HomeMy WebLinkAbout2022-055-05/03/2022-AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT REGARDING REGIONAL OPIOID SETTLEMENT IMP1
COLORADO REGIONAL OPIOID INTERGOVERNMENTAL AGREEMENT
FOR THE LARIMER COUNTY REGION
THIS COLORADO REGIONAL OPIOID INTERGOVERNMENTAL
AGREEMENT (the “Regional Agreement”) is made between the City of Fort Collins, the City
of Loveland, the Town of Wellington and Larimer County, all Participating Local Governments,
as defined in the Colorado MOU, in the Larimer County Region (“Region”). The parties are
individually referred to herein as a “Regional PLG” and collectively as the “Regional PLGs” and
the Larimer County Board of Health.
RECITALS
WHEREAS, the State of Colorado and Participating Local Governments executed the
Colorado Opioids Summary Memorandum of Understanding on August 26, 2021 (the “Colorado
MOU”), establishing the manner in which Opioid Funds shall be divided and distributed within
the State of Colorado;
WHEREAS, the Regional Agreement assumes and incorporates the definitions and
provisions contained in the Colorado MOU, and the Regional Agreement shall be construed in
conformity with the Colorado MOU (any conflict in definitions between this Regional Agreement
and the Colorado MOU shall be resolved in favor of the Colorado MOU);
WHEREAS, all Opioid Funds, regardless of allocation, shall be used for Approved
Purposes;
WHEREAS, there shall be a 20% direct allocation of the total Opioid Funds received by
the State to Participating Local Governments as a Local Government Share;
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WHEREAS, allocations to Participating Local Governments from the LG Share shall first
be determined using the percentages shown in Exhibit D of the Colorado MOU;
WHEREAS, The LG Share for each County Area shall then be allocated among the county
and the other Participating Local Governments within it. Exhibit E reflects the default allocation
that will apply unless the Participating Local Governments within a County Area enter into a
written agreement providing for a different allocation;
WHEREAS, the Regional PLGs desire to modify the default allocation of the LG Share
in the Colorado MOU;
WHEREAS, Participating Local Governments shall organize themselves into Regions, as
further depicted in Exhibit C to the Colorado MOU;
WHEREAS, Regions may consist of Single-County Regions, Multi-County Regions, or
Single County-Single City Regions (Denver and Broomfield).
WHEREAS, there shall be a 60% direct allocation of Opioid Funds to Regions through a
Regional Share;
WHEREAS, each Region shall be eligible to receive a Regional Share according to
Exhibit F to the Colorado MOU;
WHEREAS, the Colorado MOU establishes the procedures by which each Region shall
be entitled to Opioid Funds from the Abatement Council and administer its Regional Share
allocation;
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WHEREAS, the procedures established by the Colorado MOU include a requirement
that each Region shall create its own Regional Council;
WHEREAS, all aspects of the creation, administration, and operation of the Regional
Council shall proceed in accordance with the provisions of the Colorado MOU;
WHEREAS, each such Regional Council shall designate a fiscal agent from a county or
municipal government within that Region;
WHEREAS, each such Regional Council shall submit a two-year plan to the Abatement
Council that identifies the Approved Purposes for which the requested funds will be used, and
the Regional Council’s fiscal agent shall provide data and a certification to the Abatement
Council regarding compliance with its two-year plan on an annual basis;
WHEREAS, the Regional Agreement pertains to the procedures for the Regional PLGs
to establish a Regional Council, designate a fiscal agent, and request and administer Opioid
Funds in a manner consistent with the Colorado MOU;
NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter set
forth and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
the Regional PLGs incorporate the recitals set forth above and agree as follows:
1. DEFINITIONS. The defined terms used in this Regional Agreement shall have the
same meanings as in the Colorado MOU. Capitalized terms used herein and not otherwise
defined within the Regional Agreement or in the Colorado MOU shall have the meanings
ascribed to them in the body of the Regional Agreement.
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2. OBLIGATIONS OF THE REGIONAL PLGS. The Regional PLGs and Board of
Health shall perform their respective obligations as set forth in the Regional Agreement, the
Colorado MOU and the accompanying exhibits to the Colorado MOU and incorporated herein
by reference.
3. REGIONAL COUNCIL.
3.1. Purpose: In accordance with the Colorado MOU, a Regional Council, consisting of
representatives appointed by the Regional PLGs and Board of Health, shall be created to oversee
the procedures by which a Region may request Opioid Funds from the Abatement Council and the
procedures by which the allocation of its Region’s Share of Opioid Funds are administered.
3.2. Membership: The Regional Council shall consist of Voting Members and Nonvoting
Members as set forth in the Regional Governance Structure, attached hereto as Exhibit X and
incorporated to this IGA. Appointment and participation of Nonvoting Members shall be
determined by the Voting Members as further set forth in the Regional Council’s Bylaws.
3.3. Provisions of Regional Council:
a. Chair: The Voting Members for the Region shall appoint one member to serve as
Chair of the Regional Council. The Chair’s primary responsibilities shall be to schedule periodic
meetings and votes of the Regional Council as needed and to serve as the point of contact for
disputes within the Region. The Chair must be a Voting Member representing Fort Collins,
Loveland, Wellington or Larimer County.
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b. Non-Participation: A Local Government that chooses not to become a
Participating Local Government in the Colorado MOU shall not receive any Opioid Funds from
the Regional Share or participate in the Regional Council.
c. Terms: The Regional Council shall have its initial organizational meeting prior to
July 1, 2022. In order to do so, if not already selected by the Regional PLG’s and Board of
Health, within sixty (60) days of the first Settlement being entered, Voting Members shall be
appointed consistent with Exhibit X, and shall serve two-year terms. Following the expiration
of that two-year term, the Regional PLGs and Board of Health may reappoint that Voting
Member, or appoint a new Voting Member consistent with Exhibit X. All terms shall be two-
year terms unless earlier terminated in accordance with the Agreement.
(i) If a Voting Member resigns or is otherwise removed from the Regional Council
prior to the expiration of their term, a replacement Voting Member shall be appointed within
sixty (60) days in accordance with Section 3.2. The newly appointed Voting Member’s full term
shall begin upon appointment. Any Voting Member who is an elected official shall have their
term automatically expire upon leaving office.
(ii) The purpose of the two-year term is to allow representatives of the Regional PLGs
and Board of Health an increased opportunity to serve on the Regional Council. However,
Voting Members who have already served on the Regional Council may be appointed more than
once and may serve consecutive terms if appointed to do so by their respective Regional PLG
governing body or Board of Health.
3.4. Duties: The Regional Council is responsible for engaging with the Abatement Council
on behalf of its Region and following the procedures outlined in the Colorado MOU for requesting
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Opioid Funds from the Regional Share, which shall include developing 2-year plans, amending
those plans as appropriate, and providing the Abatement Council with data through its fiscal agent
regarding Opioid Fund expenditures. Upon request from the Abatement Council, the Regional
Council may also be subject to an accounting from the Abatement Council. The Regional Council
shall also solicit, review, and approve funding of projects with regional abatement funds and local
government abatement funds that are shared with the Region, if any, in accordance with the terms
of the Colorado MOU and any parameters adopted by the Regional Council, which shall not
conflict with the Colorado MOU. At its first meeting, the Regional Council shall certify to the
Abatement Council that the Regional Council has been formed and that a Fiscal Agent has been
designated; such certification shall include the names and affiliations of the Regional Council’s
members and the name of the designated Fiscal Agent.
3.5. Governance: The Regional Council may establish its own procedures through adoption
of bylaws if needed. Any governing documents must be consistent with this IGA and the Colorado
MOU. The initial Bylaws attached hereto as Exhibit Y, are adopted as the initial Bylaws for the
function of the Regional Council until such time as the Regional Council shall modify and adopt
Bylaws as they deem appropriate. The Regional Council is empowered to adopt subsequent
Bylaws to address any necessary matters not inconsistent with this Regional Agreement and
Colorado MOU. The Voting Member appointed from the same entity as the Fiscal Agent shall be
the interim chair of the Regional Council until appointment/elections are held pursuant to the initial
Bylaws.
3.6. Authority: The terms of the Colorado MOU control the authority of the Regional
Council and the Regional Council shall not stray outside the bounds of the authority and power
vested by the Colorado MOU. Should the Regional Council require legal assistance in determining
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its authority, it may seek guidance from the legal counsel of the county or municipal government
of the Regional Council’s fiscal agent at the time the issue arises.
3.7. Collaboration: The Regional Council shall facilitate collaboration between the State,
Participating Local Governments within its Region, the Board of Health, the Abatement Council,
and other stakeholders within its Region for the purposes of sharing data, outcomes, strategies, and
other relevant information related to abating the opioid crisis in Colorado.
3.8. Transparency: The Regional Council shall operate with all reasonable transparency
and abide by all Colorado laws relating to open records and meetings. To the extent the Abatement
Council requests outcome-related data from the Regional Council, the Regional Council shall
provide such data in an effort to determine best methods for abating the opioid crisis in Colorado.
3.9. Conflicts of Interest: Voting Members shall abide by the conflict-of-interest rules
applicable to local government officials under state law. Nonvoting Members shall disclose any
existing or potential conflicts of interest in connection with their participation and shall comply
with any conflict-of-interest requirements of the Regional Council’s Bylaws.
3.10. Ethics Laws: Voting Members shall abide by their local ethics laws or, if no such
ethics laws exist, by applicable state ethics laws. Nonvoting Members shall comply with any
ethics requirements of the Regional Council’s Bylaws.
3.11. Decision Making: The Regional Council shall seek to make all decisions by consensus.
In the event consensus cannot be achieved, the Regional Council shall make decisions by a
majority vote of its Voting Members.
4. REGIONAL FISCAL AGENT
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4.1. Purpose: According to the Colorado MOU, the Regional Council must designate a
fiscal agent for the Region prior to the Region receiving any Opioid funds from the Regional Share.
All funds from the Regional Share shall be distributed to the Regional Council’s fiscal agent for
the benefit of the entire Region.
4.2. Designation: The initial fiscal agent shall be Larimer County. However, the Regional
Council may nominate and designate a future fiscal agent for the Region by majority vote.
Regional fiscal agents must be a Regional PLG.
4.3. Term: A Regional fiscal agent may serve as long as the Regional Council determines
is appropriate, including the length of any Settlement that contemplates the distribution of Opioid
Funds within Colorado. A Regional fiscal agent may terminate their appointment by giving the
Regional Council one hundred twenty (120) days notice.
4.4. Duties: The Regional fiscal agent shall receive, deposit, and make available Opioid
Funds distributed from the Abatement Council and provide expenditure reporting data to the
Abatement Council and Voting Member entities on an annual basis. In addition, the Regional
fiscal agent shall perform certain recordkeeping duties outlined below.
a. Opioid Funds: The Regional fiscal agent shall receive all Opioid Funds as
distributed by the Abatement Council. Upon direction by the Regional Council, the Regional
fiscal agent shall make any such Opioid Funds available to the Regional Council or to approved
entities performing abatement activities approved by the Regional Council. Any approved
abatement activities shall have a contract or other written document outlining the requirements
and approved funding, and shall be entered into on behalf of the Regional Council by a Regional
PLG designated by the Regional Council.
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b. Reporting: On an annual basis, as determined by the Abatement Council, the
Regional fiscal agent shall provide to the Abatement Council the Regional Council’s expenditure
data from their allocation of the Regional Share and certify to the Abatement Council that the
Regional Council’s expenditures were for Approved Purposes and complied with its 2-year plan.
c. Recordkeeping: The Regional fiscal agent shall maintain necessary records with
regard the Regional Council’s meetings, decisions, plans, and expenditure data.
4.5. Authority: The Regional Council shall have authority to decide how funds allocated
to the region shall be distributed in accordance with the Colorado MOU and adopted two-year plan
and shall authorize a Regional PLG to execute agreements accordingly. The terms of the Colorado
MOU control the authority of a Regional Council, and by extension, the Regional fiscal agent.
4.6. Administration Costs: In accordance with the Colorado MOU, the Regional fiscal
agent may distribute to the Regional PLGs reasonable administrative costs associated with
overseeing and administering of Opioid Funds that shall not exceed actual costs or 10% of the
Region’s regional abatement funds and local government abatement funds that are shared with the
Region, if any. The Regional Council shall determine the funds allocated to the administrative
costs of the Regional fiscal agent and Regional PLGs upon adoption of the budget as required by
the Regional Bylaws. Regional PLGs must submit to the Regional fiscal agent a proposed budget
for administrative costs associated with execution and management of agreements as authorized
by the Regional Council. The Regional PLGs must submit to the Regional fiscal agent all
supporting invoices, bills, time sheets, and other documents necessary to justify their
administrative costs no less than ninety (90) days prior to the date which the budget must be
completed by the Regional fiscal agent as required by the Regional Bylaws.
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5. REGIONAL TWO-YEAR PLAN
5.1. Purpose: According to the Colorado MOU, as part of a Regional Council’s request
to the Abatement Council for Opioid Funds from its Regional Share, the Regional Council must
submit a 2-year plan identifying the Approved Purposes for which the requested funds will be
used.
5.2 Development of 2-Year Plan: In developing a 2-year plan, the Regional Council
shall solicit recommendations and information from all Regional PLGs, Board of Health and other
stakeholders within its Region for the purposes of sharing data, outcomes, strategies, and other
relevant information related to abating the opioid crisis in Colorado. At its discretion, a Regional
Council may seek assistance from the Abatement Council for purposes of developing a 2-year
plan.
5.3 Amendment: At any point, a Regional Council’s 2-year plan may be amended so
long as such amendments comply with the terms of the Colorado MOU and any Settlement.
6. LG SHARE ALLOCATION. Pursuant to the Colorado MOU, the Regional PLGs agree to
the following modified allocations of the LG Share stated in Exhibit E:
Ɣ Larimer County 56.0589%
Ɣ City of Fort Collins 21.00975%
Ɣ City of Loveland 21.00975%
Ɣ Town of Wellington 0.3653%
7. DISPUTES WITHIN REGION. In the event that any Regional PLG disagrees with a
decision of the Regional Council, or there is a dispute regarding the appointment of Voting or
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Nonvoting Members to the Regional Council, that Regional PLG shall inform the Chair of its
dispute at the earliest possible opportunity. In response, the Regional Council shall gather any
information necessary to resolve the dispute. Within fourteen (14) days of the Regional PLG
informing the Chair of its dispute, the Regional Council shall issue a decision with respect to the
dispute. In reaching its decision, the Regional Council may hold a vote of Voting Members, with
the Chair serving as the tie-breaker if necessary, or the Regional Council may devise its own
dispute resolution process. However, in any disputes regarding the appointment of a Voting
Member, that Voting Member will be recused from voting on the dispute. The decision of the
Regional Council is a final decision.
8. DISPUTES WITH ABATEMENT COUNCIL. If the Regional Council disputes the
amount of Opioid Funds it receives from its allocation of the Regional Share, the Regional Council
shall alert the Abatement Council within sixty (60) days of discovering the information underlying
the dispute. However, the failure to alert the Abatement Council within this time frame shall not
constitute a waiver of the Regional Council’s right to seek recoupment of any deficiency in its
Regional Share.
9. RECORDKEEPING. The current Regional fiscal agent shall be responsible for maintaining
records consistent with the Regional Agreement on behalf of the Regional Council. All records
maintained by the individual PLG’s shall be maintained pursuant to Section 18.12. Any former
Regional fiscal agent shall forward copies of records to the current Regional fiscal agent. Former
Regional fiscal agents may retain copies of records it deems necessary to comply with any
accounting or fiscal obligations.
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10. AUTHORIZED REPRESENTATIVES. Each Regional PLGs’ and the Board of Health’s
initial representative designated below shall be the point of contact to coordinate the obligations
as provided herein. The Regional PLGs and the Board of Health designate their authorized
representatives under this Regional Agreement as follows:
10.1. Larimer County designates the County Manager or their designee(s).
10.2. City of Fort Collins designates the City Manager or their designee(s).
10.3. City of Loveland designates the Acting Library Director or their designee(s).
10.4. Town of Wellington designates the Town Administrator or their designee(s).
10.5. Board of Health designates the Larimer County Public Health Director or their
designee(s).
11. OBLIGATIONS OF THE REGIONAL PLGS. The Regional PLGs and Board of Health
shall perform their respective obligations as set forth in the Regional Agreement, the Colorado
MOU and the accompanying exhibits to the Colorado MOU and incorporated herein by
reference.
12. TERM. The Regional Agreement will commence upon the date of the last signature of
the PLG’s and Board of Health, and shall expire on the date the last action is taken by the
Region, consistent with the terms of the Colorado MOU and any Settlement. (the “Term”).
The Regional Council may specify a specific end date to clarify when the “last action” has
been taken by the Region.
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13. Informational Obligations. Each Regional PLG hereto will meet its obligations as set
forth in § 29-1-205, C.R.S., as amended, to include information about this Regional Agreement
in a filing with the Colorado Division of Local Government; however, failure to do so shall in
no way affect the validity of this Regional Agreement or any remedies available to the Regional
PLGs hereunder.
14. CONFIDENTIALITY. The Regional PLGs and Board of Health, for themselves, their
agents, employees and representatives, agree that they will not divulge any confidential or
proprietary information they receive from another Regional PLG or Board of Health, or
otherwise have access to, except as may be required by law. Nothing in this Regional
Agreement shall in any way limit the ability of the Regional PLGs or Board of Health to
comply with any laws or legal process concerning disclosures by public entities. The Regional
PLGs and Board of Health understand that all materials exchanged under this Regional
Agreement, including confidential information or proprietary information, may be subject to
the Colorado Open Records Act., § 24-72-201, et seq., C.R.S., (the “Act”). In the event of a
request to a Regional PLG or Board of Health for disclosure of confidential materials, the
Regional PLG or Board of Health shall advise the Regional PLGs or Board of Health of such
request in order to give the Regional PLGs or Board of Health the opportunity to object to the
disclosure of any of its materials which it marked as, or otherwise asserts is, proprietary or
confidential. If a Regional PLG or Board of Health objects to disclosure of any of its material,
the Regional PLG or Board of Health shall identify the legal basis under the Act for any right
to withhold. In the event of any action or the filing of a lawsuit to compel disclosure, the
Regional PLG or Board of Health agrees to intervene in such action or lawsuit to protect and
assert its claims of privilege against disclosure of such material or waive the same. If the matter
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is not resolved, the Regional PLGs or Board of Health may tender all material to the court for
judicial determination of the issue of disclosure.
15. GOVERNING LAW AND VENUE. This Regional Agreement shall be governed by the
laws of the State of Colorado. Venue for any legal action relating solely to this Regional
Agreement will be in the District Court of the State of Colorado for Larimer County. Venue
for any legal action relating to the Colorado MOU shall be in a court of competent jurisdiction
where a Settlement or consent decree was entered, as those terms are described or defined in
the Colorado MOU. If a legal action relates to both a Regional Agreement and the Colorado
MOU, venue shall also be in a court of competent jurisdiction where a Settlement or consent
decree was entered.
16. TERMINATION. The Regional PLGs and Board of Health enter into this Regional
Agreement to serve the public interest. If this Regional Agreement ceases to further the public
interest, a Regional PLG or Board of Health, in its discretion, may terminate their participation
in the Regional Agreement, in whole or in part, upon written notice to the other Regional PLGs
and Board of Health. Each Regional PLG and Board of Health also has the right to terminate
the Regional Agreement with cause upon written notice effective immediately, and without
cause upon thirty (30) days prior written notice to the other Regional PLGs and Board of
Health. A Regional PLG’s or Board of Health’s decision to terminate this Regional
Agreement, with or without cause, shall have no impact on the other Regional PLGs or Board
of Health present or future administration of its Opioid Funds and the other procedures outlined
in this Regional Agreement. Rather, a Regional PLG’s or Board of Health’s decision to
terminate themselves from this Regional Agreement shall have the same effect as non-
participation, as outlined in Section 3.2.1(b).
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17. NOTICES. “Key Notices” under this Regional Agreement are notices regarding default,
disputes, or termination of the Regional Agreement. Key Notices shall be given in writing and
shall be deemed received if given by confirmed electronic transmission that creates a record
that may be retained, retrieved and reviewed by a recipient thereof, and that may be directly
reproduced in paper form by such a recipient through an automated process, but specifically
excluding facsimile transmissions and texts when transmitted, if transmitted on a business day
and during normal business hours of the recipient, and otherwise on the next business day
following transmission; certified mail, return receipt requested, postage prepaid, three business
days after being deposited in the United States mail; or overnight carrier service or personal
delivery, when received. For Key Notices, the Regional PLGs and Board of Health will follow
up any electronic transmission with a hard copy of the communication by the means described
above. All other communications or notices between the Regional PLGs and Board of Health
that are not Key Notices may be done via electronic transmission. The Regional PLGs and
Board of Health agree that any notice or communication transmitted by electronic transmission
shall be treated in all manner and respects as an original written document; any such notice or
communication shall be considered to have the same binding and legal effect as an original
document. All Key Notices shall include a reference to the Regional Agreement, and Key
Notices shall be given to the Regional PLGs and Board of Health through the representatives
outlined in Section 9.
1. For Larimer County
County Manager
200 W. Oak St.
Fort Collins, CO 80522
City Attorney
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224 Canyon Ave.
Fort Collins, CO 80521
2. For the City of Loveland
Amy Phillips
Acting Library Director
Loveland Public Library
300 N. Adams
Loveland, CO 80537
amy.phillips@cityofloveland.org
City Attorney
500 E. Third Street, Suite 330
Loveland, CO 80537
CityAttorney@cityofloveland.org
3. For the City of Fort Collins:
City Manager
300 Laporte Avenue
P.O. Box 580
Fort Collins, CO 80522
[email address pending]
City Attorney
300 Laporte Avenue
P.O. Box 580
Fort Collins, CO 80522
caseniorstaff@fcgov.com
4. For the Town of Wellington:
Patti Garcia
Town Administrator
P.O.Box127
Wellington, CO 80549
garciap@wellingtoncolorado.gov
With copy to:
Dan Sapienza
March & Olive, LLC
1312 S. College Ave.
Fort Collins, CO 80524
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dan@bmarchlaw.com
5. For the Board of Health:
Public Health Director
1525 Blue Spruce Dr.
Fort Collins, CO 80524
County Attorney
224 Canyon Ave.
Fort Collins, CO 80521
18. GENERAL TERMS AND CONDITIONS
18.1. Independent Entities. The Regional PLGs and Board of Health enter into this Regional
Agreement as separate, independent governmental entities and shall maintain such status
throughout.
18.2. Assignment. This Regional Agreement shall not be assigned by any Regional PLG or
Board of Health without the prior written consent of all Regional PLGs. Any assignment or
subcontracting without such consent will be ineffective and void and will be cause for termination
of this Regional Agreement.
18.3. Integration and Amendment. This Regional Agreement represents the entire agreement
between the Regional PLGs and Board of Health and terminates any oral or collateral agreement
or understandings. This Regional Agreement may be amended only by a writing signed by the
Regional PLGs. If any provision of this Regional Agreement is held invalid or unenforceable, no
other provision shall be affected by such holding, and the remaining provision of this Regional
Agreement shall continue in full force and effect.
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18.4. No Construction Against Drafting Party. The Regional PLGs, Board of Health, and
their respective counsel have had the opportunity to review the Regional Agreement, and the
Regional Agreement will not be construed against any Regional PLG merely because any
provisions of the Regional Agreement were prepared by a particular Regional PLG.
18.5. Captions and References. The captions and headings in this Regional Agreement are
for convenience of reference only and shall not be used to interpret, define, or limit its provisions.
All references in this Regional Agreement to sections (whether spelled out or using the § symbol),
subsections, exhibits or other attachments, are references to sections, subsections, exhibits or other
attachments contained herein or incorporated as a part hereof, unless otherwise noted.
18.6. Statutes, Regulations, and Other Authority. Any reference in this Regional Agreement
to a statute, regulation, policy or other authority shall be interpreted to refer to such authority then
current, as may have been changed or amended since the execution of this Regional Agreement.
18.7. Conflict of Interest. No Regional PLG shall knowingly perform any act that would
conflict in any manner with said Regional PLG’s or Board of Health’s obligations hereunder. Each
Regional PLG and Board of Health certifies that it is not engaged in any current project or business
transaction, directly or indirectly, nor has it any interest, direct or indirect, with any person or
business that might result in a conflict of interest in the performance of its obligations hereunder.
No elected or employed member of any Regional PLG or Board of Health shall be paid or receive,
directly or indirectly, any share or part of this Regional Agreement or any benefit that may arise
therefrom.
18.8. Inurement. The rights and obligations of the Regional PLGs and Board of Health to the
Regional Agreement inure to the benefit of and shall be binding upon the Regional PLGs, Board
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of Health, and their respective successors and assigns, provided assignments are consented to in
accordance with the terms of the Regional Agreement.
18.9. Survival. Notwithstanding anything to the contrary, the Regional PLGs and Board of
Health understand and agree that all terms and conditions of this Regional Agreement and any
exhibits that require continued performance or compliance beyond the termination or expiration
of this Regional Agreement shall survive such termination or expiration and shall be enforceable
against a Regional PLG and Board of Health if such Regional PLG or Board of Health fails to
perform or comply with such term or condition.
18.10. Waiver of Rights and Remedies. This Regional Agreement or any of its provisions
may not be waived except in writing by a Regional PLG’s authorized representative. The failure
of a Regional PLG or Board of Health to enforce any right arising under this Regional Agreement
on one or more occasions will not operate as a waiver of that or any other right on that or any other
occasion.
18.11. No Third-Party Beneficiaries. Enforcement of the terms of the Regional Agreement
and all rights of action relating to enforcement are strictly reserved to the Regional PLGs. Nothing
contained in the Regional Agreement gives or allows any claim or right of action to any third
person or entity. Any person or entity other than the Regional PLGs receiving services or benefits
pursuant to the Regional Agreement is an incidental beneficiary only.
18.12. Records Retention. The Regional PLGs shall maintain all records, including working
papers, notes, and financial records in accordance with their applicable record retention schedules
and policies. Copies of such records shall be furnished to the Parties request.
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18.13. Execution by Counterparts; Electronic Signatures and Records. This Regional
Agreement may be executed in two or more counterparts, each of which shall be deemed an
original, but all of which shall constitute one and the same instrument. The Regional PLGs and
Board of Health approve the use of electronic signatures for execution of this Regional Agreement.
All use of electronic signatures shall be governed by the Uniform Electronic Transactions Act,
C.R.S. §§ 24-71.3-101, et seq. The Regional PLGs and Board of Health agree not to deny the legal
effect or enforceability of the Regional Agreement solely because it is in electronic form or
because an electronic record was used in its formation. The Regional PLGs and Board of Health
agree not to object to the admissibility of the Regional Agreement in the form of an electronic
record, or a paper copy of an electronic document, or a paper copy of a document bearing an
electronic signature, on the ground that it is an electronic record or electronic signature or that it
is not in its original form or is not an original.
18.14. Authority to Execute. Each Regional PLG and Board of Health represents that all
procedures necessary to authorize such Regional PLG’s and Board of Health’s execution of this
Regional Agreement have been performed and that the person signing for such Regional PLG and
Board of Health has been authorized to execute the Regional Agreement.
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City of Loveland, Colorado
Signature: ______________________________
Name: Stephen C. Adams
Title: City Manager
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ATTEST:
________________________ ______________________
City Clerk Date
APPROVED AS TO FORM:
________________________
Assistant City Attorney
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City of Fort Collins, Colorado
Signature: ______________________________
Name: ______________________________
Title: ______________________________
ATTEST:
________________________ ______________________
City Clerk Date
APPROVED AS TO FORM:
________________________
City Attorney
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Town of Wellington, Colorado
Signature: ______________________________
Name: ______________________________
Title: ______________________________
ATTEST:
________________________ ______________________
Town Clerk Date
APPROVED AS TO FORM:
________________________
Attorney
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County of Larimer, Colorado
Signature: ______________________________
Name: ______________________________
Title: ______________________________
ATTEST:
________________________ ______________________
County Clerk Date
APPROVED AS TO FORM:
________________________
County Attorney
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Larimer County Board of Health
Signature: ______________________________
Name: ______________________________
Title: ______________________________
ATTEST:
________________________ ______________________
County Clerk Date
APPROVED AS TO FORM:
________________________
County Attorney
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Exhibit X
LARIMER REGIONAL GOVERNANCE STRUCTURE
Membership Structure
1. Voting Members
භ 1 representatives appointed by Larimer County
o Initial Voting Member-______________________________
භ 1 representatives appointed by Fort Collins
o Initial Voting Member-______________________________
භ 1 representatives appointed by Loveland
o Initial Voting Member-______________________________
භ 1 representatives appointed by Wellington
o Initial Voting Member-______________________________
භ 1 representative appointed by Board of Health
o Initial Voting Member-______________________________
2. Advisory Members (Optional) (Authorized to Participate in Deliberation)
භ 1 representative from the county human services department
භ 1 representative from county behavioral health services
භ 1 Community Representative - Lived Experience
භ Fiscal Agent - financial representative
භ 1 representative appointed by CJAC
භ 1 representative appointed by Chief Judge of 8th Judicial District
3. Subject Matter Experts (Optional) (Authorized to Present, but do not Deliberate)
භ Health District of Northern Larimer County
භ Thompson Valley Emergency Health District
භ Municipal Judicial Representative(s)
භ representatives from behavioral health providers
භ representatives from health care providers
භ recovery/treatment experts (at least one opioid addiction specialist)
භ other county or city representatives (including other local governments)
භ representative from District Attorney’s Office
භ representative from Public Defender’s Office
භ representatives from local school districts
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Exhibit Y
OFFICIAL BYLAWS OF
“LARIMER REGIONAL OPIOID COUNCIL”
ARTICLE I - NAME AND STATUS
The name of this organization shall be the “Larimer Regional Opioid Council”, also referred to as “LROC”
or the “Council”, which is comprised of the City of Fort Collins, the City of Loveland, the Town of
Wellington, and Larimer County (These parties are individually referred to herein as a “Regional PLG” and
collectively as the “Regional PLGs.”), and the Larimer County Board of Health.
ARTICLE II – PURPOSE
The State of Colorado and Participating Local Governments executed the Colorado Opioids Summary
Memorandum of Understanding on August 26, 2021 (the “Colorado MOU”), establishing the manner in
which Opioid Funds shall be divided and distributed within the State of Colorado. The Colorado MOU
organized Participating Local Governments into Regions eligible to receive a Regional Share, a portion of
the 60% direct allocation of Opioid Funds allocated to regions. The Regional PLGs formed the Council
through the Colorado Regional Opioid Intergovernmental Agreement for the Larimer County Region
(“IGA”). Each Region must create its own Regional Council while giving consideration to the regional
governance models illustrated in the Colorado MOU. The Regional Council must be formed by the
Participating Local Governments within the Region and designate a fiscal agent for the Region. Regional
fiscal agents shall be county or municipal governments only. All funds from the Regional Share shall be
distributed to the Regional Council's identified fiscal agent for the benefit of the entire Region.
The organization is constituted for the purpose of formulating and submitting a 2-year plan, implementing
the plan as well as reporting and auditing at the end of each annual cycle for the LROC funds for the Larimer
County area.
The organization is not formed for any pecuniary or financial gain and no part of the assets, income, or
profit of the organization shall be distributed to or inure to the benefit of the directors, officers, committee
members, or staff of the organization.
ARTICLE III - MEMBERSHIP
1. Voting Members of the Regional Council shall consist of one representative from each of the four
Regional PLGs plus one representative from Larimer County Health with only one vote counted
from each. The representative shall consist of a representative appointed by each municipality,
Larimer County, and Larimer County Board of Health. Each entity will designate an alternate to
serve in the absence of the appointed representative. The alternate may only vote in the absence of
the appointed representative.
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2. Advisory Members of the Council shall include those entities identified in the Larimer County
Regional Governance Structure, Exhibit X of the IGA, (“Governance Structure”) and may be
allowed to participate in deliberations of the Council, as determined by the Voting Members of the
Council. Advisory members are not allowed to vote. The Council may vote to include additional
Advisory Members. Advisory Members shall not be counted for purposes of quorum.
3. Subject Matter Experts of the Council may include those entities and individuals identified in the
“Governance Structure.” Subject Matter Experts are not entitled to participate in deliberations of
the Council unless invited to participate by the Council and are not entitled to vote. The Council
may vote to include additional Subject Matter Experts. Subject Matter Experts shall not be counted
for purposes of quorum.
ARTICLE IV – OFFICERS AND THEIR ELECTION
The officers of the organization will consist of the Chair, Vice-Chair, and Secretary. The Council as a
whole will elect these officers.
1. The Chair will be elected by a majority vote of the Council as a whole.
2. The Vice-Chair will be elected by a majority vote of the Council and will assume the position of
Chair upon the death, disability, removal from office or inability of the Chair to serve. If the
assumption of the position of Chair is to be permanent, the Council as a whole shall elect a new
Vice-Chair at their next regular meeting.
3. In the event that a vacancy occurs in both the positions of Chair and Vice-Chair, the Secretary/
shall temporarily assume the office of Chair, and elections shall be held at the next regular meeting
of the Council to replace the two vacant positions.
Elections for officers shall be held at the first regular meeting of the Council each calendar year. Only
those persons who have signified their consent to serve if elected may be nominated or elected to hold
office.
An officer or member of the Council may be removed from office or from the Council for cause. Cause is
defined as follows:
Ɣ Failure to disclose or properly manage a conflict of interest.
Ɣ Misuse of confidential information.
Ɣ Missing three consecutive Council meetings.
Ɣ Obstructive behavior or other behavior that interferes with the organization's purpose.
Ɣ Upon removal from the Council by the appropriate appointing organization.
Upon removal from the Council, the appropriate appointing organization shall appoint a new
representative.
ARTICLE V – DUTIES OF OFFICERS
1. CHAIR: The Chair shall preside at all meetings of the Council. They shall perform other duties
as may be prescribed in these Bylaws as assigned to them by the Council or committee and shall
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coordinate the work of the Council, committee, and any special or standing committees,
contractors, and staff as may be developed.
2. VICE-CHAIR: The Vice-Chair shall perform all duties of the Chair in the absence or incapacity
of the Chair, and other specialized duties as assigned by the Council or the Committee.
3. SECRETARY: The Secretary shall assure that minutes are kept of the meetings of the organization,
see that timely notice of meetings is given, and be custodian of organization records.
ARTICLE VI – MEETINGS
The Council will meet monthly on the _________________of the month, subject to change. The Council
will meet every __________ for the purpose of an Annual Meeting to certify committee membership for
the following year, review organization progress, and set major policy matters.
A quorum will be required to transact business. A quorum will be defined as a majority of filled Voting
Member positions. The Council at the annual meeting may set other regular meetings of the Council for
that calendar year. A meeting of the Council may be called at any time by the Chair, or by a majority of
Council voting members with three days written notice to all Voting Members.
In addition to in-person meetings, the Council and any committees or subsidiary bodies of the Council may
conduct a regular or special meeting by electronic means only in accordance with these Bylaws. The
following are minimum requirements that must be met in connection with electronic participation and
conduct of meetings by electronic means:
1. For the Council, the Chairperson of the Council, or Vice Chairperson in the absence of the
Chairperson, or the chair of any committee or other formal subgroup of the Council, may determine that
any meeting will be conducted by electronic means, due to convenience, ease of access, public health or
safety concerns, or other reasonable considerations, so long as a minimum of twenty-four hours advance
notice is provided to all Voting Members of the body to meet and is provided to the general public, along
with instructions for how to participate in or observe the meeting. Individual Voting Members of the body
may request to participate in any meeting remotely by providing notice sufficient to allow arrangements to
be made and to allow twenty-four hours advance notice to be provided to other Voting Members.
2. The technology in use to conduct a meeting using electronic means must allow all members of the
Council, committee or other subgroup to hear each other and to hear any presentation or comment offered,
and should allow viewing of any visual materials presented. The general ability to view all members of the
body and any speakers on video is also preferred and will be a consideration in determining whether the
overall technology for the meeting is adequate.
3. Applicable procedural requirements for the conduct of a meeting, such as requirements for a
quorum or the taking of minutes, are not affected by the use of electronic means to meet.
4. All votes shall be conducted by a call of the roll.
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5. If at any time the Chairperson or a majority of the Voting Members meeting determine that the
electronic technology in use is interfering with the effective conduct of the meeting, the meeting shall be
ended and continued either in person or after addressing the technology issues.
All meetings of the Council shall be in accordance with Colorado Open Meetings Law and all other
applicable laws. The Chair may call an executive session as allowed by law.
ARTICLE VII – BUDGET AND FISCAL CONTROLS
The Council will approve a line-item budget prepared by the fiscal agent annually. Adoption of the Budget
will be at the final scheduled meeting of the year.
Fiscal controls will be established by the Council, and will be voted on by the Voting Members. The
Chair and Vice-Chair will sign the requisition to be presented to the fiscal agent for payment.
All funding and/or grant expenditures approved by the Council shall be executed through a contract or
grant award agreement with the identified service or project provider. One of the PLG’s will be assigned
for every approved expenditure and such PLG shall be responsible for preparing, reviewing and executing
all necessary contractual documents.
ARTICLE VIII – FISCAL YEAR
The fiscal year of the Council shall be the calendar year.
ARTICLE IX – AMENDMENT OF BYLAWS
These Bylaws may be amended or repealed by a majority vote of the Voting Members of the Council (not
a majority of those present) at any meeting of the Council provided, however, that written notice of the
proposed amendment or repeal, verbatim, shall be provided to each Voting Member not less than ten days
prior to such meeting.
EXHIBIT A