PROWERS COUNTY, COLORADO BOARD OF COMMISSIONERS  May 23, 2023  COMMISSIONERS BOARD ROOM, 2nd FLOOR OF COURTHOUSE  301 S. MAIN STREET, LAMAR, CO 81052 Board of Health, Meagan Hillman  8:30a.m.  WORK SESSION  9:00a.m. 9:30a.m. 10:00 a.m. 10:30 a.m. 11:00 a.m. 11:45 a.m.  Jason Meyer, Owner of GMS, Inc., Consulting Engineers  Discussing the creation of water authorities Discussion on Grants and Coroner Plans  Thomas Dunagan, County Coroner Judy Wittman, County Treasurer  Financial Update Update Updates Update  Dr. Rosana Reyes, Lamar Community College President  BOCC  Karen Bryant, Prowers Medical Center CEO  1    MEETING AGENDA  Invocation Pledge of Allegiance  1:00 p.m.  Call Meeting to Order  Roll Call  CONSENT AGENDA ACTION ITEMS:  1. Consider Approval of Adoption of Agenda  2. Consider Approval of Payment of Bills Presented and of Voiding Checks, ifa any  3. Consider Approval of May 8, 2023 Special BOCC Meeting Minutes Redistricting #1, Granada, CO 4. Consider Approval of May 8, 2023 Special BOCC Meeting Minutes Redistricting #2, Wiley, CO 5. Consider Approval of May 8, 2023 Special BOCC Meeting Minutes Redistricting #3, Lamar, CO  6. Consider Approval of May 9, 2023 Meeting Minutes  Public Appearances  Anyone wishing to address the BOCC may do sO at the discretion of the Board and subject to a three-minute limitation.  1:10 p.m. 1:15 p.m.  Mark Westhoff County Administrator Update Rose Pugliese, Esq. County Attorney Update  ACTION ITEMS:  1. Consider ratifying 5-9-2023 verbal poll approval of 2023 Lease and County Addendum to Lease for Prowers County LAWMA Water Shares to East Prowers Cemetery District, eight (8) 2. Consider ratifying 5-9-2023 verbal poll approval of Sand & Sage Round-Up Fair Board's request to have a Beer Garden at the County Fairgrounds during the 2023 Sand and Sage Fair.  shares at the rate of $41.00 per share, total amount $328.00.  2    3. Consider ratifying 5-9-2023 verbal poll approval ofal Letter of Authorization for Sand & Sage Round-Up Fair Board to have a Beer Garden on Countyfairgrounds during the 2023 Sand & 4. Consider approval for adding a Special Board of County Commissioner Meeting on June 5, 2023 and June 9, 2023 at 1:00 p.m., for the purpose of Commissioner and Voter Precinct 5. Consider approval of State Fiscal Year 2023-2024 Collaborative Management Memorandum of Understanding About Families and Communities Engaged Interagency Oversight Group (F.A.C.E. IOG) and authorizing Lanie Meyers-Mireles, DHS Director to execute the document. 6. Consider ratifying 5/17/2023 email poll approving letter of engagement between Advance Colorado and the Prowers County Board of County Commissioners for Advance to represent the BOCC in a lawsuit against Colorado SB23-303, and authorizing Ron Cook, Chairman of the  Sage Fair.  Redistricting requirements.  Board, to execute the document.  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 specific hearing time; those items will not begin until the If you need assistance in participating in this meeting due to a disability as defined under the Americans with Disabilities Act, please call 719-336-8030 at least three days prior to the scheduled meeting to request an accommodation.  specific time or after.  3    PROWERS COUNTY  AGENDA ITEM REQUEST FORM  Hearing Date Requested: 5-23-2023  Submitter:  Mark Westhoff, County Administrator  Submitted to the County Administration Office on:  5-9-2023  Return Originals to:  Jana Coen  Number of originals to return to Submitter:  1  Contract Due Date:  Item ntle/Recommended Board Action:  Consider ratifying 5-9-2023 verbal poll approval of 2023 Lease and County Addendum toLease for Prowers County LAWMA Water Shares to East Prowers Cemetery District, eight (8) shares at the rate of $41.00 per share, total amount $328.00.  Justification or Background:  Fiscal Impact: This item is budgeted in the following account code:  County: $ Federal: State: Other:  $ $ $_  Approved by the County Attorney on:    LEASE OF PROWERS COUNTY LAWMA SHARES  This certifies that the East Prowers Cemetery District Board of Directors (hereinafter referred to as "Cemetery District") agrees to lease eight (8) shares of Prowers County's LAWMA stock for the 2023 year from Prowers County, hereinafter referred to as "Prowers County" at the rate of $41.00 per share. Prowers County will  invoice the Cemetery District for the total amount due ($328.00).  Prowers County understands that because these shares are leased, then Prowers County's allowable pumping will be decreased for this water year. Prowers County and the Cemetery District understand that this lease is subject to current LAWMA lease policies and also must be approved by the LAWMA Board of Directors and the Division Engineer's Office before the Cemetery District reçeives the additional allowable pumping and Prowers County's pumping limit is reduced. Prowers County and the Cemetery District understand that the approval process can take some time and may not be approved at all and Prowers County has sO informed the Cemetery District. Itis also possible that the Division Engineer may move to curtail pumping at any time due to circumstances that are beyond LAWMA's control and Prowers County has sO  informed the Cemetery District.  The attached Addendum is also approved by Prowers County and the Cemetery  District.  PROWERS COUNTY BOARD OF COUNTY COMMISSIONERS  58-7027 Date  Ron Cook, Chairman As  EAST PROWERS CEMETERY DISTRICT BOARD  5-8-2023 Date  GDbr    ADDENDUM TO  LEASE OF PROWERS COUNTY LAWMA SHARES (2023) COMPANY- -E EAST PROWERS CEMETERY DISTRICT PROWERS COUNTY - PROWERS COUNTY, COLORADO  Additional provisions:  1.  STATUTORY COUNTY: Prowers County, Colorado, which is a statutory county in the State of Colorado, reserves all rights as a statutory entity, including governmental immunity as ASSIGNMENT: Company may not assign this contract without the written consent of Prowers VENUE: Jurisdiction for any dispute under this Lease shall be exclusively in the Prowers County, Colorado District or County Court sitting without jury, and the Court shall award to Prowers County, if it is the substantially prevailing party, its attorney's fees, expert witness APPROPRIATION: Any monetary obligation of Prowers County payable after the current fiscal PUBLIC RECORD: In the event Prowers County receives a public records demand for copies of documents which the Lease provides are confidential, or are otherwise subject to non-disclosure, Prowers County shall give written notice to Company. Company shall notify Prowers County in writing within three days of notification if any documents requested as public record should not be disclosed. The Company shall indemnify and hold harmless Prowers County as provided in Paragraph 61 for any public record requests where the Company INDEMNIFICATION: Company shall indemnify, save, and hold harmless Prowers County against any and all claims, damages, liability, and court awards including costs, expenses, and attorney's fees incurred as a result of any act or omission by the Company, or its employees, DEFAULT: In the event of a default, the defaulting party shall have fifteen (15) days after receipt of written notice of default to cure such default or provide sufficient proof that LIABILITY: Because Prowers County is a public entity, and is subject to statutory limits on spending, including funds which have been duly appropriated, Prowers County and its officers, agents, employees and representatives shall in no event be liable for damages to Company, or any other party, whether based upon breach of contract, tort, strict liability or any other claim  provided by law. County.  2. 3.  fess, court costs, and any other litigation expenses. year is subject to appropriation as provided by law.  4. 5.  advises Prowers County not to disclose such records.  6.  agents, officers and representatives.  7.  demonstrates that measures to correct default are diligently being taken.  8.  for relief of whatever nature or description.    9.  OFFICIALS NOT TO BENEFIT. No official or employee of Prowers County shall directly or indirectly receive or be paid any share or part of this Lease or any benefit that may arise therefore in violation of Article 29 of the Colorado Constitution. Company warrants that it has not retained any company or person (other than a bona fide employee working solely for Company) to solicit or secure this Lease, and that Company has not paid or agreed to pay to any company or person, (other than a bona fide employee working for Company), any fee, commission, percentage, brokerage fee, gift or any other consideration contingent upon or resulting from the award of this Lease to Company. Upon discovery of any breach or violation of this provision, Prowers County shall have the right to terminate this Lease.  10. GOVERNMENTAL IMMUNITY: Notwithstanding any other provision of this Lease to the contrary, no term or provision of this Lease shall be construed ori interpreted as a fimitation to or waiver by Prowers County of any applicable provisions of the Colorado Governmental Immunity Act, 924-10-101, et. seq., C.R.S., as now or hereafter: amended, $24-30-1501, etseq., C.R.S., as now or hereafter amended, and any other immunity statute. Any provisions of this Lease, whether or not incorporated herein by reference, shali be controlled, limited and otherwise modified so as to limit any liability of Prowers County as provided by said laws. 11. NO THIRD_PARTY, BENEFICIARY INTENDED: No provision in this Lease is intended or shall create any rights with respect to the subject matter of this Lease in any third party. This Lease shall be construed to benefit of Prowers County and Company, and shall not be construed to create third party beneficiary rights in any other party. No person not a party toi this Lease is an intended beneficiary of this Lease, and no person not a party to this Lease shal! have any  right to enforce anyi term of this Lease.  73 BINUINSS EGHECL This tease is binding upon the parties and their respective successors and pormiited assigns. This Lease is only for the benefit of the parties hereto, and no third party shall have any right, claim or interest hereunder. This Addendum will be incorporated into the Lease and enforced as writlen. in thé eveni of any confiici. witit the provisions ofihe main  Lease, the provisions of this Addendum wili controi.  BOARD OF COUNTY COMMISSIONERS PROWERS COUNTY, Bv Bb Ron'Cook, Chairman Dare Signed: 58  EAST PROWERS CEMETERY DISTRICTE BOARD    President  467  .2023.  Dato Sianed: 58-  2023.  Arccts By  Sul Cseu Janaeucr, Cuunty Cleih Date Signed: 5-9-  2023,    PROWERS COUNTY  AGENDA ITEM REQUEST FORM  Hearing Date Requested:  5-23-2023  Submitter: Mark Westhoff, Administrator Submitted to the County Administration Office on:  5-9-2023  Return Originals to: N/A  Number of originals to return to Submitter:  N/A  Contract Due Date:  Item Title/Recommended Board Action:  Consider ratifying 5-9-2023 verbal poll approval of Sand & Sage Round-Up Fair Board's request to have a Beer Garden at the County Fairgrounds during the  2023 Sand and Sage Fair. Justification or Background: Annual event during the county Fair.  Fiscal Impact: This item is budgeted in the following account code:  County: $ Federal: $ State: Other:  $_ $_    PROWERS COUNTY  AGENDA ITEM REQUEST FORM  Hearing Date Requested:  5-23-2023  Submitter: Mark Westhoff, Administrator Submitted to the County Administration Office on:  5-9-2023  Return Originals to: Jana Coen  Number of originals to return to Submitter:  1  Contract Due Date:  Item ntle/Recommended Board Action: during the 2023 Sand & Sage Fair. Justification or Background: Annual event during the county Fair.  Consider ratifying 5-9-2023 verbal poll approval of a Letter of Authorization for Sand & Sage Round-Up Fair Board to have a Beer Garden on County fairgrounds  Fiscal Impact: This item is budgeted in the following account code:  County: $ Federal: State: Other:  $ $ $    Board of County Commissioners  Prowers County 301 South Main, Suite 215 Lamar, Colorado 81052-2857  OLORAD9 THOMAS GRASMICK FIRST DISTRICT May 10, 2023  (719)336-8025 RONCOOK SECONDI DISTRICT  FAX: (719)336-2255  WENDYE BUXTON-ANDRADE THIRDI DISTRICT  City Council of Lamar 102 E. Parmenter Street Lamar, Colorado 81052  RE: Authorization for Beer Garden on County Fairgrounds  Dear City Council Members:  On May 9, 2023, the Prowers County Board of Commissioners voted to allow the Sand & Sage Round-Up Fair Board to hold a Beer Garden on the Prowers County Fairgrounds during the 2023  Sand & Sage Fair. Sincerely,  PROWERS COUNTY BOARD OF COMMISSIONERS d  Ron  Wbinldak Wendy Buxton-Andrade, Vice-Chairman pimhat Thomas Grasmick, Commissioner    PROWERS COUNTY  AGENDA ITEM REQUEST FORM  Hearing Date Requested:  5-23-2023  Submitter: Mark Westhoff, Administrator Submitted to the County Administration Office on:  5-11-2023  Return Originals to: N/E  Number of originals to return to Submitter:  N/E  Contract Due Date:  Item nte/Recommended Board Action:  Consider approval for adding a Special Board of County Commissioner Meeting on June 5, 2023 and June 9, 2023 at 1:00 p.m., for the purpose of Commissioner and Voter Precinct Redistricting requirements.  Justification or Background:  Requirement due to the outcome of the 2020 US Census for Prowers  County.  Fiscal Impact: This item is budgeted in the following account code:  County: $_ Federal: $_ State: Other:  $_ $_    PROWERS COUNTY  AGENDA ITEM REQUEST FORM  Hearing Date Requested: 5/23/2023 Submitter: Department of] Human Services  Submitted to the County Administration Office on: 5/16/2023 Return Originals to: Department of] Human Services Number of originals to return to Submitter: 1  Contract Due Date: ASAP  Item Tite/Recommended Board Action:  Consider approval of State Fiscal Year 2023-2024 Collaborative Management Memorandum of Understanding About Families and Communities Engaged Interagency Oversight Group (F.A.C.E. IOG) and authorizing Lanie Meyers-Mireles, DHS Director to execute the document.  Justification or Background:  Fiscal Impact: This item is budgeted in the following code:  County $ Federal: $ State: $ Other: $  Approved by the County Attorney on: Additional Approvals (ifre required):    COLLABORATIVE MANAGEMENT  MEMORANDUM OF UNDERSTANDING SFY 2023-2024 Prowers County Department of Human Services) agrees to assume financial risk. The financial risk defaults to the fiscal agent unless otherwise stated hereN/A. For this reason, Prowers County About F.A.C.E. IOG projects a conservative budget based on currently available resources.  (Lanie Meyers-Mireles, Director of  Table of Resource Pooling SFY 2023-2024  Party  IN-KIND  CASH  CMP Carry Over/Reserve Funds  $199,995 $ $ $ $ $ $ $ $  1.COUNTY: DEPARTMENT OF HUMAN/SOCIAL 2.J JUDICIAL DISTRICT PROBATION 3.JUDICIAL DISTRICT COURT 4. HEALTH DEPARTMENT 5.LAMAR SCHOOL DISTRICT 6.N MENTAL HEALTH CENTER  SERVICES DEPARTMENT  $50,000 $12,600 $2,000 $12,500 $10,500 $10,000 $630  7.F REGIONAL. ACCOUNTABLE ENTITY ("RAE") $5,000 8. DIVISION OF YOUTH SERVICES ("DYS") 9.DESIGNATED MANAGED SERVICE ORGANZIATION! FOR' THE PROVISION OF TREATMENT SERVICES FOR. ALCOHOL AND DRUG. ABUSE PURSUANT TO: SECTION: 27-80-107, C.R.S. ("MSO") 10. COMMUNITY DOMESTIC VIOLENCE PROGRAM FURSUANTT0257510, C.R.S. ("DVP") 11.COLORADO YOUTH DETENTION CONTINUUM 12. SAFECARE COLORADO 13. FAMILY REPRESENTATIVE 14.ROOTS & WINGS FOR CHILDREN 15.THE CORNERSTONE. RESOURCE CENTER  $1,500 $15,000 $3,500 $2,500 $4,000 $2,000 $5,000 $136,730  $ $ $ $ $ $ $ $  TOTALS  MOU/50f12    COLLABORATIVE MANAGEMENT  MEMORANDUM OF UNDERSTANDING SFY 2023-2024 C. Distribution of Funds. The Parties have established a collaborative management process addressing the distribution of funds if the MOU is terminated as further described IN WITNESS WHEREOF, the Parties hereto, through their authorized representatives have executed this Memorandum of Understanding and commit to all elements described above, effective for the dates written above. (Please note scanned and electronic signatures, with an  inthe by-laws/procedure guide. Section. XVofthe By-Laws.  attached digital receipt, are acceptable).  Interagency Oversight Group Members  MANDATED PARTNERS Name and' Title: Lanie Meyers-Mireles, Director Agency: Prowers County Department of Human Services Address: 1001 South Main Street City/State/Zip: Lamar, CO 81052 Phone: 719-336-7486 x127 Signature:  1. COUNTYDEPARTMENTOFI HUMANISOCIALSERVICES  Email: dsdirector@proverscounty.net  2. JODICIAL DISTRICT. PROBATIONDEPARTMENT Name and" Title: Byron N. Hall, Chief] Probation Officer Agency: 15!h Judicial Probation Department Address: 301 South Main Street, Suitel 110 City/State/Zip: Lamar, CO 81052 Phone: 719-336-8310 Signature:  Email: byron.hallciudictalstate.co.us  3. JUDICIAL DISTRICT COURTS Name and Title: Mike Davidson, 15th Judicial District Chief. Judge Designee: Byron N. Hall Agency: 15th, Judicial District Address: 301 South Main Street, Suite: 300 City/State/Zip: Lamar, CO 81052 Phone: 719-336-7424 Signature:  Email: mike.davidsonfudicialstate.co.Is  4. HEALTH DEPARTMENT Name and' Title: Meagan Hillman, Director Address: 1001 South Main Street City/State/Zip: Lamar, CO 81052 Phone: 719-336-8721 Signature:  Agency: Prowers County Department of Public Health & Environment  Email: mlmamépomensimtoant  MOU 9of12    COLLABORATIVE MANAGEMENT  MEMORANDUM OF UNDERSTANDING SFY 2023-2024  5. SCHOOLDISTRICT-LAMAR Name and Title: Chad Krug, Superintendent Agency: Lamar School District Re-2 Address: 210 West PearlStreet City/State/Zip: Lamar, CO 81052 Phone: 719-336-3251 Signature:  Email: adhgalamanclmhais  6. MIENTAL HEALTH CENIER Agency: Valley-Widel Health Systems, Inc. Address: 711 Barnes Avenue City/State/Zip: La Junta, CO 81050 Contact Person: Kailey Meardon Phone: 800-511-5446 Signature:  Name and' Title: JC Carrica, VP and Chiefofl Healtheare Strategy and Innovation  Email: CarricajCavallev-ridchealth.rg kmeardon@shgco.org  7. REGIONALACCOUNTABLEENTITY-RAE  Name and Title: Lori Roberts Agency: Health Colorado, Inc. Address: 17401 Eagleridge Blvd. City/State/Zip: Pueblo, CO81008 Phone: 303-877-5670 Signature:  Email: lori@healthcolorado.health  8. DIVISION OF YOUTH SERVICES Agency: Division of Youth Services Address: 2864 S. Circle Drive, Suite 300 City/State/Zip: Colorado Springs, C080906 Contact Person: Ivett) Ruiz Phone: 719-523-0201 Signature:  Name and' Title: Connie Peterson, Regional Director- - Southern Region  Email: mmeptcresasca.s ivetruiz@stateco.s  9. MANAGED SERVICE: ORGANIZATION Name and' Title: Daniel Darting, CEO Agency: Signal Behavioral Health Network Address: 6130 Greenwood Plaza Blvd., Suite 150 City/State/Zip: Greenwood Village, C080111 Contact Person: Troy Bowman Phone: 720-645-2074 Signature:  Email: daringssmalphners bomansimalbhners  MOU 10of12    COLLABORATIVE MANAGEMENT  MEMORANDUM OF UNDERSTANDING SFY 2023-2024  10. DOMESTIC ABUSE PROGRAM Name and' Title: Jennifer Navarrette, Director Agency: Domestic! Safety Resource Center Address: P.O. Box 953 City/State/Zip: Lamar, CO81052 Phone: 719-336-4357 Signature:  Email: mncdemstisuleters  NON-MANDATED PARTNERS Name and Title: Nancy Chavarria - Coordinator Agency: Fifteenth. Judicial District - CYDC Address: 301 South Main Street, Suite 110 City/State/Zip: Lamar, CO 81052 Phone: 719-336-8318 Signature:  11. COLORADOXOUTHI DETENTIONCONTINUUM ("CYDC")  Email: mancvchavarriaudicialstate.co.us  12. SAFECARE COLORADO Name and Title: Rosie Gomez-Supervisor Agency: SafeCare Colorado Address: 201 Kendall Drive City/State/Zip: Lamar, CO 81052 Phone: 719-336-0261 Signature:  Email: icszahspinsisat  13. FAMILY REPRESENTATIVE Name and Title: Sharon Mauch Address: 34140 County Road 9 City/State/Zip: Lamar, CO81052 Phone: 719-336-7239 Signature:  Email: harmauctlarmalsen  14. ROOTS & WINGS FOR CHILDREN Name and' Title: Courtney Holt Rogers- - Council Coordinator Agency: Root & Wings for Children, Early Childhood Council  Address: 1001 South Main Street City/State/Zip: Lamar, CO 81052 Phonc: 719-336-7486 Signature:  Email: hallapronerceunt.aet  MOU Llof12    COLLABORATIVE MANAGEMENT  MEMORANDUM OF UNDERSTANDING SFY 2023-2024  15. THE CORNERSTONE RESOURCE CENER Name and" Title: Jennifer Mortimeyer- - Director Agency: The Cornerstone Resource Center Address: 111 West Parmenter Street City/State/Zip: Lamar, CO 81052 Phone: 719-691-6089 Signature:  Email: emlacernentoncoors  MOU, 12of12    PROWERS COUNTY  AGENDA ITEM REQUEST FORM  Hearing Date Requested: 05/23/2023 Submitter: Mark Westhoff  Submitted to the County Administration Office on: 05/17/2023 Return Originals to: Jana Coen, Mark Westhoff Number of originals to return to Submitter: 1  Contract Due Date: N/A  Item Title/Recommended Board Action: Consider ratifying 5/17/2023 email poll approving letter of engagement between Advance Colorado and the Prowers County Board of County Commissioners for Advance to represent the BOCC in a lawsuit against Colorado SB23-303, and  authorizing BOCC Chairman to execute the document.  Justification or Background:  Fiscal Impact: This item is budgeted in the following account code:  County: $  Federal: $  State: $  Other: $  Approved by the County Attorney on: N/A Additional Approvals (if required):  PLEASE ATTACH THIS SHEET TO. ALL. AGENDA ITEMS WHEN SUBMITTINGTO  COUNTY ADMINISTRATION.  THANK YOU!    May 12, 2023  Dear Commissioners:  On behalf of Advance Colorado, I amj pleased to offer legal representation to you regarding the General Assembly's recent passage of SB 23-303. Specifically, we are offering to file a complaint and litigate behalf ofy you, your county, and other elected officials, arguing that proposed ballot title is deficient, and the bill contains multiple subjects in violation oft the Advance Colorado is ai non-profit organization that pursues cases to advance liberty and responsible governance in Colorado. Because we are ai nonprofit, public-interest law firm, our representation willl be provided to you free of charge. Nonetheless, there are several important items upon which wei need agreement before handling this matter. Please read all ofthesei items First, our representation shall be limited to the matter. stated above. This letter is not an offer to represent you or anyone else ini regards to any other matter. Furthermore, although my present intent ist to represent you through completion oft the case, wei may terminate representation for Second, Advance reserves the right to associate with other attorneys and/or law firms to the extent necessary to carry out the representation described in this letter. You acknowledge and agree that we are authorized to share confidential information with attomeys and/or law firms that we: may associate with or seek advice from for purposes ofrepresenting you in this litigation. Ifsuch attorneys charge for their services, we will bear the responsibility ofj paying Third, your cooperation is vital. Ordinarily, public-interest litigation does not entail significant burdens on clients. However, the nature oft this case means we may require your assistance in various ways: for example, by providing documents and information, giving depositions or affidavits, or testifying in court. We will make every effort to minimize these burdens, but by accepting this agreement, you agree to provide us with assistance as needed. Fourth, our confidential communications are only protected by the attorney-client privilege sO long as they are not divulged to third parties. Iask that you take steps to safeguard the confidentiality of our communications and, inj particular, that you noti forward or disclose our communications to others. Also, we will be using email and may use other forms ofelectronic communication (such as voicemail or texting) in the ordinary course of our work for you. Advance will take reasonable steps to ensure the integrity and confidentiality of our electronic communications, and we expect you to do the same. Nonetheless, these forms ofc communication involve some level oft risk that they will be compromised by unauthorized access or by  Colorado Constitution.  carefully, and feel free to ask any questions you may have.  good cause at any time, subject to applicable ethical rules.  their fees.  Page 1 of3    inadvertent disclosure to unauthorized persons, and these risks cannot be completely avoided. By signing this letter, you acknowledge that you understand these risks and authorize us to  communicate with you electronically.  Fifth, most ofour communications with you may be through a conduit. Given the large number of commissioners seeking our representation int this matter, iti may not always be feasible to communicate information to you directly. Thus, you agree that we: may provide generally applicable information to and receive generally applicable information from County Administrator Mark Westhoff, and whom we understand has been generally authorized to speak on behalfo oft the group. Given thel limited scope of this representation and the unity of interests on this specific issue oflaw, wel believe this is an appropriate way to approach these logistical issues. Nonetheless, by insisting on this term, we do not intend to limit your ability to Sixth, it is unlikely but possible that our public-interest objectives may diverge) from your personal interests. Ifwep perceive that this may occur, we will tell you. At any time, you are free tor retain separate legal counsel at your own expense to advise you about any possible conflicts or any other matter (including the terms oft this agreement). You also agree that, as aj public official, you will not object to our naming you as a defendant in al lawsuit involving you in an official capacity on matters unrelated to this one (whether such suit is brought against you as a member oft thel Prowers County Board of County Commissioners ori in any other public office you may Seventh, we will seek reasonable attoreys' fees and costs from opposing parties int the event of as successful outcome and if such recovery is authorized by law. My legal representation is provided pro bono- i.e., at no cost to the client. Advance will beari its own attorneys' fees and costs, as well as miscellaneous expenses- such as filing fees, brief formatting and preparation, etc.--toj prepare and litigate thei issues present ini this case. In the event there are: fees or costs assessed against the plaintiffs ini this matter, Advance also agrees to cover any fees and costs. However, by accepting this offer, you are promising that all costs and: fees awarded in this matter for services rendered by Advance attorneys or litigation support personnel, ifa any, will be provided to. Advance to assist in recouping its expenses and time spent on your behalf. Advance isrelying on this promise ini furnishing the services and incurring the costs contemplated by this And, finally, we believe that publicity is important both toj your case and to our public-interest mission. By signing thisl letter, you authorize us to disclose nonconfidential information regarding this matter. Ify you are contacted by the media regarding this case, you may refer such Ifthis agreement is acceptable to you, please sign and return one copy and retain another for  contact us.  hold in the future).  agreement.  inquiries to. Advance.  your records. We very much look forward to working with you.  Page 2 of3    Sincerely,  Suzanne Taheri Advance Colorado  Ihave read this letter and agree to its terms.  -  SIGNATURE behalf of] Entity/Individuals PRINTED NAME. AND' TITLE OF SIGNATORY:  AL  RON COOK, CHAIRMAN PROWERS COUNTY COMMISSIONERS ENTITIES and INDIVIDUALS COVERED BY AGREEMENT: RON COOK, WENDY BUXTON-ANDRADL, THOMAS GRASMICK  17N May 2023  Page 3 of3