HomeMy WebLinkAbout2021 Resolution No. 039RESOLUTION NO. 39
SERIES OF 2021
A RESOLUTION AUTHORIZING THE CITY OF ENGLEWOOD, COLORADO
TO ACCEPT SETTLEMENT IN OPIOID LITIGATION BY AUTHORIZING
EXECUTION OF DOCUMENTS MEMORIALIZING SAME.
WHEREAS, for many years, US state and local governments have pursued litigation regarding
opioid addiction in the United States, arguing reckless over-distribution of opioids have caused a public
health crisis requiring governments to incur costs/damages to abate the crisis, in In Re: National
Prescription Opiate Litigation, MDL 2804 (N.D. Ohio); and
WHEREAS, US state and local governments agreed to accept $26 billion over 18 years to
resolve claims against the three biggest drug distribution companies (McKesson Corp., Cardinal Health
Inc., and AmerisourceBergen Corp.) (known as the “Big 3”) and the manufacturer Johnson & Johnson;
and
WHEREAS, the Colorado Opioids Settlement Memorandum of Understanding (“Colorado
MOU”) memorializes the agreement between the Colorado Attorney General and representatives of local
government regarding receipt, use, and distribution of the approximately $300 million that is expected to
be distributed within the state from this settlement; and
WHEREAS, receipt of funds is contingent upon 95 percent of Colorado local governments
approving the MOU and related agreements; and
WHEREAS, the Colorado MOU prioritizes regionalism, collaboration, and abatement in the
sharing and distribution of opioid settlement funds, and gives control of 80 percent of settlement funds to
local governments; and
WHEREAS, by approving this first settlement arising out of opioid litigation, the City of
Englewood is expected to directly receive approximately $362,000, in addition to over $2 million that is
anticipated to be distributed to Arapahoe County.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
Section 1. The City Council of the City of Englewood hereby authorizes the City to approve
distribution of opioid settlement proceeds within the state of Colorado, and specifically approve receipt of
settlement funds from the Big 3 and Johnson & Johnson, by executing the following documents: the
Colorado Opioids Settlement Memorandum of Understanding; the Colorado Subdivision Escrow
Agreement; the Settlement Participation Form regarding the Janssen Settlement; and the Settlement
Participation Form regarding the Distributor Settlement. The documents are attached and incorporated by
reference as if fully set forth herein.
Section 2. The City Council of the City of Englewood hereby authorizes the Mayor (or the Mayor
Pro Tem, in the Mayor’s absence) to execute all documents referenced above and attached hereto to accept
the settlement. The City Council further authorizes City staff to take all actions necessary to effectuate the
directions and authorizations contained within this Resolution.
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ADOPTED AND APPROVED this 1st day of November, 2021.
_______________________________
Linda Olson, Mayor
ATTEST:
__________________________________
Stephanie Carlile, City Clerk
I, Stephanie Carlile, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true
copy of Resolution No. 39, Series of 2021.
___________________________
Stephanie Carlile
DocuSign Envelope ID: 709391CD-EF67-4AA3-AEA6-224097FA7EBE
r=DocuSigned by:
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DocuSign Envelope ID: 709391CD-EF67-4AA3-AEA6-224097FA7EBEDocuSign Envelope ID: 8A3E19A8-8A39-4E16-A9AA-4F6DC85928A6COLORADO 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 (B)(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).1 4. "General Abatement Fund Council," or "Abatement Council," shall have the meaning described in Section (C), below. 1 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."
DocuSign Envelope ID: 709391CD-EF67-4AA3-AEA6-224097FA7EBEDocuSign Envelope ID: 8A3E19A8-8A39-4E16-A9AA-4F6DC85928A65. "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 l.468B-l ( c) (26 CFR § l.468B-1 ). 12. "Regional Council" shall have the meaning described in Section (F)(5), below. 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
DocuSign Envelope ID: 709391CD-EF67-4AA3-AEA6-224097FA7EBEDocuSign Envelope ID: 8A3E19A8-8A39-4E16-A9AA-4F6DC85928A6to 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 d. 10% to 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
DocuSign Envelope ID: 709391CD-EF67-4AA3-AEA6-224097FA7EBEDocuSign Envelope ID: 8A3E19A8-8A39-4E16-A9AA-4F6DC85928A6be 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 a non-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 cns1s. 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, 18; (ii) Two (2) Members from Regions 2, 6, 7, 8, 9, 10, 11, 12, 16; and (iii) Two (2) Members from Regions 3, 4, 19. 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 4
DocuSign Envelope ID: 709391CD-EF67-4AA3-AEA6-224097FA7EBEDocuSign Envelope ID: 8A3E19A8-8A39-4E16-A9AA-4F6DC85928A6appointed 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 tenn, 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)(l) 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. 5
DocuSign Envelope ID: 709391CD-EF67-4AA3-AEA6-224097FA7EBEDocuSign Envelope ID: 8A3E19A8-8A39-4E16-A9AA-4F6DC85928A6(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 (B)(l) 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 (O)-(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 (O)-(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 6
DocuSign Envelope ID: 709391CD-EF67-4AA3-AEA6-224097FA7EBEDocuSign Envelope ID: 8A3E19A8-8A39-4E16-A9AA-4F6DC85928A6shall also abide by the due process principles required by Section (F)( 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. 1. 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)(l) 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 shall provide all 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)(l) 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
DocuSign Envelope ID: 709391CD-EF67-4AA3-AEA6-224097FA7EBEDocuSign Envelope ID: 8A3E19A8-8A39-4E16-A9AA-4F6DC85928A62. 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)(8). 7. Participating Local Governments maintain full discretion over the distribution of their allocation of the LG Share anywhere within the State of Colorado, however, 8
DocuSign Envelope ID: 709391CD-EF67-4AA3-AEA6-224097FA7EBEDocuSign Envelope ID: 8A3E19A8-8A39-4E16-A9AA-4F6DC85928A6all 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)(i). The Abatement Council may require Participating Local Governments to provide additional outcome related data in accordance with Section (C)(4)(c)(ii) 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)(l) 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 Fis 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 9
DocuSign Envelope ID: 709391CD-EF67-4AA3-AEA6-224097FA7EBEDocuSign Envelope ID: 8A3E19A8-8A39-4E16-A9AA-4F6DC85928A6any 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 fonn 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), 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.
DocuSign Envelope ID: 709391CD-EF67-4AA3-AEA6-224097FA7EBEDocuSign Envelope ID: 8A3E19A8-8A39-4E16-A9AA-4F6DC85928A66. 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)(S) 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)(l) 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 2-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
DocuSign Envelope ID: 709391CD-EF67-4AA3-AEA6-224097FA7EBEDocuSign Envelope ID: 8A3E19A8-8A39-4E16-A9AA-4F6DC85928A6accordance with Section (C)(4)(c)(ii) and all Regional Councils shall comply with such requirements. 1 I. 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 a two-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
DocuSign Envelope ID: 709391CD-EF67-4AA3-AEA6-224097FA7EBEDocuSign Envelope ID: 8A3E19A8-8A39-4E16-A9AA-4F6DC85928A6offending Region an opportunity to challenge or dispute the remedial action in accordance with, at a minimum, the principles below: 1. The alleged offending Region may request revisions or modifications to the proposed remedial action; 11. 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 111. 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
DocuSign Envelope ID: 709391CD-EF67-4AA3-AEA6-224097FA7EBEDocuSign Envelope ID: 8A3E19A8-8A39-4E16-A9AA-4F6DC85928A6Infrastructure 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(l) 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 I 0% of the amount received, whichever is less. 4. The distribution and oversight policies and procedures developed by the Abatement Council, in accordance with Section (0)(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. 14
DocuSign Envelope ID: 709391CD-EF67-4AA3-AEA6-224097FA7EBEDocuSign Envelope ID: 8A3E19A8-8A39-4E16-A9AA-4F6DC85928A65. 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)(i). 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
DocuSign Envelope ID: 709391CD-EF67-4AA3-AEA6-224097FA7EBEDocuSign Envelope ID: 8A3E19A8-8A39-4E16-A9AA-4F6DC85928A6notice 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 individual(s) 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 individual(s) 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 Settlement(s) 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. §§ 24-71.3-101, 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
DocuSign Envelope ID: 709391CD-EF67-4AA3-AEA6-224097FA7EBEDocuSign Envelope ID: 8A3E19A8-8A39-4E16-A9AA-4F6DC85928A6because 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 a Back-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): Percentage of Litigating Subdivision Population that is lncenti\'e B Eligible Subdh·ision Incentive Paymcn t 8 Population::; Eli~ibilitv Percentafc Up to 85% 0% 85%+ 301~'0 86+ 40% 91+ 50% 95+ 60~·o 99%-9.5% 100% 100% 3. If 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
DocuSign Envelope ID: 709391CD-EF67-4AA3-AEA6-224097FA7EBEDocuSign Envelope ID: 8A3E19A8-8A39-4E16-A9AA-4F6DC85928A6and/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"). 6. 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 a non-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. 18
DocuSign Envelope ID: 709391CD-EF67-4AA3-AEA6-224097FA7EBEDocuSign Envelope ID: 8A3E19A8-8A39-4E16-A9AA-4F6DC85928A68. 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
ocuSign Envelope ID: 709391CD-EF67-4AA3-AEA6-224097FA7EBEDocuSign Envelope ID: 8A3E19A8-8A39-4E16-A9AA-4F6DC85928A6This Colorado Opioids Settlement Memorandum of Understanding is signed this a~ day of Au~u~ , ~ by: ney General Philip J. Weiser 20
21
This Colorado Opioids Settlement Memorandum of Understanding is signed
this ___ day of _____________, _____ by:
______________________________________________
Name & Title___________________________________
On behalf of ___________________________________
DocuSign Envelope ID: 709391CD-EF67-4AA3-AEA6-224097FA7EBE
Mayor
November
Linda Olson
2 2021
City of Englewood
DocuSign Envelope ID: 8A3E19A8-8A39-4E16-A9AA-4F6DC85928A6
r-= DocuSigned by:
Exhibit A
DocuSign Envelope ID: 709391CD-EF67-4AA3-AEA6-224097FA7EBEDocuSign Envelope ID: 8A3E19A8-8A39-4E16-A9AA-4F6DC85928A6
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 of FDA-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
DocuSign Envelope ID: 709391CD-EF67-4AA3-AEA6-224097FA7EBEDocuSign Envelope ID: 8A3E19A8-8A39-4E16-A9AA-4F6DC85928A6
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-
informed practices 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
DocuSign Envelope ID: 709391CD-EF67-4AA3-AEA6-224097FA7EBEDocuSign Envelope ID: 8A3E19A8-8A39-4E16-A9AA-4F6DC85928A6
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. Officer 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-
occurring SUD/MH issues who are incarcerated, on probation, or on parole.
6. Provide evidence-informed treatment, including MAT, recovery support, harm
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
DocuSign Envelope ID: 709391CD-EF67-4AA3-AEA6-224097FA7EBEDocuSign Envelope ID: 8A3E19A8-8A39-4E16-A9AA-4F6DC85928A6
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
1. 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 of high-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 drug monitoring program
(PDMP) that permits information sharing while providing appropriate safeguards
on sharing of private information, including but not limited to:
EXHIBIT A
DocuSign Envelope ID: 709391CD-EF67-4AA3-AEA6-224097FA7EBEDocuSign Envelope ID: 8A3E19A8-8A39-4E16-A9AA-4F6DC85928A6
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
1. Corrective 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
DocuSign Envelope ID: 709391CD-EF67-4AA3-AEA6-224097FA7EBEDocuSign Envelope ID: 8A3E19A8-8A39-4E16-A9AA-4F6DC85928A6
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
DocuSign Envelope ID: 709391CD-EF67-4AA3-AEA6-224097FA7EBEDocuSign Envelope ID: 8A3E19A8-8A39-4E16-A9AA-4F6DC85928A6
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
1. 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.
4828-8658-5793, v. 8
EXHIBIT A
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Exhibit B
DocuSign Envelope ID: 709391CD-EF67-4AA3-AEA6-224097FA7EBEDocuSign Envelope ID: 8A3E19A8-8A39-4E16-A9AA-4F6DC85928A6
Colorado Local Governments*
Government Name County Gov't Type
Multi-
County
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
1
EXHIBIT B
DocuSign Envelope ID: 709391CD-EF67-4AA3-AEA6-224097FA7EBEDocuSign Envelope ID: 8A3E19A8-8A39-4E16-A9AA-4F6DC85928A6
Colorado Local Governments*
Government Name County Gov't Type
Multi-
County
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
Kit Carson Cheyenne City
Clear Creek County Clear Creek County
Central City Clear Creek City 2 counties
Empire Clear Creek City
Georgetown Clear Creek City
Idaho Springs Clear Creek City
Silver Plume Clear Creek 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
2
EXHIBIT B
DocuSign Envelope ID: 709391CD-EF67-4AA3-AEA6-224097FA7EBEDocuSign Envelope ID: 8A3E19A8-8A39-4E16-A9AA-4F6DC85928A6
Colorado Local Governments*
Government Name County Gov't Type
Multi-
County
Denver Denver City/County
Dolores County Dolores County
Dove Creek Dolores City
Rico Dolores City
Douglas County Douglas County
Aurora Douglas City 3 counties
Castle Pines Douglas City
Castle Rock 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
El Paso County El Paso County
Calhan El Paso City
Colorado Springs El Paso City
Fountain El Paso City
Green Mountain Falls El Paso City 2 counties
Manitou Springs El Paso City
Monument El Paso City
Palmer Lake El Paso City
Ramah El Paso City
Elbert County Elbert County
Elizabeth Elbert City
Kiowa Elbert City
Simla Elbert City
Fremont County Fremont County
Brookside Fremont City
Cañon 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
DocuSign Envelope ID: 709391CD-EF67-4AA3-AEA6-224097FA7EBEDocuSign Envelope ID: 8A3E19A8-8A39-4E16-A9AA-4F6DC85928A6
Colorado Local Governments*
Government Name County Gov't Type
Multi-
County
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
Kremmling 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
4
EXHIBIT B
DocuSign Envelope ID: 709391CD-EF67-4AA3-AEA6-224097FA7EBEDocuSign Envelope ID: 8A3E19A8-8A39-4E16-A9AA-4F6DC85928A6
Colorado Local Governments*
Government Name County Gov't Type
Multi-
County
Bethune Kit Carson City
Burlington Kit Carson City
Flagler Kit Carson City
Seibert Kit Carson City
Stratton Kit Carson City
Vona Kit Carson City
La Plata County La Plata County
Bayfield La Plata City
Durango La Plata City
Ignacio La Plata City
Lake County Lake County
Leadville Lake City
Larimer County Larimer County
Berthoud Larimer City 2 counties
Estes Park 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
Cokedale Las Animas City
Kim 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
5
EXHIBIT B
DocuSign Envelope ID: 709391CD-EF67-4AA3-AEA6-224097FA7EBEDocuSign Envelope ID: 8A3E19A8-8A39-4E16-A9AA-4F6DC85928A6
Colorado Local Governments*
Government Name County Gov't Type
Multi-
County
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
Park County Park County
Alma Park City
Fairplay Park City
Phillips County Phillips County
Haxtun Phillips City
Holyoke Phillips City
Paoli Phillips City
Pitkin County Pitkin County
Aspen Pitkin City
Basalt Pitkin City 2 counties
Snowmass Village Pitkin City
Prowers County Prowers County
6
EXHIBIT B
DocuSign Envelope ID: 709391CD-EF67-4AA3-AEA6-224097FA7EBEDocuSign Envelope ID: 8A3E19A8-8A39-4E16-A9AA-4F6DC85928A6
Colorado Local Governments*
Government Name County Gov't Type
Multi-
County
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 Fork Rio Grande City
Routt County Routt County
Hayden Routt City
Oak 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
DocuSign Envelope ID: 709391CD-EF67-4AA3-AEA6-224097FA7EBEDocuSign Envelope ID: 8A3E19A8-8A39-4E16-A9AA-4F6DC85928A6
Colorado Local Governments*
Government Name County Gov't Type
Multi-
County
Frisco Summit City
Montezuma Summit City
Silverthorne Summit City
Teller County Teller County
Cripple Creek Teller City
Green Mountain Falls Teller City 2 counties
Victor Teller City
Woodland Park Teller City
Washington County Washington County
Akron 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
Keenesburg 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
8
EXHIBIT B
DocuSign Envelope ID: 709391CD-EF67-4AA3-AEA6-224097FA7EBEDocuSign Envelope ID: 8A3E19A8-8A39-4E16-A9AA-4F6DC85928A6
Colorado Local Governments*
Government Name County Gov't Type
Multi-
County
Yuma County Yuma County
Eckley Yuma City
Wray Yuma City
Yuma Yuma City
*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.
9
This list will be reconciled as necessary to be consistent with the terms of Settlement(s) with Opioid Settling
Defendant(s)
EXHIBIT B
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Exhibit C
DocuSign Envelope ID: 709391CD-EF67-4AA3-AEA6-224097FA7EBEDocuSign Envelope ID: 8A3E19A8-8A39-4E16-A9AA-4F6DC85928A6
EXHIBIT C
DocuSign Envelope ID: 709391CD-EF67-4AA3-AEA6-224097FA7EBEDocuSign Envelope ID: 8A3E19A8-8A39-4E16-A9AA-4F6DC85928A6
Regions for the distribution of opioid settlement funds
Region l Region 5 Region 9 Region 13 Region 17
Region 6 Region 10 Regionl4 Region 18
Regionl Region 7 (Broomfield) Region 11 {Denver) Region 15 Region 19
Region 4 Region 8 Region 12 n 6
Exhibit D
DocuSign Envelope ID: 709391CD-EF67-4AA3-AEA6-224097FA7EBEDocuSign Envelope ID: 8A3E19A8-8A39-4E16-A9AA-4F6DC85928A6
Exhibit D - Allocations to Colorado County Areas
County Percentage of LG Share
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%
El 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%
Kiowa 0.0142%
Kit 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
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Montrose 0.5695%
Morgan 0.4677%
Otero 0.4486%
Ouray 0.0535%
Park 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 EXHIBIT D
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Exhibit E
DocuSign Envelope ID: 709391CD-EF67-4AA3-AEA6-224097FA7EBEDocuSign Envelope ID: 8A3E19A8-8A39-4E16-A9AA-4F6DC85928A6
Government Name
Intracounty
Share
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)8.5654%
Sheridan 2.1347%
Archuleta County 90.0864%
Pagosa Springs 9.9136%
Baca County 85.9800%
Campo 2.4443%
Pritchett 1.5680%
Springfield 7.0100%
Exhibit E - Intracounty Allocations1,2
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
Page 1 EXHIBIT E
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Government Name
Intracounty
Share
Two Buttes 0.4766%
Vilas 0.9070%
Walsh 1.6141%
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%
Kit Carson 32.3412%
Clear Creek 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
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Government Name
Intracounty
Share
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)0.0156%
Lone Tree 5.2786%
Parker 8.8487%
Eagle County 60.8236%
Avon 7.6631%
Basalt (2 Counties)2.2311%
Eagle 3.1376%
Gypsum 1.7469%
Minturn 0.7771%
Page 3 EXHIBIT E
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Government Name
Intracounty
Share
Red Cliff 0.0957%
Vail 23.5250%
El 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 Lake 0.0455%
Ramah 0.0033%
Elbert County 86.5840%
Elizabeth 10.2633%
Kiowa 1.5455%
Simla 1.6072%
Fremont County 60.7882%
Brookside 0.0348%
Cañon 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 Hawk 46.3909%
Central City (2 Counties)6.7478%
Grand County 80.1046%
Fraser 2.4903%
Granby 5.4008%
Grand Lake 0.3174%
Hot Sulphur Springs 0.1431%
Kremmling 2.9284%
Page 4 EXHIBIT E
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Government Name
Intracounty
Share
Winter Park 8.6154%
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%
Lake 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%
Kiowa County 93.2138%
Eads 5.3777%
Haswell 0.6402%
Sheridan Lake 0.7682%
Kit Carson County 86.3178%
Bethune 0.1841%
Burlington 12.0640%
Flagler 0.4264%
Seibert 0.0291%
Stratton 0.9012%
Page 5 EXHIBIT E
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Government Name
Intracounty
Share
Vona 0.0775%
La Plata County 66.8874%
Bayfield 1.6292%
Durango 29.2985%
Ignacio 2.1849%
Lake 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%
Cokedale 0.0188%
Kim 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
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Government Name
Intracounty
Share
De Beque 0.0123%
Fruita 1.6696%
Grand Junction 37.1505%
Palisade 0.2208%
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%
Park County 96.3983%
Alma 0.7780%
Page 7 EXHIBIT E
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Government Name
Intracounty
Share
Fairplay 2.8237%
Phillips County 52.3463%
Haxtun 13.9505%
Holyoke 33.1803%
Paoli 0.5228%
Pitkin 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 Fork 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
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I I I
Government Name
Intracounty
Share
Moffat 0.3553%
Saguache 0.2460%
San Juan County 87.0423%
Silverton 12.9577%
San Miguel County 48.7493%
Mountain Village 25.7930%
Norwood 0.4078%
Ophir 0.0816%
Sawpit 0.0272%
Telluride 24.9411%
Sedgwick County 98.7331%
Julesburg 0.3830%
Ovid 0.0295%
Sedgwick 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 Park 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
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Government Name
Intracounty
Share
Firestone 1.4648%
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%
Keenesburg 0.0215%
Kersey 0.1378%
La Salle 0.4128%
Lochbuie (2 Counties)0.4004%
Longmont (2 Counties)0.0154%
Mead 0.0941%
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 Counties)0.0000%
Windsor (2 Counties)1.5865%
Yuma County 75.5598%
Eckley 2.5422%
Wray 10.2148%
Yuma 11.6832%
Page 10
1 These 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.
2 The 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.
EXHIBIT E
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Exhibit F
DocuSign Envelope ID: 709391CD-EF67-4AA3-AEA6-224097FA7EBEDocuSign Envelope ID: 8A3E19A8-8A39-4E16-A9AA-4F6DC85928A6
Region Number Region Description Total State Share
1 Northwest 0.9522%
2 Larimer 6.5211%
3 Weld 3.8908%
4 Logan 1.5896%
5 North Central 2.1061%
6 Boulder 5.7936%
7 Broomfield 1.0014%
8 Adams 9.4247%
9 Arapahoe 10.8071%
10 Jefferson 10.7114%
11 Denver 15.0042%
12 Douglas 3.6696%
13 Mesa 2.8911%
14 Southwest 1.4700%
15 Central 1.5627%
16 El Paso/Teller 12.6116%
17 Southwest Corner 1.4375%
18 South Central 1.0973%
19 Southeast 7.4580%
Total 100.0000%
Regional Allocations
EXHIBIT F
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Exhibit G
DocuSign Envelope ID: 709391CD-EF67-4AA3-AEA6-224097FA7EBEDocuSign Envelope ID: 8A3E19A8-8A39-4E16-A9AA-4F6DC85928A6
Regional Governance Models
A. Membership Structure
Single-County Regions
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-County Regions
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 from 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
DocuSign Envelope ID: 709391CD-EF67-4AA3-AEA6-224097FA7EBEDocuSign Envelope ID: 8A3E19A8-8A39-4E16-A9AA-4F6DC85928A6
• 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-County Single-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
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• 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
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Exhibit G-1
DocuSign Envelope ID: 709391CD-EF67-4AA3-AEA6-224097FA7EBEDocuSign Envelope ID: 8A3E19A8-8A39-4E16-A9AA-4F6DC85928A6
MODEL COLORADO REGIONAL OPIOID
INTERGOVERNMENTAL AGREEMENT 2
THIS MODEL COLORADO REGIONAL OPIOID INTERGOVERNMENTAL AGREEMENT (the “Regional
Agreement”) is made between _________________, a Participating Local Government, as defined in the
Colorado MOU, in the __________________ Region (“____________”) and ______________________, a
Participating Local Government in the ___________ Region, (“_____________”), individually herein a
“Regional PLG” and collectively the “Regional PLGs.””
RECITALS
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.
3 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
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WHEREAS, Regions may consist of Single-County Regions, Multi-County Regions, or Single County-
Single City Regions (Denver and Broomfield).
WHEREAS, there shall be a 60% direct allocation of Opioid Funds to Regions through a Regional
Share;
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 a two-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
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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 as set 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 a Multi-County or Single County Region shall
consist of the following:
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
4 See FN 2, supra.
EXHIBIT G-1
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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 from 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) 1 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 counties/cities
agree on (not to include providers who may be recipients of
EXHIBIT G-1
DocuSign Envelope ID: 709391CD-EF67-4AA3-AEA6-224097FA7EBEDocuSign Envelope ID: 8A3E19A8-8A39-4E16-A9AA-4F6DC85928A6
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.
f. 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 bankruptcy 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 CCI/CML’s recommended Members for
EXHIBIT G-1
DocuSign Envelope ID: 709391CD-EF67-4AA3-AEA6-224097FA7EBEDocuSign Envelope ID: 8A3E19A8-8A39-4E16-A9AA-4F6DC85928A6
an initial term not to exceed one year.5 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 may be 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,
5 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.
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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
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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.
5. 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
will be used.
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.
6. 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
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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
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.
8. RECORDKEEPING. The acting Regional fiscal agent shall be responsible for maintaining records
consistent with the Regional Agreement.
9. 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 designee(s).
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 by law. Nothing in this Regional
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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
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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 Key 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 Key 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.
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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 PLG 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
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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.
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4826-9997-5642, v. 7
EXHIBIT G-1
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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&J Settlement”). 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 firm 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 Rohrback that that the threshold
95% participation levels have been reached for both the Distributor Settlement and the J&J
Settlement, as further 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.
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Tamara Niles
Englewood CO 80110
tniles@englewoodco.gov
1001 Englewood Pkwy
303-762-2320
City of Englewood
Distributor Settlement
The Attorney General’s Office and Keller Rohrback 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 Rohrback 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 ____________________
_________________________ ________________
Authorized Signature Date
4849-3731-1228, v. 8
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City of Englewood CO
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EXHIBIT K
Settlement Participation Form
Governmental Entity: State:
Authorized Official:
Address 1:
Address 2:
City, State, Zip:
Phone:
Email:
The governmental 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.
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tniles@englewoodco.gov
Englewood CO 80110
Tamara Niles
1001 Englewood Pkwy
303-762-2320
City of Englewoood CO
87
revised 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 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 party 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 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 Janssen Settlement.
10. Nothing herein is intended to modify in any way the terms 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.
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I have all necessary power and authorization to execute this Election and Release on behalf of
the Governmental Entity.
Signature: _____________________________
Name: _____________________________
Title: _____________________________
Date: _____________________________
DocuSign Envelope ID: 709391CD-EF67-4AA3-AEA6-224097FA7EBE
Mayor
11/3/2021
Linda Olson
DocuSign Envelope ID: 8A3E19A8-8A39-4E16-A9AA-4F6DC85928A6
r-= Doc uSigned by:
DISTRIBUTORS’ 9.18.21
EXHIBIT UPDATES
K-1
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 (“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 (“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 terms 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.
DocuSign Envelope ID: 709391CD-EF67-4AA3-AEA6-224097FA7EBEDocuSign Envelope ID: 8A3E19A8-8A39-4E16-A9AA-4F6DC85928A6
Tamara Niles
City of Englewood
tniles@englewoodco.gov
303-762-2320
1001 Englewood Pkwy
Englewood CO 80110
CO
DISTRIBUTORS’ 9.18.21
EXHIBIT UPDATES
K-2
7. The Governmental 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 party 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.
DocuSign Envelope ID: 709391CD-EF67-4AA3-AEA6-224097FA7EBEDocuSign Envelope ID: 8A3E19A8-8A39-4E16-A9AA-4F6DC85928A6
ISTRIBUTORS’ 9.18.21
EXHIBIT UPDATES
K-3
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.
Signature: _____________________________
Name: _____________________________
Title: _____________________________
Date: _____________________________
DocuSign Envelope ID: 709391CD-EF67-4AA3-AEA6-224097FA7EBE
Linda Olson
11/3/2021
Mayor
DocuSign Envelope ID: 8A3E19A8-8A39-4E16-A9AA-4F6DC85928A6
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