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HomeMy WebLinkAbout2023-011-01/17/2023-AUTHORIZING AMENDMENT ONE TO THE INTERGOVERNMENTAL AGREEMENT REGARDING LARIMER COUNTY REGIONAL OPIOIRESOLUTION 2023-011 OF THE COUNCIL OF THE CiTY OF FORT COLLINS AUTHORIZING AMENDMENT ONE TO THE INTERGOVERNMENTAL AGREEMENT REGARDING LARIMER COUNTY REGIONAL OPIOID SETTLEMENT IMPLEMENTATION WHEREAS,communities throughout the State of Colorado,including the City of Fort Collins (“City),are suffering from an epidemic of opioid addiction;and WHEREAS,the opioid epidemic has not only affected individuals and families across the country,but it has also burdened the local and state governments charged with providing the services needed to address the wave of addiction;and WHEREAS,local and state governments across the nation,including in Colorado,have filed lawsuits against opioid manufacturers,distributors,and pharmacies for creating the opioid epidemic;and WHEREAS,the parties to the various opioid lawsuits have been negotiating settlement agreements to resolve the litigation which include incentive payments for maximizing participation by local governments;and WHEREAS,through extensive negotiations,local governments and the Colorado Attorney General’s Office developed a Memorandum of Understanding (“MOU”)to govern how opioids settlement funds will be allocated in Colorado;and WHEREAS,in order to participate in and receive funds from the Colorado opioids settlements,the City was required to approve and sign the MOU and associated settlement participation forms,releasing the City’s claims against the opioid manufacturers,distributors, and pharmacies;and WHEREAS,on December 7,2021,the City Council adopted Resolution 2021-113, approving a Memorandum of Understanding with other Colorado local governments and the Colorado Attorney General’s Office (“MOU”)to govern how opioids settlement funds will be allocated in Colorado,and directing the Mayor to sign the MOU and related releases of legal claims against certain opioid industry defendants;and WHEREAS,a significant portion of the Colorado opioid settlement funds will be distributed to 18 designated regions comprising the state,including the Larimer County Region; and WHEREAS,as a condition of distribution of funds to any region,including the Larimer County Region,that Region was required to establish a regional council to govern the distribution of the regional funds,and enter into an intergovernmental agreement to set out the terms of implementation for the region;and —1— WHEREAS,in 2021 a group of staff representing the local governments of the Larimer County Region (Fort Collins,Loveland,Wellington and Larimer County)along with the Larimer County Board of Health,developed a regional structure and intergovernmental agreement to enable the Larimer County Region to plan for utilization of opioid settlement funds,and receive and distribute those funds in support of the plan and consistent with the terms of the opioid settlement (the “Regional IGA”);and WHEREAS,on May 3,2022,the City Council adopted Resolution 2022-055,approving the Regional IGA,which IGA was signed by all original parties effective June 7,2022;and WHEREAS,since that time,the Town of Estes Park has requested to be added as a participating local government under the Regional IGA;and WHEREAS,on September 16,2022,the Opioid Abatement Council for the Larimer County Region voted to recommend the addition of the Town of Estes Park as a participating local government through the amendment of the Regional IGA;and WHEREAS,the parties have prepared Amendment One to the Colorado Regional Opioid Intergovernmental Agreement for the Larimer County Region (“Amendment One”),attached hereto as Exhibit “A”and incorporated herein by this reference,to add Estes Park and add an Estes Park representative to the Regional Council;and WHEREAS,all parties to the Regional IGA must approve Amendment One in order for it to be effective. NOW,THEREFORE,BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1.That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2.That the City Council hereby approves Amendment One. Section 3.That the City Council hereby authorizes the Mayor to execute Amendment One in substantially the form attached hereto as Exhibit “A”,together with such additional terms and conditions as the City Manager,in consultation with the City Attorney,determines to be necessary and appropriate to protect the interests of the City or to effectuate the purposes of this Resolution. -2- Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 17th day of January 2023. $;&~&N ~ ATTEST..1.,:“~ // ~aaawá~ City Clerk EXHIBITA AMENDMENT ONE TO THE COLORADO REGIONAL OPIOID INTERGOVERNMENTAL AGREEMENT FOR THE LARIMER COUNTY REGION Parties.This Amendment is made and entered into by and between the City of Fort Collins,the City of Loveland,the Town of Wellington,the Town of Estes Park and Larimer County. Purpose of Amendment.The original Intergovernmental Agreement (‘Regional Agreement”) established the Opioid Abatement Council for the Larimer County Region.The original parties identified as the Regional Participating Local Governments (“Regional PLGs”)were the City of Fort Collins,the City of Loveland,the Town of Wellington and Larimer County,plus the Larimer County Board of Health.These parties executed the Regional Agreement effective June 7,2022. Since that time,the Town of Estes Park has requested to be added as a Regional PLG under the Regional Agreement.On September 16,2022,the Opioid Abatement Council for the Larimer County Region,voted to recommend the addition of the Town of Estes Park as a Regional PLG to the Regional Agreement.This Amendment is intended for the original Regional PLG5 and Board of Health,to consent and amend the Regional Agreement to include the Town of Estes Park,and for the Town of Estes Park to agree to the terms and conditions of the Regional Agreement as a Regional PLG. Ill.Term of the Amendment.This Amendment shall commence on upon the last signature of the Regional PLGs. IV.Amendments. 1.The first paragraph of the Regional Agreement shall state: 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,the Town of Estes Park 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 PLG5”and the Larimer County Board of Health. 2.Section 3.3(a)of the Regional Agreement shall state: 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,Estes Park or Larimer County. 3.Section 6 of the Regional Agreement shall be amended to include: •Town of Estes Park 0.3502% 4.Section 10.6 of the Regional Agreement shall be amended to include: 10.6.Town of Estes Park designates the Town Administrator or their designee(s). 5.Section 17 of the Regional Agreement shall be amended to include: For the Town of Estes Park: Amendment One tothe colorado Regional Opioid Intergovernmental Agreement for the Larimer county Region Page 1 of 8 EXHIBITA Assistant Town Administrator P.O.Box 1200 Estes Park,CC 80517 idamweber@estes.org Town Attorney P.O.Box 1200 Estes Park,CO 80517 dkramer~estes.orp 6.Exhibit X,Section 1,shall be amended to include: I representative appointed by Estes Park General Provisions. 1.Same Terms and Conditions.With the exception of items explicitly delineated in this Amendment,all terms and conditions of the original Regional Agreement,attached and incorporated by this reference,shall remain unchanged and in full force and effect. 2.Counterparts.This Amendment may be executed in counterparts.Each counterpart, when executed and delivered,shall be deemed an original and all counterparts together shall constitute one and the same Amendment. 3.Adoption of Regional Agreement.The Town of Estes Park,through execution and adoption of this Amendment,executes,adopts and agrees to be bound and obligated by all the terms and conditions of the original Regional Agreement,attached and incorporated by this reference,as amended. THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK. Amendment One to the Colorado Regional Opioid Intergovernmental Agreement for the Larimer County Region Page 2 of 8 EXHIBIT A City of Loveland,Colorado Signature:__________________________________ Name:Stephen C.Adams Title:City Manager ATTEST: City Clerk Date APPROVED AS TO FORM: Assistant City Attorney Amendment One to the Colorado Regional Opioid Intergovernmental Agreement for the Larimer County Region Page 3 of 8 EXHIBIT A City of Fort Collins,Colorado Signature:________________ Name: Title: ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Date Amendment One to the Colorado Regional Opioid Intergovernmental Agreement for the Larimer County Region Page 4 of 8 EXHIBIT A Town of Wellington,Colorado Signature:_________________ Name: Title ATTEST: Town Clerk APPROVED AS TO FORM: Attorney Date Amendment One to the Colorado Regional Opioid Intergovernmental Agreement for the Larimer County Region Page 5 of 8 EXHIBIT A County of Larimer,Colorado By:_________________________________________ Chair,Board of County Commissioners of Larimer County Date:_______________ Attest: Clerk to the Board APPROVED AS TO FORM: Deputy County Attorney Amendment One to the Colorado Regional Opioid Intergovernmental Agreement for the Larimer County Region Page 6 of 6 EXHIBIT A Larimer County Board of Health Signature:___________________ Name: Title: ATTEST: County Clerk APPROVED AS TO FORM: Date Deputy County Attorney Amendment One to the Colorado Regional Opioid Intergovernmental Agreement for the Larimer County Region Page 7 of 8 EXHIBIT A Town of Estes Park,Colorado Signature:________________ Name: Title: ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney Date Amendment One to the Colorado Regional Oploid Intergovernmental Agreement for the Larimer County Region Page 8 of 8