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 2 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 DocuSign Envelope ID: 3B323665-AB9D-4205-B8B1-961B9A6239A0 3 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 DocuSign Envelope ID: 3B323665-AB9D-4205-B8B1-961B9A6239A0 4 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] DocuSign Envelope ID: 3B323665-AB9D-4205-B8B1-961B9A6239A0 5 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 DocuSign Envelope ID: 3B323665-AB9D-4205-B8B1-961B9A6239A0 Matt Scherr, Vice Chair ____________________________ 6 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. DocuSign Envelope ID: 3B323665-AB9D-4205-B8B1-961B9A6239A0 7 EXHIBIT A: Colorado Opioid Abatement State MOU EXHIBIT B: Region 5 Opioid Abatement Council Fiscal Agent Summary DocuSign Envelope ID: 3B323665-AB9D-4205-B8B1-961B9A6239A0