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HomeMy WebLinkAboutresolution.council.099-24RESOLUTION 499 (Series of 2024) A RESOLUTION OF THE CITY COUNCIL OF .THE CITY OF ASPEN, COLORADO, APPROVING A MEMORANDUM OF UNDESTANDING BETWEEN THE CITY OF ASPEN AND PITKIN COUNTY AUTHORIZING THE CITY MANAGER TO EXECUTE SAID MEMORANDUM OF UNDERSTANDING ON BEHALF OF THE CITY OF ASPEN, COLORADO0 WHEREAS, there is an ongoing public health emergency related to abuse of opioids in the United States; and WHEREAS, there have been numerous settlements with opioid manufacturers resulting in the availability of funding to combat opioid abuse; and WHEREAS, The City of Aspen and Pitkin County have both received funds related to these settlements since November 2022, and WHEREAS, The City of Aspen's portion of settlement funds received as of July 31, 2024, equates to $19,912.32; and WHEREAS, The City's portion of the settlement funds will continue to increase incrementally as additional settlement payments are distributed; and WHEREAS, combining of The City of Aspen and Pitkin County's settlement funds results in a greater opportunity for positive community impact; and UVHEREAS, Pitkin County Public Health has developed an anti -stigma and harm reduction campaign called "Community Compass" that focuses on the physical and mental health impacts of substance abuse in our community and connecting those in recovery with appropriate resources; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, That the City Council of the City of Aspen hereby approves a memorandum of understanding to convey received and future allocations of opioid settlement funds from the City of Aspen to Pitkin County, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager to execute said agreement on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 27" day of August, 2024. Torre, Mayor I, Nicole Henning, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held on August 27, 2024. Nicole Henning, Ci�ty�Clerk Docusign Envelope ID: C139913CA3-A56648CF-A004-E81DA1 F157C2E MEMORANDUM OF UNDERSTANDING BETWEEN PITIN COUNTY AND THE CITY OF AS 1. THIS MEMORANDUM OF UNDERSTANDING (MOU) is entered into as of the r ay ofyw� ,00� 2024, by and between Pitkin County, Colorado, hereinafter r ferred to as "Co ty" and the City of Aspen Colorado, hereinafter referred to as the "City" and jointly referred to as the "Parties." 2. PURPOSE: The County and City have entered into this MOU for the purposes of addressing the acceptance, use and reporting of national opioid settlement funds pursuant to the provisions outlined in the Colorado Opioid Settlement Memorandum of Understanding dated August 26, 2021 (the "Agreement). Specifically, section B(2) of the Agreement requires that Colorado share of national settlement funds that would be allocated as follows. a) 10% of settlement dollars were to go directly to the State; b) 20% to participating local governments, c) 60% to regions (multiple counties); and d) 10% to specific statewide abatement infrastructure projects. Of the 20% share to local governments, Exhibit E of the Agreement included that funds for government entities within Pitkin County would receive the following percentage allocations: Pitkin Count 47.1379 City of Aspen 4280707 Town of Basalt 1.1156 Town of Snowmass Village 1 9.6757 Pursuant to this MOU made this day, both parties agree the above allocation of settlement funds shall be amended to direct future settlement funds under the following revised distribution, eliminating any future moneys for the City of Aspen and increasing moneys for distribution to Pitkin County: Pitkin Count 89.2086 City of Aspen 0.0000 Town of Basalt 1.1156 Town of Snowmass Village 9.6757 In addition, this new agreement hereby acknowledges that all past opioid settlement funds received by the City through the original settlement agreement dated August 26, 2021, totaling $19,912.32 as of July 31, 2024, shall be transferred to the County for proper uses 1 Docusign Envelope ID: CB99BCA3-A566-48CF-A004-E8DA1 F157C2E as outlined in the Agreement. Any and all reporting requirements for those uses shall be the responsibility of the County as acceptance of these funds. 3. AUTHORITIES: Pitkin County, Manager Jon Peacock 530 E. Main Street, Suite 302 Aspen, Colorado 81611 j on.peacock@pitkincounty.com City of Aspen, City Manager Sara Ott 427 Rio Grande Place Aspen, Colorado 81611 sara.ott@cityofaspen.com 4. THE JOINT PARTIES MUTUALLY AGREE: The parties agree to work in good faith to address the terms and conditions as stated within this MOU. 5. TERMS This MOU shall remain in place in perpetuity or until either (a) there are no longer any opioid settlement funding directed by the original August 26, 2021 agreement, or (b) either party provides notice in writing that this agreement is no longer desirable. 6. NOTICES: Notices. Any notice required or permitted under this Agreement shall be in writing and shall be provided by electronic delivery to the e-mail addresses set forth below and by one of the following methods 1) hand -delivery or 2) registered or certified mail, postage pre -paid to the mailing addresses set forth below. Each party by notice sent under this paragraph may change the address to which future notices should be sent. Electronic delivery of notices shall be considered delivered upon receipt of confirmation of delivery on the part of the sender. Nothing contained herein shall be construed to preclude personal service of any notice in the manner prescribed for personal service of a summons or other legal process. To: Pitkin County: Jon Peacock, County Manager 530 E. Main St. Suite 302 Aspen, Colorado 81611 �on.peacock(i pitkincounty.com 2 With copies to: kin County Attorne Pitys Office 530 E. Main St. Suite 301 Aspen, CO 81611 attorney(a pitkincounty.com Docusign Envelope ID: C69913CM A566-48CF-A004-E8DA1 F157C2E To: City of Aspen: Sara Ott, City Manager 427 Rio Grande Place Aspen, CO 81611 sara.ottkcityofaspen.com Jordana Sabena, Public Health Director 0405 Castle Creek Drive Suite 112 Aspen, CO 81611 iordana.sabella(a�pitkincounty.com City of Aspen Attorneys Office 427 Rio Grande Place Aspen, CO 81611 attorney(,.cityofaspen.com 7. The terms and provisions of this MOU are severable. If any term or provision is declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other terms or provisions. 8. This MOU shall inure to the benefit of and be binding upon the parties and their respective successors and assigns. 9. This MOU evidences the entire agreement of the parties concerning the subject matter herein, and any additional oral promises or agreements shall have no force or effect. 10. The parties agree and understand that both parties are relying on and do not waive, by any provisions of this MOU the monetary limitations or terms or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. 24-10-101, et seq., as from time to time amended or otherwise available to the parties or any of their officers, agents, or employees. 11. The parties acknowledge and agree that any payments provided for hereunder or requirements for future appropriations shall constitute only currently budgeted expenditures of the parties. The parties' obligations under this MOU are subject to each individual party's annual right to budget and appropriate the sums necessary to provide the services set forth herein. No provision of this MOU shall be construed or interpreted as creating a multiple fiscal year direct or indirect debt or other financial obligation of either or both parties within the meaning of any constitutional or statutory debt limitation. This MOU shall not be construed to pledge or create a lien on any class or source of either parties' bonds or any obligations payable from any class or source of each individual party's money. 12. This MOU shall be construed according to the laws of the State of Colorado, and venue for any action shall be in the District Court in and for Pitkin County, Colorado. 13. In the event that legal action is necessary to enforce any of the provisions of this MOU, the substantially prevailing party, whether by final judgment or out of court settlement, shall recover from the other party all costs and expenses of such action or suit including reasonable attorney's fees. 3 Docusign Envelope ID: CB99BCA3-A56&48CF-A004-E8DA1 F157C2E 14. The waiver by any party to this MOU of any term or condition of this MOLT shall not operate or be construed as a waiver of any subsequent breach by any party. In Witness whereof, the parties hereto have caused this agreement to be executed as of the day and year first above written. gy. BY: DocuSigned by: A cv uciv� 1�9LD. ara tt, spen City Manager Jon Peacock, Pitkin County Manager ATTEST: DocuSigned by: L kwt.a,A.,i� —�079 A n r%r%7C A T ACM Nicole Henning, City Clerk ATTEST: Sam Engen, Deputy County Clerk 0 MEMORANDUM OF UNDERSTANDING BETWEEN PITIN COUNTY AND THE CITY OF ASPEN 1. THIS MEMORANDUM OF UNDERSTANDING (MOU) is entered into as of the 19tn day of July, 2024, by and between Pitkin County, Colorado, hereinafter referred to as "County" and the City of Aspen Colorado, hereinafter referred to as the "City" and jointly referred to as the "Parties." 2. PURPOSE: The County and City have entered into this MOU for the purposes of addressing the acceptance, use and reporting of national opioid settlement funds pursuant to the provisions outlined in the Colorado Opioid Settlement Memorandum of Understanding dated August 26, 2021 (the "Agreement). Specifically, section B(2) of the Agreement requires that Colorado share of national settlement funds that would be allocated as follows: a) 10% of settlement dollars were to go directly to the State; b) 20% to participating local governments, c) 60% to regions (multiple counties), and d) 10% to specific statewide abatement infrastructure projects. Of the 20% share to local governments, Exhibit E of the Agreement included that funds for government entities within Pitkin County would receive the following percentage allocations: Pitkin County 47.1379 6 ity of Aspen 42.0 707 Town of Basalt 1.1156 Town of Snowmass Village 9.6757 Pursuant to this MOU made this day, both parties agree the above allocation of settlement funds shall be amended to direct future settlement funds under the following revised distribution, eliminating any future moneys for the City of Aspen and increasing moneys for distribution to Pitkin County: Pitkin County 89.2086 Cit of As en 0.0000 Town of Basalt 1.1156 Town of Snowmass Village 9.6757 In addition, this new agreement hereby acknowledges that all past opioid settlement funds received by the City through the original settlement agreement dated August 26, 2021, totaling $19,912.32 as of May 7, 2024, shall be transferred to the County for proper uses as outlined in the Agreement. Any and all reporting requirements for those uses shall be the responsibility of the County as acceptance of these funds. 3. AUTHORITIES: Pitkin County, Manager Jon Peacock 530 E. Main Street, Suite 302 Aspen, Colorado 81611 j on.peacock@pitkincounty.com City of Aspen, City Manager S ara Ott 427 Rio Grande Place Aspen, Colorado 81611 sara.ott@cityofaspen.com 4. THE JOINT PARTIES MUTUALLY AGREE: The parties agree to work in good faith to address the terms and conditions as stated within this MOU. 5. TERMS: This MOU shall remain in place in perpetuity or until either (a) there are no longer any opioid settlement funding directed by the original August 26, 2021 agreement, or (b) either party provides notice in writing that this agreement is no longer desirable. 6. NOTICES: Notices. Any notice required or permitted under this Agreement shall be in writing and shall be provided by electronic delivery to the e-mail addresses set forth below and by one of the following methods 1) hand -delivery or 2) registered or certified mail, postage pre -paid to the mailing addresses set forth below. Each party by notice sent under this paragraph may change the address to which future notices should be sent. Electronic delivery of notices shall be considered delivered upon receipt of confirmation of delivery on the part of the sender. Nothing contained herein shall be construed to preclude personal service of any notice in the manner prescribed for personal service of a summons or other legal process. To: Pitkin County: Jon Peacock, County Manager 530 E. Main St. Suite 302 Aspen, Colorado 81611 jon.peacockApitkincounty.com 2 With copies to: Pitkin County Attorneys Office 530 E. Main St. Suite 301 Aspen, CO 81611 attorney(a,pitkincounty.com To: City of Aspen: Sara Ott, City Manager 427 Rio Grande Place Aspen, CO 81611 sara.ott(a�cityofaspen.com Jordana Sabena, Public Health Director 0405 Castle Creek Drive Suite 112 Aspen, CO 81611 j ordana.sabel lagpitkincounty.com City of Aspen Attorneys Office 427 Rio Grande Place Aspen, CO 81611 attorney2c cityofaspen.com 7. The terms and provisions of this MOU are severable. If any term or provision is declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other terms or provisions. 8. This MOU shall inure to the benefit of and be binding upon the parties and their respective successors and assigns. 9. This MOU evidences the entire agreement of the parties concerning the subject matter herein, and any additional oral promises or agreements shall have no force or effect. 10. The parties agree and understand that both parties are relying on and do not waive, by any provisions of this MOU the monetary limitations or terms or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. 24-10-101, et seq., as from time to time amended or otherwise available to the parties or any of their officers, agents, or employees. 11. The parties acknowledge and agree that any payments provided for hereunder or requirements for future appropriations shall constitute only currently budgeted expenditures of the parties. The parties' obligations under this MOU are subject to each individual party's annual right to budget and appropriate the sums necessary to provide the services set forth herein. No provision of this MOU shall be construed or interpreted as creating a multiple fiscal year direct or indirect debt or other financial obligation of either or both parties within the meaning of any constitutional or statutory debt limitation. This MOU shall not be construed to pledge or create a lien on any class or source of either parties' bonds or any obligations payable from any class or source of each individual party s money. 12. This MOU shall be construed according to the laws of the State of Colorado, and venue for any action shall be in the District Court in and for Pitkin County, Colorado. 13. In the event that legal action is necessary to enforce any of the provisions of this MOU, the substantially prevailing party, whether by final judgment or out of court settlement, shall recover from the other party all costs and expenses of such action or suit including reasonable attorney's fees. 1, The waiver by any party to this MOU of any term or condition of this MO shall not operate or be construed as a waiver of any subsequent breach by any party. In Witness whereof, the parties hereto have caused this agreement to be executed as of the day and year first above written. By: Sara Ott, Aspen City Manager BY: �— Jon Peacock, Pitkin County Manager ATTEST: Nicole Henning, City Clerk ATTEST: Ste+ Sam Engen, Deputy County Clerk