Board of MESA COUNTY AGENDA

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MONDAY August 19, 2013 ADMINISTRATION HEARING 544 Rood Avenue, Public Hearing Room 9:05 a.m. Call Meeting to Order: Deletions from Agenda: Additions to Agenda: Approval of Minutes: 1. Administration Hearing, August 5, 2013 Presentations: 1. Proclamation – Safety Net Clinic Week, August 19-23, 2013 2. Proclamation – Recognition of Reid Austin Commissioners' Reports: **CONSENT AGENDA** The Consent Agenda is intended to allow the Board to spend its time on more complex items. These items are generally perceived as non-controversial and can be approved by a single motion. The public or the Board members may ask that an item be removed from the Consent Agenda for individual consideration. 1. Approve a Bank of America Corporate Card Service Agreement and Schedule of Fees and Charges and authorize the Chair to sign. (Marcia Arnhold, Finance.) 2. Approve the County-wide Email Policy, effective August 19, 2013, for Mesa County’s electronic messaging services. (Frank Whidden, Information Technology.) 3. Approve the Public Trustee’s 2 nd Quarter Report for 2013. (Mike Moran, Mesa County Public Trustee.) 4. Adopt a Resolution appointing an Advisory Council for the Mesa Community Center Public Improvement District. (Lyle Dechant, County Attorney.) **END OF CONSENT ITEM(S)** Board of MESA COUNTY COMMISSIONERS AGENDA **PLEASE NOTE: THERE IS LIMITED FREE PUBLIC PARKING ON THE SOUTHEAST CORNER OF 6 TH STREET AND WHITE AVENUE**

Transcript of Board of MESA COUNTY AGENDA

MONDAY

August 19, 2013

ADMINISTRATION HEARING 544 Rood Avenue, Public Hearing Room

9:05 a.m. Call Meeting to Order: Deletions from Agenda: Additions to Agenda: Approval of Minutes:

1. Administration Hearing, August 5, 2013 Presentations:

1. Proclamation – Safety Net Clinic Week, August 19-23, 2013 2. Proclamation – Recognition of Reid Austin

Commissioners' Reports:

**CONSENT AGENDA** The Consent Agenda is intended to allow the Board to spend its time on more complex items. These items are generally perceived as non-controversial and can be approved by a single motion. The public or the Board members may ask that an item be removed from the Consent Agenda for individual consideration.

1. Approve a Bank of America Corporate Card Service Agreement and Schedule of Fees and Charges and authorize the Chair to sign. (Marcia Arnhold, Finance.)

2. Approve the County-wide Email Policy, effective August 19, 2013, for Mesa County’s electronic messaging services. (Frank Whidden, Information Technology.)

3. Approve the Public Trustee’s 2nd Quarter Report for 2013. (Mike Moran, Mesa County Public Trustee.)

4. Adopt a Resolution appointing an Advisory Council for the Mesa Community Center

Public Improvement District. (Lyle Dechant, County Attorney.)

**END OF CONSENT ITEM(S)**

Board of MESA COUNTY

COMMISSIONERS

AGENDA

**PLEASE NOTE: THERE IS LIMITED FREE PUBLIC PARKING ON THE SOUTHEAST CORNER

OF 6TH STREET AND WHITE AVENUE**

BOCC August 19, 2013 Page 2 of 2

**ITEM(S) NEEDING INDIVIDUAL CONSIDERATION**

1. Authorize the Purchasing Agent to begin negotiations with Community Hospital for employee clinic services and provision of an exclusive provider network for Mesa County's health plan with an expected contract start date of January 1, 2014.

**END OF ITEM(S) NEEDING INDIVIDUAL CONSIDERATION**

**BRIEFING ITEM(S)**

None.

**END OF BRIEFING ITEM(S)** UNSCHEDULED BUSINESS: Please present your comments within ten (10) minutes. THE BOARD MAY TAKE A LUNCH BREAK AT NOON IF THE MEETING IS NOT COMPLETED BY THAT TIME.

END CERTIFICATION OF POSTING

On August 14, 2013 at 4:00 p.m., Victoria Patsantaras did post the above AGENDA as public notice of the August 19, 2013 meeting. The official notice is placed on the East Entrance bulletin board at 544 Rood Avenue, Grand Junction, CO and a courtesy copy added to the Mesa County website at www.mesacounty.us/BoCCagendas/ ------------------------------------------------------------- Victoria Patsantaras

Safety Net Clinic Week 2013

August 19 -23, 2013

WHEREAS, there are 45 Community Safety Net Clinics (CSNC) including MARILLAC

CLINIC here in Mesa County, and 50 federally certified Rural Health Clinics (RHC) located throughout Colorado; and

WHEREAS, these clinics were created by civic-minded individuals, health care

professionals and systems, churches and other community organizations who recognized that there are countless individuals that are in need of access to medical services; and

WHEREAS, Colorado’s CSNCs and RHCs provide an estimated 750,000 visits to

approximately 300,000 Colorado residents annually, many in rural parts of our state; and

WHEREAS, these clinics provide essential medical treatment and preventive services to

vulnerable populations in communities throughout our state; and

WHEREAS, CSNCs and RHCs are safety net providers, serving a majority of patients who are uninsured or underinsured; and

WHEREAS, CSNCs and RHCs receive very little, if any government funding; instead

they rely on a complex and vulnerable funding stream; and WHEREAS, The 45 identified CSNCs clinics often lack human and technical resources,

but are creating innovative solutions to delivering patient-centered, high quality care in an efficient and effective manner each year; and

NOW, THEREFORE, BE IT RESOLVED that Mesa County Commissioners recognize that Community Safety Net Clinics and federally certified Rural Health Clinics provide essential vital healthcare services to Colorado’s underserved populations; and express our appreciation and gratitude to all these clinics, especially Marillac Clinic here in Mesa County, who dedicate their time, energy and resources to serving their communities; and proclaim the week of August 19 through 23, 2013 as Safety Net Clinic week in Mesa County. IN WITNESS WHEREOF, We hereunto set our hands and cause to be affixed the official seal of Mesa County this 19th day of August 2013.

Mesa County Board of Commissioners

Steve Acquafresca

Rose Pugliese

John Justman

WHEREAS, Mesa County is home to Reid Austin, a twelve year old Holy Family

School student possessing amazing talent, dedication and drive; and WHEREAS, The Commissioners joined the State of Colorado and other entities

to designate June, 2013 as Bike Month, to celebrate bicycling for transportation, fun and health, and called upon the citizens of Mesa County to engage in bicycling activities; and

WHEREAS, Reid Austin rides BMX bikes at the BMX track at the Mesa County

Fairgrounds at Veteran’s Memorial Park, trains with a trainer at Cross Fit Red, dedicates many hours a week to riding and training, including four hours a day on weekends; and

WHEREAS, Reid Austin and his family travel to many unique places in the

United States and world-wide, to provide him with the challenge and experience of riding BMX against other competitive riders; and

WHEREAS, In June 2013, Reid Austin competed in the National Twelve-and-

Under event in Nashville, Tennessee, where he won top spot “12 year old expert rider” and advanced to World Championships in New Zealand, where 64 riders competed. Reid Austin won the World event, now holding the title BMX Cycling World Champion, and

WHEREAS, Reid Austin’s accomplishment, earned by hard work, dedication and

drive is an example to all, and the dream of Reid Austin to go to the Olympics, for which he will train over the next several years, is a goal the Commissioners wish to support and encourage; and

NOW, THEREFORE, BE IT RESOLVED that Mesa County Commissioners offer their congratulations and encouragement to Reid Austin and extend this encouragement to all aspiring athletes to engage in their chosen sport, and call upon all its citizens to recognize the importance of families, community involvement, and healthy activities, such as participating in bicycling activities, and other sport, for improved health and community wellbeing. IN WITNESS WHEREOF, We hereunto set our hands and cause to be affixed the official seal of Mesa County this 19th day of August 2013.

Mesa County Board of Commissioners

Steve Acquafresca

Rose Pugliese

John Justman

Hearing Date Requested:___08/12/2013_______

Date Submitted:_____08/01/2013___________

From:__Marcia Arnhold____Extension:__1843__

Presenter:___Marcia Arnhold___________________

Agenda Category:

Consent:_X___Consideration:______Briefing:____

TO: MESA COUNTY COMMISSIONERS

TITLE OF ITEM: _______Corporate Card Service Agreement___________________________________________________________________

RECOMMENDED BOARD ACTION: Approve and sign a Bank of America Corporate Card Service Agreement and Schedule of Fees and Charges.

JUSTIFICATION/BACKGROUND:

Mesa County issued an RFP for Procurement Card Services and Corporate Card Payments and received 6 responses. A committee which included: the Treasurer, IT, Purchasing, and Finance representatives was formed to evaluate the proposals with Bank of America selected as the successful bidder.

Bank of America is offering the Mid-America Government Purchase Card cooperative rebate program leveraging the County’s Purchase Card volume and Corporate Card Payments along with the aggregate spend of other members.

Procurement Card Program (p-cards) Will replace our current p-card agreement with Wells Fargo.

Corporate Card Payment (e-payables) This service targets an automated payment option for accounts payable payment where no physical cards are issued. Internal controls are maintained to reduce risk and Bank of America will lead enrollment campaign to contact vendors who accept e-payables payments

(Works software) Integrated with Tyler Eden No programming , implementation, or vendor enrollment fees.

Conversion of p-cards first then add e-payables.

Annual payment of 1.73% of volume on p-cards and e-payables. An annual minimum of $1million is necessary for eligibility to receive the rebate.

IF YOU ARE REVISING OR RENEWING AN EXISTING AGREEMENT OR RESOLUTION, INDICATE MCA OR MCM NUMBER _________________. SUMMARIZE CHANGES ABOVE.

AGENDA ITEM SHEET

S:\ADM\AGENDA-hearing -DRAFTS\2013\August 12\Finance.Agenda item sheet 08-12-2013.doc

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Fiscal Impact: This item is budgeted in the following account code: ________ ________________ ________________ County $__________________ Federal: $____________________ State: $____________________ Other: $____________________ Review: Agenda___________________________Date_______________County Attorney_______________________ Date_____________ Risk___________________________________Date_______________________Finance______________________________Date____________

S:\ADM\AGENDA-hearing -DRAFTS\2013\August 12\Finance.Agenda item sheet 08-12-2013.doc

Bank of America Corporate Card Service Agreement

This Bank of America Corporate Card Service Agreement (the “Agreement”) is made by and between FIA Card Service, N.A., a Bank of America company, (“Bank of America”), and Mesa County, Colorado (“Company”) and shall be effective as of 08/12/2013 (“Effective Date”).

The terms “we”, “us” and “our” refer to Bank of America. The terms “you” and “your” refer to Company.

With our Corporate Card Services you are allowed to open Card Accounts for your business purposes. You may select one or more of the following card programs: purchasing card program, travel and entertainment card program, accounts payable card program or fleet card program (each a “Service”, collectively, the “Services”). You may begin using a Service once we have approved such use and we have received all required and properly executed forms and you have successfully completed any testing or training requirements. Whenever you use a Service, you agree to be bound by this Agreement, as amended from time to time, and to follow the procedures in the applicable Materials.

DEFINITIONS

Billing Statement. The official invoice provided to you, Participant and/or Cardholder which identifies each Transaction posted during the billing cycle, the date of each Transaction and the applicable fees and charges, payment amount due and Payment Due Date.

Business Day. Each day on which we are open for business related to the Services.

Card. Each plastic charge card which we issue for your Card Account using a Service.

Card Account. Each MasterCard® or Visa® account which we issue to you or to a Cardholder with respect to a Service, including a Cardless Account.

Card Administrator. One or more individuals designated by you in writing, as our primary contact for the Card Accounts, who is authorized to take actions necessary or appropriate to maintain the Card Accounts, including without limitation designating persons to receive Card Accounts, receiving communications from us related to the Card Accounts, requesting the closure of Card Accounts and otherwise communicating with us with respect to the Card Accounts.

Cardholder. Your employee or any other person who you designate in writing and who we approve to receive a Card. If you or a Cardholder makes a Card Account number or Convenience Check available to another party, that person will also be considered a Cardholder.

Cardless Account. An Account for which we assign only an account number, but no Card is issued.

Cash Advance. Use of a Card Account to obtain cash from a participating financial institution, merchant or Automated Teller Machine, to write a Convenience Check or to obtain items readily convertible into cash, such as money orders, travelers checks, foreign currency, lottery tickets, casino chips and race-track wagers.

Convenience Check. A check which we may provide to you, upon your request, to draw on a Card Account.

Grace Days. The number of days after the Billing Statement closing date within which payment is due.

Guarantor. A person or entity, other than you or a Participant, that agrees to assume responsibility for the obligations of this Agreement, including payment of any amounts owed.

Materials. The Software, user identification codes, passwords, codes, keys, test keys, security devices, embedded algorithms, digital signatures and certificates, other similar devices and information, User Documentation and related documentation we provide to you.

Participant. A Subsidiary, affiliate or division of yours which you designate in writing on a Participant Account Form and which we approve, for us to issue a Card Account with its own account number. A Participant Account Form, upon completion by you and approval by us, will be made a part of this Agreement.

Payment Due Date. The payment due date shown on the Billing Statement which date shall be the last day of the Grace Days.

Software. Web-based applications accessed via a Website and/or the programs and data files provided by us for use on a computer in connection with the Services.

Subsidiary. Any entity in which more than 50% of the ownership interest is owned, directly or indirectly, by you. The term "Subsidiary" does not include affiliates or other entities in which 50% or less of the ownership interest is owned, directly or indirectly, by you.

Transaction. The purchase or reservation of goods or services or a Cash Advance made or facilitated by use of a Convenience Check or Card Account.

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Unauthorized Use. Use of a Card Account, Card or Convenience Check by a person (i) who is not your Cardholder, employee or agent, (ii) who does not have actual, implied or apparent authority to use the Card Account and (iii) whose use does not benefit you directly or indirectly.

User Documentation. Any written information we provide you, including information in electronic format, as amended from time to time, which contains detailed instructions regarding the use of a Service. Current User Documentation is available upon your request.

Website. Any internet website and/or online access channel for use in accessing the Services.

OUR OBLIGATIONS

We will open Card Accounts upon your request which Cardholders may use to conduct Transactions for your business. All Transactions made on a Card Account are considered authorized by you unless we receive and have had a reasonable period of time to act upon written notice from you that the Cardholder is no longer authorized to use the Card, Convenience Checks or the Card Account.

Upon your request, we may also provide Convenience Checks with respect to your Card Accounts. At your request, we may also establish a Cardless Account. If you so request, we will provide to the Cardholder, at the address you or the Cardholder specifies, a Billing Statement reflecting the Cardholder’s use of the relevant Card Account. We may deny authorization of any Transaction if we suspect fraudulent activity or Unauthorized Use or for any other reason. Notwithstanding anything to the contrary in the “Limitations of Liability” section of this Agreement, we will not be liable for any failure to authorize a Transaction.

We are responsible only for performing the Services expressly provided for in this Agreement. We may contract with an outside vendor in performing the Services.

YOUR OBLIGATIONS

You shall use each Card Account solely for your business purposes.

You shall pay for each Transaction, regardless of its purpose or whether you signed a sales draft or received a receipt. In addition, you shall pay our fees and charges as set forth in the schedule of charges currently in effect for you.

You represent and warrant to us that each Cardholder is a current employee or agent of your company. You will promptly furnish such financial and other information as we request for the purpose of reviewing your ability to perform your obligations to us. You represent and warrant to us that all such information about your employees, agents and your company is accurate and sufficiently complete to give us accurate knowledge of your financial condition.

You and each Cardholder will check to ensure that the information embossed on each new Card or printed on each Convenience Check is correct, and you will contact us immediately if there is an error.

You must give us prompt written notice of any addition, change or elimination of a Card Administrator.

You are responsible for maintaining the security of your data and ensuring that it is adequately backed-up. We are not responsible for your loss of your data.

CHARGE LIMITS

For each Service, we will give you one total charge limit for all your Card Accounts. We will also assign an individual charge limit for each Card Account. Upon your request and if approved by us, we may increase the total charge limit or any individual limit. We may decrease the total charge limit or any individual limit at our discretion. You agree not to incur obligations which would cause the total charge limit for all your Card Accounts to be exceeded. If you do exceed this limit, or if any Cardholder’s individual charge limit is exceeded, we may deem the entire balance owing to be immediately due and payable, and/or we may refuse any Transactions on all Card Accounts or the individual Card Account until a payment is made to reduce the balance below the total charge limit or the individual charge limit.

TRANSACTIONS IN OTHER CURRENCIES

If you make a Transaction in currency other than U.S. dollars, Visa or MasterCard will convert the charge or credit into a U.S. dollar amount. The conversion rate on the processing date may differ from the rate on the date of your Transaction. The exchange rate used by Visa will either be (i) a rate selected by Visa from a range of rates available in wholesale currency markets for the applicable central processing date, which rate may differ from the rate Visa receives, or (ii) the government-mandated rate in effect for the central processing date. MasterCard will use an exchange rate of either (i) a wholesale market rate or (ii) a government-mandated rate. We may add a fee to the U.S. dollar amount of any Transaction that is made in a foreign currency (the “International Transaction Fee”). The International Transaction Fee is set forth in the schedule of charges currently in effect for you. The International Transaction Fee will be shown in the Activity section on your Billing Statement and aggregated in the Other Fees category on the Summary section of your statement.

DISPUTES WITH MERCHANTS AND SUPPLIERS

We will have no liability for goods or services purchased with, or for a merchant’s or supplier’s failure to honor purchases made with, a Card Account, Convenience Check or Card. You agree to make a good faith effort to resolve any dispute with a merchant or a supplier arising from a Transaction. In a dispute with a merchant or supplier, we will be subrogated to your rights and each Cardholder’s rights against the merchant or supplier and you will assign (and cause the Cardholder to assign) to us the right to assert a billing error against the merchant or supplier. You will, and will cause the Cardholder to, do whatever is necessary to enable us to exercise those rights. We may reverse from any Card Account any Transactions relating to the dispute.

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A merchant or supplier may seek prior authorization from us before completing a Transaction. If you advise us in writing that you desire to restrict Transactions to merchants falling within certain categories we designate in our User Documentation, we will take reasonable steps to prevent authorization of Transactions from other types of merchants. We, however, will not be liable to you if merchants or suppliers nonetheless accept a Card, Convenience Check or Card Account for other types of Transactions, or if authorization for a Transaction is not given.

CONVENIENCE CHECKS

If we provide Convenience Checks with regard to a Card Account, they may not be used to make payment on the Card Account. We may pay a Convenience Check and post its amount to the Card Account regardless of any restriction on payment, including a Convenience Check that is post-dated, that states it is void after a certain date or that states a maximum or minimum amount for which it may be written. Once paid, Convenience Checks will not be returned to you or the Cardholder.

If you wish to stop payment on a Convenience Check, you must call us at the customer service number shown on your Billing Statement and provide such information as we request or is required under the relevant User Documentation. We will stop payment if we receive your request on or before the Business Day before the Business Day on which we would otherwise pay the Convenience Check. The date on which we would pay a Convenience Check may be prior to the date it would post to your Card Account. A stop payment order will remain in effect for up to six months.

CARDLESS ACCOUNTS; ACCOUNTS NOT IN NAME OF INDIVIDUAL

We may, at your request, establish a Cardless Account or establish a Card Account with a designation which is not an actual individual, including, without limitation, designation of a vehicle identification number, license number, department name or “Authorized Representative” on the Card Account. You agree to be solely responsible for the use of any such Cardless Account or Card Account, including, without limitation, any Unauthorized Use, and you agree not to make any claim or request related to any Unauthorized Use of such a Cardless Account or Card Account.

PAYMENT OF CARD ACCOUNTS; SECURITY INTEREST

We will provide to the Card Administrator, or other person you designate in writing to us, a Billing Statement which will identify each Transaction posted during the billing cycle and the date of the Transaction. The Billing Statement will also list any applicable fees and charges for a Service. If you have requested a Card Account for travel and entertainment Transactions, we will provide, upon your request, an additional copy of the Billing Statement covering such use of the relevant Card Account to the appropriate Cardholder at the address which you or the Cardholder provides to us.

You will pay to us the total amount shown as due on each Billing Statement on or before the due date shown on the statement. If you do not make a payment in full by the specified due date, in addition to our other rights, we may assess a late fee and finance charge as set forth in the schedule of charges currently in effect for you. You have no right to defer any payment due on any Card Account.

You will pay us for a Service according to the schedule of charges currently in effect for you, except as we agree otherwise (in writing) from time to time. All charges are subject to change upon 30 days prior written notice to you (unless otherwise agreed in writing), except that any increase in charges to offset any increase in fees charged to us by any supplier for services used in delivering the Service may become effective in less than 30 days.

You will pay us for Software support in excess of that contemplated in the Software section of this Agreement. The charges for such extra support will be as specified by us before such charges are incurred or as otherwise agreed by you and us from time to time.

Unless otherwise agreed by us, payments must be made using an Automated Clearing House (ACH) service. As specified by you, we may initiate ACH debits to any deposit account at any financial institution. If you arrange for direct payment by Cardholders, such an arrangement will not change your responsibilities under the Agreement, including your obligation for payment.

You grant to us a security interest and contractual right of setoff in and to all deposits now or subsequently maintained with us or any of our affiliates or subsidiaries. In connection with that grant, you authorize us to enter into a master control agreement with our affiliates authorizing, upon the occurrence and continuance of any default, the disposition of any such deposits to satisfy all liabilities incurred in connection with a Service, without your further consent. The grant of this security interest shall survive termination of a Service.

LOST OR STOLEN CARDS; UNAUTHORIZED USE

In the event of a possible loss or theft of a Card, Convenience Check or Card Account or possible Unauthorized Use, you will give us notice by telephone to the numbers set forth in the User Documentation. You agree to give us this notice as soon as practicable but in any event no later than the Business Day after discovery of the known or suspected loss or theft or Unauthorized Use. If notice as provided in this paragraph is given and you assist us in investigating facts and circumstances relating to the loss, theft or possible Unauthorized Use, including without limitation obtaining an affidavit or similar written, signed statement from the Cardholder, then you will not be liable for Transactions resulting from Unauthorized Use. If we have issued fewer than ten Card Accounts to you, your liability for Transactions by a person who does not have actual, implied or apparent authority to use the Card, Convenience Check, or Card Account and whose use does not result in a direct or indirect benefit to you will not exceed $50 on each Card.

LICENSE TO USE YOUR MARKS

Upon your request, we may place your trademark, tradename, service mark and/or designs (“Company’s Marks”) on the Cards and collateral materials. You will provide the graphics to us in sufficient time to allow for review and approval by us and, if necessary, the respective card association. You grant to us a non-exclusive license to use, during the term of the Service, Company’s Marks on the Cards and on other materials related to the Card Accounts. If, as you request, we place your

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Company Marks on the cards or collateral materials, you agree that the indemnity under the “Protection from Third Parties” section of this Agreement covers any claim that the use of any Company Marks infringes the intellectual property right of any third party.

EXTENSION OF CORPORATE CARD SERVICE TO AFFILIATES

Upon your request and submission of a Participant Account form, we may approve one or more affiliates of which you are majority owner for participation in a Service. Each participating affiliate will have the same rights and obligations as you except that no separate charge limit will be assigned. Your charge limit will apply to Transactions on all Card Accounts, including those of your participating affiliates.

You may terminate an affiliate’s participation by giving us written notice and a reasonable time to act on such notice. If an approved Participant is, or will no longer be, majority-owned by you, you agree to notify us immediately, and we may immediately terminate the Card Accounts of such Participant.

GOVERNING LAW

The Services are governed by the laws respecting national banking associations and, to the extent not covered by those laws, by the laws of the State of Colorado without reference to that state’s principles of conflicts of law, regardless of where you reside or where a Cardholder uses a Card Account.

TERMINATION

You or we may terminate the Agreement or a Service upon 60 calendar days prior written notice to the other party. Notwithstanding the previous sentence, we may terminate the Agreement or a Service effective immediately, and we will send you notice of the termination if any of the following occurs with respect to you, a Participant or a Guarantor:

You fail to pay as and when due (whether upon demand, at maturity or by acceleration) or you breach any of the terms and conditions in this Agreement or any other agreement with us or any of our affiliates or subsidiaries;

You terminate, liquidate or dissolve your business or dispose of a substantial portion of your assets; You fail generally to pay your debts as they become due; You, voluntarily or involuntarily, become the subject of any bankruptcy, insolvency, reorganization or other similar proceeding; You initiate any composition with your creditors; You experience a material adverse change in your financial condition or your ability to perform your obligations under the terms and conditions in this

Agreement; Any guaranty of your obligations to us terminates, is revoked or its validity is contested by the Guarantor, or any of the events set forth in the above five

bullet points attributable to you occur to the Guarantor; You fail to pay or perform any other obligation, liability or indebtedness to any other party; There is the death (if an individual) or resignation or withdrawal of any partner or material owner (of a privately-held entity); You merge or consolidate with or into another entity; We determine that any representation or warranty made to any of our affiliates or subsidiaries in any agreement is or was, when it was made, untrue or

materially misleading; You fail to timely deliver financial statements, including tax returns, other statements of condition or other information, as we shall request from time to

time; There is an entry of a judgment against you which we deem to be of a material nature; You experience seizure or forfeiture of, or the issuance of any writ of possession, garnishment or attachment, or any turnover order for any property; We determine that we are insecure for any reason; You fail to comply with any law or regulation controlling your operation; There is a change in your ownership, if you are a privately-held entity, in excess of 50%.

Upon any termination of a Service, (i) the entire balance outstanding on all Card Accounts with respect to that Service shall, at our option, become immediately due and payable and (ii) you will immediately destroy, and will instruct all Cardholders to immediately destroy, all Cards and Convenience Checks. Your responsibility to pay for all Transactions regarding each Card Account will continue until a reasonable period of time after you notify us to close the Card Account or until you pay for all Transactions entered into before we close the Card Account to future use, whichever occurs later. After termination, you and all Cardholders will make no new Transactions on any Card Account. If, however, such Transactions are made, you will be liable for each of them.

If a Service you are using is terminated for any reason, you will do the following:

Immediately stop using any Materials relating to the terminated Service; Erase or delete any Software we have provided relating to the terminated Service to the extent it is stored in your computers; and At our option, either return to us or destroy all Materials relating to the terminated Service and certify to us that you have done so.

These obligations will continue after a Service you are using has been terminated.

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SOFTWARE LICENSE

This section applies to all Software we provide to you pursuant to the Agreement unless we provide you a separate license agreement for specific Software (including a “click-wrap” Software license you may obtain from us by downloading from our website and the licenses for any other third-party Software we provide you in connection with the Services).

License

For each Software application we provide to you for one or more Services, we grant you a non-exclusive, revocable, non-transferable license for the use of that Software and any Materials related to the Software that we provide to you. Each license is granted solely for use in object code form only in connection with one or more Services. You may use the Software only in accordance with the applicable User Documentation.

The Software, its source code, the Materials and all copyright, patent, trademark, trade secret and other rights in them are and will remain the exclusive property of us or our licensors. You will secure and protect the Software and Materials (including all copies) in a manner consistent with the maintenance of our rights and those of our licensors. In order to protect those rights, you will reproduce and incorporate copyright notices and all other proprietary legends prescribed by us in any permitted copies. You may not remove, obscure or otherwise tamper with or alter any such notices or legends affixed to or otherwise contained in the Software or Materials (or copies). You will also take appropriate action to instruct and obligate your representatives who are permitted access to the Software and/or Materials (including copies) to comply with your obligations to protect the Software and Materials.

We are obligated to provide you only with those updates, upgrades or new releases of Software which we make generally available to our other customers who license the same Software. Any corrections, updates, upgrades or new releases that we provide to you must be installed by you promptly or by such later time as we specify, and will be deemed part of the Software upon delivery to you. We will provide support only for the most current version of Software we have provided to you.

You will, at your expense, cause a computer to be installed and kept in good condition and working order at your site for use of the Software. The computer and its components must be equipment which is acceptable, as specified by us from time to time.

At our option, we may assist you with the installation of Software on your computer and/or with the training of persons who will use the Software, but we will not bear any responsibility for (i) such training or (ii) the proper installation or use of the Software. Except as you and we may agree otherwise, you will be deemed to have accepted the Software upon its installation.

If we have provided you with Software to be installed on your computer, you may not install the Software on more than one computer or electronically distribute it to any other computer, without our prior written approval and the payment of any fees that we may assess. You may move the Software to another computer replacing the one on which the Software was originally installed or to another site, but only after you give us notice, in writing or by electronic means approved by us for such purpose, specifying the new computer and site. If we have provided you with Software to be installed on your network server, you may not electronically distribute, or allow anyone else to electronically distribute, the Software except from the network server on which it is installed to workstations on that network. You will provide us notice, in writing or by electronic means approved by us for such purpose, each time you install the Software on more than one computer (subject to our prior written approval) or electronically distribute the Software to a workstation on that network, as applicable, in each case indicating the location and the date of such installation or distribution.

You may not (i) sell, assign, transfer, license, sublicense or publish the Software or Materials (including any permitted copies), (ii) disclose, display or otherwise make available the Software or Materials (including any permitted copies) to third parties, or (iii) copy, or allow anyone else to copy, the Software or Materials, without our prior written approval, except that you may make two copies of the Software for backup and/or archival purposes. In the event that we provide you with our prior written approval to make an additional copy of the Software, you will (i) pay us any fees assessed by us and (ii) provide us notice, in writing or by electronic means approved by us for such purpose, of the location and the date of such copy.

You will provide us with reasonable access to the Software and Materials at your site to provide assistance or to verify the status or location of the Software and Materials. In addition, we may audit your site and have access to the Software and Materials provided to you to confirm compliance with this Software License section. Furthermore, we may audit your site and have access to such Software and Materials if you fail to provide us with any notices or reports, or if we reasonably believe you are using unauthorized copies of the Software and/or Materials, using the Software and/or Materials in an unauthorized manner, and/or otherwise failing to comply with any of the terms and conditions of this Agreement.

You may not alter, repair, modify or adapt any Software or Materials, including, but not limited to, translating, reverse engineering, decompiling, disassembling or creating derivative works from it.

You will inform our client support unit of all errors, difficulties or other problems with the Software of which you become aware. We may make reasonable efforts to fix or provide workarounds for any material errors reported to us and to provide you with support and consultation concerning the Software. Any such efforts, support and consultation will be determined by us, in our sole discretion. You will cooperate with us in the expeditious resolution of such errors, difficulties or other problems by providing us, on request, a listing of input, output and all other data which we may reasonably request in order to reproduce operating conditions similar to those present when such errors, difficulties or other problems were discovered.

Your license to the Software and Materials will terminate automatically if you breach a material term of this Software License section or the license, or if the Services for which you are using the Software are terminated. In addition, in the event of a breach of your confidentiality obligations with respect to the Software, we may seek any remedy provided by law or equity.

1264298.05 5

Limited Warranty/Disclaimers

You acknowledge that the Software and Materials have not been produced to meet your specific requirements and have not been tested in every possible combination and operating environment. You are responsible for satisfying yourself that the Software and Materials are satisfactory for your purposes.

You further understand and agree that we make no representation concerning the completeness, accuracy, timeliness, operation or performance of the Software and/or Materials or their compatibility with any hardware. You acknowledge and agree that the operation of the Software may not be uninterrupted or error-free and that the Software and Materials are provided on an “AS IS” basis.

We warrant that the Software will substantially conform to the documentation provided with the Software for a period of 30 days after delivery to you, provided that (i) the Software has been used by you in strict compliance with the terms and conditions of this Agreement and the Materials, (ii) the Software has not been modified in any way by you, and (iii) you promptly notify us and reproduce for us any defects, errors or bugs in the Software which result in the Software not substantially conforming to such documentation. In the event that such warranty is breached, we shall, at our option, (i) use reasonable efforts to correct or work around any such defects, errors or bugs or (ii) accept return of the Software and refund any license fees paid by you for the Software.

You agree that the foregoing is your sole and exclusive remedy for breach of warranty and our sole obligation in connection with the performance or operation of the Software and Materials.

Except as specifically stated above and in the Infringement Indemnity subsection below and notwithstanding any other provision in this Agreement or otherwise, we make no representation or warranty, express or implied, written or oral, and, to the full extent permitted by law, disclaim all other warranties including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, regarding the Software, the Materials, and all other property, services or rights covered by this Agreement.

To the extent permitted by applicable law, and except as otherwise provided in this section, we will not be liable for damages of any kind arising out of the provision of, use of, or inability to use, the Software and/or Materials.

You agree that the United Nations Convention on Contracts for the International Sales of Goods will not apply to our provision to you or your use of any Software and/or Materials.

Infringement Indemnity

Notwithstanding your indemnity of us in the “Protection From Third Parties” section of this Agreement and except as otherwise provided in this Agreement, we will defend at our own expense or settle any action brought against you to the extent it is based on a third party claim that your use of the Software and/or Materials provided by us to you pursuant to this Agreement infringe any Berne Convention country copyright or any United States of America or United Kingdom patent, trade secret or trademark of any third party, and we will pay all costs and damages finally awarded in any such action.

Our obligations under this indemnity are subject to (i) prompt notice from you of any such claim or action, (ii) your not having made any admission of liability or agreed to any settlement or compromise, (iii) your providing to us, in a prompt and timely manner, the documents, information and assistance we reasonably request, (iv) our having sole control of defending such claim or action, (v) your having used the current version of the Software and Materials, as provided to you by us, in compliance with the terms and conditions of this Agreement, (vi) your using the Software and Materials only in the manner for which the Software and Materials were designed , (vii) your not modifying the Software and Materials, and (viii) your not incorporating the Software and Materials with products not approved by us. You acknowledge and agree that our obligations under this indemnity are our only obligations to you with respect to any infringement claim in connection with your use of the Software and/or Materials.

Export Controls

You understand and acknowledge that any obligations that we may have to provide Software, any Materials, data, technical assistance, training and related technical data, and any media in which any of the foregoing is contained (all of which shall be collectively referred to as “Data”) will be subject in all respects to all applicable laws and regulations as shall from time to time govern the export or diversion of certain products and technology to and from certain countries. You warrant and agree that you will comply in all respects with the export and reexport restrictions applicable to the Data shipped and/or provided to you and that you will comply with all applicable laws and regulations governing the export and diversion of the Data.

CHANGES TO A SERVICE

You may request us at any time to change the processing instructions for a Service. We are not obligated to implement any requested changes until we have had a reasonable opportunity to act upon them. In making changes, we are entitled to rely on requests purporting to be from you. For certain changes, we may require that your requests be in writing, in a form and manner acceptable to us, or be from an authorized person you designate. In addition, certain requests for changes may be subject to our approval.

We may change, add or delete any of the terms, conditions and/or pricing applicable to a Service upon 30 days prior notice to you in writing or by electronic means. Your continued use of or failure to terminate the Service, after the effective date of the change, will indicate your agreement to the change.

COMMUNICATIONS; NOTICES

Any written notice or other written communication to be given under the terms of this Agreement will be addressed to the applicable address specified on the signature page, except as you or we specify otherwise in writing. Notices are effective upon receipt, except as otherwise provided in this Agreement or any Materials.

1264298.05 6

You agree that we may electronically monitor and/or record any telephone communications with you in those countries which permit that practice. If our records about any such communication are different from yours, our records will govern.

If you choose to use unencrypted electronic mail to initiate payment requests or other instructions or otherwise communicate with us, your use of such electronic mail with respect to a Service will be subject to the terms and conditions of this Agreement and will comply with the applicable User Documentation. In addition, you agree to bear the risk that such electronic mail may be corrupted, modified, garbled or hacked or its confidentiality may be breached by a third party and the risk that we will rely on such mail, which appears to be from you but which is unauthorized, and that such reliance will result in a loss.

CONFIDENTIALITY

We acknowledge that information we obtain from you in connection with a Service we provide to you under the terms of this Agreement may be confidential. We will maintain the confidentiality of such information in accordance with our normal procedures for safeguarding customer information and the policy reflected in the Bank of America Corporation Code of Ethics.

You acknowledge our claim to proprietary rights in the Materials and that the Materials constitute our “trade secrets” or trade secrets of our licensors or vendors. You understand that all Materials are confidential and you will:

Safeguard the Materials at all times. Establish and maintain procedures to assure the confidentiality of the Materials and any password or code subsequently changed by you. Use the Materials only for the purposes for which we provide them. Notify us promptly by telephone, confirmed in writing, if any Materials are lost or their confidentiality is compromised.

You will not, nor will you allow anyone else to, do any of the following without our prior consent:

Disclose any Materials to any person or entity, except to your employees and agents with a need to know the Materials. Make any copies, in whole or in part, of any Materials in whatever form or medium (electronic, printed or otherwise) in which they may exist from time to

time, except as provided in the Software License section of this Agreement. Translate, reverse engineer, disassemble or decompile any Software or security devices.

These confidentiality obligations continue after the Service you are using is terminated.

You have sole responsibility for the custody, control and use of all Materials. You agree that no individual will be allowed to initiate a request or other instruction contemplated in this Agreement or to have access to any Materials without proper supervision and strict security controls. If the Service requires use of user identification codes or passwords, we will be fully protected in relying on the correct user identification codes and passwords, as described in the relevant User Documentation.

This section does not limit either party’s ability to disclose information (i) that the other party has approved by prior writing for disclosure; (ii) that is disclosed to its professional advisors or auditors; (iii) that becomes public other than through a breach of these confidentiality obligations, (iv) that was in its possession or available to it from a third party prior to its receipt of it in connection with a Service, (v) which is obtained by it from a third party who is not known by it to be bound by a confidentiality agreement with respect to that information, (vi) as required or requested by any securities exchange or regulatory body to which either party is subject or submits or (vii) as otherwise required to be disclosed by law or by legal or governmental process.

In addition, you agree (i) that we may disclose to our offices, affiliates, officers, employees and agents with a need to know any information we obtain about you and (ii) that those offices, affiliates, officers, employees and agents may disclose such information as permitted under the immediately preceding paragraph.

You acknowledge and agree that data processing related to a Service and your associated accounts may take place in countries other than those where you and your accounts with us are located. You further understand that information concerning your relationship with us may be available on our electronic data system both for information management purposes and in order to enable you to benefit from our electronic banking services. You understand and agree that, as a result, your banking relationship information may be available to some of our officers outside the country or countries where you and your accounts are located. You authorize us to transmit your banking relationship information across national borders, notwithstanding the banking secrecy laws of any of the countries involved, as necessary or appropriate to provide a Service.

It is possible that in providing a Service we will transmit information we receive from you in connection with the Service consisting of an individual's bank accounts or other financial data or identifying a living individual (“Personal Data”). We will only transmit Personal Data to our locations, to locations of our affiliates or to others in order to provide a Service. We may contract with others to provide data transmission or storage services to us. In that case, we will require that they treat Personal Data solely in accordance with our instructions. You agree to comply with any directions we may give you from time to time with respect to the Personal Data.

Neither party will use the other’s name or refer to the other party directly or indirectly in any solicitation, marketing material, advertisement, news release or other release to any publication without receiving the other party’s specific prior written approval for each such use or release, except that we may use your name as a reference in service proposals if we obtain your prior oral approval for such use.

This section also does not limit our ability or that of our affiliates to access and use transaction data related to a Service provided to you in connection with the management of our or their business.

These obligations continue after the Service you are using is terminated.

1264298.05 7

LIMITATION OF LIABILITY

We are liable to you only for actual damages incurred as a direct result of our failure to exercise reasonable care in providing a Service.

In no event will we be liable for any indirect, consequential or punitive loss, damage, cost or expense of any nature or any economic loss or damage, expense and loss of business, profits or revenue, goodwill and anticipated savings, loss of or corruption to your data, loss of operation time or loss of contracts, even if advised of the possibility of such loss, damage, cost or expense.

We will not be responsible for the acts or omissions of you or your officers, employees or agents (including but not limited to the amount, accuracy, timeliness or authorization of any instructions or information from you) or the acts or omissions of any other person or entity, including but not limited to any clearing house association or processor, any U.S. Federal Reserve Bank or any other country's central bank, any other financial institution or any supplier, and no such person or entity will be deemed our agent.

If you permit any Subsidiary or other person to access one of our Service installations on your premises through use of a remote access software package, we will not be responsible or liable for such Subsidiary or person’s use or misuse of our Service or access to accounts owned by you and for which you did not authorize that Subsidiary or person to have access via your installation. We may and will treat all instructions and information received by us through this arrangement as provided by and for the benefit of you and subject to all our rights under this Agreement with respect to a Service.

We will not be liable for and will be excused from any failure or delay in performing our obligations for a Service if such failure or delay is caused by circumstances beyond our control, including any natural disaster (such as earthquakes or floods), emergency conditions (such as war, riot, fire, theft or labor dispute), legal constraint or governmental action or inaction, breakdown or failure of equipment, breakdown of any supplier, or your act, omission, negligence or fault.

We also will not be liable for any failure to act on our part if we reasonably believed that our action would have violated any law, rule or regulation.

PROTECTION FROM THIRD PARTIES

You will indemnify us against and hold us harmless from and defend us against any and all liabilities, claims, costs, expenses and damages of any nature (including legal expenses) arising out of or relating to disputes or legal actions by parties other than you and us concerning a Service. The obligations contained in the preceding sentence will continue after the Service you are using is terminated. This section does not apply to any cost or damage attributable to our gross negligence or intentional misconduct.

RESOLUTION OF DISPUTES

Any dispute or controversy concerning your use of a Service will be decided by binding arbitration conducted in the United States of America (except as you and we expressly agree otherwise) in accordance with the United States Arbitration Act (Title 9, U.S. Code) under the Commercial Arbitration Rules of the American Arbitration Association. Under these procedures, the dispute is submitted to a neutral person for determination in place of a trial before a judge or jury. Judgment upon the award made by the arbitrator may be entered in any court having jurisdiction.

Either you or we may exercise self-help remedies or obtain provisional or ancillary remedies from a court. You or we may exercise or obtain these remedies at any time, even while the arbitration or trial by a judge is pending. By exercising or obtaining any such remedies, neither you nor we waive the right to request that a dispute or controversy be decided by arbitration or trial by a judge.

SEVERABILITY

If any provision of the Agreement or the application of any such provision to any person or set of circumstances is determined to be invalid, unlawful, void or unenforceable to any extent, the remainder of the Agreement, and the application of such provision to persons or circumstances other than those as to which it is determined to be invalid, unlawful, void or unenforceable, shall not be impaired or otherwise affected and shall continue to be valid and enforceable to the fullest extent permitted by law.

WAIVER

No delay or failure to exercise any right or remedy under the Agreement shall be deemed a waiver of such right or remedy. No waiver of a single breach or default under the Agreement shall be a waiver of any other breach or default. Any waiver under the Agreement must be in writing.

YOUR REPRESENTATIONS AND WARRANTIES

You represent and warrant to us on and as of each day on which we provide a Service to you that (i) the Agreement constitutes your duly authorized, legal, valid, binding and enforceable obligation; (ii) your performance of your obligations will not violate any law, regulation, judgment, decree or order applicable to you or facilitate illegal transactions, for example those prohibited by the Unlawful Internet Gambling Enforcement Act, 31 U.S.C. Section 5361 et seq.; (iii) the debiting of any account as provided in the Agreement is not inconsistent with any restriction on the use of that account; (iv) all approvals and authorizations required to permit the execution, delivery, performance and consummation by you of the Agreement and the transactions contemplated under the Agreement have been obtained, including but not limited to due authorization from each applicable third party to allow you to transfer funds and access information from such party's account; and (v) there is no lawsuit, tax claim or other dispute pending or threatened against you which, if lost, would impair your financial condition or ability to pay us under the terms of this Agreement.

1264298.05 8

AGREEMENT

The Agreement constitutes and represents the entire agreement between you and us regarding a Service we provide to you anywhere in the world and supersedes and extinguishes all prior agreements, understandings, representations, warranties and arrangements of any nature (including requests for proposals and other sales material), whether oral or written, between the parties relating to a Service. The Agreement controls in the event of any conflict between it and any relevant User Documentation, any other document or written or oral statement.

The Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns. The Agreement is not for the benefit of any other person, and no other person shall have any right under the Agreement against you or us. Nothing contained in the Agreement shall create any agency, fiduciary, joint venture or partnership relationship between you and us.

1264298.05 9

IN WITNESS WHEREOF, each of the parties has caused this Agreement to be executed as of the Effective Date, by its duly authorized officer(s). COMPANY FIA CARD SERVICES, N.A., a Bank of America Company Mesa County, Colorado By: By: (Signature) (Signature) Name: Name: (Print or Type) (Print or Type) Title: Title: (Print or Type) (Print or Type) Address for Notices: Address for Notices:

1264298.05 10

I. GENERAL PRODUCT FEES AND CHARGES

Corporate Billed – LCNAC563 Fee Annual Card Fee Fee Waived Late Fee (An account is assessed a late fee three (3) days after cycle. The fee will be assessed as a % of the past due amount for the current month’s charges and any unpaid balances when the account is past due 01-30 days)

2.5% of total due (minimum $250; maximum $3500)

Late Fee Assessment Assessed 3 days after CYCLE datePeriodic Finance Charge Fee (Finance charges accrue on all balances that are 31-60 days past due)

Waived

Overlimit Fee (Assessed when aggregate charge limit is exceeded)

$250 per occurrence

Cash Advance Fee (Minimum $5.00, no maximum) 2.5% of transaction amountLogo Fee (Choose one color from the following six colors: 1) black; 2) white; 3) blue; 4) red; 5) green; 6) burgundy).

Fee Waived

Unique Custom Design Fee As quotedExecutive Cards Fee Waived (maximum of 10 Cards) Return Payment Fee $29.00 per occurrenceInternational Transaction Fee Up to 1% of USD amount Expedited Card Delivery Fee U.S. Mail (Default)=No Fee

Bulk Mail=No Fee Overnight=$35.00 2-day=$20.00

II. ELECTRONIC PRODUCTS SCHEDULE OF FEES AND CHARGES

Visa:

Works - Annual Volume of Cooperative member reaches $1MM - Annual Volume of Cooperative member is less than $1MM Visa File Feeds To Customers / Third Parties:

• Statement Billing File • EDI 811 • Travel Agency File • Visa Commercial Format (VCF)

Fee Waived Fee Waived Fee Waived

MasterCard:

Works - Annual Volume of Cooperative member reaches $1MM - Annual Volume of Cooperative member is less than $1MM MasterCard File Feeds To Customers / Third Parties:

• Statement Billing File • EDI 811 • Travel Agency File • Commercial Data Format (CDF)

Fee waived Fee waived Fee waived

Custom Requests:

Custom Development Waived

Custom Maintenance Waived

Works Receipts Imaging:

# of Open Accts

Receipt Imaging

Fee

Tier 1 1-50 $50Tier 2 51-100 $100Tier 3 101-200 $200Tier 4 201-350 $350Tier 5 351-700 $700Tier 6 701-1,500 $1,500Tier 7 1,501-3,000 $3,000Tier 8 3,001-5,000 $5,000Tier 9 5,001-10,000 $10,000

Pricing Schedule

Client will be charged monthly at the corporate account level

END OF SCHEDULES I AND II

III. SCHEDULE OF REBATES

(Cycle and Grace Days) REBATE DEFINITIONS: Capitalized terms, which are not defined in this Section III have the meanings ascribed in the applicable Card Agreement.

"Calculation Period" means each subsequent twelve month period after the Initial Calculation Period. The Initial Calculation Period will commence on the date of execution of this Agreement through February 29, 2012. “Credit Losses” means any balances which remain unpaid by Company, Participant or a Cardholder six (6) billing periods after the closing date on the Billing Statement in which the Transactions, fees and charges appeared for the reporting period. “Cooperative” means the group of eligible Mid-America government agencies participating in the Mid-America Government Purchasing Card program with regard to rebate pricing. “Cycle Days” means the number of days from the start of the billing period to the Billing Statement date. “Grace Days” means the number of days after the Billing Statement closing date within which payment is due. “Large Ticket Interchange Transactions” means certain transactions which, based upon the type of merchant and/or transaction dollar amount, are subject to a Visa or MasterCard large ticket interchange program, as determined by and amended by Visa and MasterCard from time to time. “Rebate Multiplier” means the multiplier corresponding to the Standard Transactions volume, Cycle Days and Grace Days as set forth in the Standard Transactions Rebate Multiplier Table below.

“Standard Transactions” means the Transaction Volume not meeting the criteria for Large Ticket Interchange Transactions. “Total Credit Losses” means, for any Calculation Period, the sum of (i) Bank of America’s Credit Losses on the Card Accounts for the Calculation Period and (ii) Bank of America’s Credit Losses on the Card Accounts for any previous Calculation Period which have not been applied against any rebate payable under the Agreement. “Transaction Volume” means, for any Calculation Period, the total dollar amount of purchase Transactions made with the Cards during the Calculation Period, less the total dollar amount of: returned purchases, credit adjustments, Transactions resulting from Unauthorized Use, and disputed charges. Cash advances and Convenience Checks are not included in Transaction Volume.

REBATE CONDITIONS: During the Calculation Period, the program must meet all of the following conditions in order to qualify for a rebate: (i) Company and Participant pay Bank of America the total amount of the new balance shown as due on each Billing Statement on or before the Payment Due Date; and (ii) Neither Company nor Participant has breached any obligation, covenant, representation or warranty contained in this Agreement; and (iii) For the Calculation Period, and Transaction Volume is at least $1,000,000.; and (iv) The Agreement has not been terminated by either party prior to the completion of a rebate calculation period.

REBATE CALCULATION AND PAYMENT: In the event that all of the above Rebate Conditions are met with respect to the Calculation Period, Bank of America shall pay a rebate to Company, which shall be calculated at the end of the Calculation Period in accordance with the Standard Transaction Rebate Multiplier and using the following equation:

(Transaction Volume for Standard Transactions x Rebate Multiplier) + (Transaction Volume for Large Ticket Interchange Transactions x forty basis points (0.40% or 0.004))) – Total Credit Losses

Payment of any rebate shall be made by ACH credit or other means determined by Bank of America, within ninety (90) days following the end of the Calculation Period. No rebate shall be paid to any Participant. Should one or more of the above Rebate Conditions not be met, Bank of America shall be under no obligation to pay any rebate, although Bank of America may, in its sole discretion, determine to pay a rebate in an amount determined by Bank of America. Bank of America's payment of a rebate in such circumstance shall in no way obligate Bank of America to pay a rebate with respect to any subsequent Calculation Period.

STANDARD TRANSACTIONS REBATE MULTIPLIER TABLE

Mid America

Cycle days 7 14 14 30 30 30 30 30

Annual USD Card Volume Tiers Grace days 3 3 7 3 7 14 20 25 Excludes Large Ticket REBATE BASIS POINTS

$1,000,000 $1,999,999 135 131 127 123 119 112 106 101

$2,000,000 $2,999,999 140 136 132 128 124 117 111 106

$3,000,000 $4,999,999 146 142 138 134 130 123 117 112

$5,000,000 $9,999,999 149 145 141 137 133 126 120 115

$10,000,000 $14,999,999 154 150 146 142 138 131 125 120

$15,000,000 $19,999,999 159 155 151 147 143 136 130 125

$20,000,000 $34,999,999 164 160 156 152 148 141 135 130

$35,000,000 $49,999,999 168 164 160 156 152 145 139 134

$50,000,000 $74,999,999 173 169 165 161 157 150 144 139

$75,000,000 $99,999,999 176 172 168 164 160 153 147 142

$100,000,000 $124,999,999 179 175 171 167 163 156 150 145

$125,000,000 $149,999,999 181 177 173 169 165 158 152 147

$150,000,000 $149,999,999 183 179 175 171 167 160 154 149

$175,000,000 $149,999,999 185 181 177 173 169 162 156 151

$200,000,000 $149,999,999 187 183 179 175 171 164 158 153

$225,000,000 $149,999,999 189 185 181 177 173 166 160 155

$250,000,000 $149,999,999 191 187 183 179 175 168 162 157

$275,000,000 $149,999,999 193 189 185 181 177 170 164 159

$300,000,000 + 195 191 187 183 179 172 166 161 Each Cooperative member must have a minimum annual card Transaction Volume total of $1,000,000.00 before that Cooperative member will be eligible to receive an individual rebate payment. The Calculation Period cumulative Transaction Volume from all Cooperative member Transaction Volume will determine the rebate volume tier for each rebate-qualified Cooperative member.

Notwithstanding anything to the contrary in the Agreement or this Schedule of Fees and Charges, all fees and charges are subject to change upon 30 days prior written notice to you if an event external to Bank of America increases the cost or decreases the revenue to Bank of America (e.g., decreases to interchange revenue paid to Bank of America by a card association, increases to funding costs due to interest rate changes or deterioration in your financial condition) in connection with providing this card program to you.

END OF SCHEDULE III

IV. ACKNOWLEDGEMENT

By signature of an authorized representative(s), you agree to the terms and conditions of this Schedule of Fees and Charges presented herein. This form must be signed in ink by an authorized representative(s) and submitted with the original signature to your Bank of America representative. COMPANY FIA Card Services, N.A., a Bank of America

company

Mesa County, Colorado

By: (Signature)

By: (Signature)

Name:

(Print or Type)

Name:

(Print or Type) Title:

(Print or Type)

Title:

(Print or Type) Date:

Date:

AGENDA ITEM SHEET

Hearing Date Requested: August 19, 2013

Date Submitted: August 5, 2013

From: Millie Fowler Extension: 255-5056

Presenter: Frank Whidden

Agenda Category:

Consent XX Consideration:_____ Briefing:____

TO: MESA COUNTY COMMISSIONERS

TITLE OF ITEM: County Wide Email Policy ( IT-08 Email Use)

RECOMMENDED BOARD ACTION: Approve the County Wide Email Policy. Effective date to be August 19, 2013

JUSTIFICATION/BACKGROUND: Adopt an e-mail policy for Mesa County. The policy provides the framework for safe and effective electronic communications including defining appropriate and inappropriate behaviors. Data retention guidelines for email are also clearly defined in the policy.

IF YOU ARE REVISING OR RENEWING AN EXISTING AGREEMENT OR RESOLUTION, INDICATE MCA OR MCM NUMBER _________________. SUMMARIZE CHANGES ABOVE.

Scan: Yes_____________ No________________

Fiscal Impact: This item is budgeted in the following account code: ________ ________________ ________________

County $__________________ Federal: $____________________ State: $____________________ Other: $____________________

Review:

Administration___________________________Date_______________County Attorney_______________________ Date_____________

Risk___________________________________Date_______________________Finance______________________________Date____________

S:\IT\FORMS\2012 BOCC Agenda Item Sheet.doc

C-2

Mesa County Information Technology Department – Policy and Procedures Manual

Policy Name: Use of ElectronicMessagingServices

Policy Number: MCA #____

Effective Date: August 19, 2013

Revision Date: New

Purpose:Document the access and usage policy of Mesa County’s (County) electronic messaging services.

Describes expectations and responsibilities of users for proper use of County electronicmessaging services.

Policy:Electronic Messaging Services are network based electronic communications, scheduling, information

management tools and are provided for the conduct of county business only. This includes e­mail,fax messages, and other electronic messages that are produced, entered, or received in theCounty’s e­mail service; and any e­mail, fax messages or other electronic messages produced,entered, or received by employees using County computers to access or connect to other e­mailsystems, on­line postings, blogs, instant message services, teaming and/or conferencing sites, orother form of electronic messaging.

There is no expectation of privacy in either sending or receiving electronic messages. Anyelectronic message received by or sent from the County system is the property of the County,may be considered a “public record” and may be subject to disclosure as per the Colorado OpenRecords Act and e­discovery laws. This includes electronic messages forwarded to a personalaccount from a County computer. Under e­discovery laws, in the event that a document orelectronic message has been forwarded to a personal computer or drive, that document orelectronic message may be subject to search and seizure wherever it resides. All employees areresponsible to use electronic messaging in accordance with all applicable laws and Countypolicies.

The County may monitor a user’s electronic message accounts without prior notification. Upon receiptof the authorization for access (see below), the I.T. Manager or designee may access and/orinspect any and all users’ email for any legitimate reason and may do so without prior notification.

The County has the sole and exclusive right to delete and/or retain any or all e­mail of a former userof the e­mail system (see Authorization to Access below).

Infringement, breach, and/or abuse of this policy will be referred to Human Resources and couldsubject the violator to severe penalties that could include criminal and/or civil prosecution.

Procedures:Authorization to Access electronic messaging accounts:

Permission to access a user’s electronic messaging account, for whatever reason, is obtainedby requesting and receiving written authorization first from the appropriate Director and then

8­1

it-08 email use.doc August 19, 2013

Mesa County Information Technology Department – Policy and Procedures Manual

from any one of the following County entities: The County Administrator The County Attorney County Human Resources

The written authorization (email is acceptable) must be sent to I.T. Management by theauthorizing entity.

Usage Guidelines: Don’t use another user’s e­mail account or allow another user to use your account. Each department should establish internal guidelines for the appropriate level of formality for

internal e­mail. E­mail should not be used to transmit confidential information (i.e. informationthat is exempt from public disclosure). Direct any questions concerning confidentiality to theCounty Attorney’s Office.

Personal use of the county e­mail system should be held to a minimum. Don’t use the countye­mail system for personal entertainment, personal gain, or political ventures. Don’t solicit junkor “spam” mail, or subscribe to newsgroups or other e­mail distribution systems not related tocounty business. Don’t use the county e­mail system to send chain letters or to solicit moneyfor religious or political causes. Don’t send offensive messages. Don’t transmit or receive1

any material that is in violation of any federal, state, or local law, ordinance or regulation. It isyour responsibility to contact your supervisor if you receive any such material, offensive, orotherwise prohibited or offensive messages. Don’t use the e­mail system to send or receivecommercial software or other copyrighted or licensed materials in violation of said licensing orcopyrights.

Be aware that the use of County systems to directly access the e­mail services of InternetService Providers or other organizations, including personal accounts, for whatever reason,may result in the services becoming subject to open records actions and e­discovery laws.

Don’t use the e­mail system to provide access to public information without following thecurrent rules and procedures for dissemination of County information. Direct any questionsconcerning the dissemination of County information to the county Public Information Officer.

Don’t use the e­mail system to transmit sensitive information, unless the message andinformation is sent using approved security techniques, including modern encryption and digitalsignature technologies. Electronic messages may not be encrypted without approval from yoursupervisor; if approved, the encryption techniques and key(s) must be approved by thesupervisor and by I.T.

Using the system’s ability to send a message to groups or to all users (“broadcast message”)should be limited and approved by your manager or department head. Each department isresponsible for broadcast messages sent by employees of the department and should identifythe source or sender by department and name; procedures regarding the approval of suchmessages will be left to the individual departments. If you respond to a broadcast message,respond to the source or sender of the message, not the entire group. Make sure you knowyour audience when considering sending a broadcast message. Does it need to becounty­wide or department­wide? Avoid broadcast messages to people with whom you do notordinarily have direct contact. All prohibitions for individual email communications apply to

1 Offensive for the purposes of this policy is broadly defined as containing information or images that would

be considered inappropriate in the county workplace or that would contribute to creating a hostile work

environment.

8­2

it-08 email use.doc August 19, 2013

Mesa County Information Technology Department – Policy and Procedures Manual

group communications.Message retention and retrieval:

Email retention: backups of all e­mail messages are performed on a continuous basis. E­mailis retained for a period of three and half (3.5) years. E­mail stopped by the spam filteringsystem won’t be included unless it is released into the email system by the intended recipientof the message(s). Please be mindful and exercise good judgment in managing your e­mailmessages.

For compliance, archive, long­term reference and legal discovery reasons, the Countyautomatically saves all e­mail messages that are received or sent to/from a County emailaccount.

Only authorized I.T. staff will be able to remove messages from the archive and onlyupon receipt of the authorization to access the information (see page 1).

You are responsible for properly identifying, classifying, and storing e­mail recordsusing applicable document retention rules and regulations.

Archiving of email beyond the defined retention period is not allowed; messages ofany kind (e­mail, calendar items, tasks, etc.) stored in the system will be subject toautomatic deletion based on the age of the message and the defined retention period.

Upon receipt of an authorization to access the information (see page 1), the I.T. Manager ordesignee may access and/or inspect any and all users’ email for any legitimate businessreason, including audits, correcting service problems and ensuring system security, and may doso without prior notification to the users.

E­mail addressed to someone separated from County employment will be made available tothe appropriate manager or supervisor for a period of 30 days after the date of separation.The former user’s mailbox password will be changed and proxy access to the account will begranted to the manager or supervisor. The manager or supervisor is responsible for thedisposition of any and/or all email in the mailbox. Any e­mail the manager or supervisorwishes to keep after the 30 days must be moved, saved, or forwarded out of the former user’saccount prior to the 30 day deadline. Requests for exemption from or extension of the 30 dayperiod will be honored upon receipt of an authorization to access the information (see page 1).Access to e­mail during the 30 day period by someone other than the manager or supervisorwill only be granted by the I.T. Manager upon written (e­mail or paper memo) authorization ofthe manager or supervisor. The County has the sole and exclusive right to delete and/or retainany or all e­mail of a former user of the e­mail system.

8­3

it-08 email use.doc August 19, 2013

Hearing Date Requested: 8/8/13

Date Submitted: 7/30/13

From: Mike Moran Extension: 254-4183

Presenter: Mike Moran, Public Trustee

Agenda Category:

Consent:____Consideration:__X___Briefing:_ ___

TO: MESA COUNTY COMMISSIONERS

TITLE OF ITEM: Approval of Public Trustee’s 2nd Quarter Report for 2013.

RECOMMENDED BOARD ACTION:

Approve quarterly report.

JUSTIFICATION/BACKGROUND:

Pursuant to § 38-37-104(3), C.R.S., the Public Trustee is to make quarterly reports to the Board of County Commissioners, and “upon approval” of the quarterly report, make payment to the county any fees received in excess of the costs of operating the Public Trustee office. The fees are set by state statute for the purpose of covering the costs of providing the Public Trustee services requested, including the salaries, wages, and benefits of Public Trustee employees, as well as other necessary expenses.

IF YOU ARE REVISING OR RENEWING AN EXISTING AGREEMENT OR RESOLUTION, INDICATE MCA OR MCM NUMBER _________________. SUMMARIZE CHANGES ABOVE.

Fiscal Impact: This item is budgeted in the following account code: ________ ________________ ________________

County $__________________ Federal: $____________________ State: $____________________ Other: $____________________

Review:

Agenda___________________________Date_______________County Attorney_______________________ Date_____________

Risk___________________________________Date_______________________Finance______________________________Date____________

AGENDA ITEM SHEET

S:\ADM\AGENDA-hearing -DRAFTS\2013\August 19\Public Trustee Agenda Item 2013.doc

C-3

Mesa County Public Trustee Enhancements Page 1 of 4

July 29, 2013

Mesa County Public Trustee Enhancements

November 1, 2012 through July 29, 2013

The operations of the Public Trustee for Mesa County are funded by fees charged to

banks and other lenders, and not by county tax dollars. The Public Trustee office is not

part of county government, but the Public Trustee leases office space, web site space, and

e-mail service from the county. The Public Trustee also pays to the county any fees

received in excess of the costs of operating the office. The Public Trustee serves as a

neutral party between lenders and borrowers involving a security interest in real estate.

The Public Trustee office is a professional, efficient, and transparent operation, and

Public Trustee Mike Moran continues to enhance the operations of the office.

Here are some of the achievements during the time that Mike Moran has been Public

Trustee for Mesa County starting November 1, 2012. Those enhancements reported in

the January 2013 and May 2013 quarterly reports are italicized.

Enhanced Customer Focus:

(1) Established written procedures for bidders at foreclosure auctions [2012 Q4]

(2) Posted foreclosure lists in more prominent placement on web site [2012 Q4]

(3) Established customer care procedures for direct contact between staff and

customers [2012 Q4]

(4) Added link to Colorado Foreclosure Hotline from web site, and provided more

prominent placement of form on web site for borrowers to use when they intend to

cure their loan default [2012 Q4]

(5) Provided fill-in-the blank forms for releases of deeds of trust on Public Trustee

web site [2013 Q1]

(6) Provided on Public Trustee web page a chart of county foreclosure and release

statistics updated monthly [2013 Q1]

(7) Created form for winning bidders to use to inform the Public Trustee that they

will not assign the Certificate of Purchase, in order to have Public Trustee

Confirmation Deed issued sooner [2013 Q1]

(8) Completed and posted on web weekly foreclosure auction listing of properties

earlier in week (Monday instead of Tuesday) to give potential bidders an

additional day to do their research. [2013 Q2]

(9) Consolidated list of continued foreclosure sale dates into the master list of

pending foreclosures to make information easier to find [2013 Q2]

(10) Increased frequency of updating master list of pending foreclosures to

twice per week [2013 Q2]

(11) Provided public terminal for access to Mesa County foreclosure database

and all documents [2013 Q2]

(12) Added a weekly list of foreclosure sales results to web site [2013 Q3]

Improved Office Efficiency:

(1) Brought in-house the weekly updating of foreclosure lists posted on Public

Trustee web site allowing quicker and more cost-effective updating [2012 Q4]

Mesa County Public Trustee Enhancements Page 2 of 4

July 29, 2013

(2) Worked with foreclosure software developer to upgrade foreclosure software to

be compatible with more recent computer operating system and word processing

system [2012 Q4]

(3) Furthered the cross-training of staff on foreclosure and release tasks

(4) Public Trustee personally works on both releases of deeds of trust and

foreclosures, as well as supervising office [2012 Q4]

(5) Established requirement of flat rate charge from publishers to make creation of

invoices for lenders’ attorneys more efficient [2012 Q4]

(6) Established steps for scanning of documents in order to better prepare for

retention of records, and to utilize e-mail to transmit documents when appropriate

[2013 Q1]

(7) Began utilizing software feature which automatically updates sale date for files

which should not go to sale in current week; this replaced a manual updating

procedure that had previously been utilized for years (savings of one-half to one

hour each week) [2013 Q1]

(8) Signed agreement to utilize a second online conveyor (Ingeo) of requests for

deeds of trust. This should increase the number processed electronically in the

near future. [2013 Q1]

(9) Discontinued maintenance of paper journals of foreclosures; instead provided

public access to electronic database of foreclosure documents; savings of (one-

half to one hour each week) [2013 Q2]

(10) Reduced travel costs and increased in-office time by requesting that some

meetings with other public trustees allow me to participate by phone and e-mail

rather than traveling to distant location. For example, served on two state-wide

committees (Public Trustee Association Guidance Manual Drafting Committee;

and Continuing Education Committee) by participating in several conference calls

and providing input via e-mail. [2013 Q2]

Assisted with County Efficiency & Cost Reduction:

(1) Worked with Clerk & Recorder office to move forward on development of an

“internal” e-recording system [2012 Q4]

(2) Eliminated need for District Attorney to provide services to Public Trustee office

[2012 Q4]

(3) Continue to fill county space that was otherwise empty, and to pay county for use

of space and related services [2012 Q4]

(4) Had county e-recording software installed on Public Trustee computers, and

learned to use software [2013 Q3]

Reduced Operating Costs:

(1) Reduced hours of part-time employee [2012 Q4]

(2) Increased employee contribution toward health, dental, and vision insurance

(3) Reduced employee vacation and sick time accrual [2012 Q4]

(4) Met with county human resources director regarding possibility of contracting

with county for employee insurance [2012 Q4]

(5) Created template for filing court disclaimer without attorney [2012 Q4]

Mesa County Public Trustee Enhancements Page 3 of 4

July 29, 2013

(6) Made staff aware to check print settings to utilize cheaper black & white printing

rather than default color printing in order to reduce monthly Xerox bill [2012

Q4]

(7) Set print defaults on all computers to black and white (potential savings of $70

per month) [2013 Q1]

(8) Reduced staff by one full-time position (April 2013) [2013 Q1]

(9) Began utilizing postage-paid return envelopes to banks for return of promissory

notes and deeds of trust, rather than incurring expense of mailing documents to

borrowers [2013 Q1]

(10) Discontinued taking undeliverable mail that had been sent by Clerk & Recorder

to borrowers whose deeds of trust had been released [2013 Q1]

(11) Reduced legal costs by utilizing other resources before consulting with attorney

[2013 Q1]

(12) Reduced storage costs by beginning to digitize older documents and discarding

stored paper documents; completed digitizing 1987-1989 journals; set goal of

digitizing journals of years 1987-2005 by end of 2014 [2013 Q2]

Enhanced Transparency:

(1) Reviewed and revised annual budget categories [2012 Q4]

(2) Posted budget on web site; conducted public hearing; provided pre- and post-

adoption review by County Commissioners [2012 Q4]

(3) Conducted transparent bid process for newspaper publication contract, including

published notice, posting of invitation for bids on web site, and joint conference

call with interested bidders [2012 Q4]

(4) Provided public access to computer in office with database of all foreclosure

documents [2013 Q2]

Audited Office Procedures to Ensure No Abuses:

(1) Ensured that there is no office automobile, nor automobile which is paid for by

office funds, nor maintenance paid for by office funds [2012 Q4]

(2) Ensured no duplicate billing for any mileage or gas expenses, and that actual gas

expenses or mileage reimbursement may be billed for any required, out-of-town

meeting [2012 Q4][revised 2013 Q2]

(3) Ensured no use of office funds for any office celebrations [2012 Q4]

(4) Ensured no use of office funds for any meals [2012 Q4]

(5) Ensured no use of office funds to pay for any cell phone usage [2012 Q4]

(6) Ensured no use of office funds for any personal use [2012 Q4]

(7) Ensured no use of office funds for massages or any other personal care service

other than contribution towards employee health, dental, and vision insurance

(8) Ensured employee health, dental, and vision coverage and contribution

commensurate with those of county employees [2012 Q4]

(9) Ensured employee retirement program is equivalent to program offered by county

(10) Ensured that Public Trustee salary exactly follows state statute requirements

[2012 Q4]

(11) Ensured that staff salary and wages are merited by qualifications and experience

[2012 Q4]

Mesa County Public Trustee Enhancements Page 4 of 4

July 29, 2013

(12) Ensured that all staff, including Public Trustee, are busy performing tasks

necessary for statutorily-defined duties of administering foreclosures and

releasing deeds of trust [2012 Q4]

(13) Ensured that all staff are working full hours; Public Trustee normally works 7:30

a.m. to 5 p.m. each day, and most frequently has lunch at desk while working

[2012 Q4]

(14) Ensured that no landlord or vendor is being used who has any relation or

personal benefit to Public Trustee [2012 Q4]

(15) Asked all staff to certify review and compliance with the Public Trustee Code of

Ethics; provided staff copies of Sections 24-18-103, 104, 105, 109, 110, C.R.S.

[2012 Q4]

(16) Public Trustee reviewed and certified compliance with the Public Trustee Code of

Ethics, including Sections 24-18-103, 104, 105, 109, 110, C.R.S. [2012 Q4]

(17) Provided annual budget and quarterly financial reports to both Office of the

Governor and to the Mesa County Commissioners; met with County

Commissioners and discussed finances and operation of Public Trustee office

[2013 Q1]

C-4

Hearing Date Requested: August 19, 2013 Date Submitted: August 12, 2013 From: Sheryl Coffey (255-7117) Presenter: Sheryl Coffey Agenda Category: Consent:_X___Consideration:____Briefing:

TO: MESA COUNTY COMMISSIONERS TITLE OF ITEM: Outcome of RFP for Clinic Services

The Board of County Commissioners authorizes the Purchasing Agent to begin negotiations with Community Hospital for employee clinic services and provision of an exclusive provider network for Mesa County's health plan with an expected contract start date of January 1, 2014.

JUSTIFICATION/BACKGROUND: Scope of the RFP (Brief Description):

Request for Proposal RFP-3685-13-SH was published and made available on May 3, 2013 through Susan Hyatt with the City of Grand Junction which requested potential vendors to bid for clinic services to include the following:

Primary care, including diagnostic and preventive care Lab services Prescription Drugs (generic) Wellness and Disease Management Other Services Offered (Examples: Worker’s Comp, CDL Physicals, etc.)

Bids sent to the following entities: Novia HealthStat Community Hospital Primary Care Partners Mesa County Independent Physicians Association (IPA) St. Mary’s Hospital Western Valley Family Practice Rocky Mountain Health Plans Quality Health Network WellDyne

Other potential (but unknown) vendors were able to view the RFP through the City of Grand Junction’s website.

Bids received from the following entities: Novia HealthStat Community Hospital Primary Care Partners

RFP Tentative Time Schedule:

Pre-Bid Meeting: May 8, 2013

Inquiry Deadline: No questions after May 17, 2013 at 12:00 PM

Submittal Deadline for Proposals: June 11, 2013

Evaluation of Proposals: June 12 – July 29, 2013

AGENDA ITEM SHEET

S:\ADM\AGENDA-hearing -DRAFTS\2013\August 19\08-2013 Agenda Item Sheet - Outcome of RFP for Clinic Services (2).doc

I-1

Committee Review of Proposals: July 8, 2013 Committee Review including Tom Fisher, Sheryl Coffey, Seltz Consulting, Mike Stahl from Hilltop and Sheila Naski from SD #51

Finalist Presentations: July 15, 2013 Committee Review including Tom Fisher, Sheryl Coffey, Seltz Consulting, Mike Stahl from Hilltop and Sheila Naski from SD #51

Final Analysis: July 16 – July 29, 2013

Proposal Selection Briefing with BOCC: 07/29/2013

Agenda for Briefing:

Final decision needed by 08/12/2013 Review of Process/Timeline Review Relationship to Strategic Plan Review Decision Criteria/Ranking

Final Selection Briefing with BOCC: 08/12/2013

Board of County Commissioners Public Hearing Approval: August 19, 2013

Contract Negotiation: Begins August 20, 2013

Based on analysis, the Board of County Commissioners authorizes the Purchasing Agent to begin negotiations with Community Hospital for employee clinic services and provision of an exclusive provider network for Mesa County's health plan with an expected contract start date of January 1, 2014.

IF YOU ARE REVISING OR RENEWING AN EXISTING AGREEMENT OR RESOLUTION, INDICATE MCA OR MCM NUMBER -- N/A. SUMMARIZE CHANGES ABOVE.

Fiscal Impact: This item is budgeted in the following account code: 510.10921.50603

County: $658,521.86 for clinic services through Community Hospital Federal: $ N/A State: $ N/A Other: $ N/A

Review:

Administration: ____________________________________________ Date: _______________________________________ County Attorney: ___________________________________________ Date: _______________________________________ Risk: _____________________________________________________ Date: _______________________________________ Finance: __________________________________________________ Date:

S:\ADM\AGENDA-hearing -DRAFTS\2013\August 19\08-2013 Agenda Item Sheet - Outcome of RFP for Clinic Services (2).doc

ACTION/DECISION DATE DUE FOR ACTION/DECISION

INFORMATION/COMMENTS ACTION/RESOLUTION

AGENDA Final Selection Briefing with BOCC

Meet with BOCC on 07/29/13

Final decision due by 08/12/13

Review of Process/Timeline Review relationship to Strategic Plan Review Decision Criteria/Ranking

Meet with BOCC to review offers for final decision/approval of a clinic vendor by the BOCC

Finalize questions related to the vendors or bids

VENDOR RESPONSE TO RFP Bids sent to the following entities: Novia HealthStat Community Hospital Primary Care Partners Mesa County Independent Physicians Association (IPA) St. Mary’s Hospital Western Valley Family Practice Rocky Mountain Health Plans Quality Health Network WellDyne All Others (through website)

Bids received from the following entities: Novia HealthStat Community Hospital Primary Care Partners

TIMELINE Evaluation of Proposals Due by 07/12/2013 Evaluation of proposals (Tom Fisher, Sheryl Coffey & Seltz Consulting) Completed Committee Review Committee Meeting

scheduled for 07/08/213 Committee Review (Committee includes Tom Fisher, Sheryl Coffey, Seltz Consulting, Mike Stahl from Hilltop and Sheila Naski from SD #51)

Completed

Finalist Presentations Presentations scheduled for 07/15/13

Finalist Presentations (Committee includes Tom Fisher, Sheryl Coffey, Seltz Consulting, Mike Stahl from Hilltop and Sheila Naski from SD #51)

Completed

Final Selection Briefing with BOCC

Meet with BOCC on 07/29/2013

Final decision due by 08/12/2013 Review of Process/Timeline Review relationship to Strategic Plan Review Decision Criteria/Ranking

Final Selection Due by 08/12/2013 Board of County Commissioners approval by Public Hearing

Public Hearing on 08/19/2013

Contract Negotiation Begins 08/19/2013

RELATIONSHIP TO STRATEGIC PLAN Relationship to Strategic Plan Strategic Plan (Successful Outcomes):

Grow and sustain a healthy and conservative fund balance that protects Mesa County services from the unpredictable fluctuations in our economy. By continuing to provide quality benefits at a lower cost, will help save money.

Employees are highly motivated to contribute to the success of Mesa County and to their own personal success. By continuing to provide quality benefits at a lower cost to employees, we will continue to be an employer of choice

Our employees feel valued and understand that their contributions to Mesa County’s health and well-being are critical to Mesa County’s success. By continuing to provide quality benefits at a lower cost to employees, we continue to show our employees that we value their health and well-being.

STEPS TO PROCESS COMPLETION Final Decision on Clinic Vendor Due by 08/12/13 Need final decision of

a clinic vendor from BOCC

Board of County Commissioners approval by Public Hearing

Public Hearing on 08/19/2013

Go before BOCC in public hearing for approval of the clinic vendor

Contract Negotiation Begins 08/20/13

RANKING DEFINITION: 1 = Best2 = 2nd Best3 = 3rd Best4 = 4th Best5 = 5th Best

Vendor:Model:

(Physician or PA)

Model Ranking:

Integration with Medical Community:

(What ties does the vendor have with the local medical community?)

Integration with Medical

Community Raking:

Choice of Provider:(Do employees/dependents have a choice of

doctors?)

Choice of Provider Ranking:

Other Options:(Were other cost savings

options presented?)

Other Options Ranking:

Cost:(Cost of providing

benefit)

Cost Ranking:

Comprehensive Approach:(Does the vendor provide a total

approach to medical care?)

Comprehensive Approach Ranking:

TOTAL OF RANKINGS: (Lowest #

Represents Best Choice)

Novia Physician 1 Headquarters in Indiana 3 2 Physicians available 3 Predictive Modeling 3 $731,962.00 3 Preventive/Acute Care 2 15Hire local providers Wellness ProgramUse local lab (LabCorp)Local physical location

HealthStat Physician Assistant 2 Headquartered in North Carolina 4 1 Physician Assistant available 5 Predictive Modeling 3 $799,908.12 5 Preventive/Acute Care 2 21Hire local/national providers Wellness ProgramUse local lab (LabCorp)Local physical location

Community Hospital:Primary Proposal (Clinic) Physician 1 Headquartered in Grand Junction 1

12 Physicians available through Grand Valley Primary Care 2 EPO Option 1 $658,521.86 2 Preventive/Acute Care 2 9

Hire local providers Wellness ProgramUse on-site labLocal physical location

Community Hospital:Option #1 (Health Dept) Physician 1 Headquartered in Grand Junction 1 1 Physician available 4 EPO Option 1 $574,250.86 1 Preventive/Acute Care 2 10

Hire local providers Wellness ProgramUse on-site labLocal physical location

Primary Care Partners:Option #1 (Integrated) Physician 1 Headquartered in Grand Junction 2 54 Physicians available 1 Behavioral Health 2 $754,553.20 4 Preventive/Acute Care 1 11

Hire local providers Care Coordinators Behavioral HealthUse local lab Wellness ProgramLocal physical location

Primary Care Partners:Option #2 (Separate) Physician 1 Headquartered in Grand Junction 2 1 Physician available 4 None 4 $892,553.20 6 None 3 20

Hire local providersUse local labLocal physical location

Community Hospital:Option #2 (EPO)* Headquartered in Grand Junction Yes -- depending on the service Integrate with clinic model

All Services performed at Community Hospital

Hire local providersUse on-site labLocal physical location

OTHER OPTIONS:

DECISION CRITERIA:

*EPO plans provide members with low cost health insurance by controlling the costs of medical services. This is done by requiring EPO members to visit doctors within networks provided to them. Insurers negotiate lower rates with the medical providers in exchange for patients. By visiting doctors within their provider netowkr, members pay low co-payments. From their provider networks, members must select primary care physicians who are in charge of their medical decisions. PCP's have the authority to refer their patients to other doctors or specialists for necessary medical services.

Page 1 of 3

August 5, 2013

Audio

CALL TO ORDER

At 9:05 a.m., Chair Steven Acquafresca called to order a regular Administration

meeting of the Board of Mesa County Commissioners at the Mesa County

Courthouse, Commissioners Public Hearing Room, 544 Rood Avenue, Grand

Junction, Colorado. Those present included Commissioner John Justman,

Commissioner Rose Pugliese, Tom Fisher, County Administrator; Lyle Dechant,

Mesa County Attorney; Gina Schlagel, Administrative Assistant to the Office of

the Clerk & Recorder. (Minutes transcribed by Gina Schlagel).

APPROVAL OF MINUTES

Abatement Hearing, July 9, 2013

JOHN JUSTMAN MOVED, ROSE PUGLIESE SECONDED, AND MOTION

UNANIMOUSLY CARRIED TO APPROVE THE MINUTES OF THE ABATEMENT

HEARING ON JULY 9, 2013 AS PRESENTED.

COMMISSIONERS' REPORTS

Commissioner Justman toured some of the Hilltop facilities and the Latimer

House.

Commissioner Pugliese attended the GJEP quarterly update; met with Clifton

Water and Land & Fire Chief and staff to discuss water issues they are having in

Whitewater; attended a joint city and county meeting; attended the Hilltop tour

and met with constituents.

Chair Acquafresca also toured Hilltop and stated that they have 26 facilities,

approximately 600 employees and contract with the Division of Youth Services,

among others, in the community; met with representatives from the Mesa Land

Trust to discuss Great Outdoor Colorado grant opportunities.

ADMINISTRATION

CONSENT AGENDA

1. ADOPT A RESOLUTION CHANGING THE NAME FOR THE PROPERTY KNOWN

AS THE MESA COUNTY FAIRGROUNDS LOCATED AT 2785 HIGHWAY 50, GRAND

JUNCTION, COLORADO, TO MESA COUNTY FAIRGROUNDS AT VETERANS

MEMORIAL PARK. (Resolution on file at the Mesa County Clerk's Office;

Minutes

Page 2 of 3

recorded in Book 5512, at Page 96, Reception No. 2664477, Resolution File No.

MCM 2013-035.)

2. ADOPT A RESOLUTION UPDATING APPROVED NOISE LEVELS DURING

EVENTS HELD AT THE MESA COUNTY FAIRGROUNDS AT VETERANS MEMORIAL

PARK. (Resolution on file at the Mesa County Clerk's Office; recorded in Book

5512, at Page 98, Reception No. 2664478, Resolution File No. MCM 2013-036.)

3. AUTHORIZE THE PURCHASING DIRECTOR OR DESIGNEE TO APPROVE A

PURCHASE ORDER FOR TWO (2) TPE-5900-HD 1000PPI LIVE SCAN BOOKING

STATIONS WITH INTEGRATED FULL HAND SCANNING, PLUS ANNUAL

MAINTENANCE AFTER THE FIRST YEAR WARRANTY AND COLORADO ENTERPRISE

CUSTOMIZATION, AND A TOUCH PRINT DUPLEX FINGERPRINT CARD PRINTER

FROM SAFRAN MORPHOTRUST USA AT A COST OF $81,646.00, FUNDED BY A

SCAP GRANT. (Donald Hendricks, Sheriff’s Office.)

4. REAPPOINT JANICE RICH, TODD HOLLENBECK, TOM ORR AND SHEILA

PORTER TO THE MESA COUNTY PERSONNEL APPEALS ADVISORY BOARD, EACH

TO SERVE A TWO YEAR TERM, ENDING AUGUST 5, 2015. (Victoria Patsantaras,

Administration.)

CONSENT ITEMS DISCUSSION

Jack Lucas, Intermountain Veterans Association Member presented a copy of

the plaque presented on October 2, 1977 by Mesa County stating the original

agreement was to keep the name 'Veteran's Memorial Park,' and he has

appreciated very much the community support. Chair Acquafresca stated the

entire community is grateful for what those in the Veterans Association have

contributed.

Commissioner Pugliese confirmed that the SCAP Grant funds utilized in C3 are

not Mesa County funded.

COMMISSIONER PUGLIESE MOVED, JOHN JUSTMAN SECONDED AND MOTION

UNANIMOUSLY CARRIED TO APPROVE CONSENT AGENDA ITEMS ONE THROUGH

FOUR.

ADJOURN BOARD OF COUNTY COMMISSIONERS HEARING

CONVENE AS THE BOARD OF HUMAN SERVICES

APPROVAL OF MINUTES

July 15, 2013

Page 3 of 3

JOHN JUSTMAN MOVED, ROSE PUGLIESE SECONDED, AND MOTION

UNANIMOUSLY CARRIED TO APPROVE THE MINUTES OF THE BOARD OF HUMAN

SERVICES ON JULY 15, 2013 AS PRESENTED.

INDIVIDUAL CONSIDERATION

1. APPROVE PROPOSED FINAL COMMUNITY SERVICES BLOCK GRANT BUDGET

FOR 2013, AS OUTLINED ON THE ATTACHED LETTER, WHICH REFLECTS A NEW

BUDGET BASED ON AN INCREASE IN FUNDING ALLOTTED TO THE STATE OF

COLORADO IN RECENT WEEKS, AND AUTHORIZE THE CHAIR TO SIGN. (Report

on file at the Mesa County Clerk's Office; Report File No. R 2013-018.)

Presenter: Grant Jackson, Mesa County Department of Human Services

Grant stated that due to the sequestration, they had only released partial

funding, and now request again full funding for the rest of the year for the

CSBG program. This grant is federal funded and no Mesa County funds will be

utilized.

ROSE PUGLIESI MOVED, JOHN JUSTMAN SECONDED, AND MOTION

UNANIMOUSLY CARRIED TO APPROVE PROPOSED FINAL COMMUNITY SERVICES

BLOCK GRANT BUDGET FOR 2013, AS OUTLINED ON THE ATTACHED LETTER,

WHICH REFLECTS A NEW BUDGET BASED ON AN INCREASE IN FUNDING

ALLOTTED TO THE STATE OF COLORADO IN RECENT WEEKS, AND AUTHORIZE

THE CHAIR TO SIGN.

ADJOURN BOARD OF HUMAN SERVICES

RECONVENE BOARD OF COUNTY COMMISSIONERS

(For complete details on any item click on the

audio link at the beginning of the document.)

ADJOURN

With no further business to come before the Board, Chair Acquafresca

adjourned the meeting at 9:24 a.m.

Sheila Reiner,

Mesa County Clerk & Recorder

_________________________________ ________________________________

Gina Schlagel Chair Steve Acquafresca

(Verbatim digital files of the Commissioners' Proceedings of August 5, 2013, are on file

in the Mesa County Clerk's Office.)