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.
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Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 17th
day of January 2023.
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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