by the HIPAA Rules, but are nonetheless permitted by the HIPAA Rules, the provisions of this Concract shall control. b. "Protected Health Information" or "PHI" means any information, whether oral or recorded in any form or medium: (i) that relates to the past, present or future physical or mental condition of an individual; the provision of health care to an nd vidual; or the past, present or future payment for the provision of health care to an individual; and (i) that identifies the individual or with respect to which there is a reasonable basis to believe the information can be used to dentify the individual, and shall have the meaning given to such term under the HIPAA Rules, including, but not limited to, 45 C.F.R. Section 164.501. C. "Protected Information" shall mean PHI provided by CE tc Associate or created received, maintained or transmitted by Associate on CE's behali. To the extent Associate is a covered entity under HIPAA and creates or obtains its own PHI for treatment, payment and health care operations, Protected Information under th S Contract does not include any PHI created or obtained by Associate as a covered entity and Associate shall follow its own policies and procedures for accounting, access and amencment of Associate's PHI. d. Subcontractor" shall mean a third party to whom Asscciate delegates a function, activity, or service that involves CE's Protected Information, in order to carry out the responsibilities of this Agreement. 2. Obligations of Associate. a. Permitted Uses. Associate shall not use Protected Information except for the purpose of performing Associate's obligations under this Contract and as permitted under this Addendum. Further, Associate shall not use Protected Informaticn in any manner that would constitute a violation of the HIPAA Rules if sO used by CE, except that Associate may use Protected Information: (i) for the proper management and administration of Associate; (ii) to carry out the legal responsibilities of Associate; or (i) for Data Aggregation purposes for the Health Care Operations of CE. Additional provisions, if any, gcverning permitted uses of Protected Information are set forth In Attachment A to this Addendum. Associate accepts full responsibility for any penalties incurred as a result of Associate's breach of the HIPAA Rules. b. Permitted Disclosures. Associate shall not disclose Protected Information in any manner that would constitute a violation of the HIPAA Rules if disclosed by CE, except that Associate may disclose Protected Information: (i) in a manner pe mitted pursuant to this Contract; (ii) for the proper management and administration of Associate; (lii) as required by law; (iv) for Data Aggregation purposes for the Health Care Operations of CE; or (v) to report violations of law to appropriate federal or state author ties, consistent with 45 C.F.R. Section 164.5020)(1). To the extent that Associate discloses Protected Information to a third party Subcontractor, Associate must obtain, prior bo making any such disclosure: (i) reasonable assurances through execution of a written agreament with such third party that such Protected Information will be held confidential as provided pursuant to this Addendum and only disclosed as required by law or for the purposes "or which it was disclosed to such third party; and that such third party will notify Assoziale within two (2) business days of any breaches of confidentiality of the Protected Information, to the extent it has obtained knowledge of such breach. Additional provisions, if any, governing permitted disclosures of Protected Information are set forth in Attachrrent A. C. Appropriate Safequards. Associate shall mplement appropriate safeguards as are necessary to prevent the use or disclosure of Protected Information oth er than as permitted by this Contract. Associate shall comply with the requirements of the HIPAA Security Rule at 45 C.F.R. Sections 164.308, 164.310, 164.312, and 164.316. Assodate shall maintain a comprehensive written information privacy and security program that includes administrative, technical and physical safeguards appropriate to the siz2 and complexity of the Associate's operations and the nature and scope of its activities. Associate shall review, modify, and update documentation of, its safeguards as needed to ensure continued provision of reasonable and appropriate protection of Protected Information. d. Reporting of Improper Use or Disclosure. Associate shall report to CE in writing any use or disclosure of Protected Information other than as previded for by this Contract within five (5) business days of becoming aware of such use o disclosure. e. Associate's Agents. If Associate uses one or more Subcontractors or agents to provide services under the Contract, and such Subcontractors or age nts receive or have access to Protected iInformation, each Subcontractor or agent shall 5 gn an agreement with Associate containing the same provisions as this Addendum and further identifying CE as a third party beneficiary with rights of enforcement and indemnification from such Subcontractors or agents in the event of any violation of such Subcontractor or agent agreement. The Agreement between the Associate and Subcontractor or agent shall ensure that the Subcontractor or agent agrees to at least the same restricticns and conditions that apply to Associate with respect to such Protected Information. Associate shall implement and maintain sanctions against agents and Subcontractors that violate such restrictions and conditions and shall mitigate the effects of any such violation. f. Access to Protected Information. If Associate maintains P-otected Information contained within CE's Designated Record Set, Associate shall make Protected Information maintained by Associate or ts agents or Subcontractors in such Designated Record Sets available to CE for inspection and copying within ten (10) business days of a request by CE to enable CE to fulfill its obligations to permit individual access to PHI under the HIPAA Rules, including, but not limited to, 45 C.F.R. Section 164,524. If such Protected Information is maintained by Associate in an electronic form or formar, Associate must make such Protected Information available to CE in a mutually agreec upon electronic form or format. 9. Amendment of PHI. If Associate maintains Protected Irformation contained within CE's Designated Record Set, Associate or its agents or Subcontrac:ors shall make such Protected Information available to CE for amendment within ten (1C) business days of receipt of a request from CE for an amendment of Protected Information or a record about an individual contained in a Designated Record Set, and shall incorporate any such amendment to enable CE to fulfill its obligations with respect to requests by individuals to amend their PHI under the HIPAA Rules, including, but not limited to, 45 C.F.R. Section 164.526. If any individual requests an amendment of Protected Information directly from Associate or its agents or Subcontractors, Associate must notify CE in writing within five (5) business days of receipt of the request. Any denial of amendment of Protected Information maintained by Associate or its agents or Subcontractors shall be the responsibility of CE. h. Accounting Rights. If Associate maintains Protected Information contained within CE's Designated Record Set, Associate and its agents or Subcontractors shall make available to CE within ten (10) business days of notice by CE, the information required to provide an accounting of disclosures to enable CE to fulfill its obligations under the HIPAA Rules, including, but not limited to, 45 C.F.R. Section 164.528. In the event that the request for an accounting is delivered directly to Associate or its agents or Subcontractors, Associate shall within five (5) business days of the receipt of the request forward it to CE in writing. It shall be CE's responsibility to prepare and deliver any such accounting requested. Associate shall not disclose any Protected Information except as set forth in Section 2(b) of this Addendum. i. Governmental Access to Records. Associate shall keep records and make its internal practices, books and records relating to the use and disclosure of Protected Information available to the Secretary of the U.S. Department of Health and Human Services (the Secretary"), in a time and manner designated by the Secretary, for purposes of determining CE's or Associate's compliance with the HIPAA Rules. Associate shall provide to CE a copy of any Protected Information that Associate provides to the Secretary concurrently with providing such Protected Information to the Secretary when the Secretary is investigating CE. Associate shall cooperate with the Secretary if the Secretary undertakes an investigation or compliance review of Associate's policies, procedures or practices to determine whether Associate is complying with the HIPAA Rules, and permit access by the Secretary during normal business hours to its facilities, books, records, accounts, and other sources of information, including Protected Information, that are pertinent to ascertaining compliance. j. Minimum Necessary: Associate (and its agents or subcontractors) shall only request, use and disclose the minimum amount of Protected Information necessary to accomplish the purpose of the request, use or disclosure, in accordance with the Minimum Necessary requirements of the HIPAA Rules including, but not limited to 45 C.F.R. Sections 164.502(b) and 164.514(d). k. Data Ownership. Associate acknowledges that Associate has no ownership rights with respect to the Protected Information. I. Retention of Protected Information. Except upon termination of the Contract as provided in Section 4(d) of this Addendum, Associate and its Subcentractors or agents shall retain all Protected Information throughout the term of this Cont-ac: and shall continue to maintain the information required under Section 2(h) of this Addendun for a period of six (6) years. m. Associate's Insurance. Associate shall maintain insurance to cover loss of PHI data and claims based upon alleged violations of privacy rights through improper use or disclosure of PHI. All such policies shall meet or exceed the minimum insurance requirements of the Contract (e.g., occurrence basis, combined single dollar limits, annual aggregate dollar limits, additional insured status and notice of cancellation). n. Notice of Privacy. Practices. Associate shall be responsible for reviewing CE's Notice of Privacy Practices, available on CE's external website, to de:ermine any requirements applicable to Associate per this Contract. 0. Notification of Breach. During the term of this Contract, Associate shall notify CE within two (2) business days of any suspected or actual breach oF security, intrusion or unauthorized use or disclosure of PHI and/or any actual or suspected use or disclosure of data in violation of any applicable federal or state laws or regulations. Associate shall not initiate notification to affected individuals per the HIPAA Rules without prior notification and approval of CE. Information provided to CE shall include the identification of each individual whose unsecured PHI has been, or IS reasonably believed to have been accessed, acquired or disclosed during the breach. Associate shall take () prompt corrective action to cure any such deficiencies and (ii) any action pertaining to such unauthorized disclosure required by applicable federal and state laws and regulations. p. Audits, Inspection and Enforcement. Within ten (10) tusiness days of a written request by CE, Associate and its agents or subcontractors shall allow CE to conduct a reasonable inspection of the facilities, systems, books, records, agreements, policies and procedures relating to the use or disclosure of Protected Information pursuant to this Addendum for the purpose of determining whether Associate has complied with this Addendum; provided, however, that: (1) Associate and CE shall mutually agree in advance upon the scope, timing and location of such an inspection; and (ii) CE sha all protect the confidentiality of all confidential and proprietary information of Associate to which CE has access during the course of such inspection. The fact that CE inspects, 0"1 fails to inspect, or has the right to inspect, Associate's facilities, systems, books, records, agreements, policies and procedures does not relieve Associate of its responsibility to comply with this Addendum, nor does CE's (i) failure to detect or (ii) detection, but fai ure to notify Associate or require Associate's remediation of any unsatisfactory practices, constizute acceptance of such practice or a waiver of CE's enforcement rights under the Contract. q. Safeguards During Transmission. Associate shall be responsible for using appropriate safeguards, including encryption of PHI, to maintain and ensure the confidentiality, ntegrity and security of Protected Information transm tted pursuant to the Contract, in accordance with the standards and requirements of the HIPAA Rules, r. Restrictions and Confidential Communications. Within ten (10) business days of notice by CE of a restriction upon uses or disclosures or request for confidential communications pursuant to 45 C.F.R. Section 164.522, Associate will restrict the use or disclosure of an individual's Protected Information. Associate will not respond directly to an individual's requests to restrict the use or disclosure of Protected Inform ation or to send all communication of Protect Information to an alternate address. Assodate will refer such requests to the CE so that the CE can coordinate and prepare a t mely response to the requesting individual and provide direction to Associate. 3. Obligations of CE. a. Safeguards During Transmission. CE shall be responsible for using appropriate safeguards, including encryption of PHI, to maintain and ensure the confidentiality, integrity and security of Protected Information transmitted pursuant to the Contract, in accordance with the standards and requirements of the HIPAA Rules. b. Notice of Changes. CE maintains a copy of its Notice of Frivacy Practices on its website. CE shall provide Associate with any changes in, or revocation of, permission to use or disclose Protected Information, to the extent that it may affect Associate's permitted or required uses or disclosures. To the extent that it may affect Associate's permitted use or disclosure of PHI, CE shall notify Associate of any restriction on the use or disclosure of Protected Information that CE has agreed to in accordance with 45 C.F.R. Section 164.522. 4. Termination. a. Material Breach. In addition to any other provisions in the Contract regarding breach, a breach by Associate of any provision of this Addendum, as determined by CE, shall constitute a material breach of this Contract and shall provide grour nds for immediate termination of this Contract by CE pursuant to the provisions of the Con:ract covering termination for cause, if any. If the Contract contains no express provisions regarding termination for cause, the following terms and conditions shall apply: (1) Default. If Associate refuses or fails to timely perform any of the provisions of this Contract, CE may notify Associate in writing of the non-performance, and if not promptly corrected within the time specified, CE may terminate th S Contract. Associate shall continue performance of this Contract to the extent it is not terminated and shall be liable for excess costs incurred in procuring similar goods or services elsewhere. (2) Associate's Duties. Notwithstanding termination of this Contract, and subject to any directions from CE, Associate shall take timely, reasonable and necessary action to protect and preserve property in the possession of Associate in which CE has an interest. (3) Compensation. Payment for completed supplies delivered and accepted by CE shall be at the Contract price. In the event of a material breach under paragraph 4a, CE may withhold amounts due Associate as CE deems necessary to protect CE against loss from third party claims of improper use or disclosure and to reimburse CE for the excess costs incurred in procuring similar goods and services elsewhere. (4) Erroneous Termination for Default. If after such termination it is determined, for any reason, that Associate was not in default, or that Associate's action/inaction was excusable, such termination shall be treated as a termination for convenience, and the rights and obligations of the parties shall be the same as if this Contract had been terminated for convenience, as described in this Contract. b, Reasonable Steps to Cure Breach. If CE knows of a pattern of activity or practice of Associate that constitutes a material breach or violation of the Associate's obligations under the provisions of this Addendum or another arrangement and does not terminate this Contract pursuant to Section 4(a), then CE shall take reasonable steps to cure such breach or end such violation.. If CE's efforts to cure such breach or end such violation are unsuccessful, CE shall either (i) terminate the Contract, if feasible or (ii) if termination of this Contract is not feasible, CE shall report Associate's breach or violation to the Secretary of the Department of Health and Human Services. If Associate knows of a pattern of activity or practice of a Subcontractor or agent that constitutes a material breach or violation of the Subcontractor's or agent's obligations under the written agreement between Associate and the Subcontractor or agent, Associate shall take reasonable steps to cure such breach or end such violation, if feasible. C. Judicial or Administrative Proceedings. Either party ma ay terminate the Contract, effective immediately, if (i) the other party is named as a defendant in a criminal proceeding for a violation of the HIPAA Rules or other security or privacy laws or (li) a finding or stipulation that the other party has violated any standard or requirement of the HIPAA Rules or other security or privacy laws IS made in any administrative or civil proceeding in which the party has been joined. d. Effect of Termination. (1) Except as provided in paragraph (2) of this subsection, upon termination of this Contract, for any reason, Associate shall return or destroy all Protected Information that Associate or its agents or Subcontractors still maintain in any form, and shall retain no copies of such Protected Information. If Associate elects c0 destroy the PHI, Associate shall certify in writing to CE that such PHI has been destroved. (2) If Associate believes that returning or destroying the Protected Information is not feasible, Associate shall promptly provide CE notice of the conditions making return or destruction infeasible. Associate shall continue to extend the protections of Sections 2(a), 2(b), 2(c), 2(d) and 2(e) of this Addendum to such Protected Information, and shall limit further use of such PHI to those purposes that make the return or destruction of such PHI infeasible. 5. Injunctive Relief. CE shall have the right to injunctive and other equitable and legal relief against Associate or any of its Subcontractors or agents in the Event of any use or disclosure of Protected Information in violation of this Contract or applicable law. 6. No Waiver of Immunity. No term or condition of this Contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions of the Colorado Governmental Immunizy Act, CRS 24-10-101 et seq. or the Federal Tort Claims Act, 28 U.S.C. 2671 et seq. as appl cable, as now in effect or hereafter amended. 7. Limitation of Liability. Any limitation of Associate's liability in the Contract shall be inapplicable to the terms and conditions of this Addendum. 8. Disclaimer. CE makes no warranty or representation that compliance by Associate with this Contractor the HIPAA Rules will be adequate or satisfactory for Associate's own purposes. Associate is solely responsible for all decisions made by Associate regarding the safeguarding of PHI. 9. Certification. To the extent that CE determines an examination is necessary in order to comply with CE's legal obligations pursuant to the HIPAA Rules relating to certification of its security practices, CE or its authorized agents or contractors, may, at CE's expense, examine Associate's facilities, systems, procedures and records as may be necessary for such agents or contractors to certify to CE the extent to which Associate's security safeguards comply with the HIPAA Rules or this Addendum. 10. Amendment. a. Amendment to Comply with Law. The parties acknowiedge that state and federal laws relating to data security and privacy are rapidly evolving and that amendment of this Addendum may be required to provide for procedures to ensure compliance with such developments. The parties specifically agree to take such action as IS necessary to implement the standards and requirements of the HIPAA Rules and other applicable laws relating to the confidentiality, integrity, availability and security of PHI. The parties understand and agree that CE must receive satisfactory written assurance from Associate that Associate will adequately safeguard all Protected Information and tat it is Associate's responsibility to receive satisfactory written assurances from Associa:e's Subcontractors and agents. Upon the request of either party, the other party agrees to promptly enter into negotiations concerning the terms of an amendment to this Addendum embodying written assurances consistent with the standards and requirements of the HIPAA Rules or other applicable laws. CE may terminate this Contract upon thirty (30) days written notice in the event (i) Associate does not promptly enter into negotiations to amend this Contract when requested by CE pursuant to this Section, or (ii) Associate does not enter into an amendment to this Contract providing assurances regarding the safeguarding of PHI that CE, in its sole discretion, deems sufficient to satisfy the standards and requirements of the HIPAA Rules. b. Amendment of Attachment A. Attachment A may be modified or amended by mutual agreement of the parties in writing from time to time without formal amendment of this Addendum. 11. Assistance in Litigation or Administrative Proceedings. Associate shall make itself, and any Subcontractors, employees or agents assisting Associate in the performance of its obligations under the Contract, available to CE, at no cost to CE up to a maximum of 30 hours, to testify as witnesses, or otherwise, in the event of litigation or administrative proceedings being commenced against CE, its directors, officers or employees based upon a claimed violation of the HIPAA Rules or other laws relating to security and privacy or PHI, except where Associate or its Subcontractor, employee or agent is a narred adverse party. 12. No Third Party Beneficiaries. Nothing express or implied in this Contract IS intended to confer, nor shall anything herein confer, upon any person other than CE, Associate and their respective successors or assigns, any rights, remedies, obligations or liabilities whatsoever. 13. Interpretation and Order of Precedence. The provisions of this Adjendum shall prevail over any provisions in the Contract that may conflict or appear inconsistent with any provision in this Addendum. Together, the Contract and this Addendum shall be interpreted as broadly as necessary to implement and comply with the HIPAA Rules. The parties agree that any ambiguity in this Contract shall be resolved in favor of a meaning that complies and is consistent with the HIPAA Rules. This Contract supersedes and replaces any previous separately executed HIPAA addendum between the parties. 14. Survival of Certain Contract Terms. Notwithstanding anything herein to the contrary, Associate's obligations under Section 4(d) ("Effect of Termination") and Section 12 ("No Third Party Beneficiaries") shall survive termination of this Contract and shall be enforceable by CE as provided herein in the event of such failure to perform or com ply by the Associate. This Addendum shall remain in effect during the term of the Contract including any extensions. 15. Representatives and Notice. a. Representatives. For the purpose of the Contract, the individuals identified elsewhere in this Contract shall be the representatives of the respective parties. If no representatives are identified in the Contract, the individuals listed belcw are hereby designated as the parties' respective representatives for purposes of th S Contract. Either party may from time to time designate in writing new or substitute representatives. b. Notices. All required notices shall be in writing and shall be hand delivered or given by certified or registered mail to the representatives at the addresses set forth below. Covered Entity Representative Name: Lower Arkansas Valley Area Agency on Aging (LAVAAA) Contact: Kenneth Shearer, Director of LAVAAA Department and Division: Otero County Dept. of Human Services Address: 13 W. 3rd St, Room 110, La Junta, CO 81050 Contractor/Business Associate Representative Name: Prowers Area Transit Contact: Darren Glover Address: 200 East Hickory St, Lamar, CO 81052 ATTACHMENT A This Attachment sets forth additional terms to the HIPAA Business Associate Addendum, which is part of Contract No. PAT-STATE-26, between LAVAAAand Prowers Area Transit, contract year SFY 2026 and is effective on the date signed. This Attachment may be amended from time to time as provided in Sectior 10(b) of the Addendum. 1. Additional Permitted Uses. In addition to those purposes set forth in Section 2(a) of the Addendum, Associate may use Protected Information as follows: 2. Additional Permitted Disclosures. In addition to those purposes set forth in Section 2(b) of the Addendum, Associate may disclose Protected Information as follows: 3. Subcontractor(s). The parties acknowledge that the following subcontractors or agents of Associate shall receive Protected Information in the course of assisting Associate in the performance of its obligations under this Contract: 4. Receipt. Associate's receipt of Protected Information pursuant to this Contract shall be deemed to occur as follows, and Associate's obligations under the Acdendum shall commence with respect to such PHI upon such receipt: 5. Additional Restrictions on Use of Data. CE is a Business Associate of certain other Covered Entities and, pursuant to such obligations of CE, Associate shall comply with the rollowing restrictions on the use and disclosure of Protected Information: 6. Additional Terms. (This section may include specifications fo- disclosure format, method of transmission, use of an intermediary, use of digital signatures or PKI, authentication, additional security of privacy specifications, de-ident.fication or re- dentification of data and other additional terms.] Signature of Subcontractor Date Colorado Model BA Provision and Addendum For New or Amended Contracts Rev. May 2013 PROWERS COUNTY AGENDA ITEM REQUEST FORM Hearing Date Requested: 7-8-2025 Submitter: Prowers Area Transit Submitted to the County Administration Office on: 7-1-2025 Return Originals to: N/A Number of originals to return to Submitter: N/A Contract Due Date: Item Title/Recommended Board Action: Consider approval to acknowledge Contract No. PAT-III-B-25 between Lower Arkansas Valley Area Agency on Aging (LAVAAA), included Option Letter #26-0724 and HIPAA Business Associate Addendum, contract period July 1, 2024 -June 30, 2025, awarded Prowers Area Transit $23,343.00 under Title III-B. Justification or Background: Annual Contract for Prowers Area Transit Fiscal Impact: This item is budgeted in the following account code: County: $ Federal: $ State: $ Other: $ Approved by the County Attorney on: 7-1-2025 Additional Approvals (if required): PROWERS COUNTY AGENDA ITEM REQUEST FORM Hearing Date Requested: 7-8-2025 Submitter: Prowers Area Transit Submitted to the County Administration Office on: 7-1-2C25 Return Originals to: N/A Number of originals to return to Submitter: N/A Contract Due Date: Item Title/Recommended Board Action: Consider approval to acknowledge Contract No. PAT STATE-25 beween Lower Arkansas Valley Area Agency on Aging (LAVAAA), included Option Letter #26-0724 and HIPAA Business Associate Addendum, contract period July 1, 2024 -June 30, 2025, awarded Prowers Area Transit $6,676 00 under Title II General Fund. Justification or Background: Annual Contract for Prowers Area Transit Fiscal Impact: This item is budgeted in the following accoumt code: County: $ Federal: $ State: $ Other: $ Approved by the County Attorney on: 7-1-2025 Additional Approvals (if required): PROWERS COUNTY AGENDA ITEM REQUEST FORM Hearing Date Requested: 07/08/2025 Submitter: Meagan Hillman, PCPHE Director Submitted to the County Administration Office on:07/01/2025 Return Originals to: Meagan Hillman, PCPHE Number of originals to return to Submitter:1 Contract Due Date: MOU due upon signature Item Tite/Recommended Board Action: Consider approval for Memorandum ofUnderstanding between Prowers County Public Health & Environment and Rise Above Colorado, effective for July 1, 2025 through June 30, 2026 and authorizing Public Health Director, Meagan Hillman to execute the MOU. Justification or Background: This is our MOU with Rise Above who works with our youth council Fiscal Impact: This item is budgeted in the following account code: County: $ Federal: $ State: $ Other: $ Approved by the County Attorney on: 7-1-2025 Additional Approvals (if required): PLEASE ATTACH THIS SHEET TO ALL AGENDA ITEMS WHEN SUBMITTING TO COUNTY ADMINISTRATION. THANK YOU! Rise Above Colorado & Prowers County MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding ("MOU") reflects the understandings and agreements of the Colorado Meth Project, Inc., doing business as Rise Above Colorado ("RAC") and Prowers County Public Health and Environment and The HOPE Center. This MOU conçerns the roles and responsibilities of the parties in the advancement of a youth social norming campaign through the Fill Your World With Good Tour, made possible through a Substance Abuse Block Grant offered by the Colorado Department of Public Health & Environment. The MOU is effective for the grant year beginning July 1, 2025 through June 30, 2026. Partners in Prowers will focus its involvement in the co-creation, planning and implementation of its tour stop on the 2025-26 Fill Your World With Good Tour. Partner communities will receive additional funds to implement these strategies in their communities. Given our shared intentions, the parties agree to the following goals for this collaboration: Work together to bring the social norming campaign to youth in each selected community, building opportunities for youth to engage in prevention activities and educational resources during and after the tour stop, with an ultimate goal of closing the gap of substance use misperception Participate in the creation of a mosaic-style mural by completing one part of a nine-piece mural during the tour stop, with the final product to be unveiled at the #IRiseAbove Celebration in late February/March. In support of achieving these outcomes, the parties commit to responsibilities that include (but are not limited to) the following elements during the grant period: Rise Above Colorado Responsibilities: Dedicate saturation-leve! localized Fill Your World With Good messaging to your community to ensure reach and awareness RAC will promote the community in its social media platforms before, during and after the RAC tour stop During the tour stop, RAC will showcase the way the community embraces the "Fill Your World With Good" social norming campaign, including: Storytelling and elevating the work of local youth-serving prevention partners, including video content to be used for social media posts and the culminating statewide tour event (#IRiseAbove Celebration) Engaged community youth will participate in an RAC-led social norming poster-making workshop, including the painting of the community's piece of the Fill Your World With Good Tour mural Promote the communities on the tour on RAC's website Provide subject matter expertise and technical assistance around best practices for youth substance misuse prevention, including social and digital media, positive youth development, youth expression through art, prevention science, educational resources, community-based processes, and environmental strategies. Commit a $1,000 mini-grant for ongoing efforts by each community and the implementing partners to promote the social norming campaign. The event can be youth-only or a combined youth-adult focus. These funds can also be used to support events happening as a part of the tour stop. Provide leadership opportunities for youth in each partner community through Rise Above's Teen Action Council. Community Partner Responsibilities: Work with Rise Above staff to promote, support and implement Fill Your World With Good campaign efforts including, when possible, integrating social norming messaging into local events. Engage a local group of engaged youth to champion the project and participate in the tour stop activities (e.g. local teen council, Sources of Strength peer leader group, student council, etc.), including RAC-led poster- making workshop and painting of the community's piece of the Tour mural Identify opportunities to embed RAC's educational resources in schools or communities that can be sustainable beyond the tour stop Send a community representative to attend the culminating #IRiseAbove Celebration event (travel expenses reimbursed by RAC) Participate in the Fill Your World With Good Tour learning community, which will include periodic virtual sessions to share best practices, lessons learned, and barriers in the execution of the campaign CO- creation/mplementation. Attend RAC's annual Constellation Partner Summit (Sept. 8, 2025). RAC will cover travel costs for up to 2 members of Partner community to attend. Provide local context and co-create messaging for the Fill Your World With Good campaign when applicable. Share Fill Your World With Good Tour campaign content, organically or paid, from Rise Above's social media platforms or the pre-created content calendars. Promote opportunities for local youth to serve on the statewide RAC Teen Action Council. RAC will reserve a place on its Teen Action Council each year for the Partner community in order to better connect future youth engagement efforts. This agreement may be terminated by either party at any time for any reason with 60 days advance notice. In Pertorming this MOU, the following are the primary responsible managers: Rise Above Colorado Prowers County Public Health and Environment Kent MacLennan Executive Director The parties execute this Memorandum of Understanding on the dates below: RAC Prowers County Public Health and Environment et ne By: Date: 6/15/2025 By: Date: PROWERS COUNTY AGENDA ITEM REQUEST FORM Hearing Date Requested: 7-8-25 Submitter: Michelle Hiigel, Land Use Administrator Submitted to the County Administration Office on: 7-2-25 Return Originals to: N/A Number of originals to return to Submitter: N/A Contract Due Date: Item Tile/Recommended Board Action: Consider approval of appointing one (1) Member to the Prowers County Planning Commission Board to fill the remaining term, to expire January 2027. Justification or Background: Fiscal Impact: This item is budgeted in the following account code: County: $ Federal: $ State: $ Other: $ Approved by the County Attorney on: Additional Approvals (if required): PROWERS COUNTY AGENDA ITEM REQUEST FORM Hearing Date Requested: July 8, 2025 Submitter: Staffon Warn, Rural Fire Chief Submitted to the County Administration Office on: July 2, 2025 Return Originals to: Staffon Warn & Jana Coen Number of originals to return to Submitter: 1 Contract Due Date: Item Tite/Recommended Board Action: Consider approval of Memorandum of Agreement Fiscal Agent and Reimbursement Agreement with the following counties: Baca, Otero, Crowley, Bent, Prowers, and Kiowa on Homeland Security Funds and authorizing Chairman Ron Cook to execute the Agreement. Justification or Background: Southeast Homeland Security Grants are utilized for equipment for various increased response capability improvements. The SEHS board is comprised of all Emergency Managers in the 6 County Region of Baca, Bent, Kiowa, Otero, Crowley and Prowers Counties. With the current changes in the Federal Government we have a 2 month window to spend funds from various annual grants. Funding from this will provide a new outdoor warning siren, EOC equipment and communications equipment for the county. Fiscal Impact: This item is budgeted in the following account code: County: $ 0 Federal: $ State: $ Other: $ Approved by the County Attorney on: 7-2-2025 Additional Approvals (if required): PLEASE ATTACH THIS SHEET TO ALL AGENDA ITEMS WHEN SUBMITTING TO COUNTY ADMINISTRATION. THANK YOU! MEMORANDUM OF AGREEMENT FISCAL AGENT AND REIMBURSEMENT AGREEMENT This Agreement is made this day of July, 2025 between the Boards of County Commissioners of the following counties; Baca, Otero, Crowley, Bent, Prowers and Kiowa regarding the Southeast Region of the Colorado All Hazards Board ("Southeast Region"). RECITALS WHEREAS, Baca County has agreed to act as Fiscal Agent for the Southeast Region, and WHEREAS, most of the funding for the Southeast Region is by Federal Grants, and WHEREAS, said grants are reimbursement grants meaning that the funds are expended for such projects and equipment as approved by the board, paid for by the fiscal agent and reimbursed under the grant provisions, and WHEREAS, said it is possible that said allocation of the grant funds from Homeland Security could be clawed back, and in any event, the Southeast Region has approximately $500,000.00 in funding that must be utilized by September, 2025 or said funding may be lost, and WHEREAS, Baca County has adopted a Procurement Policy designed to ensure a quick review and funding of the equipment and projects contemplated by the Southeast Region, and WHEREAS, the parties agree that in the event that said funding is clawed back leaving Baca County without reimbursement, that the other members of the Southeast Region shall contribute said funds back to Baca County to ensure that Baca County will not be harmed in its role as fiscal agent. NOW THEREFORE, the parties agree as follows: 1. Baca County agrees to act as a fiscal agent for the Southeast Region and to work towards the funding of the projects contemplated pursuant to its Procurement Policy and in accordance with the grant award. 2. Each party will provide the Southeast Region Board and Baca County with all information necessary for the projects and for the Southeast Region Board to prepare all scopes and reports as required by the funding of the projects as well as maintaining all records as necessary under the grant agreement. 3. Baca County will submit all payments as necessary under the grant and approved by the Southeast Region Board as required under the grant and Board and the parties hereto will assist Baca County in appropriately submitted all documentation required in a request for reimbursement of the funds spent pursuant to this Agreement. 4. If the event that funds are clawed back, any amounts expended by Baca County on behalf of another county will be reimbursed by that county on a prorated or project-specific basis, according to each project's composition. So, done the effective date above: Baca County BOCC Bent County BOCC Crowley County BOCC Kiowa County BOCC Otero County BOCC Prowers County BOCC