HomeMy WebLinkAbout21-212 APPROVING THE COLORADO OPIOIDS SETTLEMENT MEMORANDUM OF UNDERSTANDING AND ASSOCIATED SETTLEMENT DOCUMENTS 12.8.2021RESOLUTION NO.21-212
A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF
FIRESTONE, COLORADO, APPROVING THE COLORADO OPIOIDS
SETTLEMENT MEMORANDUM OF UNDERSTANDING AND ASSOCIATED
SETTLEMENT DOCUMENTS
VirHEREAS, approxiluately 2,500 cities, counties, and tribal authorities, are parties to the
National Prescription Opiate Litigation, Multi District Litigation (MDL 2804 N.D. Ohio), which
is before the United States District Court for the Northern District of Ohio, Eastern Division; and
WHEREAS, the defendants in the litigation consist of a nniltittide of opioid
manufacturers and distributors, including Johnson and Johnson, Anlerisource Bergen, Cardinal
Health, McKesson, Mallinckrodt, Endo International, Allergan, CVS, Wah•iiart and Albertson's;
and
WHEREAS, the defendants are accused of heightening the opioid crisis by aggressively
marketing opioid treatments while minimizing the risks of addiction and overdose, and failing to
monitor the distribution of opioids to guard against abuse by distributors, and
WHEREAS, some of the defendants, such as Purdue Pharma and Mallinckrodt have
sought relief through bankruptcy; and
WHEREAS, a nationwide settlement has been reached tivith the "Big 3" Opioid
Distributers (McKesson, Cardinal Health and AniensourceBergen) and Jolulson & Jolulson to
resolve the claims that these entities contributed to the opioid epidemic; and
WHEREAS, the Big 3 shall pay a nnaximum of twenty-one billion dallars over eighteen
years and Jolulson and Johnson will pay Cl nnaxirntull of five billion dollars aver no more than
nine years; and
WHEREAS, it is anticipated that the State of Colorado's share of the settlement will
exceed tlu•ee hundred million, which funds could be available a soon as July 2022; and
WHEREAS, as more fiulds become available suclu as from the Purdue Pharnna and
Nlallinckradt bankruptcies, they will be deposited into the National Opioid Settlement
Administrative Fund; and
WHEREAS, to establish a framework for the distribution and sharing of settlement fiulds
local goveruunents tivithin the State worked with the State Attorney General's Office to develop
the Colorado Opioids Settlement Memorandum of Understanding ("MOU") which was signed
by Attorney General Phil Weiser on August 26, 2021; and
WHEREAS, the NIOU provides that all local governments even those not parties to the
litigation are, upon their approval of the MOU eligible to receive the same amount of fiulds as
the litigating parties, and those that do not approve the MOU will have their share allocated to
the Regional Share for the region in which the local government is located; and
WHEREAS, as the settlement agreements contain incentive payments based upon the
participation rate of local governments to ensure the maximum payout for Colorado it is essential
that all local governments even those not parties to the litigation approve the MOU; and
WHEREAS, settlement fields are to be used for "Approved Purposes" which include for
example, the treatment of opioid use disorder and its effects, intervention, assistance to those in
the criminal justice system as a result of opioid use, care and treatment for women and assistance
for medical providers as to the adverse effect of use of opioids during pregnancy, care and
recovery programs and services for those dealing with opioid addiction, training for health care
providers to ensure safe and responsible use of opioids, education and public service programs to
prevent opioid abuse and increased availability of naloxone and other drugs that treat overdoses
of opioids, education of first responders, and fiunding for opioid research for measures and
treatments to reduce the harm of opioid use; and
WHEREAS, Opioid Settleruent Funds provided to Colorado shall be divided and
distributed as follows:
10% directly to the State for Approved Purposes ("State Share");
20% directly to Participating Local Governments for Approved Purposes ("LG Share");
60% directly to Regions for Approved Purposes ("Regional Share") which is comprised
of single and multi -county regions throughout the State;
10% to specific abatement infrastructure improvements for Approved Purposes
(Statewide Infrastructure Share') which includes capital projects and operational
assistance to improve the infrastructure needed to abate the opioid crisis; and
WHEREAS, local governments shall receive funds directly from the LG Share, which
sliall be distributed to the applicable County Area ("Region"), which allocations are based on the
number of persons suffering opioid use disorder in the Region, the number of opioid deaths in
the Region and the amount of opioids distributed in the Region; and
WHEREAS, for the Town of Firestone its LG Share will come from its Region which is
Weld County and Firestone is anticipated to receive 1.46% of the fiends distributed to Weld
County; and
WHEREAS, participating local governments shall also be members of their Regional
Council, which shall be governed by a Regional Council whose voting members shall be
employees or elected officials of a participating local govermilent; and
WHEREAS, each Regional Council may draft its own intra-regional agreements, by laws
and other operating documents to determine ho�v it will operate subject to the terms and
conditions of the MOU; and
WHEREAS, all fiends distributed to the parties within the State shall be governed by a
General Abatement Fund Council, which will consist of thirteen members appointed by the State
2
and the Local Governments, with the State's seven appointees and the Local Govermitent's six
appointees to be individuals who are not officials of the entities but volunteers such as licensed
professionals with significant experience ul substance abuse, opioids impact upon criminal
justice, public health, and prevention, education and recovery programs; and
tiVHEREAS, the State has sole discretion within the guidelines of the Approved Purposes
of the funds it receives under the State Share and the Statewide Infrastructure Share and must on
an annual basis provide documentation regarding all its expenditures including administrative
costs to the General Abatement Fund Council; and
WHEREAS, the MOU includes a provision as to attorney fees by which law firms rirust
I
irst apply to any national common benefit fee find and if fees are still owed they shall be paid
out of a 'Back -Stop Fund" which limits fees to 8.7% of the LG Share and 4.35% of the Regional
Share; and
WHEREAS, distribution of the attorney fees will be overseen by a C`onu�utteeof
litigating and non4itigating local governments, and no attorney fee fields will be provided from
the Sate Share or Statewide Infrastructure Share; and
WHEREAS, in addition to approval of the MOU the Town must execute the following
settlement agreements;
Subdivision Settlement Participation Form which releases subdivisions legal claims
against Johnson and Johnson parent corporation of Janssen;
Subdivision Settlement Participation Form that releases subdivisions legal claims against
AmerisourceBergen, Cardinal Health and McKesson; and
The Colorado Subdivision Escrow Agreement that ensures subdivision's legal claims are
released only when ninety-five percent participation by local govenmlents has been
reached, which secures significant incentive payments under the settlement agreements.
WHEREAS, the Board of Trustees finds that the Colorado Opioids Settlement
Nlermorandum of Understanding will be of benefit to the conuininity's health, safety and welfare
by addressing the issues which the opioid crisis has inflicted not only upon those within the
community but throughout the entire State.
THEREFORE. BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN
OF FIRESTONE, COLORADO, THAT:
The Colorado Opioids Settlement Memorandum of Understanding and the Johnson 8i
Jolulson Subdivision Settlement Participation Form, AmerisourceBergen, Cardinal Health and
McKesson Subdivision Settlement Participation Form and the Colorado Subdivision Escrow
Agreement are all approved in substantially the same form as the copy attached hereto and made
a part of this resolution, and the Mayor is authorized to execute the MOU, Settlement
Participation Forms and Colorado Subdivision Escrow Agreement on behalf of the Town with
the Town Clerk being directed to forthwith provide this executed Resolution and the executed
3
MOU, Settlement Participation Forms and Colorado Subdivision Escrow Agreement to the
Colorado Municipal League, 1144 N. Sherman Street Denver CO 80203.
Done and resolved the Vday of
ATTEST:
CMC, Town Clerk
Bobb1 Sindelar, Mayor
2021.
Williann P. Hayashi. Town Attorney
pN�
IV f
^.z
4
EXHIBIT K
Settlement Participation Form
Governmental Enti
State:
Authorized Official:
Address l:
Address 2:
Cit ,State, Zi
Phone:
Email:
The govermnental entity identified above ("Governmental Entity"), in order to obtain and in
consideration for the benefits provided to the Governmental Entity pursuant to the Settlement
Agreement dated July 21, 2021 ("Janssen Settlement"), and acting through the undersigned
authorized official, hereby elects to participate in the Janssen Settlement, release all Released
Claims against all Released Entities, and agrees as follows.
1. The Governmental Entity is aware of and has reviewed the Janssen Settlement,
understands that all terms in this Election and Release have the meanings defined therein,
and agrees that by this Election, the Governmental Entity elects to participate in the
Janssen Settlement and become a Participating Subdivision as provided therein.
2. The Governmental Entity shall, within 14 days of the Reference Date and prior to the
filing of the Consent Judgment, dismiss with prejudice any Released Claims that it has
filed.
3. The Governmental Entity agrees to the terms of the Janssen Settlement pertaining to
Subdivisions as defined therein.
4. By agreeing to the terms of the Janssen Settlement and becoming a Releasor, the
Governmental Entity is entitled to the benefits provided therein, including, if applicable,
monetary payments beginning after the Effective Date.
5. The Governmental Entity agrees to use any monies it receives through the Janssen
Settlement solely for the purposes provided therein.
6. The Governmental Entity submits to the jurisdiction of the court in the Governmental
Entity's state where the Consent Judgment is filed for purposes limited to that court's role
as provided in, and for resolving disputes to the extent provided in, the Janssen
Settlement.
7. The Governmental Entity has the right to enforce the Janssen Settlement as provided
therein.
f°evised July 30, 2021
8. The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for
all purposes in the Janssen Settlement, including but not limited to all provisions of
Section IV (Release), and along with all departments, agencies, divisions, boards,
commissions, districts, instrumentalities of any kind and attorneys, and any person in
their official capacity elected or appointed to serve any of the foregoing and any agency,
person, or other entity claiming by or through any of the foregoing, and any other entity
identified in the definition of Releasor, provides for a release to the fullest extent of its
authority. As a Releasor, the Governmental Entity hereby absolutely, unconditionally,
and irrevocably covenants not to bring, file, or claim, or to cause, assist or permit to be
brought, filed, or claimed, or to otherwise seek to establish liability for any Released
Claims against any Released Entity in any forum whatsoever. The releases provided for
in the Janssen Settlement are intended by the Parties to be broad and shall be interpreted
so as to give the Released Entities the broadest possible bar against any liability relating
in any way to Released Claims and extend to the full extent of the power of the
Governmental Entity to release claims. The Janssen Settlement shall be a complete bar to
any Released Claim.
9. In connection with the releases provided for in the Janssen Settlement, each
Governmental Entity expressly waives, releases, and forever discharges any and all
provisions, rights, and benefits confer7•ed by any law of any state or territory of the
United States or other jurisdiction, or principle of common law, which is similar,
comparable, or equivalent to § 1542 of the California Civil Code, which reads:
General Release; extent. A general release does not extend to claims that
the creditor or releasing parry does not know or suspect to exist in his or
her favor at the time of executing the release that, if known by him or her,
would have materially affected his or her settlement with the debtor or
released party.
A Releasor may hereafter discover facts other than or different fi•om those which it
knows, believes, or assumes to be true with respect to the Released Claims, but each
Governmental Entity hereby expressly waives and fully, finally, and forever settles,
releases and discharges, upon the Effective Date, any and all Released Claims that may
exist as of such date but which Releasors do not know or suspect to exist, whether
through ignorance, oversight, error, negligence or through no fault whatsoever, and
which, if known, would materially affect the Governmental Entities' decision to
participate in the Janssen Settlement.
10. Nothing herein is intended to modify in any way the tei7ns of the Janssen Settlement, to
which Governmental Entity hereby agrees. To the extent this Election and Release is
interpreted differently from the Janssen Settlement in any respect, the Janssen Settlement
controls.
f°evised July 30, 2021
I have all necessary power and authorization to execute thi lectio d �ele e on behalf of
the Goverrunental Entity. �D�
t,,�.x� ��,.
�: � Signature:
,'` �<ve°Q..�a, ��� Name: �bb%i c)I���GI,Y
� � � `� s ® Title: �'(, � Y
�`t�"�pv�',��` Date: /?�OL(
revised July 30, 2021
DISTRIBUTORS' 9.18.21
EXHIBIT UPDATES
EXHIBIT K
Subdivision Settlement Participation Form
Governmental Entity:
State.
Authorized Official:
Address 1:
Address 2:
City, State, Zip:
Phone:
Email:
The governmental entity identified above ("Gove��r2�nentul Entity"), in order to obtain and
in consideration for the benefits provided to the Governmental Entity pursuant to the Settlement
Agreement dated July 21, 2021 ("Distributor Settlement"), and acting through the undersigned
authorized official, hereby elects to participate in the Distributor Settlement, release all Released
Claims against all Released Entities, and agrees as follows.
1. The Governmental Entity is aware of and has reviewed the Distributor Settlement,
understands that all terms in this Participation Form have the meanings defined therein,
and agrees that by signing this Participation Form, the Governmental Entity elects to
participate in the Distributor Settlement and become a Participating Subdivision as
provided therein.
2. The Governmental Entity shall, within 14 days of the Reference Date and prior to the
filing of the Consent Judgment, secure the dismissal with prejudice of any Released
Claims that it has filed.
3. The Governmental Entity agrees to the terms of the Distributor Settlement pertaining to
Subdivisions as defined therein.
4. By agreeing to the teams of the Distributor Settlement and becoming a Releasor, the
Governmental Entity is entitled to the benefits provided therein, including, if applicable,
monetary payments beginning after the Effective Date.
5. The Governmental Entity agrees to use any monies it receives through the Distributor
Settlement solely for the purposes provided therein.
6. The Governmental Entity submits to the jurisdiction of the court in the Governmental
Entity's state where the Consent Judgment is filed for purposes limited to that court's role
as provided in, and for resolving disputes to the extent provided in, the Distributor
Settlement. The Governmental Entity likewise agrees to arbitrate before the National
Arbitration Panel as provided in, and for resolving disputes to the extent otherwise
provided in, the Distributor Settlement.
K-1
DISTRIBUTORS' 9.18.21
EXHIBIT UPDATES
7. The Govermnental Entity has the right to enforce the Distributor Settlement as provided
therein.
8. The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for
all purposes in the Distributor Settlement, including, but not limited to, all provisions of
Part XI, and along with all departments, agencies, divisions, boards, commissions,
districts, instrumentalities of any kind and attorneys, and any person in their official
capacity elected or appointed to serve any of the foregoing and any agency, person, or
other entity claiming by or through any of the foregoing, and any other entity identified in
the definition of Releasor, provides for a release to the fullest extent of its authority. As a
Releasor, the Governmental Entity hereby absolutely, unconditionally, and irrevocably
covenants not to bring, file, or claim, or to cause, assist or permit to be brought, filed, or
claimed, or to otherwise seek to establish liability for any Released Claims against any
Released Entity in any forum whatsoever. The releases provided for in the Distributor
Settlement are intended by the Parties to be broad and shall be interpreted so as to give
the Released Entities the broadest possible bar against any liability relating in any way to
Released Claims and extend to the full extent of the power of the Governmental Entity to
release claims. The Distributor Settlement shall be a complete bar to any Released
Claim,
9. The Governmental Entity hereby takes on all rights and obligations of a Participating
Subdivision as set forth in the Distributor Settlement,
10. In connection with the releases provided for in the Distributor Settlement, each
Governmental Entity expressly waives, releases, and forever discharges any and all
provisions, rights, and benefits conferred by any law of any state or territory of the
United States or other jurisdiction, or principle of common law, which is similar,
comparable, or equivalent to § 1542 of the California Civil Code, which reads:
General Release; extent. A general release does not extend to claims that
the creditor or releasing parry does not know or suspect to exist in his or
her favor at the time of executing the release, and that if known by him or
her would have materially affected his or her settlement with the debtor or
released party.
A Releasor may hereafter discover facts other than or different from those which it
knows, believes, or assumes to be true with respect to the Released Claims, but each
Governmental Entity hereby expressly waives and fully, finally, and forever settles,
releases and discharges, upon the Effective Date, any and all Released Claims that may
exist as of such date but which Releasors do not know or suspect to exist, whether
through ignorance, oversight, error, negligence or through no fault whatsoever, and
which, if known, would materially affect the Governmental Entities' decision to
participate in the Distributor Settlement.
K-2
DISTRIBUTORS' 9.18.21
EXHIBIT UPDATES
11. Nothing herein is intended to modify in any way the terms of the Distributor Settlement,
to which Governmental Entity hereby agrees. To the extent this Participation Form is
interpreted differently from the Distributor Settlement in any respect, the Distributor
Settlement controls.
I have all necessary power and authorization to execute this Participation Form on behalf of the
Governmental Entity, L
Signature:MP
1....
`$ Name: Aobbi din
Title: h'la or
'G
C® OcCJU�1��
Date: � _ Z�� �ZGZI
K-3
Colorado Subdivision Escrow Agreement
Governmental Entity:
State: CO
Authorized Official:
Address 1:
Address 2:
City, State, Zip:
Phone:
Email:
The governmental entity identified above ("Governmental Entity") hereby provides Colorado
Counties, Inc. (for counties) or the Colorado Municipal League (for municipalities) ("Escrow
Agent") the enclosed copies of the Governmental Entity's endorsed Subdivision Settlement
Participation Forms and the Colorado Opioids Settlement Memorandum of Understanding
("Colorado MOU"), to be held in escrow. The Subdivision Settlement Participation Forms apply
respectively to (1) the National Settlement Agreement with McKesson Corporation, Cardinal
Health, Inc., and AmerisourceBergen Corporation, dated July 21, 2021 ("Distributor
Settlement"); and (2) the National Settlement Agreement with Janssen Pharmaceuticals, Inc., and
its parent company Johnson & Johnson, dated July 21, 2021 ("J&JSettlement"). Pursuant to this
Agreement, the Subdivision Settlement Participation Forms and the Colorado MOU will be
released only if there is 95% participation by local governments in Colorado as further explained
below.
Purpose of this Agreement
By endorsing a Subdivision Settlement Participation Form in the Distributor Settlement and the
J&J Settlement, a governmental entity agrees to participate in those settlements and release any
legal claims it has or may have against those settling pharmaceutical companies. This Colorado
Subdivision Escrow Agreement is meant to ensure that the legal claims of governmental entities
in Colorado will be released only when 95% participation by certain governmental entities has
been reached. That 95% participation threshold is important because it signals to the settling
pharmaceutical companies that the settlement has wide acceptance which will then secure
significant incentive payments under these settlement agreements.
Escrow
The Escrow Agent shall promptly report the receipt of any Governmental Entity's endorsed
Subdivision Settlement Participation Forms and Colorado MOUs to the Colorado Attorney
General's Office and to the law film of Keller Rohrback L.L.P. These documents shall be
released by the Escrow Agent to the Colorado Attorney General's Office if and when the Escrow
Agent is notified by the Attorney General's Office and Keller Rohrbacic that that the threshold
95% participation levels have been reached for both the Distributor Settlement and the J&J
Settlement, as fiwther described below. If by December 29, 2021, the Escrow Agent has not
received notification that the threshold 95% levels have been reached for both the Distributor
Settlement and the J&J Settlements, then the documents being escrowed shall be returned to the
Governmental Entities and all copies shall be destroyed.
Distributor Settlement
The Attorney General's Office and Keller Rohrbat, shall jointly submit a written notification to
the Escrow Agent when it has been determined that the percentages of populations eligible for
Incentives B and C, as described in Sections IV.F.2 and IV.F.3 of the Distributor Settlement, are
each 95% or more. For purposes of this Escrow Agreement, the percentages of populations
eligible for Incentives B and C under the Distributor Settlement will include governmental
entities that sign a Subdivision Settlement Participation Form subject to an escrow agreement
and governmental entities that sign a Subdivision Settlement Participation Form that is not
subject to an escrow agreement.
J&J Settlement
The Attorney General's Office and Keller Rohrbacic shall jointly submit a written notification to
the Escrow Agent when it has been determined that the Participation or Case -Specific Resolution
Levels for Incentives B and C, as described in Sections V.E.5 and V.E.6 of the J&J Settlement,
are each 95% or more. For purposes of this Escrow Agreement, the percentages or populations
eligible for Incentives B and C under the J&J Settlement will include governmental entities that
sign a Subdivision Settlement Participation Form subject to an escrow agreement and
governmental entities that sign a Subdivision Settlement Participation Form that is not subject to
an escrow agreement.
Colorado Subdivision Name (p6J1'l �� -�j Ye$t0F1. G
LI
90 dIII
COLORAD0 OPIOIDS SETTLEMENT MEMORANDUM OF UNDERSTANDING
("MOU")
Thursday, August 26, 2021
August 25, 2021 Attorney General version
A. Definitions
As used in this MOU:
1. "Approved Purpose(s)" shall mean forward -looking strategies, programming, and
services to abate the opioid epidemic as identified by the terms of any Settlement.
If a Settlement is silent on Approved Purpose(s), then Approved Purpose(s) shall
mean those forward -looking strategies to abate the opioid epidemic identified in
Exhibit A or any supplemental forward -looking abatement strategies added to
Exhibit A by the Abatement Council. Consistent with the terms of any
Settlement, "Approved Purposes" shall also include the reasonable administrative
costs associated with overseeing and administering Opioid Funds from each of the
four (4) Shares described in Section (13)(2). Reimbursement by the State or Local
Governments for past expenses are not Approved Purpose(s). "Approved
Purposes" shall include attorneys' fees and expenses incurred in the course of the
opioid litigation that are paid through the process discussed below.
2. "County Area" shall mean a county in the State of Colorado plus the Local
Governments, or portion of any Local Government, within that county.
3. "Effective Date" shall mean the date on which a court of competent jurisdiction,
including any bankruptcy court, enters the first Settlement by order or consent
decree. The Parties anticipate that more than one Settlement will be administered
according to the terms of this MOU, but that the first entered Settlement will
trigger the formation of the Abatement Council in Section (C) and the Regional
Councils in Section (F)(5). t
4. "General Abatement Fund Council," or "Abatement Council," shall have the
meaning described in Section (C), below.
t For the avoidance of doubt, the McKinsey Settlement and any other Settlement that precedes the finalization of
drafting this MOU are not considered a trigger for purposes of the calculation of "Effective Date."
5. "Local Government(s)" shall mean all counties in the State of Colorado and the
municipalities, towns, and county and city municipal corporations that are listed
in Exhibit B.
6. "National Opioid Settlement Administrative Fund" shall mean any fund identified
by a Settlement for the national distribution of Opioid Funds.
7. "Opioid Funds" shall mean damage awards obtained through a Settlement.
8. "Opioid Settling Defendant" shall mean any person or entity, or its affiliates, that
engages in or has engaged in the manufacture, marketing, promotion, distribution,
or dispensing of licit opioids.
9. "Participating Local Government(s)" shall mean all Local Governments that sign
this MOU, and if required under terms of a particular Settlement, who have
executed a release of claims with the Opioid Settlement Defendant(s). For the
avoidance of doubt, a Local Government must sign this MOU to become a
"Participating Local Government." Local Governments may designate the
appropriate individual from their entity to sign the MOU.
10. "Party" or "Parties" shall mean the State and/or Participating Local
Government(s).
11. "Qualified Settlement Fund Account," or "QSF Account," shall mean an account
set up as a qualified settlement fund, 468b fund, as authorized by Treasury
Regulations 1.468B-1(c) (26 CFR § 1.468B-1).
12. "Regional Council" shall have the meaning described in Section
13. "Settlement" shall mean the negotiated resolution of legal or equitable claims
against an Opioid Settling Defendant when that resolution has been jointly
entered into by the State and the Participating Local Governments, or by any
individual Party or collection of Parties that opt to subject their Settlement to this
MOU. Unless otherwise directed by an order from a United States Bankruptcy
Court, "Settlement" shall also include distributions from any liquidation under
Chapter 7 of the United States Bankruptcy Code or confirmed plan under Chapter
11 of the United States Bankruptcy Code that treats the claims of the State and
Local Governments against an Opioid Settling Defendant.
14. "The State" shall mean the State of Colorado acting through its Attorney General
and the Colorado Department of Law.
B. Allocation of Settlement Proceeds
1. All Opioid Funds shall be held in accordance with the terms of any Settlement. If
a Settlement allows Opioid Funds to be held in a National Opioid Settlement
Administrative Fund, then Opioid Funds shall be held in such National Opioid
Settlement Administrative Fund. If a Settlement does not allow for Opioid Funds
2
to be held in a National Opioid Settlement Administrative Fund, Opioid Funds
shall be held in a Colorado -specific QSF Account or, under the following limited
circumstances, in the State's Custodial Account: 1) if at the time of a Settlement,
a Colorado -specific QSF Account is not yet established, although in such case, the
Opioid Funds shall be transferred to the Colorado -specific QSF Account once it is
established or 2) where the Abatement Fund Council determines Opioids Funds
cannot be legally held in a Colorado -specific QSF Account. Regardless of
whether Opioid Funds are held in a National Administrative Fund, a Colorado.
specific QSF Account, or in the State's Custodial Account, the Abatement
Council shall appoint one of its members to serve as the point of contact in
accordance Section (C)(4)(b)(i), below.
2. All Opioid Funds, at the time of a Settlement or at the time designated in the
Settlement documents, shall be divided and distributed as follows:2
a. 10%directly to the State ("State Share") for Approved Purposes in
accordance with Section (D), below;
b. 20% directly to Participating Local Governments ("LG Share") for
Approved Purposes in accordance with Section (E), below;
c. 60%directly to Regions ("Regional Share") for Approved Purposes in
accordance with Section (F), below; and
specific abatement infrastructure projects ("Statewide
Infrastructure Share') for Approved Purposes in accordance with Section
(G), below.
3. Distribution of the Shares in Section B(2)(a) _ (d) shall be direct, meaning that
funds held in accordance with Section B(1) shall be disbursed directly to the
State, Participating Local Governments, Regions, and the Statewide Infrastructure
Share according to the terms of this MOU.
4. All Opioid Funds, regardless of allocation, shall be used for Approved Purposes.
5. Participating Local Governments may elect to share, pool, or collaborate with
their respective allocation of the LG or Regional Shares in any manner they
choose, so long as such sharing, pooling, or collaboration is used for Approved
Purposes and complies with the terms of this MOU and any Settlement.
C. General Abatement Fund Council
1. A General Abatement Fund Council (the "Abatement Council"), consisting of
representatives appointed by the State and Participating Local Governments, shall
2 This MOU treats multi -county health departments as county health departments for purposes of allocation and
distribution of abatement proceeds and therefore multi -county health departments shall not receive any Opioid
Funds directly. Third -Party Payors ("TPPs") are not Parties to this MOU.
3
be created to ensure the distribution of Opioid Funds complies with the terms of
any Settlement and to provide oversight of the Opioid Funds in accordance with
the terms of this MOU.
2. Membership: The Abatement Council shall consist of the following thirteen (13)
members, who shall serve in their official capacity only.
a. State Members: Seven (7) members shall be appointed by the State, as
authorized volunteers of the State, as follows.
(i) A Chair to serve as anon -voting member, except in the event of a
tie,
(ii) Two (2) members who are licensed professionals with significant
experience in substance use disorders;
(iii) Three (3) members who are professionals with significant
experience in prevention, education, recovery, treatment, criminal
justice, rural public health issues, or government administration
related to substance use disorders; and
(iv) One (1) member or family member affected directly by the opioid
crisis.
b. Local Government Members: Six (6) members shall be appointed by the
Participating Local Governments, Local Government Members shall be a
County Commissioner, Mayor, City or Town Council Member, or a
professional with significant experience in prevention, education,
recovery, treatment, criminal justice, rural public health issues, or
governmental administration related to substance use disorders. A
Participating Local Government may determine which Local Government
Members are eligible (or ineligible) to serve on the General Abatement
Fund Council. County Commissioners, City or Town Council Members,
and/or Mayors from the Regions identified in Exhibit C shall collaborate
to appoint Local Government Members as follows:
(i) Two (2) Members from Regions 1, 5, 13, 14, 15, 17, I8;
(ii) Two (2) Members from Regions 2, 6, 7, 8, 9, 10, 11, 12, I6; and
Two (2) Members from Regions 3, 4, 196
c. Terms: The Abatement Council shall be established within ninety (90)
days of the Effective Date. In order to do so, within sixty (60) days of the
Effective Date, the State shall appoint the State Members in accordance
with Section (C)(2)(a), and after conferral with the Local Governments,
CCI and CML shall jointly appoint six (6) Local Government Members
for an initial term not to exceed one year. Thereafter, Members shall be
appointed in accordance with this Section and Sections (C)(2)(a) and (b)
and may serve no more than two (2) consecutive two-year terms, for a
total of four (4) consecutive years. Except that, beginning in the second
year only, two (2) State Members and two (2) Local Government members
shall be appointed for a three-year term and may serve one consecutive
two-year term thereafter. The Chair shall have no term but may be
replaced at the State's discretion.
(i) If a State or Local Government Member resigns or is otherwise
removed from the Abatement Council prior to the expiration of
their term, a replacement Member shall be appointed within sixty
(60) days in accordance with Sections (C)(2)(a) and (b).
(ii) If a Local Government Member vacancy exists for more than sixty
(60) days, the State shall appoint a replacement Local Government
Member to serve until the vacancy is filled in accordance with
Section (C)(2)(b).
3. Duties: The Abatement Council is primarily responsible for ensuring that the
distribution of Opioid Funds complies with the terms of this MOU. The
Abatement Council is also responsible for oversight of Opioid Funds from the
Regional Share in accordance with Section (F), below, and for developing
processes and procedures for the distribution and oversight of Opioid Funds from
the Statewide Infrastructure Share in accordance with Section (G) below.
4. Governance: The Abatement Council shall draft its own bylaws or other
governing documents, which must include appropriate conflict of interest and
dispute resolution provisions, in accordance with the terms of this MOU and the
following principles:
a. Authority: The Abatement Council does not have rulemaking authority.
The terms of this MOU and any Settlement, as entered by any court of
competent jurisdiction, including any bankruptcy court, control the
authority of the Abatement Council and the Abatement Council shall not
stray outside the bounds of the authority and power vested by this MOU
and any Settlement.
b. Administration: The Abatement Council shall be responsible for an
accounting of all Opioid Funds. The Abatement Council shall be
responsible for releasing Opioid Funds in accordance with Section (B)(1)
for the Regional and Statewide Infrastructure Shares in Sections (B)(2)(c)
and (d) and shall develop policies and procedures for the release and
oversight of such funds in accordance with Sections (F) and (G). Should
the Abatement Council require assistance with providing an accounting of
Opioid Funds, it may seek assistance from the State.
S
(i) The Abatement Council shall appoint one of its members to serve
as a point of contact for the purpose of communicating with the
entity holding Opioid Funds in accordance with Section (13)(1) and
in that role shall only act as directed by the Abatement Council.
c. Transparency: The Abatement Council shall operate with all reasonable
transparency and operate in a manner consistent with all Colorado laws
relating to open records and meetings regardless of whether the Abatement
Council is otherwise obligated to comply with them.
(i) The Abatement Council shall develop a centralized public
dashboard or other repository for the publication of expenditure
data from any Party or Regional Council that receives Opioid
Funds in accordance with Sections (D).(G).
(ii) The Abatement Council may also require outcome related data
from any Party or Regional Council that receives Opioid Funds in
accordance with Sections (D)-(G) and may publish such outcome
related data in the centralized public dashboard or other repository
described above. In determining which outcome related data may
be required, the Abatement Council shall work with all Parties and
Regional Councils to identify appropriate data sets and develop
reasonable procedures for collecting such data sets so that the
administrative burden does not outweigh the benefit of producing
such outcome related data.
(iii) For purposes of funding the centralized public dashboard or other
repository described above, the Abatement Council shall make
good faith efforts to seek funding from outside sources first,
otherwise the State shall provide such funding.
d. Collaboration: The Abatement Council shall facilitate collaboration
between the State, Participating Local Governments, Regional Councils,
and other stakeholders for the purposes of sharing data, outcomes,
strategies, and other relevant information related to abating the opioid
crisis in Colorado.
e. Decision Making: The Abatement Council shall seek to make all
decisions by consensus. In the event consensus cannot be achieved, unless
otherwise required in this MOU, the Abatement Council shall make
decisions by a majority vote of its Members. The Chair shall only vote in
the event of a tie.
f. Due Process: The Abatement Council shall develop the due process
procedures required by Section (G)(3)(d) for Parties to dispute or
challenge remedial actions taken by the Abatement Council for Opioid
Funds from the Statewide Infrastructure Share. The Abatement Council
0
shall also abide by the due process principles required by Section kr)(12)-
(13) for Regions to dispute or challenge remedial actions taken by the
Abatement Council for Opioid Funds from the Regional Share.
g. Legal Status: The Abatement Council shall not constitute a separate legal
entity.
h. Legal Representation: To the extent permitted by law, the State shall
provide legal counsel to State Members for all legal issues arising from
those State Members' work on the Abatement Council. At all times, Local
Government Members of the Abatement Council are entitled to receive
legal representation from their respective governmental entities. In the
event of a conflict, the Abatement Council and its members may retain the
services of other legal counsel.
i. Compensation: No member of the Abatement Council shall be
compensated for their work related to the Abatement Council,
D. State Share
1. In accordance with Sections (B)(1) and (B)(2)(a), and the terms of any Settlement,
the State Share shall be paid directly to the State in accordance with the terms of
this Section (D).
2. The State maintains full discretion over distribution of the State Share anywhere
within the State of Colorado, however, the State Share shall be used for Approved
Purposes only. The State will work to reduce administrative costs as much as
practicable.
3. On an annual basis, as determined by the Abatement Council, the State shalt
provide ali expenditure data, including administrative costs, from the State Share
to the Abatement Council for purposes of maintaining transparency in accordance
with Section (C)(4)(c)(i). The Abatement Council may require the State to
provide additional outcome -related data in accordance with Section (C)(4)(c)(ii)
and the State shall comply with such requirements.
4. If the State disputes the amount of Opioid Funds it receives from the State Share,
the State shall alert the Abatement Council within sixty (60) days of discovering
the information underlying the dispute. Failure to alert the Abatement Council
within this time frame shall not constitute a waiver of the State's right to seek
recoupment of any deficiency in its State Share.
E. LG Share
1. In accordance with Sections (B)(1}and (B)(2)(b), and the terms of any
Settlement, the LG Share shall be paid directly to Participating Local
Governments in accordance with the terms of this Section (E).
7
2. Allocations to Participating Local Governments from the LG Share shall first be
determined using the percentages shown in Exhibit D.
3. 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.
The Participating Local Governments may elect to modify the allocation for a
County Area in Exhibit E, but such modification to the allocation in Exhibit E
shall not change a County Area's total allocation under Section (E)(2).
4. A Local Government that chooses not to become a Participating Local
Government will not receive a direct allocation from the LG Share. The portion of
the LG Share that would have been allocated to a Local Government that is not a
Participating Local Government will instead be re -allocated to the Regional Share
for the Region where the Local Government is located, in accordance with
Section (F), below.
5. In the event a Participating Local Government dissolves or ceases to exist during
the term of any Settlement, the allocation for that Participating Local Government
from the LG Share shall be re -allocated as directed by any Settlement, and if not
specified, be re -allocated to the Regional Share for the Region in which the
Participating Local Government was located, in accordance with Section (F). If a
Participating Local Government merges with another Participating Local
Government, the allocation for that Participating Local Government from the LG
Share shall be re -allocated as directed by any Settlement, and if not specified,
shall be re -allocated to the successor Participating Local Government's allocation
of the LG Share. If a Participating Local Government merges with a Local
Government that is not a Participating Local Government, the allocation for that
Participating Local Government from the LG Share shall be re -allocated as
directed by any Settlement, and if not specified, be re -allocated to the Region in
which the merging Participating Local Government was located, in accordance
with Section (F), below.
6. A Participating Local Government may forego its allocation of the LG Share and
direct its allocation to the Regional Share for the Region where the Participating
Local Government is located, in accordance with Section (F) below, by
affirmatively notifying the Abatement Council on an annual basis of its decision
to forego its allocation of the LG Share, A Participating Local Government's
election to forego its allocation of the LG Share shall carry over to the following
year unless the Participating Local Government notifies the Abatement Council
otherwise. If a Participating Local Government elects to forego its allocation of
the LG Share, the Participating Local Government shall be excused from the
reporting requirements required by Section (E)(S).
7. Participating Local Governments maintain full discretion over the distribution of
their allocation of the LG Share anywhere within the State of Colorado, however,
all Participating Local Governments shall use their allocation from the LG Share
for Approved Purposes only. Reasonable administrative costs for a Participating
Local Government to administer its allocation of the LG Share shall not exceed
actual costs or 10% of the Participating Local Government's allocation of the LG
Share, whichever is less.
8. On an annual basis, as determined by the Abatement Council, all Participating
Local Governments shall provide all expenditure data, including administrative
costs, from their allocation of the LG Share to the Abatement Council for
purposes of maintaining transparency in accordance with Section (C)(4)(c)(1).
The Abatement Council may require Participating Local Governments to provide
additional outcome related data in accordance with Section (C)(4)(c)(11) and all
Participating Local Governments shall comply with such requirements.
9. If any Participating Local Government disputes the amount of Opioid Funds it
receives from its allocation of the LG Share, the Participating Local Government
shall alert the Abatement Council within sixty (60) days of discovering the
information underlying the dispute. Failure to alert the Abatement Council within
this time frame shall not constitute a waiver of the Participating Local
Government's right to seek recoupment of any deficiency in its LG Share.
F. Regional Share
1. In accordance with Sections (B)(1) and (B)(2){c), and the terms of any Settlement,
the Regional Share shall be paid to the Regions in accordance with the terms of
this Section (F).
2. Participating Local Governments shall organize themselves into the Regions
depicted in Exhibit C. Municipalities located in multiple Regions may join all or
some of the Regions in which they are located according to Exhibit C.
3. Allocations to Regions will be distributed according to Exhibit F. For multi -
county Regions, each Region's share listed in Exhibit F is calculated by summing
the individual percentage shares listed in Exhibit D for the counties within that
Region. The percentages in Exhibit F are based on the assumption that every
Local Government in each Region becomes a Participating Local Government.
4. In the event a city, town, or other municipality that is a Participating Local
Government merges, dissolves, or ceases to exist during the term of any
Settlement, the allocation of the Regional Share owed to the Region in which that
Participating Local Government existed shall be re -allocated as directed by any
Settlement, and if not specified, shall not be modified from Exhibit F. If a county
that is a Participating Local Government merges with another county within its
Region, the allocation of the Regional Share owed to the Region in which that
county existed shall be re -allocated as directed by any Settlement, and if not
specified, shall not be modified from Exhibit F. If a county that is a Participating
Local Government merges with a county in a different Region during the term of
L�
any Settlement, the allocation of the Regional Share owed to the Region in which
that county existed shall be re -allocated as directed by any Settlement, and if not
specified, shall be re -allocated to the Region in which that Participating Local
Government merged in accordance with Exhibit F.
5. Each Region must create its own Regional Council while giving consideration to
the regional governance models illustrated in Exhibit G. The Regional Council
must be formed by the Participating Local Governments within the Region and
each Regional Council shall 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.
a. Subject to this Section F(5), each Region may draft its own intra-regional
agreements, bylaws, or other governing documents to determine how the
Regional Council will operate. However, each voting member of a
Regional Council shall be an employee or elected official of a
Participating Local Government within the applicable Region. In the case
of Denver, the voting members of its Regional Council shall be appointed
by the Mayor. In the case of Broomfield, the voting members of its
Regional Council shall be appointed by the Broomfield City and County
Manager.
b. The Region shall not receive any Opioid Funds from the Regional Share
until the Region certifies to the Abatement Council that its Regional
Council has been formed and a fiscal agent has been designated. Such
certification shall be in a simple form adopted by the Region and may be
made via email, so long as it includes the names and affiliations of the
Regional Council's members and the designated fiscal agent.
c. If a Region does not form and certify its Regional Council and designate
its fiscal agent within one -hundred and eighty (180) days of the Effective
Date, the Abatement Council shall appoint members to the Region's
Regional Council, Regional Council members appointed by the
Abatement Council shall serve until the Region certifies the formation of
its Regional Council to the Abatement Council.
d. A Region shall submit a renewed certification required by Section
(F)(5}(b)9 above, when its membership changes.
e. If a membership vacancy exists on a Regional Council for more than
ninety (90) days and the Regional Council is unable to fill the vacancy by
its regular procedures during that time, the Abatement Council shall
appoint a replacement member to serve until the Region fills the vacancy.
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6. A Local Government that chooses not to become a Participating Local
Government shall not receive any Opioid Funds from the Regional Share or
participate in the Regional Councils described in Section (F)(5) above.
7. Each Regional Council shall make requests to the Abatement Council for Opioid
Funds from their allocation of the Regional Share. Each Regional Council's
request for Opioid Funds from the Regional Share shall be accompanied by a 2-
year plan identifying the Approved Purposes for which the requested funds will
be used by the Region anywhere within the State of Colorado. A Regional
Council's 2-year plan may be amended so long as such amendments comply with
the terms of this MOU and any Settlement. Any Regional Council may seek
assistance from the Abatement Council for purposes of developing its 2-year plan.
8. Reasonable administrative costs for a Regional Council to administer its Region's
allocation of the Regional Share shall not exceed actual costs or 10% of the
Region's allocation of the Regional Share, whichever is less.
9. The Abatement Council shall release funds requested by a Regional Council in
accordance with Section (B)(1) if the Regional Council's 2-year plan complies
with the Approved Purposes, the terms of this MOU, and the terms of any
Settlement. The Abatement Council shall not deny any funding request from a
Regional Council on the basis that the Abatement Council does not approve or
agree with the Approved Purposes for which a Regional Council requests Opioid
Funds from the Regional Share. Nor may the Abatement Council hold up, delay,
or make unreasonable requests for additional or supporting information of the
Regional Council prior to releasing the requested Opioid Funds. The purpose of
this MOU is to facilitate Opioid Funds to their intended recipients quickly and
efficiently with minimal administrative procedure.
10. On an annual basis, as determined by the Abatement Council, each Regional
Council's fiscal agent shall provide to the Abatement Council the Regional
Council's expenditure data, including administrative costs, 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. The Regional Council shall subject itself to an accounting at the Abatement
Council's discretion.
a. The Abatement Council shall review a Regional Council's expenditure
data and certification to ensure compliance with the Regional Council's year plan, the Approved Purposes, and the terms of this MOU and any
Settlement.
b. The Abatement Council shall publish the Regional Council's expenditure
data, including administrative costs, from the Regional Share in
accordance with Section (C)(4)(c)(i). The Abatement Council may require
Regional Councils to provide additional outcome related data in
11
accordance with Section (C)(4)(c)(n) and all Regional Councils shall
comply with such requirements.
11 If any 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. 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.
12. If the Abatement Council has reason to believe a Region's expenditure of its
allocation of the Regional Share did not comply with the Region's 2-year Plan,
the Approved Purposes, the terms of this MOU or any Settlement, as described in
this Section (F), or that the Region otherwise misused its allocation of the
Regional Share, the Abatement Council may take remedial action against the
alleged offending Region. Such remedial action is left to the discretion of the
Abatement Council and may include but not be limited to, withholding future
Opioids Funds owed to the offending Region or requiring the offending Region to
reimburse improperly expended Opioid Funds to the Regional Share.
13. Within one hundred and twenty (120) days of the Abatement Council being
formed, in accordance with Section (C)(2)(c) above, the Abatement Council shall
develop and publish due process procedures for allowing a Region to challenge or
dispute any remedial action taken by the Abatement Council, including timelines
during which the Region may engage in such a challenge or dispute. Such due
process procedures shall reflect, at a minimum, the following principles:
a. Upon learning of any conduct that may warrant remedial action against a
Region, the Abatement Council shall first provide notice to the Region of
the conduct at issue, provide the Region an opportunity to respond, and, if
appropriate, cure the alleged offending conduct. If after providing the
Region such notice and opportunities to respond and cure, the Abatement
Council continues to believe remedial action is warranted, the Abatement
Council may take such remedial action.
b. If the Abatement Council decides to take remedial action against an
alleged offending Region, such action may only occur by atwo-thirds
supermajority vote of the Abatement Council. Thus, an Abatement
Council made up of twelve (12) voting members requires a vote of eight
(8) Members prior to taking remedial action against an alleged offending
Region.
c. Prior to taking any remedial action against an alleged offending Region,
the Abatement Council shall first provide notice to the alleged offending
Region of the remedial action to be taken and the facts underlying such
remedial action. The Abatement Council shall then provide the alleged
12
offending Region an opportunity to challenge or dispute the remedial
action in accordance with, at a minimum, the principles below.
i. The alleged offending Region may request revisions or
modifications to the proposed remedial action,
The alleged offending Region may submit a written response to
and/or request a hearing before the Abatement Council, or a third -
party hearing officer,3 regarding the alleged offending conduct and
proposed remedial action; and
iii. After such written responses are submitted and reviewed and/or a
hearing is conducted, the alleged offending Region may submit an
appeal to the Abatement Council of the decision to take remedial
action.
d. Remedial actions taken by the Abatement Council, in accordance with the
due process principles detailed above, shall be considered final non"
appealable orders and offending Regions may not seek judicial relief from
remedial action taken by the Abatement Council, except as provided in
Section (H), below.
e. Subject to Section (H)(2), below, if any Party(ies) believes the Abatement
Council violated the terms of this MOU, such Party(ies) may seek to
enforce the terms of this MOU.
14. If the Abatement Council has reason to believe a Region's conduct, or the conduct
of any Participating Local Government or individual in that Region, amounts to a
violation of any criminal law, the Abatement Council shall refer such matters to the
appropriate authorities and may consider such conduct in its determination of any
remedial action to be taken.
15. If the Abatement Council has reason to believe that an individual involved in the
receipt or administration of Opioid Funds from the Regional Share has violated any
applicable ethics rules or codes, the Abatement Council shall not attempt to adjudicate
such a violation. In such instances, the Abatement Council shall lodge a complaint with
the appropriate forum for handling such ethical matters, such as a local home rule
municipality's ethics board.
16. Costs associated with the Abatement Council's distribution and oversight of the
Regional Share, as described above in this Section (F), including costs associated with
any remedial action by the Abatement Council, shall be paid from the Statewide
3 Only an alleged offending Region may request the appointment of a third -party hearing officer to review any
written responses and conduct any requested hearings. If an alleged offending Region makes such a request, the
Abatement Council has sole discretion to appoint the third -party hearing officer and the alleged offending Region
shall bear the cost of such review and/or hearing by the third -party hearing officer.
13
Infrastructure Share. The Abatement Council shall make all good faith efforts to limit
such costs to the greatest extent possible.
G. Statewide Infrastructure Share
1. In accordance with Sections B(1) and (B)(2)(d), and the terms of any Settlement,
the Statewide Infrastructure Share shall be paid to any Party or Regional Council
in accordance with this Section (G).
2. The purpose of the Statewide Infrastructure Share is to promote capital
improvements and provide operational assistance for developing or improving the
infrastructure necessary to abate the opioid crisis anywhere within the State of
Colorado. The Statewide Infrastructure Share is intended to supplement Opioid
Funds received by any Party or Region.
3. Prior to distributing any Opioid Funds from the Statewide Infrastructure Share,
the Abatement Council shall establish and publish policies and procedures for the
distribution and oversight of the Statewide Infrastructure Share, including
processes for Parties or Regions to apply for Opioid Funds from the Statewide
Infrastructure Share. The Abatement Council's policies and procedures shall, at a
minimum, reflect the following principles:
a. Opioid Funds from the Statewide Infrastructure Share shall be used for
Approved Purposes only;
b. Opioid Funds from the Statewide Infrastructure Share shall be paid
directly to the appropriate state agencies (including but not limited to the
Colorado Department of Law), Regional fiscal agents, or Participating
Local Governments only;
c. Distribution and oversight of the Statewide Infrastructure Share shall
comply with the terms of this MOU and any Settlement;
d. Appropriate processes for remedial action will be taken against Parties or
Regions that misuse Opioid Funds from the Statewide Infrastructure
Share. Such processes shall include procedures for alleged offending
Parties or Regions to challenge or dispute such remedial action; and
e. Limitations on administrative costs to be expended by recipients for
administering Opioid Funds received from the Statewide Infrastructure
Fund, not to exceed actual costs expended by the recipient or 10% of the
amount received, whichever is less.
4. The distribution and oversight policies and procedures developed by the
Abatement Council, in accordance with Section (G)(3), shall be non -appealable
orders and no Party or Region may seek judicial relief related to the distribution
and oversight of the Statewide Infrastructure Share.
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5. On an annual basis, as determined by the Abatement Council, any Party or
Regional Council that receives funds from the Statewide Infrastructure Share shall
provide all expenditure data, including administrative costs, related to any Opioid
Funds it received from the Statewide Infrastructure Share and subject itself to an
accounting as required by the Abatement Council. The Abatement Council shall
publish all expenditure data from the Statewide Infrastructure Share in accordance
with Section (C)(4)(c)(1). The Abatement Council may require the Parties or
Regional Councils that receive funds from the Statewide Infrastructure Share to
provide additional outcome related data in accordance with Section (C)(4)(c)(ii)
and the Parties or Regional Councils shall comply with such requirements.
6. Costs associated with the Abatement Council's distribution and oversight of the
Statewide Infrastructure Share, as described in this Section (G), shall be paid for
from the Statewide Infrastructure Share. The Abatement Council shall make all
good faith efforts to limit such costs to the greatest extent possible.
H. General Terms
1. All Parties and Regional Councils shall maintain all records related to the receipt
and expenditure of Opioid Funds for no less than five (5) years and shall make
such records available for review by the Abatement Council, any other Party or
Regional Council, or the public. Records requested by the public shall be
produced in accordance with Colorado's open records laws. Records requested by
the Abatement Council or another Party or a Regional Council shall be produced
within twenty-one (21) days of the date the record request was received. This
requirement does not supplant any Party or Regional Council's obligations under
Colorado's open records laws.
2. If any Party(ies) believes the Abatement Council has violated the terms of this
MOU, the alleging Party(ies) may seek to enforce the terms of this MOU,
provided the alleging Party(ies) first provides notice to the Abatement Council of
the alleged violation and a reasonable opportunity to cure the alleged violation. In
such an enforcement action, the alleging Party(ies) may only seek to enforce the
terms of the MOU against the State and the Participating Local Governments
from which the Local Government Members of the Abatement Council were
appointed and may only seek declaratory and/or injunctive relief. In defense of
such an enforcement action, the State's Members of the Abatement Council shall
be represented by the State and the Local Government Members shall be
represented by the Participating Local Governments from which the Local
Government Members were appointed. In the event of a conflict, the Abatement
Council and its Members may seek outside representation to defend itself against
such an enforcement action.
3. If any Party(ies) believes another Party(ies), not including the Abatement Council,
violated the terms of this MOU, the alleging Party(ies} may seek to enforce the
terms of this MOU in the court in which any applicable Settlement(s) was entered,
provided the alleging Party(ies) first provide the alleged offending Party(ies)
15
notice of the alleged violation(s) and a reasonable opportunity to cure the alleged
violation(s). In such an enforcement action, any alleging Party or alleged
offending Party(ies) may be represented by their respective public entity in
accordance with Colorado law.
4. Nothing in this MOU shall be interpreted to waive the right of any Party to seek
judicial relief for conduct occurring outside the scope of this MOU that violates
any Colorado law. In such an action, the alleged offending Party(ies), including
the Abatement Council, may be represented by their respective public entities in
accordance with Colorado law. In the event of a conflict, any Party, including the
Abatement Council and its Members, may seek outside representation to defend
itself against such an action.
5. If any Party(ies) believes another Party(ies), Region(s), or individuals} involved
in the receipt, distribution, or administration of Opioids Funds has violated any
applicable ethics codes or rules, a complaint shall be lodged with the appropriate
forum for handling such matters, such as a local home rule municipality's ethics
board.
6. If any Party(ies) believes another Party(ies), Region(s), or individuals) involved
in the receipt, distribution, or administration of Opioid Funds violated any
Colorado criminal law, such conduct shall be reported to the appropriate criminal
authorities.
7. Venue for any legal action related to this MOU shall be in a court of competent
jurisdiction where any applicable Settlement(s) is entered.
8. Because recovery under the terms of different Settlements) may vary depending
on the number of Parties required to effectuate a Settlement, the Parties may
conditionally agree to sign on to the MOU through a letter of intent, resolution or
similar written statement, declaration or pronouncement declaring their intent to
sign on to the MOU if the threshold for Party participation in a specific Settlement
is achieved.4
9. This MOU 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 Parties approve the use of electronic signatures for execution of this MOU.
All use of electronic signatures shall be governed by the Uniform Electronic
Transactions Act, C.R.S. §§ 24-71.3401, et seq. The Parties agree not to deny the
legal effect or enforceability of the MOU solely because it is in electronic form or
4 For instance, the July 21, 2021 "Distributor Settlement Agreement" includes a "Subdivision Settlement
Agreement Form" that, once filled out and executed, is meant to indicate that Local Government's (or
Subdivision's) election to participate in that Distributor Settlement and also, to require that Local Government to
take steps to formally release any claim it may have against the Settling Distributors. With regard to the
Distributor Settlement Agreement or any other Settlements that include a form similar to the Subdivision
Settlement Agreement Form, the Parties may still conditionally agree to sign on to the MOU if, for instance, the
threshold for Party participation in a specific Settlement is achieved.
16
because an electronic record was used in its formation. The Parties agree not to
object to the admissibility of the MOU 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.
10. Each party represents that all procedures necessary to authorize such Party's
execution of this MOU have been performed and that the person signing for such
Party has been authorized to execute the MOU.
I. Payment of Counsel and Litigation Expenses Through aBack-Stop Fund
1. Some Settlements, including the McKesson Corporation, Cardinal Health, Inc.,
and AmerisourceBergen Corporation ("Distributor") and Johnson &
Johnson/Janssen ("J&J") settlements, may provide for the payment of all or a
portion of the fees and litigation expenses owed by Participating Local
Governments to counsel specifically retained to file suit in the opioid litigation. If
any Settlement is insufficient to cover the fee obligations of the Participating
Local Governments (as discussed and modified by Judge Polster's Order of
August 6 regarding fees for the Distributor and J&J settlements), the deficiencies
will be covered as set forth in further detail below.
2. The Parties also recognize that, as in the Distributor and J&J settlements, certain
Opioid Settling Defendants may offer premiums benefiting the entire state of
Colorado when Participating Local Governments agree to the Settlement(s),
thereby settling their claims in their on -going lawsuits. For example, below is the
chart illustrating how Incentive Payment B (a 25% premium to the entire state)
works in the Distributor Settlement at Section IV.F.2.b (p. 20):
['crccntagr of litigating
Subdi1•ision Population
that is Incentive B
Eligible Subdivision
I'u ulation`
Incentive Payment B
Eligibility Percentage
Up to 85'�0
0° o
85°0'
30°0
86+
40`0
91 +
50'? 0
95+
6W
994 u-
95%
1000'0
1004u
the court in In Re: National Prescription Opiate Litigation, MDL No. 2804
(N.D. Ohio), or if a Settlement establishes a common benefit fund or similar
device to compensate attorneys for services rendered and expenses incurred that
have benefited plaintiffs generally in the litigation (the "Common Benefit Fund"),
17
and/or requires certain governmental plaintiffs to pay a share of their recoveries
from defendants into the Common Benefit Fund ("Court -Ordered Common
Benefit Fund Assessment"), then the Participating Local Governments shall be
required to first seek to have their attorneys' fees and expenses paid through the
Common Benefit Fund.
4. For the Distributor and J&J settlements only, counsel for Participating Local
Governments shall have their expenses otherwise recoverable from Colorado
Participating Local Governments compensated only through the Common Benefit
Fund(s) established in those settlement(s). For the avoidance of doubt, counsel for
Participating Local Governments may recover their attorneys' fees through the
Distributor and J&J settlements and through the other applicable provisions of
this Section (I).
5. In addition, as a means of covering any deficiencies in paying counsel for
Participating Local Governments, a supplemental Colorado Attorney Fee Back -
Stop Fund shall be established. The Colorado Attorney Fee Back -Stop Fund is to
be used to compensate counsel for Participating Local Governments that filed an
initial complaint in the opioid litigation by September 1, 2020 ("Litigating
Participating Local Governments").
fi. Payments out of the Colorado Attorney Fee Back -Stop Fund shall be determined
by a committee (the "Opioid Fee and Expense Committee"). The Opioid Fee and
Expense Committee shall consist of the following five (5) members:
a. One (1) member appointed by CCI from a litigating county or from a
litigating county and city municipal corporation;
b. One (1) member appointed by CML from a litigating city;
c. One (1) member appointed jointly by CCI and CML from anon -litigating
county or city;
d. One (1) member appointed by the Attorney General's Office; and
e. One (1) neutral member jointly appointed by all of the other members
listed above.
7. The Colorado Attorney Fee Back -Stop Fund shall be funded as follows from any
Settlement, excluding settlements involving McKinsey and payments resulting
from the Purdue or Mallinckrodt bankruptcy. For purposes only of calculating the
funding of the Colorado Attorney Fee Back -Stop Fund, the Parties deem 58% of
the total LG Share and Regional Share to be attributable to the Litigating Local
Governments. The Colorado Attorney Fee Back -Stop Fund shall be funded by
8.7% of the total LG Share and 4.35% of the total Regional Share at the time such
funds are actually received. No funds deposited into the Colorado Attorney Fee
Back -Stop Fund will be taken from the Statewide Infrastructure Share or State
Share.
8. Counsel for Litigating Participating Local Governments may apply to the
Colorado Attorney Fee Back -Stop Fund only after applying to the Common
Benefit Fund.
9. Counsel for Litigating Participating Local Governments may apply to the
Colorado Attorney Fee Back -Stop Fund for only a shortfall — that is, the
difference between what their fee agreements would entitle them to (as limited by
this Section (I)) minus what they have already collected from the Common
Benefit Fund (including both the "common benefit" and "contingency fee"
calculations, if any). If they receive fees/costs for common benefit work in the
national fee fund, these fees/costs will be allocated proportionately across all their
local government opioid clients based on the allocation model used in the
Negotiation Class website to allocate the appropriate portion to Colorado clients.
10. Counsel for Litigating Participating Local Governments are limited to being paid,
at most, and assuming adequate funds are available in any Common Benefit Fund
and Colorado Attorney Fee Back -Stop Fund, fees in an amount equal to 15% of
the LG Share and 7.5% of the Regional Share attributable to their Colorado
clients.
11. Any funds remaining in the Colorado Attorney Fee Back -Stop Fund in excess of
the amounts needed to cover the fees and litigation expenses owed by Litigating
Participating Local Governments to their respective counsel shall revert to the
Participating Local Governments according to the allocations described in
Sections (E) and (F). Every two years, the Opioid Fee and Expense Committee
shall assess the amount remaining in the Colorado Attorney Fee Back -Stop Fund
to determine if it is overfunded.
12. Despite the fact that a litigating entity bonus benefits the entire state, no portion of
the State Share shall be used to fund the Colorado Attorney Fee Back -Stop Fund
or in any other way to fund any Participating Local Government's attorneys' fees
and expenses. Because the state did not hire outside counsel, any funds for
attorneys fees that the state receives from the J&J and Distributor settlement will
be deposited into the State Share.
13. To participate in the Colorado Attorney Fee Back -Stop Fund, counsel must follow
the requirements of C.R.S. § 13-17-304.
19
This Colorado Opioids Settlement Memorandum of Understanding is signed
this 41 day of A6UqjU < �0,1 j by:
Colorado�Tt�ney General Philip J. Weiser
20
This Colorado Opioids Settlement Memorandum of Understanding is signed
this tlWay of
by:
Naive & Titlebb� g i nc� e,I QY, YYto. �.,1or
On behalf of
n 00
21
POTENTIAL OPIOID ABATEMENT APPROVED PURPOSES
I. TREATMENT
A. TREATMENT OF OPIOID USE DISORDER AND ITS EFFECTS
1. Expand availability of treatment, including Medication -Assisted Treatment
(MAT), for Opioid Use Disorder (OUD) and any co-occurring substance use or
mental health issues.
2. Supportive housing, all forms ofFDA-approved MAT, counseling, peer -support,
recovery case management and residential treatment with access to medications
for those who need it.
3. Treatment of mental health trauma issues that resulted from the traumatic
experiences of the opioid user (e.g., violence, sexual assault, human trafficking)
and for family members (e.g., surviving family members after an overdose or
overdose fatality).
4. Expand telehealth to increase access to OUD treatment, including MAT, as well
as counseling, psychiatric support, and other treatment and recovery support
services.
5. Fellowships for addiction medicine specialists for direct patient care, instructors,
and clinical research for treatments.
6. Scholarships for certified addiction counselors.
7. Clinicians to obtain training and a waiver under the federal Drug Addiction
Treatment Act to prescribe MAT for OUD.
8. Training for health care providers, students, and other supporting professionals,
such as peer recovery coaches/recovery outreach specialists, including but not
limited to training relating to MAT and harm reduction.
9. Dissemination of accredited web -based training curricula, such as the American
Academy of Addiction Psychiatry's Provider Clinical Support Service-Opioids
web -based training curriculum and motivational interviewing.
10. Development and dissemination of new accredited curricula, such as the
American Academy of Addiction Psychiatry's Provider Clinical Support Service
Medication -Assisted Treatment.
11. Development of a multistate/nationally accessible database whereby health care
providers can list currently available in -patient and out -patient OUD treatment
services that are accessible on a real-time basis.
EXHIBIT A
12. Support and reimburse services that include the full American Society of
Addiction Medicine (ASAM) continuum of care for OUD.
13. Improve oversight of Opioid Treatment Programs (OTPs) to assure evidence-
informedpractices such as adequate methadone dosing.
B. INTERVENTION
1. Ensure that health care providers are screening for OUD and other risk factors and
know how to appropriately counsel and treat (or refer, if necessary) a patient for
OUD treatment.
2. Fund Screening, Brief Intervention and Referral to Treatment (SBIRT) programs
to reduce the transition from use to disorder.
3. Training and long-term implementation of SBIRT in key systems (health, schools,
colleges, criminal justice, and probation), with a focus on the late adolescence and
young adulthood when transition from misuse to opioid disorder is most common.
4. Purchase automated versions of SBIRT and support ongoing costs of the
technology.
5. Training for emergency room personnel treating opioid overdose patients on post -
discharge planning, including community referrals for MAT, recovery case
management and/or support services.
6. Support work of Emergency Medical Systems, including peer support specialists,
to connect individuals to treatment or other appropriate services following an
opioid overdose or other opioid-related adverse event.
7. Create school -based contacts whom parents can engage to seek immediate
treatment services for their child.
8. Develop best practices on addressing OUD in the workplace.
9. Support assistance programs for health care providers with OUD.
10. Engage non -profits and faith community as a system to support outreach for
treatment.
C. CRIMINAL -JUSTICE -INVOLVED PERSONS
1. Address the needs of persons involved in the criminal justice system who have
OUD and any co-occurring substance use disorders or mental health (SUD/MH)
issues.
EXHIBIT A
2. Support pre -arrest diversion and deflection strategies for persons with OUD and
any co-occurring SUD/MH issues, including established strategies such as:
a. Self -referral strategies such as Angel Programs or the Police Assisted
Addiction Recovery Initiative (PAARI);
b. Active outreach strategies such as the Drug Abuse Response Team
(DART) model;
c. "Naloxone Plus" strategies, which work to ensure that individuals who
have received Naloxone to reverse the effects of an overdose are then
linked to treatment programs;
d. Officer prevention strategies, such as the Law Enforcement Assisted
Diversion (LEAD) model; or
e. Offcer intervention strategies such as the Leon County, Florida Adult
Civil Citation Network.
3. Support pre-trial services that connect individuals with OUD and any co-
occurring SUD/MH issues to evidence -informed treatment, including MAT, and
related services.
4. Support treatment and recovery courts for persons with OUD and any co-
occurring SUD/MH issues, but only if they provide referrals to evidence -informed
treatment, including MAT.
5. Provide evidence -informed treatment, including MAT, recovery support, harm
reduction, or other appropriate services to individuals with OUD and any co-
occui�ing SUD/MH issues who are incarcerated, on probation, or on parole.
6. Provide evidence -informed treatment, including MAT, recovery support, halm
reduction, or other appropriate re-entry services to individuals with OUD and any
co-occurring SUD/MH issues who are leaving jail or prison or who have recently
left jail or prison.
7. Support critical time interventions (CTI), particularly for individuals living with
dual -diagnosis OUD/serious mental illness, and services for individuals who face
immediate risks and service needs and risks upon release from correctional
settings.
D. WOMEN WHO ARE OR MAY BECOME PREGNANT
1. Evidence -informed treatment, including MAT, recovery, and prevention services
for pregnant women or women who could become pregnant and have OUD.
2. Training for obstetricians and other healthcare personnel that work with pregnant
women and their families regarding OUD treatment.
EXHIBIT A
3. Other measures to address Neonatal Abstinence Syndrome, including prevention,
care for addiction and education programs.
4. Child and family supports for parenting women with OUD.
5. Enhanced family supports and child care services for parents receiving treatment
for OUD.
E. PEOPLE IN TREATMENT AND RECOVERY
l . The full continuum of care of recovery services for OUD and any co-occurring
substance use or mental health issues, including supportive housing, residential
treatment, medical detox services, peer support services and counseling,
community navigators, case management, and connections to community -based
services.
2. Identifying successful recovery programs such as physician, pilot, and college
recovery programs, and providing support and technical assistance to increase the
number and capacity ofhigh-quality programs to help those in recovery.
3. Training and development of procedures for government staff to appropriately
interact and provide social and other services to current and recovering opioid
users, including reducing stigma.
4. Community -wide stigma reduction regarding treatment and support for persons
with OUD, including reducing the stigma on effective treatment.
5. Engaging non -profits and faith community as a system to support family members
in their efforts to help the opioid user in the family.
II. PREVENTION
F. PRESCRIBING PRACTICES
1. Training for health care providers regarding safe and responsible opioid
prescribing, dosing, and tapering patients off opioids.
2. Academic counter -detailing.
3. Continuing Medical Education (CME) on prescribing of opioids.
4. Support for non-opioid pain treatment alternatives, including training providers to
offer or refer to multi -modal, evidence -informed treatment of pain.
5. Fund development of a multistate/national prescription drltg monitoring program
(PDMP) that permits information sharing while providing appropriate safeguards
on sharing of private information, including but not limited to:
EXHIBIT A
a. Integration of PDMP data with electronic health records, overdose
episodes, and decision support tools for health care providers relating to
OUD.
b. Ensuring PDMPs incorporate available overdose/naloxone deployment
data, including the United States Department of Transportation's
Emergency Medical Technician overdose database.
6. Educating dispensers on appropriate opioid dispensing.
G. MISUSE OF OPIOIDS
l . Cor7•ective advertising/affirmative public education campaigns.
2. Public education relating to drug disposal.
3. Drug take -back disposal or destruction programs.
4. Fund community anti -drug coalitions that engage in drug -abuse prevention
efforts.
5. School -based programs that have demonstrated effectiveness in preventing drug
misuse and seem likely to be effective in preventing the uptake and use of
opioids.
6. Support community coalitions in implementing evidence -informed prevention,
such as reduced social access and physical access, stigma reduction —including
staffing, educational campaigns, or training of coalitions in evidence -informed
implementation.
7. School and community education programs and campaigns for students, families,
school employees, school athletic programs, parent -teacher and student
associations, and others.
8. Engaging non -profits and faith community as a system to support prevention.
H. OVERDOSE DEATHS AND OTHER HARMS
1. Increasing availability and distribution of naloxone and other drugs that treat
overdoses to first responders, overdose patients, opioid users, families and friends
of opioid users, schools, community navigators and outreach workers, drug
offenders upon release from jail/prison, and other members of the general public.
2. Training and education regarding naloxone and other drugs that treat overdoses
for first responders, overdose patients, patients taking opioids, families, schools,
and other members of the general public.
EXHIBIT A
3. Developing data tracking software and applications for overdoses/naloxone
revivals.
4. Public education relating to emergency responses to overdoses.
5. Free naloxone for anyone in the community.
6. Public education relating to immunity and Good Samaritan laws.
7. Educating first responders regarding the existence and operation of immunity and
Good Samaritan laws.
8. Syringe service programs, including supplies, staffing, space, peer support
services, and the full range of harm reduction and treatment services provided by
these programs.
9. Expand access to testing and treatment for infectious diseases such as HIV and
Hepatitis C resulting from intravenous opioid use.
III. ADDITIONAL AREAS
I. SERVICES FOR CHILDREN
1. Support for children's services: Fund additional positions and services, including
supportive housing and other residential services, relating to children being
removed from the home and/or placed in foster care due to custodial opioid use.
J. FIRST RESPONDERS
1. Law enforcement expenditures relating to the opioid epidemic.
2. Educating first responders regarding appropriate practices and precautions when
dealing with fentanyl or other drugs.
3. Increase electronic prescribing to prevent diversion and forgery.
K. COMMUNITY LEADERSHIP
1. Regional planning to identify goals for opioid reduction and support efforts or to
identify areas and populations with the greatest needs for treatment intervention
services.
2. Government dashboard to track key opioid-related indicators and supports as
identified through collaborative community processes.
EXHIBIT A
L. STAFFING AND TRAINING
1. Funding for programs and services regarding staff training and networking to
improve staff capability to abate the opioid crisis.
2. Support infrastructure and staffing for collaborative cross -systems coordination to
prevent opioid misuse, prevent overdoses, and treat those with OUD (e.g., health
care, primary care, pharmacies, PDMPs, etc.).
M. RESEARCH
l . Funding opioid abatement research.
2. Research improved service delivery for modalities such as SBIRT that
demonstrate promising but mixed results in populations vulnerable to OUD.
3. Support research for novel harm reduction and prevention efforts such as the
provision of fentanyl test strips.
4. Support for innovative supply-side enforcement efforts such as improved
detection of mail -based delivery of synthetic opioids.
5. Expanded research for swift/certain/fair models to reduce and deter opioid misuse
within criminal justice populations that build upon promising approaches used to
address other substances (e.g. Hawaii HOPE and Dakota 24/7).
6. Research expanded modalities such as prescription methadone that can expand
access to MAT.
N. OTHER
1. Administrative costs for any of the approved purposes on this list.
EXHIBIT A
Colorado Local Governments*
Adams County
Adams
County
.-
Arvada
Adams
City
2
counties
Aurora
Adams
City
3
counties
Bennett
Adams
City
2
counties
Brighton
Adams
City
2
counties
Commerce City
Adams
City
Federal Heights
Adams
City
Lochbuie
Adams
City
2
counties
Northglenn
Adams
City
2
counties
Thornton
Adams
City
2
counties
Westminster
Adams
City
2
counties
Alamosa County
Alamosa
County
Alamosa
Alamosa
City
Hooper
Alamosa
City
Arapahoe County
Arapahoe
County
Aurora
Arapahoe
City
3
counties
Bennett
Arapahoe
City
2
counties
Bow Mar
Arapahoe
City
2
counties
Centennial
Arapahoe
City
Cherry Hills Village
Arapahoe
City
Columbine Valley
Arapahoe
City
Deer Trail
Arapahoe
City
Englewood
Arapahoe
City
Foxfield
Arapahoe
City
Glendale
Arapahoe
City
Greenwood Village
Arapahoe
City
Littleton
Arapahoe
City
3
counties
Sheridan
Arapahoe
City
Archuleta County
Archuleta
County
Pagosa Springs
Archuleta
City
Baca County
Baca
County
Campo
Baca
City
Pritchett
Baca
City
Springfield
Baca
City
Two Buttes
Baca
City
Vilas
Baca
City
Walsh
Baca
City
Bent County
Bent
County
Las Animas
Bent
City
Boulder County
Boulder
County
Boulder
Boulder
City
Erie
Boulder
City
2
counties
Jamestown
Boulder
City
Lafayette
Boulder
City
EXHIBIT B
Colorado Local Governments*
Longmont
Boulder
.-
City
2 counties
Louisville
Boulder
City
Lyons
Boulder
City
Nederland
Boulder
City
Superior
Boulder
City
2 counties
Ward
Boulder
City
Broomfield
Broomfield
City/County
Chaffee County
Chaffee
County
Buena Vista
Chaffee
City
Poncha Springs
Chaffee
City
Salida
Chaffee
City
Cheyenne County
Cheyenne
County
Cheyenne Wells
Cheyenne
City
I<it Carson
Cheyenne
City
Clear Creek County
Clear Creel<
County
Central City
Clear Creel<
City
2 counties
Empire
Clear Creek
City
Georgetown
Clear Creek
City
Idaho Springs
Clear Creel<
City
Silver Plume
Clear Creel<
City
Conejos County
Conejos
County
Antonito
Conejos
City
La Jara
Conejos
City
Manassa
Conejos
City
Romeo
Conejos
City
Sanford
Conejos
City
Costilla County
Costilla
County
Blanca
Costilla
City
San Luis
Costilla
City
Crowley County
Crowley
County
Crowley
Crowley
City
Olney Springs
Crowley
City
Ordway
Crowley
City
Sugar City
Crowley
City
Custer County
Custer
County
Silver Cliff
Custer
City
Westcliffe
Custer
City
Delta County
Delta
County
Cedaredge
Delta
City
Crawford
Delta
City
Delta
Delta
City
Hotchkiss
Delta
City
Orchard City
Delta
City
Paonia
Delta
City
EXHIBIT B
Colorado Local Governments*
Denver
Denver
.-
City/County
Dolores County
Dolores
County
Dove Creel<
Dolores
City
Rico
Dolores
City
Douglas County
Douglas
County
Aurora
Douglas
City
3 counties
Castle Pines
Douglas
City
Castle Rocl<
Douglas
City
Larkspur
Douglas
City
Littleton
Douglas
City
3 counties
Lone Tree
Douglas
City
Parker
Douglas
City
Eagle County
Eagle
County
Avon
Eagle
City
Basalt
Eagle
City
2 counties
Eagle
Eagle
City
Gypsum
Eagle
City
Minturn
Eagle
City
Red Cliff
Eagle
City
Vail
Eagle
City
EI Paso County
EI Paso
County
Calhan
EI Paso
City
Colorado Springs
EI Paso
City
Fountain
EI Paso
City
Green Mountain Falls
EI Paso
City
2 counties
Manitou Springs
EI Paso
City
Monument
EI Paso
City
Palmer Lal<e
EI Paso
City
Ramah
EI Paso
City
Elbert County
Elbert
County
Elizabeth
Elbert
City
I<iowa
Elbert
City
Simla
Elbert
City
Fremont County
Fremont
County
Brookside
Fremont
City
Canon City
Fremont
City
Coal Creek
Fremont
City
Florence
Fremont
City
Rockvale
Fremont
City
Williamsburg
Fremont
City
Garfield County
Garfield
County
Carbondale
Garfield
City
Glenwood Springs
Garfield
City
New Castle
Garfield
City
3
EXHIBIT B
Colorado Local Governments*
Parachute
Garfield
.-
City
Rifle
Garfield
City
Silt
Garfield
City
Gilpin County
Gilpin
County
Black Hawk
Gilpin
City
Central City
Gilpin
City
2 counties
Grand County
Grand
County
Fraser
Grand
City
Granby
Grand
City
Grand Lake
Grand
City
Hot Sulphur Springs
Grand
City
I<remmling
Grand
City
Winter Park
Grand
City
Gunnison County
Gunnison
County
Crested Butte
Gunnison
City
Gunnison
Gunnison
City
Marble
Gunnison
City
Mount Crested Butte
Gunnison
City
Pitkin
Gunnison
City
Hinsdale County
Hinsdale
County
Lake City
Hinsdale
City
Huerfano County
Huerfano
County
La Veta
Huerfano
City
Walsenburg
Huerfano
City
Jackson County
Jackson
County
Walden
Jackson
City
Jefferson County
Jefferson
County
Arvada
Jefferson
City
2 counties
Bow Mar
Jefferson
City
2 counties
Edgewater
Jefferson
City
Golden
Jefferson
City
Lakeside
Jefferson
City
Lakewood
Jefferson
City
Littleton
Jefferson
City
3 counties
Morrison
Jefferson
City
Mountain View
Jefferson
City
Superior
Jefferson
City
2 counties
Westminster
Jefferson
City
2 counties
Wheat Ridge
Jefferson
City
Kiowa County
Kiowa
County
Eads
Kiowa
City
Haswell
Kiowa
City
Sheridan Lake
Kiowa
City
Kit Carson County
Kit Carson
County
EXHIBIT B
Colorado Local Governments*
Bethune
I<it Carson
.-
City
Burlington
I<it Carson
City
Flagler
I<it Carson
City
Seibert
I<it Carson
City
Stratton
I<it Carson
City
Vona
I<it Carson
City
La Plata County
La Plata
County
Bayfield
La Plata
City
Durango
La Plata
City
Ignacio
La Plata
City
Lake County
Lal<e
County
Leadville
Lake
City
Larimer County
Larimer
County
Berthoud
Larimer
City
2 counties
Estes Parl<
Larimer
City
Fort Collins
Larimer
City
Johnstown
Larimer
City
2 counties
Loveland
Larimer
City
Timnath
Larimer
City
2 counties
Wellington
Larimer
City
Windsor
Larimer
City
2 counties
Las Animas County
Las Animas
County
Aguilar
Las Animas
City
Branson
Las Animas
City
Col<edale
Las Animas
City
I<im
Las Animas
City
Starkville
Las Animas
City
Trinidad
Las Animas
City
Lincoln County
Lincoln
County
Arriba
Lincoln
City
Genoa
Lincoln
City
Hugo
Lincoln
City
Limon
Lincoln
City
Logan County
Logan
County
Crook
Logan
City
Fleming
Logan
City
Iliff
Logan
City
Merino
Logan
City
Peetz
Logan
City
Sterling
Logan
City
Mesa County
Mesa
County
Collbran
Mesa
City
De Beque
Mesa
City
Fruita
Mesa
City
�7
EXHIBIT B
Colorado Local Governments*
Grand Junction Mesa
City
Palisade
Mesa
City
Mineral County
Mineral
County
City of Creede
Mineral
City
Moffat County
Moffat
County
Craig
Moffat
City
Dinosaur
Moffat
City
Montezuma County
Montezuma
County
Cortez
Montezuma
City
Dolores
Montezuma
City
Mancos
Montezuma
City
Montrose County
Montrose
County
Montrose
Montrose
City
Naturita
Montrose
City
Nucla
Montrose
City
Olathe
Montrose
City
Morgan County
Morgan
County
Brush
Morgan
City
Fort Morgan
Morgan
City
Hillrose
Morgan
City
Log Lane Village
Morgan
City
Wiggins
Morgan
City
Otero County
Otero
County
Cheraw
Otero
City
Fowler
Otero
City
La Junta
Otero
City
Manzanola
Otero
City
Rocky Ford
Otero
City
Swink
Otero
City
Ouray County
Ouray
County
Ouray
Ouray
City
Ridgway
Ouray
City
Parlc County
Parl<
County
Alma
Parl<
City
Fairplay
Parl<
City
Phillips County
Phillips
County
Haxtun
Phillips
City
Holyoke
Phillips
City
Paoli
Phillips
City
Pitl<in County
Pitl<in
County
Aspen
Pitl<in
City
Basalt
Pitl<in
City
2 counties
Snowmass Village
Pitl<in
City
Prowers County
Prowers
County
EXHIBIT B
Colorado Local Governments*
Granada
Prowers
.-
City
Hartman
Prowers
City
Holly
Prowers
City
Lamar
Prowers
City
Wiley
Prowers
City
Pueblo County
Pueblo
County
Boone
Pueblo
City
Pueblo
Pueblo
City
Rye
Pueblo
City
Rio Blanco County
Rio Blanco
County
Meeker
Rio Blanco
City
Rangely
Rio Blanco
City
Rio Grande County
Rio Grande
County
Center
Rio Grande
City
2 counties
Del Norte
Rio Grande
City
Monte Vista
Rio Grande
City
South Forl<
Rio Grande
City
Routt County
Routt
County
Hayden
Routt
City
Oal< Creek
Routt
City
Steamboat Springs
Routt
City
Yampa
Routt
City
Saguache County
Saguache
County
Bonanza
Saguache
City
Center
Saguache
City
2 counties
Crestone
Saguache
City
Moffat
Saguache
City
Saguache
Saguache
City
San Juan County
San Juan
County
Silverton
San Juan
City
San Miguel County
San Miguel
County
Mountain Village
San Miguel
City
Norwood
San Miguel
City
Ophir
San Miguel
City
Sawpit
San Miguel
City
Telluride
San Miguel
City
Sedgwick County
Sedgwick
County
Julesburg
Sedgwick
City
Ovid
Sedgwick
City
Sedgwick
Sedgwick
City
Summit County
Summit
County
Blue River
Summit
City
Breckenridge
Summit
City
Dillon
Summit
City
7
EXHIBIT B
Colorado Local Governments*
Frisco
Summit
City
Montezuma
Summit
City
Silverthorne
Summit
City
Teller County
Teller
County
Cripple Creel<
Teller
City
Green Mountain Falls
Teller
City
2
counties
Victor
Teller
City
Woodland Parl<
Teller
City
Washington County
Washington
County
AI<ron
Washington
City
Otis
Washington
City
Weld County
Weld
County
Ault
Weld
City
Berthoud
Weld
City
2
counties
Brighton
Weld
City
2
counties
Dacono
Weld
City
Eaton
Weld
City
Erie
Weld
City
2
counties
Evans
Weld
City
Firestone
Weld
City
Fort Lupton
Weld
City
Frederick
Weld
City
Garden City
Weld
City
Gilcrest
Weld
City
Greeley
Weld
City
Grover
Weld
City
Hudson
Weld
City
Johnstown
Weld
City
2
counties
I<eenesburg
Weld
City
Kersey
Weld
City
La Salle
Weld
City
Lochbuie
Weld
City
2
counties
Longmont
Weld
City
2
counties
Mead
Weld
City
Milliken
Weld
City
Northglenn
Weld
City
2
counties
Nunn
Weld
City
Pierce
Weld
City
Platteville
Weld
City
Raymer (New Raymer)
Weld
City
Severance
Weld
City
Thornton
Weld
City
2
counties
Timnath
Weld
City
2
counties
Windsor
Weld
City
2
counties
S
EXHIBIT B
Colorado Local Governments*
*This list includes all 64 Colorado counties and all 271 municipalities listed in the 2019 Census. Cities located
in multiple counties are listed under each corresponding county subheading. City and County of Denver and
City and County of Broomfield are counted in both the city and county totals. The City of Carbonate is not
included in this list, as there was no population in the 2019 Census data.
This list will be reconciled as necessary to be consistent with the terms of Settlements) with Opioid Settling
Defendants)
EXHIBIT B
Exhibit tan
W
ow
L
0
ymm
rm
CA
i
0
0
0
ixII
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tn
to
i C
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O
Exhibit D
Exhibit D - Allocations to Colorado County Areas
Adams
9.4247%
Alamosa
0.5081%
Arapahoe
10.8071%
Archuleta
0.1370%
Baca
0.0592%
Bent
0.1133%
Boulder
5.7936%
Broomfield
1.0014%
Chaffee
0.3604%
Cheyenne
0.0159
Clear Creek
0.1380%
Conejos
0.2108%
Costilla
0.0552%
Crowley
0.0934%
Custer
0.0412%
Delta
0.5440%
Denver
15.0042
Dolores
0.0352%
Douglas
3.6696%
Eagle
0.6187%
EI Paso
11.9897%
Elbert
0.2804%
Fremont
0.9937%
Garfield
0.8376%
Gilpin
0.0561%
Grand
0.2037%
Gunnison
0.1913%
Hinsdale
0.0112%
Huerfano
0.2505%
Jackson
0.0310%
Jefferson
10.5173
I<iowa
0.0142%
I<it Carson
0.0940%
La Plata
0.8127%
Lake
0.0990%
Larimer
6.5211%
Las Animas
0.6304%
Lincoln
0.0819%
Logan
0.3815%
Mesa
2.8911%
Mineral
0.0039%
Moffat
0.2326%
Montezuma
0.4429%
Page 1
EXHIBIT D
Montrose
0.5695
Morgan
0.4677%
Otero
0.4486
Ouray
0.0535
Parl<
0.1674%
Phillips
0.0714%
Pitkin
0.1747%
Prowers
0.1727%
Pueblo
5.6757%
Rio Blanco
0.1013%
Rio Grande
0.2526%
Routt
0.3837%
Saguache
0.0666%
San Juan
0.0097%
San Miguel
0.1005%
Sedgwick
0.0618%
Summit
0.3761%
Teller
0.6219%
Washington
0.0357%
Weld
3.8908%
Yuma
0.0992%
TOTAL
100.0000
Page 2
13:1a1: �r7
Exhibit E
Exhibit E - Intracounty Allocations1,z
The below chart depicts the default percentage that each Local Government will receive from the LG
Share amount attributed to its County Area, as described in Section (E)(3) of the MOU. The chart
assumes full participation by all Local Governments
Adams County
_.
68.3372%
Arvada (2 Counties)
0.2632%
Aurora (3 Counties)
4.6336%
Bennett (2 Counties)
0.1670%
Brighton (2 Counties)
1.4527%
Commerce City
4.7314%
Federal Heights
1.1457%
Lochbuie (2 Counties)
0.0001%
Northglenn (2 Counties)
2.0913%
Thornton (2 Counties)
10.6435%
Westminster (2 Counties)
6.5342%
Alamosa County
85.3075%
Alamosa
14.6818%
Hooper
0.0108%
Arapahoe County
42.7003%
Aurora (3 Counties)
35.5997%
Bennett (2 Counties)
0.0324%
Bow Mar (2 Counties)
0.0159%
Centennial
0.4411%
Cherry Hills Village
0.6685%
Columbine Valley
0.1601%
Deer Trail
0.0003%
Englewood
5.5850%
Foxfield
0.0372%
Glendale
1.2289%
Greenwood Village
2.8305%
Littleton (3 Counties)
Sheridan
2.1347%
Archuleta County
90.0864%
Pagosa Springs
9.9136%
Baca County
85.9800%
Campo
2.4443
Pritchett
1.5680%
Springfield
7.0100%
Page 1 EXHIBIT E
Bent County
80.9608%
Las Animas
19.0392%
Boulder County
47.6311%
Boulder
31.7629%
'.Erie (2 Counties)
0.3634%
Jamestown
0.0086%
Lafayette
3.3203
Longmont (2 Counties)
14.6833%
Louisville
1.4455%
Lyons
0.5916%
Nederland
0.1646%
Superior (2 Counties)
0.0258%
Ward
0.0030%
Broomfield County/City 100.0000%
Chaffee County
74.8440%
Buena Vista
5.8841%
Poncha Springs
4.2369%
Salida
15.0350%
Cheyenne County
66.8002%
Cheyenne Wells
0.8586%
I<it Carson
32.3412%
Clear Creel< County
92.2164%
Central City (2 Counties)
0.0000%
Empire
0.3364%
Georgetown
1.9063
Idaho Springs
4.7625%
Silver Plume
0.7784%
Conejos County
77.1204%
Antonito
4.6338%
La Jara
2.4313%
Manassa
1.0062%
Romeo
2.4270%
Sanford
12.3812%
Page 2 EXHIBIT E
Costilla County
97.3454%
Blanca
1.2036%
San Luis
1.4509%
Crowley County
80.7081%
Crowley
4.3597%
Olney Springs
8.3683%
Ordway
0.1853%
Sugar City
6.3786%
Custer County
96.6858%
Silver Cliff
0.7954%
Westcliffe
2.5188%
Delta County
76.3512%
Cedaredge
3.6221%
Crawford
0.4938%
Delta
16.2658%
Hotchkiss
1.0963%
Orchard City
0.1473%
Paonia
2.0236%
Denver County/City 100.0000%
Dolores County
76.3307%
Dove Creek
17.3127%
Rico
6.3566%
Douglas County
71.8404%
Aurora (3 Counties)
0.2099%
Castle Pines
0.2007%
Castle Rock
13.5204%
Larkspur
0.0856%
Littleton (3 Counties)
0.015b%
Lone Tree
5.2786%
Parker
8.8487%
Eagle County
60.8236%
Avon
7.6631
Basalt (2 Counties)
Eagle
2.2311%
3.1376%
Gypsum
1.7469%
Minturn
0.7771%
Page 3 EXHIBIT E
EI Paso County
18.4181%
Calhan
0.0228%
Colorado Springs
80.1161%
Fountain
0.9892%
Green Mountain Falls (2 Counties)
0.0149%
Manitou Springs
0.2411%
Monument
0.1492%
Palmer Lal<e
0.0455%
Ramah
0.0033
Elbert County
86.5840%
Elizabeth
10.2633%
I<iowa
1.5455%
Simla
1.6072%
Fremont County
60.7882%
Brookside
0.0348%
Canon City
30.9017%
Coal Creek
0.0476%
Florence
8.0681%
Rockvale
0.0687%
Williamsburg
0.0907%
Garfield County
76.3371%
Carbondale
2.4698%
Glenwood Springs
11.8141%
New Castle
1.4295%
Parachute
1.0653%
Rifle
5.2733%
Silt
1.6110%
Gilpin County
46.8613%
Black Hawl<
46.3909%
Central City (2 Counties)
6.7478%
Grand County
80.1046%
Fraser
2.4903%
Granby
5.4008
Grand Lal<e
0.3174%
Hot Sulphur Springs
0.1431%
I<remmling
2.9284%
Page 4 EXHIBIT E
Gunnison County
88.9185%
Crested Butte
2.3562%
Gunnison
5.9501%
Marble
0.1714%
Mount Crested Butte
2.5657%
Pitkin
0.0381%
Hinsdale
County
76.0940%
Lal<e
City
23.9060%
Huerfano County
68.2709%
La Veta
11.0719%
Walsenburg
20.6572%
Jackson County
61.5339%
Walden
38.4661%
Jefferson County
58.2140%
Arvada (2 Counties)
11.9733%
Bow Mar (2 Counties)
0.0087%
Edgewater
0.6604%
Golden
3.4815%
Lakeside
0.0030%
Lakewood
15.9399%
Littleton (3 Counties)
0.6176%
Morrison
0.2205%
Mountain View
0.1344%
Superior (2 Counties)
0.0000%
Westminster (2 Counties)
5.4779%
Wheat Ridge
3.2689%
I<iowa County
93.2138%
Eads
5.3777%
Haswell
0.6402%
Sheridan Lake
0.7682%
I<it Carson County
86.3178%
Bethune
0.1841%
Burlington
12.0640%
Flagler
0.4264%
Seibert
0.0291%
Stratton
0.9012%
Page 5 EXHIBIT E
La Plata County
66.8874%
Bayfield
1.6292%
Durango
29.2985%
Ignacio
2.1849%
Lal<e County
73.4523%
Leadville
26.5477%
Larimer County
56.0589%
Berthoud (2 Counties)
0.4139%
Estes Park
0.3502%
Fort Collins
18.5702%
Johnstown (2 Counties)
0.0711%
Loveland
23.4493%
Timnath (2 Counties)
0.2964%
Wellington
0.3653%
Windsor (2 Counties)
0.4248%
Las Animas County
77.8076%
Aguilar
0.0751%
Branson
0.0101%
Col<edale
0.0188%
I<i m
0.0101
Starkville
0.0087%
Trinidad
22.0696%
Lincoln County
91.3222%
Arriba
0.3444%
Genoa
0.2222%
Hugo
1.4778%
Limon
6.6333%
Logan County
72.7982%
Crook
0.0931%
Fleming
0.3413%
Iliff
0.0095%
Merino
0.4702%
Peetz
0.2029%
Sterling
26.0848%
Mesa County
60.8549%
Collbran
0.0920%
Page 6 EXHIBIT E
Mineral
County
87.6744%
City of
Creede
12.3256%
Moffat County
91.7981%
Craig
8.1862%
Dinosaur
0.0157%
Montezuma County
79.6682%
Cortez
18.6459%
Dolores
0.6106%
Mancos
1.0753%
Montrose County
92.8648%
Montrose
6.5980%
Naturita
0.1551%
Nucla
0.0703%
Olathe
0.3118%
Morgan County
61.6991%
Brush
8.5522%
Fort Morgan
27.8214%
Hillrose
0.1986%
Log Lane Village
0.6424%
Wiggins
1.0863%
Otero County
60.8168%
Cheraw
0.1888%
Fowler
1.0413%
La Junta
25.9225%
Manzanola
0.6983%
Rocky Ford
8.8215%
Swink
2.5109%
Ouray County
76.0810%
Ouray
17.6541%
Ridgway
6.2649
Parl< County
96.3983%
Alma
0.7780%
Page 7 EXHIBIT E
Phillips County
52.3463%
Haxtun
13.9505%
Holyoke
33.1803%
Paoli
0.5228%
Pitl<in County
47.1379%
Aspen
42.0707%
Basalt (2 Counties)
1.1156%
Snowmass Village
9.6757%
Prowers County
70,4524%
Granada
0.9965%
Hartman
0.3164%
Holly
4.9826%
Lamar
21.5860%
Wiley
1.6661%
Pueblo County
54.6622%
Boone
0.0019%
Pueblo
45.3350%
Rye
0.0008
Rio Blanco County
78.2831%
Meeker
9.1326%
Rangely
12.5843%
Rio Grande County
68.0724%
Center (2 Counties)
0.7713%
Del Norte
6.7762%
Monte Vista
20.4513%
South Forl<
3.9288%
Routt County
58.5353%
Hayden
1.0679%
Oak Creek
0.6360%
Steamboat Springs
39.4499%
Yampa
0.3109%
Saguache County
92.8796%
Bonanza
0.1367%
Center (2 Counties)
6.3687%
Crestone
0.0137%
Page 8 EXHIBIT E
San Juan County
87.0423%
Si Iverto n
12.9577
San Miguel County
48.7493%
Mountain Village
25.7930%
Norwood
0.4078%
Ophir
0.0816%
Sawpit
0.0272
Telluride
24.9411%
Sedgwicl< County
98.7331%
Julesburg
0.3830%
Ovid
0.0295
Sedgwicl<
0.8544%
Summit County
57.0567%
Blue River
0.5011%
Breckenridge
26.1112%
Dillon
4.1421%
Frisco
6.5096%
Montezuma
0.0169%
Silverthorne
5.6623%
Teller County
66.1557%
Cripple Creek
17.2992%
Green Mountain Falls (2 Counties)
0.0322%
Victor
3.1685%
Woodland Parl<
13.3445%
Washington County
99.1320%
Akron
0.7659
Otis
0.1021%
Weld County
51.9387%
Ault
0.3202%
Berthoud (2 Counties)
0.0061%
Brighton (2 Counties)
0.0927%
Dacono
0.6104%
Eaton
0.4573%
'Erie (2 Counties)
0.8591%
Evans
4.5121%
Page 9 EXHIBIT E
1.4648
Firestone
Fort Lupton
0.8502%
Frederick
1.2228%
Garden City
0.1514%
Gilcrest
0.1580%
Greeley
30.6922
Grover
0.0852%
Hudson
0.0066%
Johnstown (2 Counties)
1.5416%
I<eenesburg
0.0215%
Kersey
0.1378%
La Salle
0.4128%
Lochbuie (2 Counties)
0.4004%
Longmont (2 Counties)
0.0941%
Mead
Milliken
1.5373%
Northglenn (2 Counties)
0.0030%
Nunn
0.2558%
Pierce
0.0948%
Platteville
0.3712%
Raymer (New Raymer)
0.0597%
Severance
0.0403%
Thornton (2 Counties)
0.0000%
--
Timnath (2 Cou:nties) _
— - -
O�r�06'�%
Windsor (2 Counties)
1.5865%
Yuma County
75.5598%
Eckley
2.5422%
Wray
10.2148%
Yuma
11.6832%
1These allocations are based on the allocation model used in the Negotiation Class website. The allocation model is the product of prolonged and intensive
research, analysis, and discussion by and among members of the court -appointed Plaintiffs' Executive Committee and Settlement Committee and their
retained public health and health economics experts, as well as a series of meetings with scores of cities, counties and subdivisions. Additional information
about the allocation model is available on the Negotiation Class website.
The allocations in the Negotiation Class website use two different methodologies:
County -Level Allocation
The allocation model uses three factors, based on reliable, detailed, and objective data collected and reported by the federal government, to determine the
share of a settlement fund that each county will receive. The three factors are: (1) the amount of opioids shipped to the county, (2) the number of opioid
deaths in that county, and (3) the number of people who suffer opioid use disorder in that county.
County/Municipal-Level Allocation
The county/municipal-level allocation is a default allocation to be used if another agreement is not reached between the county and its constituent cities.
The formula uses U.S. Census Bureau data on local government spending. This data covers cities and counties for 98% of the U.S. population. If a jurisdiction
lacked this data, it was extrapolated based on available data.
zThe municipalities of Bow Mar, Johnstown, and Timnath were not reflected as being in multiple counties in the Negotiation Class website. The estimated
allocations to those cities are based on the same methodology used in the website, in consultation with the expert. For cities in multiple counties, please
see each county in which that city lies.
Page 10 EXHIBIT E
Exhibit r
Regional Allocations
1
Northwest
0.9522%
2
Larimer
6.5211%
•
.. .,
1. .
4
Logan
1.5896%
5
North Central
2.1061%
6
Boulder
5.7936%
--
- �:el
�..
•. � •.
10
Jefferson --
'
_10.7114%.`
11
- .enver
�
..•.'�
13
Mesa
2.8�11%
� �
� ��,� -
15
Central
1.5627%
16
EI Paso/Teller
12.6116%
17
Southwest Corner
1.4375%
�.
•
•
� :�•.
Tota I
100.0000%
EXHIBIT F
Exhibit U
Regional Governance Models
A. Membership Structure
Single -County Re ig ons
1. Voting Members (Recommended List: Participating Local Governments to Decide)
• 1 or 2 representatives appointed by the county (can be commissioners)
• 1 representative appointed from the public health department
• 1 representative from the county human services department
• 1 representative appointed from law enforcement within region (sheriff, police,
local city or town district attorney, etc.)
• 1 representative appointed from a municipal or county court system within region
• 1-3 representatives (total) appointed by the cities within the county (or other city
or cities agreed upon) (can be councilmembers and mayors)
• Such other representatives as participating counties/cities agree on (not to include
providers who may be recipients of funds)
2. Non -Voting Members (Optional but strongly encouraged)
• Representatives from behavioral health providers
• Representatives from health care providers
• Recovery/treatment experts
• Other county or city representatives
• A representative from the Attorney General's Office
• Community representative(s), preferably those with lived experience with the
opioid crisis
• Harm reduction experts
Multi-Count�Re ions
1. Voting Members (Recommended List: Participating Local Governments to Decide)
• 1 representative appointed by each county (can be commissioners)
• 1 representative appointed by a rotating city within each county (or other city
agreed upon) (can be councilmembers and mayors)
• 1 representative from each public health department within the region
• 1 representative from a county human services department
• At least 1 representative appointed fiom law enforcement within region (sheriff,
police, local city or town district attorney, etc.)
• 1 representative from a municipal or county court system within region
• Such other representatives as participating counties/cities agree on (not to include
providers who may be recipients of funds)
2. Non -Voting Members (Optional)
• Representatives from behavioral health providers
EXHIBIT G
• Representatives from health care providers
• Recovery/treatment experts
• Other county or city representatives
• A representative from the Attorney General's Office
• Community representative(s), preferably those with lived experience with the
opioid crisis.
• Harm reduction experts
Single-Count�Sin lg e-City Regions (Denver &Broomfield)
1. Voting Members (Recommended List: Participating Local Government to Decide)1
• 1 representative appointed by the city and county
• 1 representative appointed from the public health department
• 1 representative from the county human services department
• 1 representative appointed from law enforcement within region (sheriff, police,
district attorney, etc.)
• 1 representative appointed from a municipal or county court system within region
• Such other representatives as participating counties/cities agree on (not to include
providers who may be recipients of funds)
2. Non -Voting Members (Optional)
• Representatives from behavioral health providers
• Representatives from health care providers
• Recovery/treatment experts
• Other county or city representatives
• A representative from the Attorney General's Office
• Community representative(s), preferably those with lived experience with the
opioid crisis.
• Harm reduction experts
B. Member Terms
• Regions may establish terms of appointment for members. Appointment terms
may be staggered.
C. Procedures
• Regions will be governed by an intergovernmental agreement ("IGA") or
memorandum of understanding ("MOU").
• Regions may adopt the Model Colorado Regional Opioid Intergovernmental
Agreement, attached here as Exhibit G-1, in its entirety or alter or amend it as
they deem appropriate.
1 In Denver, the Mayor shall make voting member appointments to the Regional Council. In Broomfield, the City
and County Manager shall make voting member appointments to the Regional Council.
EXHIBIT G
• Regions may establish their own procedures through adoption of bylaws (model
bylaws to be made available).
• Meetings of regional board/committee shall be open to the public and comply
with the Colorado Open Meetings Law (including requirement to keep minutes).
D. Financial Responsibility/Controls
• A local government entity shall nominate and designate a fiscal agent for the
Region.
• A Regional fiscal agent must be appointed by the Regional Council on an annual
basis. 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. However, the
Regional fiscal agent also can change over time.
• Regional fiscal agents must be a board of county commissioners or a city or town
council or executive department, such as a department of finance.
• Yearly reporting by fiscal agent (using standard form) to the Abatement Council.
• All documents subject to CORA.
E. Conflicts of Interest
• Voting members shall abide by the conflict -of -interest rules applicable to local
government officials under state law.
F. Ethics Laws
• Voting members shall abide by applicable state or local ethics laws, as
appropriate.
G. Authority
• The Regional Council for each region shall have authority to decide how funds
allocated to the region shall be distributed in accordance with the Colorado MOU
and shall direct the fiscal agent accordingly.
• Any necessary contracts will be entered into by the fiscal agent, subject to
approval by the Regional Council.
H. Legal Status
• The region shall not be considered a separate legal entity, unless the Participating
Local Governments decide, through an IGA, to create a separate governmental
entity.
EXHIBIT G
Exhibit G-1
MODEL COLORADO REGIONAL OPIOID
INTERGOVERNMENTAL AGREEMENT
THIS MODEL COLORADO REGIONAL OPIOID INTERGOVERNMENTAL AGREEMENT (the "Regional
Agreement") is made between
Colorado MOU, in the
Participating Local Government in the
a Participating Local Government, as defined in the
Region ("
"Regional PLG" and collectively the "Regional PLGs.""
Region, (",
RECITALS
") and
"), individually herein a
WHEREAS, the State of Colorado and Participating Local Governments executed the Colorado
Opioids Summary Memorandum of Understanding on 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 MOU3;
WHEREAS, all Opioid Funds, regardless of allocation, shall be used for Approved Purposes;
WHEREAS, Participating Local Governments shall organize themselves into Regions, as further
depicted in Exhibit E to the Colorado MOU;
2 This Model Regional Agreement is meant to serve as an example for the various Regions and to facilitate the
flow of Opioid Funds to their intended purposes. Regions are free to adopt this Regional Agreement in its entirety
or alter or amend it as they deem appropriate.
s When drafting agreements like this Regional Agreement, Regional PLGs should be conscious of the definitions
used therein so as not to confuse such definitions with those used in the Colorado MOU. The Definitions in the
Colorado MOU shall supersede any definitions used by Regional PLGs in a Regional Agreement.
EXHIBIT G-1
WHEREAS, Regions may consist ofSingle-County Regions, Multi -County Regions, or Single County -
Single City Regions (Denver and Broomfield).
Share;
WHEREAS, there shall be a 60% direct allocation of Opioid Funds to Regions through a Regional
WHEREAS, each Region shall be eligible to receive a Regional Share according to Exhibit C 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;
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 atwo-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;
EXHIBIT G-1
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 MOU4. 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.
2. OBLIGATIONS OF THE REGIONAL PLGS. The Regional PLGs shall perform their respective
obligations asset 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, 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 of aMulti-County or Single County Region shall
consist of the following:
a See FN 2, supra.
a. Multi -County Region:
(i) Voting Members. Voting Members shall be appointed by the
Regional PLGs. The Regional PLGS shall collaborate to appoint
Regional Council members and to the extent practicable, Voting
Members shall be selected from different counties and cities. No
single county or city should dominate the make-up of the Regional
Council. Voting Members shall be selected as follows:
(1) 1 representative appointed by each county (can be
commissioners).
(2) 1 representative appointed from a rotating city within each
county (or other city agreed upon) (can be councilmembers
and mayors). A rotating city member shall be selected by
majority vote of the cities within each county who do not
have a Voting Member currently sitting on the Regional
EXHIBIT G-1
Council.
(3) 1 representative from each public health department within
the region.
(4) 1 representative from a county human services department.
(5) At least 1 representative appointed from law enforcement
within the region (sheriff, police, local city or town district
attorney, etc.).
(6) 1 representative from a municipal or county court system
within the region.
b. Single -County Region:
(i) Voting Members. Voting Members shall be appointed by the
Regional PLGs. The Regional PLGs shall collaborate to appoint
Regional Council members and to the extent practicable, Voting
Members shall be selected fiom different cities within the region.
No single city should dominate the make-up of the Regional
Council. Voting Members shall be selected as follows:
(1) 1 or 2 representatives appointed by the county (can be
commissioners)
(2) 1 representative appointed from the public health
department
(3) 1 representative from the county human services
department
(4) l representative appointed from law enforcement within
region (sheriff, police, local city or town district attorney,
etc.)
(5) 1 representative appointed from a municipal or county
court system within region
(6) 1-3 representatives (total) appointed by rotating cities
within the county (or other city or cities agreed upon) (can
be councilmembers and mayors). Rotating city members
shall be selected by majority vote of the cities who do not
have a Voting Member currently sitting on the Regional
Council.
(7) Such other representatives as participating countieslcities
agree on (not to include providers who may be recipients of
EXHIBIT G-1
funds)
c. Non -Voting Members. For both Multi -County and Single County
Regions, Non -Voting Members are optional but are strongly encouraged.
Non -voting members shall serve in an advisory capacity. Any Non -Voting
Members shall be appointed by the Regional PLGs and may be comprised
of all or some of the following, not to include potential recipients of funds:
(i) Representatives from behavioral health providers.
(ii) Representatives from health care providers.
(iii) Recovery/treatment experts.
(iv) Other county or city representatives.
(v) A representative from the Attorney General's Office.
(vi) Community representative(s), preferably those with lived
experience with the opioid crisis.
(vii) Harm reduction experts.
d. Acting Chair: The Voting Members for both Multi -County and Single -
County Regions shall appoint one member to serve as Acting Chair of the
Regional Council. The Acting 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
Acting Chair must be either a Member from a county within a Region,
such as a county commissioner or their designee, or a Member from a city
or town within a Region, such as a mayor or city or town council member
or their designee.
e. 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.
£ Terms: The Regional Council shall be established within ninety (90)
days of the first Settlement being entered by a court of competent
jurisdiction, including any banlu-uptcy court. In order to do so, within sixty
(60) days of the first Settlement being entered, CCI and CML shall jointly
recommend six (6) Voting Members, and so long as such
recommendations comply with the terms of Section 3.2 (a) or (b), the
Regional Council shall consist of CCl/CML's recommended Members for
EXHIBIT G-1
an initial term not to exceed one years Thereafter, Voting Members shall
be appointed in accordance with Section 3.2 (a) or (b) and shall serve two-
year terms. Following the expiration of that two-year term, the Regional
PLGs, working in concert, shall reappoint that Voting Member, or appoint
a new Voting Member according to Section 3.2 (a) or (b).
(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 (a) or (b) to serve the remainder of the
term. If the Regional PLGs are unable to fill a Voting Member
vacancy within sixty (60) days, the existing Voting Members of the
Regional Council at the time of the vacancy shall work collectively
to appoint a replacement Voting Member in accordance with
Section 3.2 (a) or (b). At the end of his or her term, the individual
serving as that replacement Voting Member may be reappointed by
the Regional PLGs to serve a full term consistent with this Section.
(ii) The purpose of the two-year term is to allow Regional PLGs an
increased opportunity to serve on the Regional Council. However,
Regional Council members who have already served on the
Regional Council maybe appointed more than once and may serve
consecutive terms if appointed to do so by the Regional Council.
3.3. Duties: The Regional Council is primarily responsible for engaging with the Abatement
Council on behalf of its Region and following the procedures outlined in the Colorado MOU for
requesting 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.
3.4. Governance: A Regional Council may establish its own procedures through adoption of
bylaws if needed. Any governing documents must be consistent with the other provisions in this
section and the Colorado MOU.
3.5. Authority: The terms of the Colorado MOU control the authority of a Regional Council
and a Regional Council shall not stray outside the bounds of the authority and power vested by
the Colorado MOU. Should a Regional Council require legal assistance in determining its authority,
s Local Governments within Multi -County or Single County Regions may decide to select initial Voting Members of
the Regional Council between themselves and without CCI and CML involvement. However, the Regional Council
must be established within ninety (90) days of the first Settlement being entered by a court of competent
jurisdiction, including any bankruptcy court.
EXHIBIT G-1
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.
3.6. Collaboration: The Regional Council shall facilitate collaboration between the State,
Participating Local Governments within its Region, 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.
3.7. 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.
3.8. Conflicts of Interest: Voting Members shall abide by the conflict -of -interest rules
applicable to local government officials under state law.
3.9. Ethics Laws: Voting Members shall abide by their local ethics laws or, if no such ethics
laws exist, by applicable state ethics laws.
3.10. 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 Members.
4. REGIONAL FISCAL AGENT
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 Regional Council shall nominate and designate a fiscal agent for the
Region by majority vote. Regional fiscal agents must be a board of county commissioners or a city
or town council or executive department, such as a department of finance.
4.3. Term: A Regional fiscal agent must be appointed by the Regional Council on an annual
basis. 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.
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
EXHIBIT G-1
5.
6.
Abatement Council 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.
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 fiscal agent serves at the direction of the Regional Council and in service
to the entire Region. The terms of the Colorado MOU control the authority of a Regional Council,
and by extension, the Regional fiscal agent. A Regional fiscal agent shall not stray outside the
bounds of the authority and power vested by the Colorado MOU.
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
l�ill:��".tt
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 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.
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 Non -Voting Members
to the Regional Council, that Regional PLG shall inform the Acting Chair of its dispute at the earliest
EXHIBIT G-1
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 Acting 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 Acting Chair serving as the tie-
breaker, 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.
7. DISPUTES WITH ABATEMENT COUNCIL. If the Regional Council disputes the amount of Opioid Funds
9.
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.
RECORDKEEPING. The acting Regional fiscal agent shall be responsible for maintaining records
consistent with the Regional Agreement.
AUTHORIZED REPRESENTATIVES. Each Regional PLGs' representative designated below shall be the
point of contact to coordinate the obligations as provided herein. The Regional PLGs designate their
authorized representatives under this Regional Agreement as follows;
9.1. designates the of the or their designee(s).
9.2. designates the of the or their designeees).
10. OBLIGATIONS OF THE REGIONAL PLGS. The Regional PLGs 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.
11. TERM. The Regional Agreement will commence on ,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").
12. 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.
13. CONFIDENTIALITY. The Regional PLGS, 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 otherwise have access to, except as may be required bylaw. Nothing in this Regional
EXHIBIT G-1
Agreement shall in any way limit the ability of the Regional PLGs to comply with. any laws or legal
process concerning disclosures by public entities. The Regional PLGs 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 for disclosure of confidential materials, the Regional
PLG shall advise the Regional PLGs of such request in order to give the Regional PLGs 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 objects to disclosure of any of its material, the Regional
PLG 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 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 is not resolved, the Regional PLGs may tender all material to the court for judicial
determination of the issue of disclosure.
14. GOVERNING LAW• 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 applicable
District Court of the State of Colorado for the county of the Region's fiscal agent. 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.
15. TERMINATION. The Regional PLGs enter into this Regional Agreement to serve the public interest. If
this Regional Agreement ceases to further the public interest, a Regional PLG, in its discretion, may
terminate their participation in the Regional Agreement, in whole or in part, upon written notice to
the other Regional PLGs. Each Regional PLG 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. A Regional PLG's decision to terminate this Regional
Agreement, with or without cause, shall have no impact on the other Regional PLGs present or future
administration of its Opioid Funds and the other procedures outlined in this Regional Agreement.
Rather, a Regional PLG's decision to terminate this Regional Agreement shall have the same effect as
non -participation, as outlined in Section 3.2 (e).
16. 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
EXHIBIT G-1
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 I<ey Notices, the Regional PLGs 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 that are not Key Notices may
be done via electronic transmission. The Regional PLGs 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 I<ey Notices shall be given to the Regional PLGs at the following addresses:
17. GENERAL TERMS AND CONDITIONS
17.1. Independent Entities. The Regional PLGs enter into this Regional Agreement as separate,
independent governmental entities and shall maintain such status throughout.
17.2. Assignment. This Regional Agreement shall not be assigned by any Regional PLG 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.
17.3. Integration and Amendment. This Regional Agreement represents the entire agreement
between the Regional PLGs 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.
EXHIBIT G-1
17.4. No Construction Against Drafting Party. The Regional PLGs 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.
17.5. 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.
17.6. 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.
17.7. Conflict of Interest. No Regional PLG shall knowingly perform any act that would conflict
in any manner with said Regional PLG's obligations hereunder. Each Regional PLG 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 PL6 shall be paid or receive, directly or indirectly, any share or part
of this Regional Agreement or any benefit that may arise therefrom.
17.8. Inurement. The rights and obligations of the Regional PLGs to the Regional Agreement
inure to the benefit of and shall be binding upon the Regional PLGs and their respective
successors and assigns, provided assignments are consented to in accordance with the terms
of the Regional Agreement.
17.9. Survival. Notwithstanding anything to the contrary, the Regional PLGs 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 if such Regional PLG fails to perform or comply with such term or condition.
17.10. 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
EXHIBIT G-1
Regional PLG 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.
17.11. 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.
17.12. 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.
17.13. 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 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 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 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.
17.14. Authority to Execute. Each Regional PLG represents that all procedures necessary to
authorize such Regional PLG's execution of this Regional Agreement have been performed
and that the person signing for such Regional PLG has been authorized to execute the
Regional Agreement.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
EXHIBIT G-1
Transaction Detail
Period:
Journalcode:
Reference:
Type:
Date:
Account number:
Description:
Amount:
Activity number:
Job number:
PM updated:
PM update required:
Comments:
11/zl (11/3o/zozl)
AP ACCOUNTS PAYABLE
75900001
Actual
l0131/2021
85.00.000.5614.9001.000 Impact Fees -Drainage
FRANSEN PITTMAN GENERAL CONTRACTORS
294,588.00
No
No
""VendorNo: 2185 ""Inv. No: 014 ""Desa TH -Central
Park Detention Pond- Progress Payment 014 *"Inv. Date:
10/3112021 ""PO No: ""Remit Name: FRANSEN PITTMAN
GENERAL CONTRACTORS ""Merchant Vendor No: 2185
""Merchant Vendor Name: FRANSEN PITTMAN GENERAL
CONTRACTORS ""Invoice Created By: mferrera
Close
Ched< information
Bank:
Period:
Amount:
Deposit information
Bank:
Period:
Amount:
.00
.00
Created by: JSCOTT
Last modified by: JSCOTT
Allo�tions:
Date: iZJ02/2021
Date: 12/02/2021
X
Colorado Opioids Settlement Memorandum of Understanding
Summary
Below is a brief overview of the key provisions outlined in the Colorado Opioids
Settlement Memorandum of Understanding ("Colorado MOU"). The Colorado MOU was signed
by Colorado Attorney General Phil Weiser on August 26, 2021. In order to receive the full
settlement payments for all of Colorado, strong participation by local governments signing on to
the Colorado MOU is necessary.
Local governments and the State prepared the Colorado MOU, which prioritizes
regionalism, collaboration, and abatement in the sharing and distribution of opioid settlement
buds. The points below summari fuze the framework laid out in the Colorado MOU for
distributing and sharing opioids settlement proceeds throughout Colorado. Please see the full
Colorado MOU and exhibits for additional details.
While Colorado's local governments are currently being asked to participate in recent
settlements with the "Big 3" Distributors (A -nerisourceBergen, Cardinal Health, and McKesson)
and Johnson & Johnson, the Colorado MOU is intended to apply to all current and future opioid
settlements.
A. Allocation of Settlement Funds
The Colorado MOU provides the framework for fairly dividing and sharing settlement
proceeds among the state and local governments in Colorado. Under the Colorado MOU,
settlement proceeds will be distributed as follows:
1. 10% directly to the State ("State Share")
2. 2001 directly to Participating Local Governments ("LG Share")
3. 60% directly to Regions ("Regional Share")
4. 10% to specific abatement infrastructure projects ("Statewide Infrastructure
Share")
Under the Colorado MOU, all settlement fiords must be used only for "Approved
Purposes,"along and broad list that focuses on abatement strategies. These strategies emphasize
prevention, treatment, and harm reduction. Some examples of these strategies include training
health care providers on opioid use disorder ("OUD") treatment and responsible prescribing,
expanding telehealth and mobile services for treatment, and increasing naloxone and rescue
breathing supplies. The list of Approved Purposes is broad enough to be flexible for local
communities, while ensuring that settlement funds are used to combat the opioid epidemic. The
list of Approved Purposes is attached as Exhibit A to the MOU, unless the term is otherwise
defined in a settlement.
B. General Abatement Fund Council
A General Abatement Fund Council (the "Abatement Council"), consisting of
representatives appointed by the State and Participating Local Governments, will ensure that the
distribution of opioid funds complies with the terms of any settlement and the terms of the
Colorado MOU. The Abatement Council will consist of 13 members, seven appointed by the
State and six appointed by the Participating Local Governments.
C. Local Government Share (20%)
Twentypercent of settlement funds will be paid directly to Participating Local
Governments. Exhibit D to the Colorado MOU lists the percentage to each County Area (that is,
the county government plus the municipalities within that county), and Exhibit E further breaks
down those allocations to an intracounty level using a default allocation.
The allocations to each County Area in Exhibit D are based on three factors that address
critical causes and effects of the opioid crisis: (1) the number of persons suffering opioid use
disorder in the county; (2) the number of opioid overdose deaths that occurred in the county; and
(3) the amount of opioids distributed within the county.
The intracounty allocations in Exhibit E are a default allocation that will apply unless the
local governments in a County Area enter into a written agreement providing for a different
allocation. These allocations are based on a model, developed by health economist experts,
which uses data from the State and Local Government Census on past spending relevant to
opioid abatement.
Participating Local Govermnents will provide data on expenditures from the LG Share to
the Abatement Council on an annual basis. If a local government wishes, it may forego its LG
Share and direct it to the Regional Share. A local government that chooses not to participate or
sign onto the Colorado MOU will not receive funds from the LG Share and the portion of the LG
Share that it would have received will instead be re -allocated to the Regional Share for the region
where that local government is located.
D. Regional Share (60%)
Sixty percent of settlement funds will be allocated to single- or multi -county regions
made up of local governments. These regions were drawn by local governments to make use of
existing local infrastructure and relationships. The regional map is shown below, as well as in
Exhibit C to the Colorado MOU:
Regions for the distribution of opioid settlement funds
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Allocations to regions will be calculated according to the percentages in Exhibit F. Each
region will create its own 'Regional Council" to determine what Approved Purposes to fund
with that region's allocation from the Regional Share. Regional governance models are attached
to the Colorado MOU as Exhibit G. Each region may draft its own intra-regional agreements,
bylaws, or other governing documents to determine how the Regional Council will operate,
subject to the terms of the Colorado MOU. Each Regional Council will provide expenditure data
to the Abatement Council on an annual basis.
A local government that chooses not to participate or sign onto the Colorado MOU shall
not receive any opioid funds from the Regional Share and shall not participate in the Re iognal
Councils.
E. State Share (10%)
Ten percent of settlement funds will be allocated directly to the State for statewide
priorities in combating the opioid epidemic. The State maintains full discretion over distribution
of the State Share anywhere within the State of Colorado. On an annual basis, the State shall
provide all data on expenditures from the State Share, including administrative costs, to the
Abatement Council.
F. Statewide Infrastructure Share (10%)
Ten percent of the settlement funds will be allocated to a Statewide Infrastructure Share
to promote capital improvements and provide operational assistance for the development or
improvement of infrastructure necessary to abate the opioid crisis anywhere in Colorado.
The Abatement Council shall establish and publish policies and procedures for the
distribution and oversight of the Statewide Infrastructure Share, including processes for local
governments or regions to apply for opioid funds from the Statewide Infrastructure Share.
G. Attorneys' Fees and Expenses Paid Through aBack-Stop Fund
To a large extent, the national opioid settlements occurred because of the pressure that
litigating entities and their counsel exerted on defendants through their lawsuits. The attorneys'
fee provision equitably allocates the cost of attorneys' fees, while also allowing non -litigating
entities to share in the 25% premium for releases by the litigating entities in the "Big 3"
Distributor and Johnson & Johnson settlements. The work that was done by the litigating entities
and their law firms in the litigation has substantially contributed to achieving the settlements that
are currently being offered and those that are anticipated in the future.
The Attorney General and local governments have agreed to a "Back -Stop Fund" for
attorneys' fees and costs. Before a law firm can apply to the Back -Stop Fund, it must first apply
to any national common benefit fee fiind. The Back -Stop Fund will only be used to pay the
difference between what law firms are owed and the amount they have received from a national
common benefit fee fund.
Attorneys' fees are limited to 8.7% of the total LG Share and 4.35% of the total Regional
Share. No fiends will be taken from the Statewide Infrastructure Share or State Share.
A committee will be formed to oversee payments from the Back -Stop Fund. The
committee will include litigating and non -litigating entities. Importantly, any excess money in
the Back -Stop fund, after attorneys' fees and costs are paid, will go back to the local
governments.
H. Participation in the Colorado MOU and Expected Timeline
The MOU was designed to ensure that as many local governments as possible would
agree to its terms. Strong participation from local governments is needed to receive the full
settlement payments for all of Colorado. On August 26, 2021, Colorado Attorney General Phil
Weiser signed the MOU. It is projected that settlement funds from the "Big 3"
Distributor/Johnson & Johnson settlements could be made available as soon as July 2022 and
will be distributed within Colorado according to the MOU.
Along with the MOU, each local government will need to sign a Subdivision Settlement
Participation Form for each of the settlements (the "Big 3" Distributor settlement and the
Johnson & Johnson settlement) releasing their legal claims and stating they are participating in
the settlements. In addition, a Colorado Subdivision Escrow Agreement should be signed to
ensure legal claims are released only when 95% participation by certain local governments has
been reached. That 95% participation threshold is important because it triggers certain amounts
of incentive payments under the settlements and signals to the settling pharmaceutical companies
that the settlements have wide acceptance.
A copy of the MOU with signature pages for each local government, the Subdivision
Settlement Participation Forms, and the Colorado Subdivision Escrow Agreement will be
provided by the Attorney General's Office. The documents should be executed by the individual
or body with authority to do so on behalf of their respective county or municipality and
submitted by mail or email to either CCI or CML at the following addresses:
For Counties,•
Colorado Counties, Inc.
800 Grant, Ste 500
Denver, CO 80203
Email:
Kyley Burress at KBurressAccionline.org
Katie First at KFirst(a,ccionline.org
For Municipalities:
Colorado Municipal League
1144 N. Sherman St.
Denver, CO 80203
Email: opioidsettlementncml.org
If you have any questions, please reach out to Heidi Williams of the Colorado AG's
office at Heidi.WilliamsOcoag_gov.