HomeMy WebLinkAboutC23-335 Town of Vail_region 5 opioid1
AGREEMENT BETWEEN
EAGLE COUNTY, COLORADO
AND
TOWN OF VAIL
FOR REGION 5 OPIOID ABATEMENT FIDUCIARY OVERSIGHT
THIS INTERGOVERNMENTAL AGREEMENT (“Agreement”) is effective as of
______________ by and between Eagle County, Colorado acting by and through its Board of
County Commissioners (“County”) and the Town of Vail (“ToV”) (collectively the "Parties").
RECITALS
WHEREAS, this Agreement is entered in reference to opioid settlement dollars (“Opioid Funds”)
pursued by the Attorney General’s Office of the State of Colorado, disseminated to 19 settlement
regions within the State of Colorado pursuant to a Memorandum of Understanding dated August
26, 2021, attached hereto as Exhibit A (the “MOU”) and incorporated herein by this reference;
and
WHEREAS, Eagle County, the fiscal agent for the Region 5 Opioid Abatement Council with
associated duties described in Exhibit B, and ToV are each a “Participating Local Government,”
as defined by the MOU, in Region 5; and
WHEREAS, per the MOU, 60% of Opioid Funds are allocated directly to Regions (“Regional
Share” and 20% are allocated directly to Participating Local Governments (“LG Share”); and
WHEREAS, per the MOU, each Participating Local Government may choose to forego its
allocation of the LG Share and transfer said allocation to the applicable Regional Share; and
WHEREAS, per the MOU, Participating Local Governments may elect to share, pool, or
collaborate with their respective allocation of the LG or Regional Shares in any manner they so
choose, so long as Opioid Funds are used for Approved Purposes and comply with the MOU; and
WHEREAS, the County and ToV desire to collaboratively participate in the expansion of
prevention, harm reduction and treatment services in Eagle County as funded through Opioid
Funds; and
WHEREAS, as fiduciary agent for the Region 5 Opioid Abatement Council, the County is
responsible for the management of collection and disbursement of regional funds; and
WHEREAS, the ToV has agreed to direct its allocation of Opioid Funds to the Regional Share for
Region 5 to support the efforts of the Region 5 Opioid Abatement Council, thus foregoing
management and decision-making of its use; and
WHEREAS, the County agrees to receive and transfer funds from ToV and into the Region 5
Opioid Abatement Council account for the use as decided with agreement of the Region 5 Opioid
Abatement Council
DocuSign Envelope ID: 3B323665-AB9D-4205-B8B1-961B9A6239A0
10/17/2023
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AGREEMENT
NOW, THEREFORE, in consideration of the terms and covenants stated herein, the sufficiency
of which is hereby acknowledged, County and ToV agree as follows:
I. ToV agrees to transfer existing Opioid Funds allocated to ToV through its LG Share to
Eagle County until termination of this IGA
II. In the event ToV elects to forego its allocation of the LG Share and direct its allocation to
the Regional Share for Region 5, Eagle County agrees to accept ToV’s allocation subject
to these same terms
III. Eagle County agrees to place ToV’s allocation of the LG Share in the account containing
the Region 5 Opioid Abatement Council dollars, with a confirmation of receipt and deposit
no later than one (1) business day following
IV. All funds disbursed under this Agreement shall be or have been expended at the discretion
of the Region 5 Opioid Abatement Council, in compliance with the MOU, and for
Approved Purposes as defined by the MOU
V. ToV acknowledges that by transferring its funds to Eagle County for use by the Region 5
Opioid Abatement Council, ToV relinquishes its right to sole decision-making authority
regarding use of said funds, and transfers said decision-making authority to the Region 5
Opioid Abatement Council
VI. The Regional fiscal agent shall receive, deposit, and make available Opioid Funds
distributed from the General Abatement Fund Council and provide expenditure reporting
data to the General Abatement Fund Council on an annual basis. In addition, the Regional
fiscal agent shall perform certain record keeping duties. A detailed statement of the
Services to be performed is attached hereto as Exhibit B and incorporated herein by this
reference.
VII. The fiscal agent serves at the direction of the Regional Council and in service to the entire
Region. A Regional fiscal agent shall not stray outside the bounds of the authority and
power vested by the MOU.
Governmental Immunity
I. Nothing in this Agreement shall be construed to waive, limit, or otherwise modify any
governmental immunity that may be available by law to the District or to the County and
their respective officials, employees, contractors, or agents, or any other person acting on
behalf of the District or the County, and, in particular, governmental immunity afforded or
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available pursuant to the Colorado Governmental Immunity Act, Title 24, Article 10, Part
1 of the Colorado Revised Statutes.
Disputes and Jurisdiction
I. This Agreement shall be interpreted in accordance with the laws of the State of Colorado
and the parties agree to submit to the exclusive venue and jurisdiction of the 5th Judicial
District in the County of Eagle, State of Colorado.
Notice
I. Any notice and all written communications required under this Agreement shall be given
in writing by personal delivery, facsimile, ground shipping or U.S. Mail to the other party
at the following addresses:
II. This Agreement and the Colorado Law Addendum attached hereto constitute the entire
Agreement between the parties related to its subject matter. It supersedes all prior
proposals, agreements and understandings, either verbal or written.
III. This Agreement does not and shall not be deemed to confer upon or grant to any third party
any right enforceable at law or equity arising out of any term, covenant, or condition herein
or the breach hereof.
IV. Invalidity or unenforceability of any provision of this Agreement shall not affect the other
provisions hereof, and this Agreement shall be construed as if such invalid or
unenforceable provision was omitted.
V. This Agreement may not be assigned by either party.
VI. This Agreement may only be modified by a written amendment that is signed by all parties.
VII. This 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
parties approve the use of electronic signatures for execution of this Agreement. Only the
following two forms of electronic signatures shall be permitted to bind the parties to this
Agreement: (i) Electronic or facsimile delivery of a fully executed copy of the signature
page; (ii) the image of the signature of an authorized signer inserted onto PDF format
documents. All documents must be properly notarized, if applicable. All use of electronic
signatures shall be governed by the Uniform Electronic Transactions Act, C.R.S. 24-71.3-
101 to 121.
County:
Heath Harmon
Director, Eagle County Public Health & Environment
551 Broadway
P.O. Box 660
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Eagle, CO. 81631
Phone: (970) 328-8818
With a copy to:
County Attorney’s Office
500 Broadway
PO Box 850
Eagle, CO 81631
Phone: (970) 328-8685
Town of Vail:
Russ Forrest, Town Manager
75 S. Frontage Rd
Vail, CO 81657
Phone: (970) 479-2156
Email: rforrest@vail.gov
With a copy to:
Steph Johnson
75 S. Frontage Rd
Vail, CO 81657
Email: sjohnson@vail.gov
Notices shall be deemed given on the date of delivery; on the date the facsimile is transmitted and
confirmed received or, if transmitted after normal business hours, on the next business day after
transmission, provided that a paper copy is mailed the same date; or three days after the date of
deposit, first class postage prepaid, in any official depository of the U.S. Postal Service.
[Remainder of page left intentionally blank]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year
first above written.
COUNTY OF EAGLE, STATE OF COLORADO,
By and Through Its BOARD OF COUNTY
COMMISSIONERS
By: ______________________________
Kathy Chandler-Henry, Chair
Attest:
By: _________________________________
Regina O’Brien, Clerk to the Board
TOWN OF VAIL
By:_______________________
Attest: Russ Forrest, Town Manager
By: _________________________________
Stephanie Bibbens, Town Clerk
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Matt Scherr, Vice Chair
____________________________
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EXHIBIT B
Duties: The Regional fiscal agent shall receive, deposit, and make available Opioid Funds
distributed from the Abatement Council and provide expenditure reporting data to the
Abatement Council on an annual basis. In addition, the Regional fiscal agent shall perform
certain recordkeeping duties outlined below.
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.
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.
Record Keeping: The Regional Fiscal Agent shall maintain necessary records with regard the
Regional Council’s meetings, decisions, plans and expenditure data.
● The fiscal agent must be designated before a region can receive any funds. ● A fiscal
agent must be a county or municipal government but serves the entire region. 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. ● 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.
● The fiscal agent serves at the direction of the Regional Council and in service to the
entire Region. A Regional fiscal agent shall not stray outside the bounds of the
authority and power vested by the Colorado MOU.
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EXHIBIT A:
Colorado Opioid Abatement State MOU
EXHIBIT B:
Region 5 Opioid Abatement Council Fiscal Agent Summary
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