PROWERS COUNTY, COLORADO BOARD OF COMMISSIONERS  FEBRUARY 21, 2023  COMMISSIONERS BOARD ROOM, 2nd FLOOR OF COURTHOUSE  301 S. MAIN STREET, LAMAR, CO 81052  8:00a.m. 8:30a.m.  Board of Human Services Meeting, Lanie Meyers-Mireles  Board of Health, Meagan Hillman  WORK SESSION  9:00a.m.  BOCC  Updates  MEETING AGENDA  Invocation Pledge of Allegiance Call Meeting to Order Roll Call  1:00 p.m.  CONSENT AGENDA ACTION ITEMS:  1. Consider Approval of Adoption of Agenda  2. Consider Approval of Payment of Bills Presented and of Voiding Checks, ifany  3. Consider Approval of February7, 2023 Meeting Minutes  Public Appearances  Anyone wishing to address the BOCC may do sO at the discretion of the Board and subject to at three-minute limitation.    1:05 p.m.  Executive Session pursuant to C.R.S Section 24-6-402(4)(b) and (F) (Conference with the Attorney for the Board for the purposes ofr receiving legal advice on specific legal questions and personnel matter).  Motion to recess: Prowers County Board of Commissioners Meeting  BOARD OF ADJUSTMENT MEETING AGENDA  1:30 p.m,  Motion to open the BOA Meeting Call Meeting to Order Roll Call  Motion to open Public Hearing Michelle Hiigel, Land Use Administrator  Public Hearing Re: Variance request by EF&M Land and  Cattle LLC  Motion to close Public Hearing  BOA ACTION ITEMS:  1. Consider approval for a request by E F& M Land & Cattle, LLC, for a variance to construct al hay shed 25 feet from the front property line-setback requirements are a minimum of 50 feet. The property is located in Section 25, Township 22, Range 47 West, the 6th P.M.,  located in an A-1 Irrigated Agriculture Zoning District.  Motion to close: Prowers County Board of Adjustment Meeting  Motion to Reconvene: Prowers County Board of Commissioners Meeting  Michelle Hiigel, Land Use Administrator  Discussion Re: Certificate of Completion Request by  Glen and Connie Koeller  2    Mark Westhoff, Prowers County Administrator  Updates  Rose Pugliese, Esq.  County Attorney Update  ACTION ITEMS:  1. Consider the request of Glen and Connie Koeller for a Certificate of Completion for Farm Nos. . 62A, 118 and 141 and full release from the requirements of the Amended Permit to Conduct a Designated Activity of State Interest or to Engage in Development in a Designated Area of State Interest for the Amended Application Filed by Arkansas River Farms, LLCand Lower Arkansas Water Management Association and now Amended toi include Arkansas River 2. Consider approval of First Amendment to Memorandum of Understanding to facilitate the Prowers County Hotline County Connection Center with answer and processing of Child Welfare and Adult Protection Services related Hotline calls and performing tasks outlined in the MOU's effective December 1, 2019 and ending December. 31, 2019 with EI Paso County and authorize Lanie Meyers-Mireles, Director of Human Services, to execute the document. 3. Consider approval of Acknowledgement for Issuance of a Special Event Liquor Permit, issued on 2-21-2023 to BPOE Lodge Elks for the USA Lodge NO. 1319, event scheduled for February 4. Consider ratifying 2-7-2023 Verbal Poll approval of appointing Craig Schenck to the East Prowers' Weed Control District Board to fill the remaining term of position for David Wagner, 5. Consider ratifying 2-10-23 Email Poll approval of a Letter of Support sent to Colorado Office of Economic Development and International Trade (OEDIT) Economic Development Council of Colorado in support of Prowers Economic Prosperity's (PEP) Grant Application for Colorado Office of Economic Development and International Trade's EDO Action Grant. 6. Consider ratifying 2-10-2023 Verbal Poll approval for Payment of Bills presented ini the amount of $122,659.30 and DHS with WHC Bills presented in the amount of $8,368.04. 7. Consider Approving Colorado Local Government Opioid Participation Forms to participate in settlement agreements by the Colorado Attorney General and releasing opioid-related legal claims against five opioid companies: Teva Pharmaceutical Industries Ltd., Allergan Finance LLC/Allergan Limited, Walmart Inc, CVS Health Corporation/CVS Pharmacy Inc, and' Walgreen  Farms, LLC, ETAL.  25, 2023.  term ending January 2024.  Co., authorizing BOCC Chairman to execute the documents.  3    8. Consider. Approving Amendment to Consulting Services Agreement between Prowers County and MGT Consulting Group effective from. January 31, 2023 to January 31, 2024 for MGTto provide FY2220 CFR Part 200 Compliant Cost Allocation Plan to Prowers County totaling 9. Considerratifying: 2-15-23 Email Poll approval ofa general Letter of Support for Crossroads' Turning Points, Inc in their request for enhanced Substance Use Disorder services and supports to benefit residents of Prowers County and southeastern Colorado. 10. Consider approval of appointment of two members to the Prowers County Planning  $5300, and authorizing BOCC Chairman to execute the document.  Commission Board for terms that expire January 2026.  NOTE: This Agenda is provided for informational purposes only. Action may be taken on any or all of the items. All times are approximate. Ifany given item is finished earlier than anticipated, the Commissioners may move on to the next item. The only exceptions are public hearings on items which have had published notices of a If you need assistance in participating in this meeting due to a disability as defined under the Americans with Disabilities Act, please call 719-336-8030 at least three days prior to the scheduled meeting to request an  specific hearing time; those items will not begin until the specific time or after.  accommodation.  4    PROWERS COUNTY  AGENDA ITEM REQUEST FORM  Hearing Date Requested: 2/21/2023 Submitter: Michelle Hiigel, Land Use  Submitted to the County Administration Office on: 2/14/2023 Return Originals to: Michelle Hiigel, Land Use Number of originals to return to Submitter: 1  Contract Due Date: N/A  Item Tite/Recommended Board Action:  Consider approval for a request by EF &N MLand & Cattle, LLC, for a variance to construct al hay shed 25: feet from the front property line-setback requirements are ai minimum of 50: feet. The property is located in Section 25, Township 22, Range 47 West, the 6th P.M., located in an A-1  Irrigated Agriculture zoning district. Justification or Background:  Peter Page, sole proprietor ofEF &MLand & Cattle, LLC, would like to construct al hay shed on said property. The placement of the building does not meet the minimum front yard setback of50  feet.  Approved by the County Attorney on: Additional Approvals (if required):  PLEASE ATTACH THIS SHEET TO ALL AGENDA ITEMS WHEN SUBMITTINGTO  COUNTY ADMINISTRATION.  THANK YOU!    The Prowers County Board of Adjustment hereby gives notice thatag public hearing will be held at 1:30p.m., February 21, 2023, inthe Board ofCounty Commissioners) Boardroom,: 301 South Main Street, Lamar, Colorado concerning a request by Peter Page dba' EF& &ML Land.and Cattle, LLC foray Variance toJ permita minimum 253 foot front setback in'l lieu of the required 50 foot minimum setback. Additional information onthe prolect is available for review at the Prowers County LandUse Office, 1001 South Main Street, La- mar, Colorado. Any questions concerning the application can! be directed to Michelle Hligel, Prowers County Land Use Adminis- Aton,at79336898, All interested parties, either inf favor or against, are invited to maket their appearanceatthist time. Prowers County Board ofA Adjustment Ron Cook; Chair Publlshed: Lamar Ledger February 2,2023-1951601  Public Notice  Public Notice  Amended Public Notice:, NOTICEC OF PUBLIC HEARING  has  Thel legal description for1 the property, Public! in which Notice the Variance published on February2 been requested, 2,2023. was Please omitted seet the In Amended the Public! Notice below: The Prowers County Board of Adjustment hereby gives, notice that a public hearing willl be heldat130p.m. Boardroom, February21.2073 301 South inthe Main Street, Board of Lamar, County, Colorado. Commissioners concerning a request by Peter Page dba EF&MLand and Cattie, LLC. foraVariancet top permita 50 foot a minimum 25 foot front setback In lieu of the required, No. minimum setback, located In Section. 25 (a.k.a Indian Claim 26), Township2 information 225, Range on 47W, the 6th P.M., Is available for review at Additional the Prowers County Land Use Office, project 1001 South! Main Street, La- mar,Colorado. Any questions concerning the application çan be directed to Michelle Hiigel, Prowers County Land Use Adminis- tatoat7536ES. All interested parties, either in favor or against, are invited to make their appearance: att thist time. Prowers County Boardo ofA Adjustment Ron Cook,Chair Published: Lamar LedgerF Februaryg 9,2 2023-1953815        U.S. Postal Service" CERTIFIED MAIL RECEIPT Domestic Mail Only Ford delivery information, visilourv website atiwtisps.com. 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(ulectronic) Cerlifad Mail RestrictedDale DAdans SignaturoR Required JAdut Signature RestrictedDalivn $0.00 Postage $0.63 otal Postage: and Foes $4.78 ask, NGPFHOBOKN Ick Panpano, dApabd Oy 78578 PSForm3 3800,Apri2 201528./X20X97 SwReresermarion  website atwwwsdscoli)  SE 0779 05 PAstmarid 'Hare  SE 0779 05 Postrark Herd 2023 02/02/2023 C  $0.00 $0.00 $0.00  9998 02702/2023  Aheoclmann    U.S. Postal Service" CERTIFIED MAILO RECEIPT Domesticn Mail Only Fordalvery/lmlomaton: visit our website atwwwusps.com). Lamar c0810520 Cortified MailFce $4.15 Fces check Patumfecuptp (ardoopy neumReceipt (lectronic CervfedM MailF tedDery JAcuts SignatureR Required AOuts Postage $0.83 TotalPostager and t To 7 Ee DoT PSForm 3800.  SE 0779 05 Postmal Here 2023 02/02/2023  0u 710,00 $0.00   81652099 Smaset camah Co 81052  SceReverset forInstructionsi    PROWERS COUNTY  AGENDA ITEM REQUEST FORM  Hearing Date Requested:  2/21/2023  Submitter:  Darla Scranton Specht/Michelle Hiigel  Submitted to the County Administration Office on: 02/14/2023  Return Originals to: Michelle Hiigel  Number of originals to return to Submitter: 1 Contract Due Date: Not applicable. Item Itle/Recommended Board Action:  Consider the request of Glen and Connie Koeller for a Certificate of Completion for Farm Nos. 62A, 118 and 141 and full release from the requirements of the. AMENDED PERMIT TO CONDUCT A DESIGNATED ACTIVITY OFS STATE: INTEREST ORTO: ENGAGE: IN DEVELOPMENT: IN A DESIGNATED AREA OF STATE: INTEREST FOR THE. AMENDED APPLICATION FILED BY ARKANSAS RIVER FARMS, LLC. AND LOWER. ARKANSAS WATER MANAGEMENT ASSOCIATION AND NOW. AMENDED TO INCLUDE. ARKANSAS RIVER FARMS, LLC, ETAL. Av work session was held on this matter on February 7, 2023 to discuss the status of Farm Nos. 62A, 118 and 141. Agronomist Michelle Nelson will provide her report and final recommendations regarding Koeller's request on February 21,2022. Because the request has been made by Mr. and Mrs. Koeller, action will be required by the Board of County Commissioners for Prowers County, Colorado sitting as the 1041 Permit  Justification or Background:  Authority to approve or deny the request.  Fiscal Impact: All time of staff and attorney is included in the cost deposit from Mr. and Mrs.  Koeller.  Approved by the County Attorney on: February 13, 2023 by Darla Scranton Specht  as Special County Attorney for assigned 1041 matters. Additional Approvals (if required): None.  PLEASE ATTACH THIS SHEET TO ALL AGENDA ITEMS WHEN SUBMITTINGTO  COUNTY ADMINISTRATION.  THANK YOU!    PROWERS COUNTY AGENDA ITEM REQUEST FORM  Hearing Date Requested: 2/21/23 Submitter: Department of Human Services  Submitted to the County Administration Office on: 2/7/23 Return Originals to: Department ofHuman Services Number of originals to return to Submitter: 1  Contract Duel Date: ASAP  Item Title/Recommended Board Action:  "Consider approval ofl First Amendment to Memorandum ofUnderstanding to facilitate the Prowers County Hotline County Connection Center with answer and processing of Child Welfare and. Adult Protection Services related Hotline calls and performing tasks outlined in the MOU's effective December 1, 2019 and ending December 31,2019 with El Paso County and authorize Lanie Meyers-Mireles, Director ofHuman Services, to sign with a handwritten signature."* Justification or Background: El Paso County reached out to Ron Trowbridge stating this MOU had not been executed and they need a signed agreement. This MOU Amendment allowed for additional compensation to the HCCC for services during the stated time period. Fiscal Impact: This item is budgeted in the following account code:  2019 Additional Revenue: $15,000  County: $  Federal: $  State:  Other:  Approved by the County Attorney on: Additional Approvals (if required): COUNTY ADMINISTRATION.  PLEASE ATTACHTHIS SHEET TO ALL AGENDA ITEMS WHEN SUBMITTINGTO  THANK YOU!    FIRST AMENDMENTTO MEMORANDUM OF UNDERSTANDING  Between ELPASO COUNTY and PROWERS COUNTY  This First Amendment to Memorandum of Understanding ("First Amendment") regarding the Hotline County Connection Center (HCCC) ist made by and between El Paso County. Colorado ("EI Paso County") ab body corporate and politic by and through its Board of County Commissioners. and Prowers County, Colorado body corporate and politic by and through its Board of County Commissioners ("Prowers County"). El Paso County and Prowers County shall jointly be referred to as the "Parties".  RECITALS  Hotline  : In 2015. the state of Colorado activated the Colorado Child Abuse and Neglect ("Hotine)inordert top provideaone. easy-to-remember toll-free phone number fori individuals to use statewide to report suspected child abuse and neglect. The hotline serves as a direct. immediate and efficient route to the counties which are responsible for accepting and responding to child abuse and neglect inquiries and reports. The Hotline calls are currently 2. This Memorandum of Understanding ("MOU") is developed in partnership between Prowers County and El Paso County. with confirmation by the State ofColorado ("State"). for Prowers County to manage and administer calls to the Hotline regarding persons that 3. Prowers County. through its Hotline County Connection Center ("HCCC"), agrees to answer and process Child Welfare ("CWrelated and APS related Hotline calls on behalfof! El Paso County ("Call Coverage Services"). Prowers County will perform the tasks outlined in this MOUS as they relate to Call Coverage Services. El Paso County will perform the tasks identified in the MOU to assist the HCCC with successfully receiving the Hotline calls so El  routed to the County where a child resides. reside in El Paso County. Colorado.  Paso County can complete the final disposition of each call.  FIRST AMENDMENT  A. The First Amendment is effective December 12. 2019 and will remain inj place up to and B. The First Amendment increases the original MOU budget by $15.000.001 to cover the costs ofcall IN WITNESS WHEREOF. the Parties hereto have caused this First Amendment to be executed as of this  including December 31. 2019.  coverage services for the remainder of2019.  26 day of December  2019.    FIRST AMENDMENT TOI MEMORANDUM OF UNDERSTANDING FOR:HOTLINE COUNTY CONNECTION CENTER  CONTRACTI NO. DHS-18-52 PAGE2  Approving Entities  Approving Entities  Signed: Name: Mark Waller/ Title: Chair ATTEST: BY: County Clerk and Rccorder APPROVED. AS1 TO FORAJ BY: DMALWg Office oft the County Attorney Entity: EI Paso County  Signed: Name: Title: Entity: Prowers County. Date: Signed: Name: Ann Williams Title: Hotline  du  State Confirmation  as OH4p aVD  System  Operations Analyst  Entits: Colorado Department of! Human Services    Rachel Kline From: Sent: To: Subject:  Lisa Kirkman Thursday, December 5, 20192:59PM Diana May; Rachel Kline Re: Direction Needed - Prowers MOU  Thanks Diana. Rachel- do you have what you need for next step? Thanks. Lisa  Get Outlook fori iOS  From: Dianal May OlanaMayeepascco.om, Sent: Thursday, December 5, 20192:52:41 PM Subject: FW: Direction Needed Prowers MOU  To: Rachel Kline acekinePepsptocom, Lisa Kirkman tsakhmanepaoocm  From: Diana May DanMayeepaoco.om Sent: Thursday, December 5, 20192:49PM To: Lisa Kirkman dskrmanepaoocon Cc: Dianal May OanaMayeepaoco.om Subject: RE: Direction Needed - Prowers MOU  So-Ithink we do need to -V while we have the exact amount and then ap paragraph saying we may exceed, that paragraph there willl be "adjustments" to the MOU-Ithinki it safer to go! back this year, and perhaps amend the "Should" paragraph to say something thati if the reports exceed this estimate, this MOU authorizes payment of those  additional reports at the pro-rata agreed upon rate...  My 2 cents. Thanks, Diana    PROWERS COUNTY  AGENDA ITEM REQUEST FORM  Hearing Date Requested:  2-21-23  Submitter:  Jana Coen - County Clerk  Submitted to the County Administration Office on: 2-7-23 Return Originals to: Jana Coen - County Clerk Number of originals to return to Submitter:  0  Contract Due Date:  Item Ttle/Recommended Board Action:  Consider approval of Acknowledgement for Issuance of a Special Event Liquor Permit, issued on 2-21-2023 to BPOE Lodge Elks for the USA Lodge NO. 1319, event scheduled  for February 25, 2023 Justification or Background:  Fiscal Impact: This item is budgeted in the following account code:  County: Federal: $_ State: Other:  $_ $_ $  Approved by the County Attorney on: Additional Approvals (if required):    DRE 8439( (09/19/19) Liquor Enforcement Division (303): 205-2300 Social Patriotic Political LIAB  Departmental Use Only  COLORADOI DEPARTMENT OF REVENUE Application for a Special Events Ino ordert toc qualify for a Special Events Permit, You Must Be a Qualifying Organization Per 44-5-102 C.R.S.  Permit  and One oft the Following (See back for details.) Frateral JChartered Branch, Lodge or Chapter  DAthletic National Organization or Society Religious Institution Type of Special Event Applicant is Applying for:  Philanthropic Institution Political Candidate Municipality OwnedA Arts Facilities $25.00 Per Day Liquor Permit Number  DOI NOT WRITE IN THIS SPACE  2110 Malt, Vinous And Spirituous Liquor 2170 Fermented Malt Beverage 1. Name ofApplicant Organization or Political Candidate 2. MailingA Address of Organization orF Political Candidate (include street, city/town andz ZIP) 28157 US HWY287 LAMAR, CO 81052  $10.00 Per Day  State Sales Tax Number (Required) 15-01224-0000  BPOE LODGE ELKS FOR THE USAI NO. 1319  3. Address ofF Placet to Have Special Event (include street, city/town andz ZIP) 28157 US HWY287 LAMAR, CO81052  4. Authorized Representative of Qualifying Organization orF Political Candidate Authorized Representative's Mailing Address (ifc different than address provided in Question2 2.)  Date ofE Birth  Phone Number  Jeffrey Graves Lori Green  707 Mullen St, Lamar, CO 81052  5. Event Manager  Date ofE Birth Phone Number EmailA Address of Event Manager  Event Manager Home Address (Street, City, State, ZIP) 6. Has Applicant Organization or Political Candidate been Issued a Special Event Permit this Calendar Year? No Yes Howr many days?.  15 Scott Place, Lamar, CO. 81052  loridawns5@lve.com  7. Ist thep premises forv which youre eventi ist to ber held currentlyl licensed under the  Colorado Liquor orB Beerc codes? No Yes License Number Date m. Hours From m. To Date m. Hours From m. To Date m. Hours From m. To  09-16486-0000 Date m. Hours From m. To Date m. Hours From m. To Date m. Hours From .m. To Date 3-7-33  8. Does the Applicant Have Possession or Written Permissioni fort thel Use of The Premises tob bel Licensed? Oyes ONo  ListE Below the Exact Date(s) for Which Applicationi is Being Madef for Permit  Date 02/25/20 Hours From 10a-m. Hours From To 10p.m. Date Hours From To Date Hours From To  Date To Date m. Hours From .m. To Date m. Hours From m. To  Date m, Hours From .m. To Date m. Hours From m. To Date .m.. Hours From .m, To Oath of Applicant Title  .m. m. m. m. m. m.  Ideclare under penalty ofp perjury in the second degree that have read the foregoing application and all attachments thereto, and  that alli informationt therein ist true, cgrrect, and complete to the best ofr myl knowledge.  Srcmee  Secretary/ Officer of the Board  and Approval of Local Licensing Authority (City or County) THEREFORE, THIS APPLICATION IS APPROVED.  Thef foregoing application has been examined andi the premises, business conducted and character of the applicant is satisfactory, and we dor report that such permit, ifgranted, will comply with the provisions of Title 44, Article 5, C.R.S., as amended.  F  Locall Licensifpjuthorily Civyprounty PRONERS Daurly Z441N License Account Number  City TKE) Liability Information State (Instructions on Reverse Side)  Telephone Numbero of City/County! Clerk:  x County 719-336-801 Poweis nucyller  Signature  Date:  CR  WRITE IN THIS SPACE- - FOR DEPARTMENT OF REVENUE USE ONLY  Liability Date  Total  -750 (999) $    OFFICE OF THE SECRETARY OF STATE OF THE STATE OF COLORADO  CERTIFICATE OF FACT OF GOOD STANDING I,Jena Griswold, as the Secretary of State of the State of Colorado, hereby certify that, according to the LAMAR, COLORADO, LODGE NO. 1319BENEVOLENT AND! PROTECTIVE ORDER OFELKS  records ofthis office,  OF THE UNITED STATES OF AMERICA  isa Nonprofit Corporation  formed or registered on 09/01/1982 under the law of Colorado, has complied with all applicable requirements of this office, and isi in good standing with this office. This entity has been assigned entity This certificate: reflects: facts established or disclosed by documents delivered tot this office onj paper through 02/06/2023 that have been posted, and by documents delivered to this office electronically through Ihave affixed hereto the Great Seal of the State ofColorado and duly generated, executed, and issued this official certificate at Denver, Colorado on 02/07/2023 @ 14:21:54 in accordance with applicable law.  identification number 19871489797.  02/07/2023 @ 14:21:54.  This certificate is assigned Confirmation Number 14680125  SINE NUMI 105 1876  genauovll Secretary of State of the State of Colorado  End of Certificate*  Notice: A certificate issued electronically from the Colorado Secretary of State's website is fully and immediately valid and effective. However, as an option, the issuance and validity ofa certificate obtained electronically may be established by visiting the Validate a Certificate page af the Secretary af State's website, Atps/AnnwcolorudavosgowbCmfcana-SearchCriteriado entering the certificate's confirmationi number displayed ont the certificate, and following thei instructions displayed. Confirming the issuance ofac certificate ismerely optional and is not necessary to the valid and effective issuance ofa certificate. For more information, visit our website, Atps/Amm.colorudaos, govo click "Businesses, trademarks, trade names" and select "Frequently Asked Questions.' -    Pgyter    0 1343400  0219  OAV  oMus 4  EES EODIEMA, amar  whasatry 1 Gounty af,  LOVTE OBDER DE3  gemparbtions  a Stateof dolordo EI 44 9B MERCA a and Slate of. COIREAGA,  for the DOLLARS,  consideration. o ur AAO AARRAHTATIPTE. açe den  in-band ES a Anveys  316, SENEVOLNE ANDPROTECTIVE  whose address fa County. of.. PIQWPTE.  Lama  the following  real property in the County. of., PEoorR.  and State of Colorado, to-wit;  That part of the Faat Helf (E-af Sectiun Eighteen lying asl of Higaws3 Noss 287rand thatu part of the Noraeast QuariterNE) of Seotion Nineteen (19) lying Last of Highway No. 287, 3 ToMsnip Tybnty-three South, Range Fortyaix (46) Wesb of thpg Sixth Principal Subjeot t6. mineral enevations of record,  Meridian,  puru UIV   with all its appurtenandes and, warrant(s) thet title tothesame subjeot ton PAxeB for  the vear, 1965 and DCTAaTEeS IC  B June  Gaeeme 8 u  rishte. of wWay Signed this 367  9  STATE OP COLORADO Ceun  PRCRE  Beag naprumpnt  SCToWeIRE beors e y    day    PROWERS COUNTY  AGENDA ITEM REQUEST FORM  Hearing Date Requested:  2-21-23  Submitter:  Administration Office - Sheryl Reifschneider  Submitted to the County Administration Office on: 2-7-23  Return Originals to: N/A  Number of originals to return to Submitter:  N/A  Contract Due Date:  N/A  Item ntle/Recommended Board Action: David Wagner, term ending January 2024 Justification or Background:  Consider ratifying 2-7-2023 Verbal Poll approval of appointing Craig Schenck to the East Prowers Weed Control District Board to fill the remaining term of position for  Fiscal Impact: This item is budgeted in the following account code:  County: $_ Federal: $_ State: Other:  $_ $  Approved by the County Attorney on: Additional Approvals (if required):    PROWERS COUNTY  AGENDA ITEM REQUEST FORM  Hearing Date Requested:  2-21-23  Submitter:  Mark Westhoff-County Administrator  Submitted to the County Administration Office on: 2-10-23 Return Originals to: Jana Coen, BOCC Secretary Number of originals to return to Submitter: 1  Contract Due Date:  Item ntle/Recommended Board Action:  Consider ratifying 2-10-23 Email Poll approval of a Letter of Support sent to Colorado Office of Economic Development and International Trade (OEDIT) Economic Development Council of Colorado in support of Prowers Economic Prosperity's (PEP) Grant Application for Colorado Office of Economic Development and International Trade's EDO Action Grant.  Justification or Background:  Fiscal Impact: This item is budgeted in the following account code:  County: $_ Federal: $_ State: Other:  $ $_  THANK YOU!    Board of County Commissioners  Prowers County 301 South Main, Suite 215 Lamar, Colorado 81052-2857  OLORAD9 THOMAS GRASMICK FIRSTDISTRICT February 10, 2023  (719)336-8025 RONCOOK SECONDI DISTRICT  FAX: (719)336-2255  WENDY BUXTON-ANDRADE THIRD DISTRICT  Colorado Office of Economic Development and International Trade (OEDIT)  Economic Development Council of Colorado  Re: Letter of Support EDO Action Grant Review Committee  Selection Committee;  The Board of County Commissioners of Prowers County is an advocate of economic development in Southeast Colorado and is pleased to submit this letter of support for Prowers Economic Prosperity's (PEP) application for Colorado Office of Economic Development and International Trade's EDO Action grant. PEP represents business and economic development interests within Prowers County, one of the most rural counties in this region. PEP aids with providing resources for new and existing businesses with retention, relocation, and expansion In the past year, the United States has witnessed an increased interest by global manufacturers in reshoring manufacturing jobs to the United States. This trend has led Prowers County to look at ways we can assist Colorado with recapturing a higher share of these advanced manufacturing jobs. Which is why we support PEP's sewn goods and garment advanced manufacturing business attraction program and support its goal of reestablishing Southeast Colorado as a textile and sewn goods hub. We believe PEP's plan, and the partners they have attracted to this project, provide the resources needed to generate long-term manufacturing growth that will support local communities and families through access to skilled, high-paying The project will benefit Prowers County as a whole, which now faces a set of economic challenges that are shared by many eastern Colorado communities. After enduring more than 20 years of gradual decreases in population and jobs, Prowers County government and business leaders are seeking proactive strategies to generate new growth and investment. The expansion of business and industry and the creation of well-paying jobs in Prowers County will improve the economic health and vitality in the region. Our region's assets - its people, the Ports to Plains Highway, a railway system, expanding alternative energy sources, and a growing reliance on broadband technologies to support new ways of doing business = support the project's goals and objectives. We anticipate Prowers County playing an important role ini the overall project.  needs.  jobs.    The diversification of industries in Prowers County will aid in our resiliency and flexibility in changing economic and environmental conditions. We believe this diversification is key to our long-term viability as a community. This project has great potential to harness local assets, skills For all of these reasons, the Board of County Commissioners for Prowers County, Colorado, strongly supports this project and encourages your favorable consideration of PEP's EDO Action  and knowledge to create prosperity in all Prowers County communities.  Grant application. Thank you,  Board of County Commissioners for Prowers County, Colorado  A  dBhDd WendyBuxton-akaade, Vice-Chair Thomas Grasmick, Commissioner Shabhd    PROWERS COUNTY  AGENDA ITEM REQUEST FORM  Hearing Date Requested:  2-21-23  Submitter:  SherylReifschneider, AP Director  Submitted to the County Administration Office on: 2-10-23 Return Originals to: Jana Coen, BOCC Sec/Sheryl Reifschneider, AP  Number of originals to return to Submitter: 1  Contract Due Date:  Item Itte/Recommended Board Action:  Consider ratifying 2-10-2023 Verbal Poll approval for Payment of Bills presented in the amount of $122,659.30 and DHS with WHC Bills presented in the amount of $8,368.04.  Justification or Background:  Fiscal Impact: This item is budgeted in the following account code:  County: $_ Federal: $ State: Other:  $_ $_    PROWERS COUNTY APPROVE TO PAY  APPROVE PAYMENTS AS HEREIN SET FORTH. CHECK NUMBERS AS LISTED BELOW ARE ALL INCLUSIVE, ARE SET OPPOSITE THEIR NAMES, AND TOTALING THE SUM OF: $122,659.30  DRAWN ON COUNTY GENERAL FUNDS.  DATED. AS OF: February 14, 2023  #  A/P $ 61,666.72 $ 7,918.32 $ 1,975.87 $ 275.00 $ 15,293.92 $ 31,262.06 $ $ $ $ $ $ $  PAYROLL  FRINGES  COUNTY GENERAL FUND ARPA FUND FSA ACCOUNT BOOKING FEES ACCOUNT PUBLIC HEALTH AGENCY ROAD & BRIDGE FUND SALES & USE TAXFUND CONSERVATION TRUST FUND CAPITAL FUND OTHER AGENCIES FUND LODGING TAXI FUND CRMC FUND OPC FUND  723.63  1,666.66 708.75 1,168.37 122,659.39  Totals  DATE: February 14, 2023 DATE: February 14, 2023 DATE: February 14, 2023 DATE: February 14, 2023  SC CHAIRMAN ARMISSIONER 0/PP MISSIONER CLERKTO THE BOARD  Melor Qudaads  Total Paid Approve To Pay AP + Fringes Total Pd Certification Payroll Total Payroll + Fringes  $ $ $ $  122,659.30 122,659.30 122,659.30  STATE OF COLORADO) COUNTY OF PROWERS) A  Ending Check No. Beginning Check No. Total Number of Checks:  68531 68458 1 74  jss:        PROWERS COUNTY  AGENDA ITEM REQUEST FORM  Hearing Date Requested: 02/21/2023 Submitter: Mark Westhoff  Submitted to the County Administration Office on: 02/14/2023 Return Originals to: Mark Westhoff and opioids@coag.gov Number of originals to return to Submitter: 1  Contract Due Date: N/A  Item Title/Recommended Board Action: Consider Approving Colorado Local Government Opioid Participation Forms to participate in settlement agreements by the Colorado Attorney General and releasing opioid-related legal claims against five opioid companies: Teva Pharmaceutical Industries Ltd., Allergan Finance LLC/Allergan Limited, Walmart Inc, CVS Justification or. Background: Colorado AGs office agreed to settlements with the 5 names opioid companies totaling over $300 million, but in order to receive settlement dollars, local governments need to join the settlements through participation forms and releasing their opioid-  Health Corporation/CVS Pharmacy Inc, and Walgreen Co.  related legal claims against the companies.  Fiscal Impact: This item is budgeted in the following account code:  County: $  Federal: $  State: $  Other: $  Approved by the County Attorney on: Additional Approvals (if required):  PLEASE. ATTACHTHIS SHEET TO ALL. AGENDA ITEMS WHEN SUBMITTING TO  COUNTY ADMINISTRATION.    Colorado Local Government Opioid Participation Forms: Please review, complete & sign the five Participation Forms and  either:  1) Upload with this Google Form  tps/lormsgeZAyN/AIKVASPAmYVT  2) Ors send to Opioids@coag.gov  Participation Forms are due by no later than April 7th, 2023  Attachment A: Teva Settlement Participation Form Attachment B: Allergan Settlement Participation Form Attachment C: Walmart Settlement Participation Form Attachment D: CVS Settlement Participation Form Attachment E: Walgreens Settlement Participation Form  Please reach out to Opioids@coag.goy ifyou have any questions  or need assistance.    Attachment A: Teva Settlement Participation Form  Exhibit K  Subdivision and Special District Settlement Participation Form  Governmental Entity: Prowers county Authorized Signatory:Ron Cook Address 1:301 South Main Street, #215 Address 2: City, State, Zip:Lamar, CO, 81052 Phone:719-336-8025 Fmilmoi@pomauns  State: CU  The governmental entity identified above ("Govermental Entity"), in order to obtain and in consideration for the benefits provided to the Governmental Entity pursuant to the Agreement dated November 22, 2022 ("Teva Settlement"), and acting through the undersigned authorized official, hereby elects to participate in the Teva Settlement, release all Released Claims against all 1. The Governmental Entity is aware of and has reviewed the Teva Settlement, understands that all terms in this Election and Release have the meanings defined therein, and agrees that by this Election, the Governmental Entity elects to participate in the Teva Settlement as provided 2. Following the execution of this Settlement Participation Form, the Governmental Entity shall comply with Section III.B oft the Teva Settlement regarding Cessation ofLitigation Activities. 3. The Governmental Entity shall, within 14 days of thel Reference Date and prior to the filing of the Consent Judgment, file a request to dismiss with prejudice any Released Claims that it has filed. With respect to any Released Claims pending in In re National Prescription Opiate Litigation, MDL No. 2804, the Governmental Entity authorizes the Plaintiffs' Executive Committee to execute and file on behalfoft the Governmental Entity a Stipulation of Dismissal With Prejudice substantially in the form found at tmigistimston 4. The Governmental Entity agrees to the terms of the Teva Settlement pertaining to 5. By agreeing to the terms of the Teva Settlement and becoming a Releasor, the Governmental Entity is entitled to the benefits provided therein, including, ifapplicable, monetary payments 6. The Governmental Entity agrees to use any monies it receives through the Teva Settlement 7. The Governmental Entity submits to the jurisdiction of the court in the Governmental Entity's state where the Consent Judgment is filed for purposes limited to that court's role as provided in, and for resolving disputes to the extent provided in, the Teva Settlement.  Released Entities, and agrees as follows.  therein.  Subdivisions as defined therein.  beginning after the Effective Date. solely for the purposes provided therein.    8. The Governmental Entity has the right to enforce the' Teva Settlement as provided therein. 9. The Governmental Entity, as a Participating Subdivision or Participating Special District, hereby becomes a Releasor for all purposes in the Teva Settlement, including but not limited to all provisions of Section V (Release), and along with all departments, agencies, divisions, boards, commissions, districts, instrumentalities of any kind and attorneys, and any person in their official capacity elected or appointed to serve any of the foregoing and any agency, person, or other entity claiming by or through any of the foregoing, and any other entity identified in the definition of Releasor, provides for a release to the fullest extent of its authority. As a Releasor, the Governmental Entity hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or claim, or to cause, assist or permit to be brought, filed, or claimed, or to otherwise seek to establish liability for any Released Claims against any Released Entity in any forum whatsoever. The releases provided for in the Teva Settlement are intended by Released Entitles and the Governmental Entity to be broad and shall be interpreted sO as to give the Released Entities the broadest possible bar against any liability relating in any way to Released Claims and extend to the full extent oft the power of the Governmental Entity to release claims. The Teva Settlement shall be a complete bar to 10.The Governmental Entity hereby takes on all rights and obligations of a Participating Subdivision or Participating Special District as set forth in the Teva Settlement. 11. In connection with the releases provided for in the Teva Settlement, each Governmental Entity expressly waives, releases, and forever discharges any and all provisions, rights, and benefits conferred by any law of any state or territory of the United States or other jurisdiction, or principle of common law, which is similar, comparable, or equivalent to $ 1542 of the  any Released Claim.  California Civil Code, which reads:  General Release; extent. A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release that, if known by him or her, would have materially affected his or her settlement with  the debtor or released party.  A Releasor may hereafter discover facts other than or different from those which it knows, believes, or assumes to be true with respect to the Released Claims, but each Governmental Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges, upon thel Effective Date, any and all Released Claims that may exist as of such date but which Releasors do not know or suspect to exist, whether through ignorance, oversight, error, negligence or through no fault whatsoever, and which, if known, would materially affect the 12.1 Nothing herein is intended to modify in any way the terms of the Teva Settlement, to which Governmental Entity hereby agrees. To the extent this Election and Release is interpreted differently from the Teva Settlement in any respect, the' Teva Settlement controls.  Governmental Entities' decision to participate in the Teva Settlement.  2    Ihave all necessary power and authorization to execute this Election and Release on behalf oft the  Governmental Entity.  Signature: Name: Title: Date:  Ron Cook  Chairman, Prowers BOCC 2/21/2023  3    Attachment B: Allergan Settlement Participation Form  EXHIBITK  Subdivision and Special District Settlement Participation Form  Governmental Entity: Prowers county Authorized Signatory: Ron Cook Address 1:301 South Main Street, #215 Address 2: City, State, Zip:Lamar, CO, 81052 Phone:719-336-8025 Emalra@rouwoins  State: CO  The governmental entity identified above ("Govermmenta Entity"), in order to obtain and in consideration for the benefits provided to the Governmental Entity pursuant to the Agreement dated November 22, 2022 ("Allergan Settlement"), and acting through the undersigned authorized official, hereby elects to participate ini the Allergan Settlement, release all Released Claims against all Released 1. The Governmental Entity is aware of and has reviewed the Allergan Settlement, understands that all terms in this Election and Release have the meanings defined therein, and agrees that by this Election, the Governmental Entity elects to participate in the Allergan Settlement as 2. Following the execution of this Settlement Participation Form, the Governmental Entity shall comply with Section III.B of the Allergan Settlement regarding Cessation of Litigation 3. The Governmental Entity shall, within fourteen (14) days of the Reference Date and prior to the filing of the Consent Judgment, file a request to dismiss with prejudice any Released Claims that it has filed. With respect to any Released Claims pending in In Te National Prescription Opiate Litigation, MDL No. 2804, the Governmental Entity authorizes the MDL Plaintiffs' Executive Committee to execute and file on behalf of the Governmental Entity a Stipulation of Dismissal With Prejudice substantially in the form found at 4. The Governmental Entity agrees to the terms of the Allergan Settlement pertaining to 5. By agreeing to the terms of the Allergan Settlement and becoming a Releasor, the Governmental Entity is entitled to the benefits provided therein, including, if applicable, 6. The Governmental Entity agrees to use any monies it receives through the. Allergan Settlement  Entities, and agrees as follows.  provided therein. Activities.  itps/nationalopioidsetlement.com.  Subdivisions and Special Districts as defined therein.  monetary payments beginning after the Effective Date. solely for the purposes provided therein.    7. The Governmental Entity submits to the jurisdiction of the court in the Governmental Entity's state where the Consent Judgment is filed for purposes limited to that court's role as provided in, and for resolving disputes to the extent provided in, the Allergan Settlement. 8. The Governmental Entity has the right to enforce the Allergan Settlement as provided therein. 9. The Governmental Entity, as a Participating Subdivision or Participating Special District, hereby becomes a Releasor for all purposes in the Allergan Settlement, including, but not limited to, all provisions of Section V (Release), and along with all departments, agencies, divisions, boards, commissions, Subdivisions, districts, instrumentalities of any kind and attorneys, and any person int their official capacity whether elected or appointed to serve any of the foregoing and any agency, person, or other entity claiming by or through any of the foregoing, and any other entity identified ini the definition of Releasor, provides for a release to the fullest extent ofi its authority. As a Releasor, the Governmental Entity hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or claim, or to cause, assist in bringing, or permit to be brought, filed, or claimed, or to otherwise seek to establish liability for any Released Claims against any Released Entity in any forum whatsoever. The releases provided for in the Allergan Settlement are intended to be broad and shall be interpreted so as tog give the Released Entities the broadest possible bar against any liability relating in any way to Released Claims and extend to the full extent oft the power of the Governmental Entity to release claims. The Allergan Settlement shall be a complete bar to any Released Claim. 10. The Governmental Entity hereby takes on all rights and obligations of a Participating Subdivision or Participating Special District as set forth in the Allergan Settlement. 11. In connection with the releases provided for in the Allergan Settlement, each Governmental Entity expressly waives, releases, and forever discharges any and all provisions, rights, and benefits conferred by any law of any state or territory of the United States or other jurisdiction, or principle of common law, which is similar, comparable, or equivalent to $ 1542 of the General Release; extent. A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release that, if known by him or her, would have materially affected his or her settlement withi the debtor or released party.  California Civil Code, which reads:  A Releasor may hereafter discover facts other than or different from those which it knows, believes, or assumes to be true with respect to the Released Claims, but each Governmental Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges, upon the Effective Date, any and all Released Claims that may exist as of such date but which Releasors do not know or suspect to exist, whether through ignorance, oversight, error, negligence or through no fault whatsoever, and which, if known, would materially affect the Governmental Entities' decision to participate in the Allergan Settlement. 12. Nothing herein is intended to modify in any way the terms of the Allergan Settlement, to which the Governmental Entity hereby agrees. To the extent this Settlement Participation Form is interpreted differently from the Allergan Settlement in any respect, the Allergan  Settlement controls.  2    Ihave all necessary power and authorization to execute this Settlement Participation Form on behalf  ofthe Governmental Entity.  Signature: Name: Title: Datei  Ron Cook  Chairman, Prowers BOCC 2/21/2023  3    Attachment C: Walmart Settlement Participation Form  EXHIBITK Subdivision Participation Form  Governmental Entity: Frowers county Authorized Official: Ron Cook Address 1:301 South Main Street, #215 Address 2: City, State, Zip:Lamar, CO, 81052 Phone:719.336-8025 Emallmsiépoumonyn  State: CU  The governmental entity identified above ("Governmental Entity"), in order to obtain and in consideration for the benefits provided tot the Governmental Entity pursuant to the Settlement Agreement dated November 14, 2022 ("Walmart Settlement"), and acting through the undersigned authorized official, hereby elects to participate ini the Walmart Settlement, release all Released Claims  against all Released Entities, and agrees as follows.  The Governmental Entity is aware of and has reviewed the Walmart Settlement, understands that all terms in this Election and Release have the meanings defined therein, and agrees that by this Election, the Governmental Entity elects toj participate in the Walmart Settlement and 2. The Governmental Entity shall promptly, and in any event within 14 days oft the Effective Date and prior to the filing oft the Consent Judgment, dismiss with prejudice any Released Claims that it has filed. Withr respect to any Released Claims pending inl In rel National Prescription Opiate Litigation, MDL No. 2804, the Governmental Entity authorizes the Plaintiffs' Executive Committee to execute and file on behalf of the Governmental Entitya Stipulation of Dismissal With Prejudice substantially ini the form found at  become al Participating Subdivision as provided therein.  tpsy/nationalopioidsetlemenu.com. Subdivisions as defined therein.  3. The Governmental Entity agrees to the terms oft the Walmart Settlement pertaining to 4. Bya agreeing to the terms oft the Walmart Settlement and becoming al Releasor, the Governmental Entity is entitled to the benefits provided therein, including, ifapplicable, 5. The Governmental Entity agrees to use any monies it receives through the Walmart  monetary payments beginning after the Effective Date. Settlement solely for the purposes provided therein.    6. The Governmental Entity submits to thej jurisdiction oft the court int the Governmental Entity's state where the Consent Judgment is filed for purposes limited to that court's role as provided in, and for resolving disputes to the extent provided in, the Walmart 7. The Governmental Entity has the right to enforce the Walmart Settlement as provided 8. The Governmental Entity, as a Participating Subdivision, hereby becomes al Releasor for all purposes int the Walmart Settlement, including but not limited to all provisions of Section X (Release), and along with all departments, agencies, divisions, boards, commissions, districts, instrumentalities of any kind and attorneys, and any person in their official capacity elected or appointed to serve any oft the foregoing and any agency, person, or other entity claiming by or through any oft the foregoing, and any other entityi identified in the definition of Releasor, provides for a release to the fullest extent ofi its authority. As al Releasor, the Governmental Entity hereby absolutely, unconditionally, andi irrevocably covenants not to bring, file, or claim, or to cause, assist or permit to be brought, filed, or claimed, or to otherwise seek to establish liability for any Released Claims against any Released Entity in any forum whatsoever. The releases provided for in the Walmart Settlement are intended by thel Parties to be broad and shall be interpreted so as to give thel Released Entities the broadest possible bar against any liability relating in any way to Released Claims and extend to the full extent of the power oft the Governmental Entity to release claims. The Walmart 9. Inc connection with the releases provided fori ini the Walmart Settlement, each Governmental Entity expressly waives, releases, and forever discharges any and all provisions, rights, and benefits conferred by any law ofany state or territory oft the United States or other jurisdiction, or principle of common law, which is similar, comparable, or equivalent to $ 1542 of the California Civil Code, which reads:  Settlement. therein.  Settlement shall be a complete bar to any Released Claim.  General Release; extent. A general release does not extend to claims that the creditor or releasing party does not know or suspect to existi in his or her favor at the time of executing the release that, ifknown by him or her, would have materially affected his or her settlement with the debtor ori released party. A Releasor may hereafter discover facts other than or different from those which it knows, believes, or assumes to be true with respect to thel Released Claims, but each Governmental Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges, upon thel Effective Date, any and all Released Claims that may exist as ofs such date but which Releasors do not know or suspect to exist, whether through ignorance, oversight, error, negligence or through no fault whatsoever, and which, ifk known, would materially affect the Governmental Entities' decision toj participate in the Walmart Settlement. 10. Nothing herein is intended to modify in any way the terms of the Walmart Settlement, to which Governmental Entity hereby agrees. To the extent this Election and Release is interpreted differently from the Walmart Settlement in any respect, the Walmart Settlement  controls.  2    Ihave all necessary power and authorization to execute this Election and Release on behalf oft the  Governmental Entity.  Signature: Name: Title: Date:  Ron Cook  Chairman, Prowers BOCC 2/21/2023  3    Attachment D: CVS Settlement Participation Form  EXHIBITK  Subdivision Participation and Release Form  Governmental Entity: Prowers county Authorized Signatory:F Ron Cook Address 1:301 South Main Street, #215 Address 2: City, State, Zip:Lamar, CO, 81052 Phone: 719-336-8025 Emalroéroount  State: CO  The governmental entity identified above ("Govermmental Entity"), in order to obtain and in consideration for the benefits provided to the Governmental Entity pursuant to the Settlement Agreement dated December 9, 2022 ("CVS, Settlement"), and acting through the undersigned authorized official, hereby elects to participate in the CVS Settlement, release all Released Claims against all 1. The Governmental Entity is aware of and has reviewed the CVS Settlement, understands that all terms in this Participation and Release Form have the meanings defined therein, and agrees that by executing this Participation and Release Form, the Governmental Entity elects to participate int the CVS Settlement and become al Participating Subdivision as provided therein. 2. The Governmental Entity shall promptly, and in any event no later than 14 days after the Reference Date and prior to the filing of the Consent Judgment, dismiss with prejudice any Released Claims that it has filed. With respect to any Released Claims pending in In re National Prescription Opiate Litigation, MDL No. 2804, the Governmental Entity authorizes the Plaintiffs' Executive Committee to execute and file on behalfo of the Governmental Entity a Stipulation of Dismissal with Prejudice substantially in the form found at 3. The Governmental Entity agrees to the terms oft the CVS Settlement pertaining to Participating 4. By agreeing to the terms of the CVS Settlement and becoming a Releasor, the Governmental Entity is entitled to the benefits provided therein, including, if applicable, monetary payments 5. The Governmental Entity agrees to use any monies it receives through the CVS Settlement  Released Entities, and agrees as follows.  tps/mationalopioidsetlement.com. Subdivisions as defined therein.  beginning after the Effective Date. solely for the purposes provided therein.    6. The Governmental Entity submits to the jurisdiction of the court in the Governmental Entity's state where the Consent Judgment is filed for purposes limited to that court's role as provided in, and for resolving disputes to the extent provided in, the CVS Settlement. The Governmental Entity likewise agrees to arbitrate before the National Arbitration Panel as provided in, and for resolving disputes to the extent otherwise provided in, the CVS Settlement. 7. The Governmental Entity has the right to enforce the CVS Settlement as provided therein. 8. The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for all purposes in the CVS Settlement, including without limitation all provisions of Section XI (Release), and along with all departments, agencies, divisions, boards, commissions, districts, instrumentalities of any kind and attorneys, and any person ini their official capacity elected or appointed to serve any oft the foregoing and any agency, person, or other entity claiming by or through any of the foregoing, and any other entity identified in the definition of Releasor, provides for a release to the fullest extent of its authority. As a Releasor, the Governmental Entity hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or claim, or to cause, assist or permit to be brought, filed, or claimed, or to otherwise seek to establish liability for any Released Claims against any Released Entity in any forum whatsoever. The releases provided for in the CVS Settlement are intended by the Parties to be broad and shall be interpreted sO as to give the Released Entities the broadest possible bar against any liability relating in any way tol Released Claims and extend to the full extent oft the power of the Governmental Entity to release claims. The CVS Settlement shall be a complete 9. The Governmental Entity hereby takes on all rights and obligations of a Participating 10. In connection with the releases provided for in the CVS Settlement, each Governmental Entity expressly waives, releases, and forever discharges any and all provisions, rights, and benefits conferred by any law of any state or territory of the United States or other jurisdiction, or principle of common law, which is similar, comparable, or equivalent to $ 1542 of the General Release; extent. A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release that, ifknown by him or her would have materially affected his or her settlement with the debtor or released  bar to any Released Claim.  Subdivision as set forth in the CVS Settlement.  California Civil Code, which reads:  party.  A Releasor may hereafter discover facts other than or different from those which it knows, believes, or assumes to be true with respect to thel Released Claims, but each Governmental Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges, upon the Effective Date, any and alll Released Claims that may exist as of such date but which Releasors do not know or suspect to exist, whether through ignorance, oversight, error, negligence or through no fault whatsoever, and which, if known, would materially affect the Governmental Entities'  decision toj participate in the CVS Settlement.  2    11.Nothing herein is intended to modify in any way the terms of the CVS Settlement, to which Governmental Entity hereby agrees. To the extent this Participation and Release Form is interpreted differently from the CVS Settlement in any respect, the CVS Settlement controls. Ihave all necessary power and authorization to execute this Participation and) Release Form on  behalf oft the Governmental Entity.  Signature: Name: Title: Date:  Ron Cook  Chairman, Prowers BOCC 2/21/2023  3    Attachment E: Walgrens Settlement Participation Form  EXHIBITK  Subdivision Participation and Release Form  Governmental Entity: Prowers county Authorized Signatory: Ron Cook Address 1:301 South! Main! Street, #215 Address 2: City, State, Zip:Lamar.C0,81062 Phone:719-336-8025 Emlioéroaeouynt  State: CU  The governmental entity identified above ("Govermmental Entity"), in order to obtain and in consideration for the benefits provided to the Governmental Entity pursuant to the Settlement Agreement dated December 9, 2022 ("Walgreens Settlement"), and acting through the undersigned authorized official, hereby elects to participate in the Walgreens Settlement, release all Released 1. The Governmental Entity is aware of and has reviewed the Walgreens Settlement, understands that all terms in this Participation and Release Form have the meanings defined therein, and agrees that by executing this Participation and Release Form, the Governmental Entity elects to participate in the Walgreens Settlement and become a Participating Subdivision as provided 2. The Governmental Entity shall promptly, and in any event no later than 14 days after the Reference Date and prior to the filing of the Consent Judgment, dismiss with prejudice any Released Claims that it has filed. With respect to any Released Claims pending in In re National Prescription Opiate Litigation, MDL No. 2804, the Governmental Entity authorizes the Plaintiffs' Executive Committee to execute and file on behalfof the Governmental Entity a Stipulation of Dismissal with Prejudice substantially in the form found at 3. The Governmental Entity agrees to the terms of the Walgreens Settlement pertaining to 4. By agreeing to the terms of the Walgreens Settlement and becoming a Releasor, the Governmental Entity is entitled to the benefits provided therein, including, if applicable, 5. The Governmental Entity agrees to use any monies it receives through the Walgreens  Claims against all Released Entities, and agrees as follows.  therein.  tpsy/nationalopioidsetlement.com. Participating Subdivisions as defined therein.  monetary payments beginning after the Effective Date. Settlement solely for the purposes provided therein.    6. The Governmental Entity submits to the jurisdiction of the court in the Governmental Entity's state where the Consent Judgment is filed for purposes limited to that court's role as provided in, and for resolving disputes to the extent provided in, the Walgreens Settlement. The Governmental Entity likewise agrees to arbitrate before the National Arbitration Panel as provided in, and for resolving disputes to the extent otherwise provided in, the Walgreens 7. The Governmental Entity has the right to enforce the Walgreens Settlement as provided therein. 8. The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for all purposes in the Walgreens Settlement, including without limitation all provisions of Section XI (Release), and along with all departments, agencies, divisions, boards, commissions, districts, instrumentalities of any kind and attorneys, and any person in their official capacity elected or appointed to serve any oft the foregoing and any agency, person, or other entity claiming by or through any of the foregoing, and any other entity identified in the definition of Releasor, provides for a release to the fullest extent of its authority. As a Releasor, the Governmental Entity hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or claim, or to cause, assist or permit to be brought, filed, or claimed, or to otherwise seek to establish liability for any Released Claims against any Released Entity in any forum whatsoever. The releases provided for in the Walgreens Settlement are intended by thel Parties tol be broad and shall be interpreted sO as to give the Released Entities the broadest possible bar against any liability relating in any way to Released Claims and extend to the full extent oft the power of the Governmental Entity to release claims. The Walgreens Settlement shall be a 9. The Governmental Entity hereby takes on all rights and obligations of a Participating 10. In connection with the releases provided for in the Walgreens Settlement, each Governmental Entity expressly waives, releases, and forever discharges any and all provisions, rights, and benefits conferred by any law of any state or territory oft thel United States or other jurisdiction, or principle of common law, which is similar, comparable, or equivalent to $ 1542 of the General Release; extent. A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release that, if known by him or her would have materially affected his or her settlement with the debtor or released party.  Settlement.  complete bar to any Released Claim.  Subdivision as set forth in the Walgreens Settlement.  California Civil Code, which reads:  A Releasor may hereafter discover facts other than or different from those which it knows, believes, or assumes to be true with respect to the Released Claims, but each Governmental Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges, upon the Effective Date, any and all Released Claims that may exist as of such date but which Releasors do not know or suspect to exist, whether through ignorance, oversight, error, negligence or through no fault whatsoever, and which, if known, would materially affect the Governmental Entities' decision to participate in the Walgreens Settlement.  2    11.Nothing herein is intended to modify in any way the terms of the Walgreens Settlement, to which Governmental Entity hereby agrees. To the extent this Participation and Release Form is interpreted differently from the Walgreens Settlement in any respect, the Walgreens Ihave all necessary power and authorization to execute this Participation and Release Form on  Settlement controls. behalf oft the Governmental Entity.  Signature: Name: Title: Date:  Ron Cook  Chairman, Prowers BOCC 2/21/2023  3    PROWERS COUNTY  AGENDA ITEM REQUEST FORM  Hearing Date Requested: 02/21/2023 Submitter: Mark Westhoff  Submitted to the County Administration Office on: 02/14/2023 Return Originals to: Mark Westhoff: and Tamara Nickelson Number of originals to return to Submitter: 1  Contract Due Date: N/A  Item Title/Recommended Board Action: Consider Approving Amendment to Consulting Services Agreement between Prowers County and MGT Consulting Group effective from January 31,2023 to January 31,2024 for MGT to provide FY222C CFR Part 200 Compliant Cost Allocation Plan to Prowers County totaling $5300, and authorizing BOCC Chairman to execute Justification or Background: MGT has provided Cost Allocation Plans for Prowers County Fiscal Impact: This item is budgeted ini the following account code: 01-02-427400  the document.  DHS/Finance since 2021.  County: $ 5300 Federal: $  State: $  Other: $  Approved by the County Attorney on: 2/5/2023 Additional Approvals (ifrequired):  PLEASE. ATTACH THIS SHEET. TO ALL AGENDA ITEMS WHEN SUBMITTINGTO  COUNTY ADMINISTRATION.  THANK YOU!    MGT  AMENDMENTTOCTOCONSULTING: SERVICES. AGREEMENT  Second and Final Renewal. Period  This AMENDMENT TO CONSULTING SERVICES. AGREEMENT ("Amendment"), effective as of February 1, 2023, is entered into by and between Prowers County, Colorado ("Client") and MGT of America Consulting, LLC, with offices located at 4320 West] Kennedy Blvd., Tampal FL 33609 ("MGT") and modifies the Consulting Services Agreement dated February 23, 2021 between the parties ("Agreement"). Upon the execution oft this Amendment, the terms of this Amendment are incorporated In accordance with Section 3, Term and Termination, this Amendment renews the term of the Agreement for the final and second one (1) year period. During this second renewal period, MGT shall provide to  into the. Agreement in their entirety by this reference.  Client the following:  FY222 CFR Part 200 Compliant Cost Allocation Plan for completion in 2023  $5,300  The term of the Agreement is extended until January 31,2024.  This. Amendment increases the total Agreement value by $5,300 from $10,200 to $15,500. IN WITNESS WHEREOF, the parties have executed and delivered this Amendment.  All other terms and conditions of the Agreement remain unchanged.  MGT OF AMERICA CONSULTING, LLC  PROWERS COUNTY,COLORADO  Name: PatrickJ. Dyer Title: Vice! President Date: 02/01/2023 FEIN: 81-0890071  Name: Title: Date:    PROWERS COUNTY  AGENDA ITEM REQUEST FORM  Hearing Date Requested: 02/21/2023 Submitter: Mark Westhoff  Submitted to the County Administration Office on: 02/15/2023 Return Originals to: Jana Coen, BOCC Secretary Number of originals to return to Submitter: 1  Contract Due Date: N/A  Item Tite/Reommended Board Action: Considerr ratifying 2-15-23 Email Poll approval ofa general Letter of Support for Crossroads' Turning Points, Inc in their request for enhanced Substance Use Disorder services and supports to benefit residents of Prowers County and  southeastern Colorado. Justification or Background:  Fiscal Impact: This item is budgeted in the following account code:  County: $  Federal: $  State: $  Other: $  Approved by the County Attorney on: Additional Approvals (if required):  PLEASE ATTACH THIS SHEET TO. ALL. AGENDA ITEMS WHEN SUBMITTINGTO  COUNTY. ADMINISTRATION.  THANK YOU!    Board of County Commissioners  Prowers County 301 South Main, Suite 215 Lamar, Colorado 81052-2857  OLORADS THOMAS GRASMICK FIRST DISTRICT February 15, 2023  (719)336-8025 RONCOOK SECONDDISTRICT  FAX:( (719)336-2255  WENDYE BUXTON-ANDRADE THIRDD DISTRICT  Re: Letter of Support for Crossroads" Turning Points, Inc.  To Whom it May Concern;  The Board of County Commissioners for Prowers County is pleased to write this letter in support of Crossroads' Turning Points, Inc. (CTP) and their efforts to address the opioid epidemic and overdose rates in southern and southeastern Colorado through substance use disorder (SUD) services for prevention, treatment, recovery, harm prevention and diversion from criminal justice. Funding CTP's proposal will increase resources available for SUD services and supports. Southern Colorado and Prowers County have experienced significant workforce, family and general livelihood disruption from the opioid epidemic. The incidence of opioid use and overdose trigger generational impacts that not only divert community resources but also fray The Board of County Commissioners for Prowers County supports the efforts of CTP as a sophisticated and responsive agency that works with community leaders, members of the public, law enforcement, health care and other community-Dased agencies which has encouraged its evolution into becoming one of the region's leading providers of behavioral health programming. CTP provides services in twenty-one counties throughout southern and southeastern Colorado, including Prowers County. CTP provides a full-continuum of services ranging from prevention through recovery and includes specialized services for men and women involved with the criminal justice system, pregnant and postpartum women and women with children. CTP's individual clients along with the communities in which they live will benefit For all of these reasons, the Board of County Commissioners for Prowers County, Colorado, strongly supports Crossroads' Turning Points, Inc and their request for funding.  the critical social connections of our families and neighborhoods.  greatly from enhanced SUD services and supports.    Thank you, Board of  for Prowers County, Colorado  N 77  Ron Cook, Chair  W-inl.a Wendy Buxton-Andrade, Vice-Chair Oiwhamik Thomas Grasmick, Commissioner    PROWERS COUNTY  AGENDA ITEM REQUEST FORM  Hearing Date Requested: 2-16-23 Submitter: Administration Office  Submitted to the County Administration Office on: 2-16-23  Return Originals to: Sheryl Reifschneider Number of originals to return to Submitter: 1  Contract Due Date:  1. Item Title/Recommended Board Action: Consider approval of appointment of two members toi the Prowers County Planning Commission Board for terms that expire  January 2026.  Justification or Background: Briefoverview for the Commissioners Fiscal Impact: This item is budgeted in the following account code:  County: $  Federal: $  State: $  Other: $  Approved by the County Attorney on: Additional Approvals (if required):