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HomeMy WebLinkAboutCity Council Meeting Agenda 11-08-21AGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO November 8, 2021 7:00 p.m. This meeting will be conducted as a virtual meeting and in person at 7500 West 29th Avenue, Municipal Building, if allowed to meet on that date per COVID-19 restrictions. Some members of City Council or City staff will be physically present at the Municipal building for this meeting. The public may participate in these ways: 1. Provide comment in advance at www.wheatridgespeaks.org (comment by noon on November 8, 2021) 2. Virtually attend and participate in the meeting through a device or phone: • Click here to join and provide public comment • Or call +1-669-900-6833 with Access Code: 869 4904 9762 • Passcode: 794433 3. View the meeting live or later at www.wheatridgespeaks.org, Channel 8, or YouTube Live at https://www.ci.wheatridge.co.us/view Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Those requiring assistance, ASL or translation service for languages other than English are asked to contact the Public Information Officer at 303- 235-2877 or wrpio@ci.wheatridge.co.us with as much notice as possible. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS PROCLAMATIONS AND CEREMONIES Swearing-in of Newly Elected Officials Recognition of Outgoing Elected Official Veterans Day, November 11, 2021 and National Veterans and Military Families Month Law Enforcement Records Personnel Appreciation Week, November 8-12, 2021 APPROVAL OF AGENDA PUBLICS’ RIGHT TO SPEAK a. Public may speak on any matter not on the Agenda for a maximum of 3 minutes under Publics Right to Speak. Please speak up to be heard when directed by the Mayor. CITY COUNCIL AGENDA: NOVEMBER 8, 2021 Page -2- b. Members of the Public who wish to speak on a Public Hearing item or Decision, Resolution, or Motion may speak when directed by the Mayor at the conclusion of the staff report for that specific agenda item. c. Members of the Public may comment on any agenda item in writing by noon on the day of the meeting at www.WheatRidgeSpeaks.org. Comments made on Wheat Ridge Speaks are considered part of the public record. CONSENT AGENDA PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 1. Resolution no. 54-2021 – a resolution approving a major subdivision at 3900-3920 Upham Street in the Residential-Three (R-3) Zone District (Case No. WS-21-02 / Fox Hollow on Upham). 2. Council Bill No. 20-2021 – an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws concerning letter notice to property owners and occupants for development applications (Case no. ZOA-21-03) ORDINANCES ON FIRST READING 3. An ordinance approving the rezoning of property located at approximately 4051 Clear Creek Drive from Planned Commercial Development (PCD) to Planned Mixed Use Development (PMUD) (Case No. WZ-21-04) DECISIONS, RESOLUTIONS, AND MOTIONS 4. Motion to approve payment to Tiimo Mang with Aethyrworks, LLC, in the amount of $185,000, for his public art piece entitled “Agrarian Calling,” to be installed at the Clear Creek Crossing Site 5. Resolution no. 55-2021 – a resolution adopting the Jefferson County Multi-Hazard Mitigation Plan, 2021 Update 6. Motion to elect the Mayor Pro Tem 7. Motion to approve memorandum of understanding and other documents pertaining to opioid settlements CITY MANAGER’S MATTERS CITY ATTORNEY’S MATTERS ELECTED OFFICIALS’ MATTERS PROCLAMATION VETERANS DAY NOVEMBER 11, 2021 AND NATIONAL VETERANS AND MILITARY FAMILIES MONTH NOVEMBER 2021 WHEREAS, America has the greatest armed forces in the history of the world; and WHEREAS, we owe a dept we can never repay to those who serve and those who serve alongside them — their families and caregivers; and WHEREAS, we recognize and thank our service personnel, their families and caregivers, for their indispensable contributions and immeasurable sacrifices in support of our national security; and WHEREAS, as we approach this season of thanksgiving, we send our gratitude to millions of service members, veterans, military families, caregivers, and survivors who have served and continue to serve our nation; and WHEREAS, it is not only the person who wears the uniform serving our country but also their families who make enormous sacrifices for our nation; and WHEREAS, our veteran and military families do so much and ask for little. They are strong and adaptable, changing course to accommodate the needs of our country, often foregoing personal wishes. They are capable and proud, holding down the home front during their loved one’s deployments, coping through their absence, knowing the risk but providing unwavering support, and helping them readjust when they come home; and WHEREAS, we honor them and their invaluable contributions; we share their pride in our armed forces; and we will never forget what they and their loved ones do for us; and NOW, THEREFORE, I, Bud Starker, Mayor of the City of Wheat Ridge, do hereby proclaim November 2021 as NATIONAL VETERANS AND MILITARY FAMILIES MONTH and recognize and honor our veterans on this Veterans Day, Thursday, November 11, 2021. Throughout November, a grateful nation and the City of Wheat Ridge can show appreciation to the spouses, partners, children, caregivers, and survivors of our service members and veterans for their selfless sacrifice on behalf of our nation. ___________________________ Bud Starker, Mayor ___________________________ Steve Kirkpatrick, City Clerk PROCLAMATION LAW ENFORCEMENT RECORDS PERSONNEL APPRECIATION WEEK NOVEMBER 8-12, 2021 WHEREAS, dedicated Law Enforcement Records personnel serve the state of Colorado to provide communities with vital services; and WHEREAS, law enforcement records personnel are crucial to assisting law enforcement agencies identify, pursue, capture, and process suspects; and WHEREAS, these professionals continually use their expertise and experience in maintaining criminal justice statistics and improving apprehension strategies; and WHEREAS, the efficiency of the qualified and dedicated personnel who staff Law Enforcement Records is influenced by their positive attitude and understanding of the importance of the work they perform; and WHEREAS, Law Enforcement Records personnel serving the State of Colorado exhibit professionalism, efficiency, and compassion during the performance of their essential duties every day; and WHEREAS, the City of Wheat Ridge is proud of the dedicated Police Department Records professionals who respond to the needs of officers and detectives while also serving our community members with care and compassion, during what for them is often a very difficult time; and WHEREAS, the state of Colorado has designated the second week in November to recognize Law Enforcement Records Personnel; NOW THEREFORE, I, Bud Starker, Mayor of the City of Wheat Ridge, do hereby proclaim November 8, 2021, through November 12, 2021, as LAW ENFORCEMENT RECORDS PERSONNEL APPRECIATION WEEK ___________________________ Bud Starker, Mayor ___________________________ Steve Kirkpatrick, City Clerk ITEM NO: 1 DATE: November 8, 2021 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 54-2021 – A RESOLUTION APPROVING A MAJOR SUBDIVISION AT 3900-3920 UPHAM STREET IN THE RESIDENTIAL-THREE (R-3) ZONE DISTRICT (CASE NO. WS-21-02 / FOX HOLLOW ON UPHAM). PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _____________________________ Community Development Director City Manager ISSUE: The applicant is requesting approval of a major subdivision on property located at 3900 to 3920 Upham Street. The purpose of the request is to subdivide the existing two (2) lots into six (6) lots and a drainage tract. PRIOR ACTION: Planning Commission heard the request at a public hearing on October 21, 2021 and recommended approval of the major subdivision for the following reasons: 1. All requirements of the subdivision regulations (Article IV) of the zoning and development code have been met. 2. All agencies can provide services to the property with improvements installed at the developer’s expense. Attached is a copy of the Planning Division staff report, which provides a detailed description of the application. Council Action Form – Major Subdivision at 3900-3920 Upham Street November 8, 2021 Page 2 FINANCIAL IMPACT: Fees in the amount of $1,825 were collected for the review and processing of Case No. WS-21- 02. Permit fees and use tax will be paid at time of building permit for future development. Fees- in-lieu of parkland dedication of $2,497.29 per additional residential unit will be paid at time of building permit issuance. BACKGROUND: The site is located on the east side of Upham Street between 38th Avenue and 44th Avenue. The site is 56,714 square feet (1.3 acres) and contains two lots that are roughly the same size: • 3900 Upham Street: contains a single-family home built in 1942 • 3920 Upham Street: contains a single-family home built in 1932 The property is zoned Residential-Three (R-3), as are all properties in this area along Upham Street. Properties to the south are zoned Mixed Use – Neighborhood (MU-N) and Mixed Use – Commercial (MU-C) and contain a variety of uses, including office, the fire department, a public school, and the 4-story building known as West 38 containing high-density apartments and retail. Properties along Upham Street in this area contain a variety of residential uses, including apartment buildings and single-family homes. Part of the school property to the east is zoned Residential-Two (R-2), and the school building abuts the southeast corner of the subject property. Key components of the subdivision are described below. The plat document and additional details are included in the Planning Division staff report. The purpose of a subdivision plat is not to review specific site plan details, but rather to confirm appropriate lot configuration, access, rights-of-way, easements, and utility service to the site in order to create developable parcels for land uses that are already permitted by the underlying zoning. The plat will allow new development lots to be created which meet the Residential-Three (R-3) zoning requirements. Lot Configuration The subdivision creates six (6) lots that are compliant with the R-3 development standards. Lots 1 and 6 are located along Upham Street and contain the existing single-family homes. The subdivision is designed around the preservation of the existing homes and permits for the renovation of these homes are being reviewed by the Building Division. Lots 2-5 will be located to the east behind Lots 1 and 6, and will be accessed by a central private drive that bisects the site. The private drive will allow access to all lots which is required by City Code. The subdivision also creates Tract A at the east side of the site, which is designed for drainage (water detention) and landscaping. Each lot has been reviewed for compliance with the R-3 development standards, including minimum lot size and width. Any future development on the rear lots will need to comply with the R-3 standards including setbacks, building height, building coverage, parking, and bulk plane (applicable to single family homes in R-3). Lots 2 and 3 (on the north side of the drive) are only eligible for a single-family home, based on lot size and width. Lots 4 and 5 (on the south side) Council Action Form – Major Subdivision at 3900-3920 Upham Street November 8, 2021 Page 3 are eligible for a single-family home or a duplex, provided all other development standards can be met. Based on the size of the proposed lots, no multifamily development would be permitted within this subdivision. For this reason, staff will review proposed homes for each individual lot at time of building permit rather than through an overall site plan or planned building group. Easements & Public Improvements Several easements are created by this plat to allow adequate infrastructure and access, including a central easement for access and utilities, a drainage easement across Tract A for stormwater detention and water quality, and a drainage easements along the north and south sides of the property. The developer will construct public improvements within the dedicated right-of-way on Upham Street, upgrading the existing frontage with a 5-foot attached sidewalk and curb/gutter. These improvements will allow on-street parking on the east side of Upham Street along this property. A streetlight will also be added on this side of the street. A Subdivision Improvement Agreement (SIA) will ensure these improvements are in place prior to any future Certificate of Occupancy. RECOMMENDATIONS: A subdivision plat is a technical document and review is a ministerial action. The plat complies with the requirements on the subdivision regulations (Article IV in Chapter 26 of the City Code, is consistent with the R-3 zoning requirements, and staff has confirmed that all utility agencies can serve the property. For those reasons, staff is recommending approval of the request. RECOMMENDED MOTION: “I move to approve Resolution No. 54-2021, a resolution approving a major subdivision at 3900 and 3920 Upham Street and zoned Residential-Three (R-3) for the following reasons: 1. City Council has conducted a proper public hearing that meets all public notice requirements as required by Section 26-109 and 26-407 of the Code of Laws. 2. The requested subdivision has been reviewed by the Planning Commission, which has forwarded its recommendation of approval. 3. The subdivision plat has been found in compliance with Article IV of Chapter 26 of the Code of Laws. 4. All agencies can provide services to the property with improvements installed at the developer’s expense. and with the following conditions: 1. The applicant shall pay the required fees-in-lieu of parkland dedication at time of each building permit. 2. The developer shall enter into a Subdivision Improvement with the City at the time of recordation of the subdivision plat.” Or, Council Action Form – Major Subdivision at 3900-3920 Upham Street November 8, 2021 Page 4 “I move to deny Resolution No. 54-2021, a resolution approving a major subdivision at 3900 and 3920 Upham Street and zoned Residential-Three (R-3) for the following reason(s) __________________.” REPORT PREPARED/REVIEWED BY: Scott Cutler, Senior Planner Lauren Mikulak, Planning Manager Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 54-2021 2. Planning Division Staff Report with Plat Document 3. Planning Commission Draft Meeting Minutes 4. Public Comments for PC Meeting (Wheat Ridge Speaks) ATTACHMENT 1 CITY OF WHEAT RIDGE RESOLUTION NO. 54-2021 Series of 2021 TITLE: A RESOLUTION APPROVING A MAJOR SUBDIVISION AT 3900-3920 UPHAM STREET IN THE RESIDENTIAL-THREE (R-3) ZONE DISTRICT (CASE NO. WS-21-02 / FOX HOLLOW ON UPHAM) WHEREAS, Chapter 26, Article IV of the Wheat Ridge Code of Laws establishes procedures for the City’s review and approval of subdivision plats; and, WHEREAS, an application for a 6-lot subdivision plat with was received from Silver Cloud Properties LLC to subdivide property located at 3900-3920 Upham Street in the Residential-Three (R-3) zone district; and, WHEREAS, all referral agencies have reviewed the request and can serve the property; and, WHEREAS, the Planning Commission has conducted a public hearing complying with all public notice requirements as required by Section 26-109 of the Code of Laws and forwarded its recommendation of approval; and, WHEREAS, the City Council has conducted a public hearing complying with all public notice requirements as required by Section 26-109 of the Code of Laws. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, AS FOLLOWS: A MAJOR SUBDIVISION PLAT ON PROPERTY ZONED RESIDENTIAL-THREE (R-3) LOCATED AT 3900-3920 UPHAM STREET IS HEREBY APPROVED FOR THE FOLLOWING REASONS: 1. City Council has conducted a proper public hearing, meeting all public notice requirements as required by Section 26-109 and 26-407 of the Code of Laws. 2. The requested subdivision has been reviewed by the Planning Commission, which has forwarded its recommendation of approval. 3. The subdivision plat has been found in compliance with Article IV of Chapter 26 of the Code of Laws. 4. All agencies can provide services to the property with improvements installed at the developer’s expense. And, with the following conditions: 1. The applicant shall pay the required fees-in-lieu of parkland dedication at time of each building permit. 2. The developer shall enter into a Subdivision Improvement Agreement with the City prior to recordation of the subdivision plat. DONE AND RESOLVED by the City Council this 8th day of November, 2021. ______________________________________ Bud Starker, Mayor ATTEST: _______________________________________ Stephen Kirkpatrick, City Clerk Planning Commission 1Case No. WS-21-02 / 3900-3920 Upham St. Subdivision CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT REVIEW DATES: October 21, 2021 (Planning Commission) / November 8, 2021 (City Council) CASE MANAGER: Scott Cutler CASE NO. & NAME: WS-21-02 / 3900-3920 Upham St. Subdivision ACTION REQUESTED: Request for approval a 6-lot major subdivision in the Residential-Three (R-3) zone district. LOCATION OF REQUEST: 3900 & 3920 Upham Street APPLICANT/OWNER (S): Silver Cloud Properties, LLC APPROXIMATE AREA: 56,714 square feet (1.3 acres) PRESENT ZONING: Residential-Three (R-3) PRESENT LAND USE: Single-family ENTER INTO RECORD: (X)CASE FILE & PACKET MATERIALS (X)SUBDIVISION REGULATIONS(X)DIGITAL PRESENTATION Location Map Site ATTACHMENT 2 Planning Commission 2Case No. WS-21-02 / 3900-3920 Upham St. Subdivision JURISDICTION: All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. I.REQUEST Case No. WS-21-02 is an application for a major subdivision on property located at 3900 and 3920 Upham Street. The applicant is proposing to subdivide the existing two (2) lots into six (6) lots, plus a drainage tract. Given the total number of lots, this request is considered a major subdivision, which requires Planning Commission to make a recommendation to City Council who is the final authority for approval. The purpose of a subdivision plat is not to review specific site plan details, but rather to confirm appropriate lot configuration, access, rights-of-way, easements, and utility service to the site in order to create developable parcels for land uses that are already permitted by the underlying zoning. The plat will allow new development lots to be created which meet the Residential-Three (R-3) zoning requirements. II.EXISTING CONDITIONS The site is located on the east side of Upham Street between 38th Avenue and 44th Avenue (Exhibit 1, Aerial). The site is 56,714 square feet (1.3 acres) in size and contains two total lots that are roughly the same size: •3900 Upham Street: contains a single-family home built in 1942 •3920 Upham Street: contains a single-family home built in 1931 The property is zoned Residential-Three (R-3), as are all properties in this area along Upham Street (Exhibit 2, Zoning). Properties to the south are zoned Mixed Use – Neighborhood (MU-N) and Mixed Use – Commercial (MU-C) and contain a variety of uses, including office, the fire department, a public school, and the 4-story building known as West 38 containing high-density apartments and retail. Properties along Upham Street in this area contain a variety of residential uses, including apartment buildings and single-family homes. Part of the school property to the east is zoned Residential-Two (R- 2), and the school building abuts the southeast corner of the subject property. III.PROPOSED SUBDIVISION PLAT Plat Document The proposed plat document consists of two pages (Exhibit 3, Fox Hollow on Upham Subdivision). The first page includes a legal description of the property; signature blocks for the owners, City, surveyor and County; and standard declarations and notes. The second page includes the plat map and data table which shows the proposed property lines and easements. Lot Configuration The subdivision creates six (6) lots that are compliant with the R-3 development standards. Lots 1 and 6 are located along Upham Street and contain the existing single-family homes. The subdivision is designed around the preservation of the existing homes. Lots 2-5 will be located to the east behind Lots 1 and 6, and will be accessed by a central private drive that bisects the site. The private drive will allow Planning Commission 3 Case No. WS-21-02 / 3900-3920 Upham St. Subdivision access to all lots which is required by City Code. The subdivision also creates Tract A at the east side of the site, which is designed for drainage (water detention) and landscaping. Each lot has been reviewed for compliance with the R-3 development standards, including minimum lot size and width. Any future development on the rear lots will need to comply with the R-3 standards including setbacks, building height, building coverage, and parking. Lots 2 and 3 (on the north side of the drive) are only eligible for a single-family home, based on lot size and width. Lots 4 and 5 (on the south side) are eligible for a single-family home or a duplex, provided all other development standards can be met. Based on the size of the proposed lots, no multifamily development would be permitted within this subdivision. For this reason, staff will review proposed homes for each individual lot at time of building permit rather than through an overall site plan or planned building group. Easements Several easements are created by this plat to allow adequate infrastructure and access: • The central easement is for service and emergency vehicle access (SEVA), utilities, general access, and maintenance and it allows all lots access to Upham Street and to the utility network. • Tract A is dedicated as a stormwater detention and water quality area. No buildings or structures may be constructed within this area because it is fully encumbered by a detention easement per note 8. • 10’ drainage easements are dedicated along the north and south sides of the property, and between Lots 3 and 4, to allow drainage to flow to Tract A. This area will be landscaped but is also not buildable. Public Improvements The developer will construct public improvements within the dedicated right-of-way on Upham Street, upgrading the existing frontage with a 5-foot attached sidewalk and curb/gutter. These improvements will allow on-street parking on the east side of Upham Street along this property. A street light will also be added on this side of the street. A Subdivision Improvement Agreement (SIA) will ensure all improvements in the public right-of-way and other on-site improvements necessary for the site to function, such as utilities and drive aisles, are in place prior to any future Certificate of Occupancy. The SIA dictates construction and maintenance responsibilities as well as the timing of permit issuance relative to completion of the public improvements. Parkland Dedication The subdivision regulations include a parkland dedication requirement for all residential development based on the assumption that additional residents in the City will impact the demand for parks and open space. The fee is $2,497.29 per residential unit paid at time of building permit issuance. Credit is given for the two existing single-family homes, so fees are only required for any additional dwelling units that are built. IV. AGENCY REFERRALS All affected service agencies were contacted for comment on the subdivision plat regarding the ability to serve the property. Specific referral responses follow. Planning Commission 4 Case No. WS-21-02 / 3900-3920 Upham St. Subdivision Wheat Ridge Engineering Division: The plat is approvable. Civil Construction documents are under final review and must be approved prior to construction and issuance of building permits. Wheat Ridge Building Division: No comments at this time. Any future development will be required to obtain building permits that will be reviewed for compliance with current building codes. West Metro Fire Protection District: No remaining comments. Wheat Ridge Sanitation District: No remaining comments. Applicant to set up service with district. Wheat Ridge Water District: Applicant to set up service with the district and obtain approval from Denver Water. Xcel Energy: No remaining comments. Applicant to work with Xcel to establish service. Century Link: No concerns. Comcast: No concerns. V. STAFF CONCLUSIONS AND RECOMMENDATIONS Staff has concluded that the proposed subdivision plat results in a logical lot layout, including the proposed right-of-way dedication. Staff further concludes that the subdivision plat complies with the standards in Article IV of Chapter 26 of the City Code (subdivision regulations) and that all utility agencies can serve the property. The plat provides for development of a land use that is permitted by the underlying zoning. For these reasons, staff recommends approval of the subdivision plat. VI. SUGGESTED MOTIONS Option A: “I move to recommend APPROVAL of Case No. WS-21-02, a request for approval of a major subdivision on property located at 3900 and 3920 Upham Street and zoned Residential-Three (R-3) for the following reasons: 1. All requirements of the subdivision regulations (Article IV) of the zoning and development code have been met. 2. All agencies can provide services to the property with improvements installed at the developer’s expense. With the following conditions: 1. The applicant shall pay the required fees-in-lieu of parkland dedication at time of each building permit. 2. The developer shall enter into a Subdivision Improvement Agreement with the City at the time of recordation of the subdivision plat. Option B: Planning Commission 5 Case No. WS-21-02 / 3900-3920 Upham St. Subdivision “I move to recommend DENIAL of Case No. WS-21-02, a request for approval of a major subdivision on property located at 3900 and 3920 Upham Street and zoned Residential-Three (R-3), for the following reasons: 1. ...” Planning Commission 6 Case No. WS-21-02 / 3900-3920 Upham St. Subdivision EXHIBIT 1: AERIAL (2020) Planning Commission 7 Case No. WS-21-02 / 3900-3920 Upham St. Subdivision EXHIBIT 2: ZONING MAP Planning Commission 8 Case No. WS-21-02 / 3900-3920 Upham St. Subdivision Attached as an 11x17 document on the following page. EXHIBIT 3: FOX HOLLOW ON UPHAM SUBDIVISION Planning Commission Minutes - 1 – October 21, 2021 PLANNING COMMISSION Minutes of Meeting October 21, 2021 1.CALL THE MEETING TO ORDER The meeting was called to order by Chair LARSON at 7:03 p.m. This meeting was heldin person and virtually, using Zoom video-teleconferencing technology. As dulyannounced and publicly noticed, the City previously approved this meeting format in order to continue with normal business amid the COVID-19 pandemic and the related public emergency orders promulgated by the State of Colorado and the Wheat Ridge CityCouncil. Before calling the meeting to order, the Chair stated the rules and proceduresnecessitated by this virtual meeting format. 2.ROLL CALL OF MEMBERS Commission Members Present:Kristine Disney Daniel Larson Janet Leo Scott Ohm Jahi Simbai Commission Members Absent: Melissa Antol Will Kerns Ari Krichiver Staff Members Present: Lauren Mikulak, Planning Manager Scott Cutler, Senior Planner Zareen Tasneem, Planner 1 Jordan Jefferies, Civil Engineer II Tammy Odean, Recording Secretary 3.PLEDGE OF ALLEGIANCE 4.APPROVE ORDER OF THE AGENDA It was moved by Commissioner DISNEY and seconded by Commissioner LEO toapprove the order of the agenda. Motion carried 5-0. 5.APPROVAL OF MINUTES – October 7, 2021 ATTACHMENT 3 Planning Commission Minutes - 2 – October 21, 2021 It was moved by Commissioner OHM and seconded by Commissioner SIMBAI to approve the minutes of October 7, 2021, as written. Motion carried 5-0. 6.PUBLIC FORUM (This is the time for any person to speak on any subject not appearingon the agenda.) No one wished to speak at this time. 7.PUBLIC HEARING A.Case No. WS-21-02: an application filed by Silver Cloud Properties, LLC forapproval of a 6-lot major subdivision in the Residential-Three (R-3) zone districtlocated at 3900 & 3920 Upham Street. Mr. Cutler gave a short presentation regarding the subdivision and the application.He entered into the record the contents of the case file, packet materials, the zoningordinance, and the contents of the digital presentation. He stated the public notice and posting requirements have been met, therefore the Planning Commission has jurisdiction to hear this case. Commissioner OHM inquired if the property’s right-of-way dedication wouldprovide a detached sidewalk. Mr. Cutler clarified there will be a 5-foot attached sidewalk constructed with the project. Commissioner DISNEY asked if the 2 existing homes are slated to be demolished. Ciaran O’Brian, applicant 3900 Upham St Mr. O’Brian explained that there is no intention to demolish the existing homes and currently there are building permits to remodel the homes. Commissioner LARSON asked from which direction the utilities will come (from Upham Street or the rear of the property) and if Tract A is for storm waterdetention. Mr. Cutler said the utilities will come from Upham Street and will be buried; he also confirmed that Tract A is for stormwater detention. Public Comment Nobody from the public wished to speak. Planning Commission Minutes - 3 – October 21, 2021 Commissioners SIMBAI, OHM and LARSON all agreed that this case was very straight forward, and staff had a good presentation and appreciated the work that was done. It was moved by Commissioner OHM and seconded by Commissioner DISNEY to recommend APPROVAL or case No. WS-21-02, a request for approval of a major subdivision on property located at 3900 and 3920 Upham Street and zoned Residential-Three (R-3) for the following reasons: 1. All requirements of the subdivision regulations (Article IV) of the zoning and development code have been met. 2. All agencies can provide services to the property with improvements installed at the developer’s expense. With the following conditions: 1. The applicant shall pay the required fees-in-lieu of parkland dedication a time of each building permit. 2. The developer shall enter into a Subdivision Improvement Agreement with the City at the time of recordation of the subdivision plat. Motion carries 5-0. B. Case No. MS-21-07: An application filed by Frank Zwolinski with Power Surveying for approval of a minor subdivision to replat 5 lots into 2 lots on property zoned Residential-One C (R-1C) and located at 2844 Depew Street. Ms. Tasneem gave a short presentation regarding the subdivision and the application. She entered into the record the contents of the case file, packet materials, the zoning ordinance, and the contents of the digital presentation. She stated the public notice and posting requirements have been met, therefore the Planning Commission has jurisdiction to hear this case. Commissioner SIMAI asked why the two lots are not equal in size. Damon Decker, applicant 3333 Bryant Street Mr. Decker explained that the original intent was to have both It was moved by Commissioner DISNEY and seconded by Commissioner LEO to recommend APPROVAL of Case No. MS-21-07, a request for approval of a minor subdivision to replat 5 lots into 2 lots on property zoned Residential-One C (R-1C) and located at 2844 Depew Street, for the following reasons: Wheat Ridge Speaks Published Comments for October 21, 2021 Planning Commission Meeting Subdivision at 3900-3900 Upham Street It appears that the City’s staff have done their due diligence regarding this application. Thank you. As someone who lives just north of this development, I look forward to seeing this project go forward as it appears it will add value and stability to this dynamic area. I applaud Silver Cloud Properties LLC for coming up with a proposal that adheres to the existing zoning. This will likely reduce conflict between the City and area residents, enabling the project to proceed smoothly — an improvement over previous development efforts and evidence of hard lessons learned. October 15, 2021, 2:53 PM Rhonda Norman 4110 Upham St. Wheat Ridge, 80033 ATTACHMENT 4 ITEM NO: 2 DATE: November 8, 2021 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 20-2021 – AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING LETTER NOTICE TO PROPERTY OWNERS AND OCCUPANTS FOR DEVELOPMENT APPLICATIONS (CASE NO. ZOA-21-03) PUBLIC HEARING ORDINANCES FOR 1ST READING (10/25/2021) BIDS/MOTIONS ORDINANCES FOR 2ND READING (11/08/2021) RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ _____________________________________ Community Development Director City Manager ISSUE: The City’s zoning code has specific letter notice requirements for development applications including for neighborhood meetings, comment periods, and in advance of public hearings. For most mailings, the code only requires that mailings are sent to property owners which excludes other stakeholders, such as renters or business tenants. This ordinance expands letter notice for development applications to include owners and occupants to provide more inclusive information sharing in the community. PRIOR ACTION: At the strategic planning retreat on February 20, 2021, City Council identified “new community engagement efforts and education” as a priority for the next two years. At a study session on May 3, 2021, staff proposed a workplan related to that priority. Among the ideas for new activities, staff proposed expanded notification requirements to specifically include tenants or occupants (in addition to property owners) in the letter notice associated with land use applications. Letter notice practices were discussed at the August 9, 2021 study session, and City Council consensus was to modify the code to include owners and occupants in mailings. Council Action Form – Letter Notice November 8, 2021 Page 2 Planning Commission reviewed the proposed ordinance at a public hearing on September 16, 2021, and recommended approval. Meeting minutes from the Planning Commission hearing are attached. FINANCIAL IMPACT: Two costs are associated with this ordinance: the new cost associated with the purchase of address data and an increase in postage costs. Both are accounted for in the 2022 budget. Data purchase is estimated to cost about $2000 annually. Postage costs will vary for each mailing. Applicants have historically been charged a notice fee of $120 per public hearing which is meant to include the cost of postage and newspaper publication. This has been increased to a charge of $150 in the 2022 budget. Mailing volume and postage costs will be monitored over time to assess the financial impact. BACKGROUND: Current Code The City Charter and zoning code (Chapter 26) outline the rights of property owners and other stakeholders in relation to development applications. A review of the code reveals the many different provisions distinguish between owners and occupants; these can be organized into three different categories: development rights, objection rights, and a right to information. This code amendment relates to the right to information and mailing notifications that provide information related to pending and active development applications. The zoning code has long required that owners and residents within 600 feet be notified of neighborhood meetings for land use applications. Letter notice for public hearings, however, has historically only gone to property owners, though the radius was increased in 2020 from 300 to 600 feet. For certain other processes in the code, owners remain the only recipient of letter notice. Best Practice Based on a survey of peers, the code and practice in Wheat Ridge is not an outlier. In a review of 12 other Front Range communities, many had a similar approach. About half of communities surveyed include residents, occupants, or physical addresses in letter notice in addition to property owners. Increasingly, however, the approach to public notice and engagement is shifting with many communities reexamining historical practice and expanding efforts to inform and engage. The American Planning Association (APA) periodically publishes policy guides representing the organization’s official position on critical planning issues. The APA’s 2019 Planning for Equity Policy Guide acknowledges that “neighborhood power structures have been dominated by single- family homeowners who are often predominantly white and above median income.”1 It does not specifically address a right to protest or right to information but notes that “inclusion acknowledges social impact and gives value to local knowledge.” 1 The Planning for Equity Policy Guide was published by the American Planning Association in 2019 and is available for download from the APA’s website: https://planning.org/publications/document/9178541/ Council Action Form – Letter Notice November 8, 2021 Page 3 Expanding notice for development applications to include occupants in addition to owners would be consistent with planning best practices. Additionally, it would be consistent with the City’s Comprehensive Plan in which Community Services Goal #7 aspires to “make all aspects of City government transparent, engaging, and accessible for all community members.” Proposed Code Amendment The attached ordinance modifies the code to include owners and occupants in the letter notice associated with public hearings and certain comment periods for development applications. Several code sections are updated for consistency to use the term “occupant.” This term was specifically selected over other options such as resident, tenant, and address. The term “resident” excludes non-residential occupants which is counter to the policy goal of inclusive notice. The term “address” does not provide sufficient clarity and is too impersonal—the goal is to notify more people not more addresses. Lastly, while the term “tenant” was used during prior study sessions, this term connotates a leasehold interest and again is potentially more limiting than intended. The phrase “owners and occupants” reflects the policy goal of notifying all owners of properties and all current occupants of those properties. This ordinance does not change any objection, appeal, or development rights associated with development applications. The ordinance includes a few clean up items, including an update from certified mail to first-class mail which appears to have been overlooked in a 2014 code amendment (Ordinance 1548). With this code amendment, staff will purchase address data, and mailings initiated after the effective date of the ordinance (15 days after final publication) will include all owners and occupants within a prescribed mailing radius. RECOMMENDATIONS: Staff recommends approval of the ordinance. RECOMMENDED MOTION: “I move to approve Council Bill No. 20-2021, an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws concerning letter notice to property owners and occupants for land use applications, on second reading and that it take effect 15 days after final publication.” Or, “I move to postpone indefinitely Council Bill No. 20-2021, an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws concerning letter notice to property owners and occupants for development applications, for the following reason(s) _________________.” Council Action Form – Letter Notice November 8, 2021 Page 4 REPORT PREPARED/REVIEWED BY: Lauren Mikulak, Planning Manager Ken Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 20-2021 2. Planning Commission Meeting Minutes September 16, 2021 ATTACHMENT 1 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER _______ COUNCIL BILL NO. 20 ORDINANCE NO. ___ SERIES 2021 TITLE: AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING LETTER NOTICE TO PROPERTY OWNERS AND OCCUPANTS FOR DEVELOPMENT APPLICATIONS WHEREAS, the City of Wheat Ridge is a home rule municipality having all powers conferred by Article XX of the Colorado Constitution; and WHEREAS, the City Council has exercised these powers by the adoption of Chapter 26 of the Wheat Ridge Code of Laws (the “Code”) concerning zoning and development; and WHEREAS, the City places a high value on notifying community members of development applications that may impact their neighborhoods; and WHEREAS, the City Council wishes to improve public notice by requiring that both property owners and occupants receive notification letters for pre-application neighborhood meetings, public hearings, and certain public comment periods for development applications. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 26-109.A of the Code of Laws, regarding letter notice procedures for pre-application neighborhood meetings, is amended to read: A. Pre-application neighborhood meeting. Prior to submitting any application, for approval which requires a neighborhood meeting under the provisions of section 26-106, Review process chart, an applicant shall be required to do the following: 1. Applicant shall, by regular FIRST CLASS mail or by pamphlet or flyer personally delivered, notify all PROPERTY OWNERS AND OCCUPANTS residents within six hundred (600) feet of the area subject to the land use application of a meeting to be held, at a time and place selected by THE applicant but reasonably calculated to be convenient both to THE applicant and those PROPERTY OWNERS AND OCCUPANTS residents notified, for the purpose of allowing the applicant to present to said PARTIES residents the nature, character and extent of the action requested by THE applicant, and further to allow SAID PARTIES the residents to give input to the applicant regarding said proposal. 2. The intent of THE NEIGHBORHOOD MEETING this proposal is to give adequate opportunity for both applicants, PROPERTY OWNERS, and OCCUPANTS residents to give and receive input regarding proposed projects prior to their -2- formal submission so that the projects are carefully designed and conceived to be compatible with surrounding neighborhoods. It is not the intent of the city council to require formal agreements between applicants and PROPERTY OWNERS OR OCCUPANTS residents prior to submission of applications, nor is any applicant to be denied the right to proceed to any required or permitted hearings regarding such application because no agreement is reached. Rather, the city council by this subsection is encouraging reasonable, honest, good faith communication between residents PROPERTY OWNERS, OCCUPANTS and applicants, and vice versa. Section 2. Section 26-109.D of the Code of Laws, regarding general letter notice procedures for public hearings, is amended to read: D. Letter notice. At least fifteen (15) days prior to any public hearing which requires notification by letter, the director of community development shall cause to be sent, by first class mail, a letter to adjacent property owners AND OCCUPANTS within six hundred (600) feet of the property under consideration and to PROPERTY owners AND OCCUPANTS of property included within the area under consideration. The letters shall specify the kind of action requested; the hearing authority; the time, date and location of hearing; and the location of the parcel under consideration by address or approximate address. Failure of a property owner OR OCCUPANT to receive a mailed notice will not necessitate the delay of a hearing by the hearing authority and shall not be regarded as constituting inadequate notice. Section 3. Section 26-113.B of the Code of Laws, regarding letter notice for City-initiated rezoning public hearings, is amended to read: B. Procedure and notice: 1. General. The city council may, at a regular or special meeting, initiate this rezoning procedure by adoption of a resolution setting forth the general area of the proposed rezoning, stating the intended purpose and objectives to be achieved by the rezoning, and referring the matter to the planning commission for a public hearing and recommendation. […] c. All other city-initiated rezonings: A city-initiated rezoning shall, in addition to the newspaper notice required by subsection b above, be noticed by FIRST CLASS certified mail notice sent to all PROPERTY owners of record of real property AND OCCUPANTS included within the area to be rezoned at least fifteen (15) days prior to the date of public hearing. -3- Section 4. Section 26-114.C of the Code of Laws, regarding letter notice procedures for special use permits, is amended to read: C. Application form and review procedures: […] 5. Upon receipt of a complete application packet, the community development department shall proceed with the following process: […] b. After acceptance and review, the community development director shall notify adjacent property owners AND OCCUPANTS by letter notice and posting of the site for ten (10) days that a special use is requested for the property. Section 5. Section 26-115.C of the Code of Laws, regarding letter notice procedures for administrative variances, is amended to read: C. Variances: 1. Administrative variances fifty (50) percent or less: The director of community development is empowered to decide upon applications for administrative variances from the strict application of any of the "development standards" pertaining to zone districts in article II and sections 26-501 (Off-street parking) and 26-502 (Landscaping requirements), and 26-603 (Fencing) and Article VII (Signage) of this chapter, which apply throughout the various zone district regulations and in other situations which may be specifically authorized in the various sections, without requirement of a public hearing, under the following conditions: […] c. The director of community development has notified adjacent property owners AND OCCUPANTS by letter notice and posting of the site at least ten (10) days prior to rendering his decision, and that no objections have been received during such ten-day period. Any objections must be received in writing and be directly related to concerns regarding the request. General objections regarding existing land use conditions or issues not related to the request will not be considered grounds for objection. -4- Section 6. Section 26-115.D of the Code of Laws, regarding temporary permits, is amended to read: A. Temporary permit for uses, buildings, signs and nonoperative vehicles. […] 2. One-month temporary permit: The director of community development is empowered to decide upon applications for temporary buildings, uses or signs which would not otherwise be permitted in a particular district, without requirement of a public hearing, under the following conditions: […] d. The director of community development has notified adjacent property owners AND OCCUPANTS in a form and manner as required for minor variances as set forth in section 26-109, and has received no objections. Any objections must be received in writing and be directly related to concerns regarding the request. General objections regarding existing land use conditions or issues not related to the request will not be considered grounds for objection; […] Section 7. Section 26-119.E of the Code of Laws, regarding letter notice for zone district interpretations, is amended to read: E. Administrative and minor adjustments to the official zoning map. Where the zoning district boundary cannot be interpreted in accordance with subsections B. through D. above, the community development director may make an administrative adjustment in accordance with this subsection E. 1. Procedure for administrative adjustments. An application for an adjustment to the official zoning map may be made to or initiated by the community development director. The community development director may administratively amend the official zoning map under the following conditions: […] d. The community development director has notified adjacent property owners AND OCCUPANTS by letter notice and posting of the site at least ten (10) days prior to rendering his decision, and that no objections have been received during such ten day period. Any objections must be received in writing and be directly related to the proposed boundary adjustment. General objections regarding existing land use conditions or issues unrelated to the boundary adjustment will not be considered valid objections for purposes of this provision. -5- Section 8. Section 26-1116.C of the Code of Laws, regarding notice of neighborhood meetings for large concept plans in mixed use zone districts, is amended to read: C. For sites ten (10) acres in size or more, a neighborhood meeting shall be required prior to submittal of the concept plan application. The applicant shall notify all property owners within six hundred (600) feet of the development site and follow the neighborhood meeting requirements per section 26-109.A.1. Section 9. Section 26-1116.F of the Code of Laws, regarding notice procedures for public comment periods for large concept plans in mixed use zone districts, is amended to read: F. Public comment period. For sites ten (10) acres in size or more, upon submittal of the concept plan application, the applicant shall notify adjacent property owners AND OCCUPANTS that the application is available on file at the community development department for review, in a manner required for neighborhood meetings, subject to section 26-109.A.1. Public comments related to the proposed concept plan may be submitted to the community development department within fifteen (15) days of the original date of notification. Section 10. Severability Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 11. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. Any mailing initiated after the effective date shall comply with this Ordinance. INTRODUCED, READ, AND ADOPTED on first reading by a vote of __ to __ on this 25th day of October 2021, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for November 8, 2021, at 7:00 p.m., as a virtual meeting and in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado, if allowed to meet in person on that date per COVID-19 restrictions. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of ___ to ___, this ___ day of _____ , 2021. SIGNED by the Mayor on this ____ day of _____ 2021. ______________________________ Bud Starker, Mayor -6- ATTEST: _________________________ Steve Kirkpatrick, City Clerk Approved as to Form _________________________ Gerald Dahl, City Attorney 1st publication: October 28, 2021 2nd publication: Jeffco Transcript: Effective Date: _______ ATTACHMENT 2 ITEM NO: 3 DATE: November 8, 2021 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 21-2021 – AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT APPROXIMATELY 4051 CLEAR CREEK DRIVE FROM PLANNED COMMERCIAL DEVELOPMENT (PCD) TO PLANNED MIXED USE DEVELOPMENT (PMUD) (CASE NO. WZ-21-04) PUBLIC HEARING ORDINANCES FOR 1ST READING (11/8/2021) BIDS/MOTIONS ORDINANCES FOR 2ND READING (12/13/2021) RESOLUTIONS QUASI-JUDICIAL: YES NO _____________________________ Community Development Director City Manager ISSUE: The applicant is requesting approval of a zone change from Planned Commercial Development (PCD) to Planned Mixed Use Development (PMUD) with an Outline Development Plan (ODP) for property located at approximately 4051 Clear Creek Drive. The request will add an additional planning area (Planning Area 9) to Clear Creek Crossing. PRIOR ACTION: Planning Commission reviewed this request at a public hearing held on October 21, 2021 and recommended approval. The staff report and a copy of the draft Planning Commission minutes will be provided with the second reading materials. FINANCIAL IMPACT: Fees in the amount of $2,662.50 were collected for the review and processing of Case No. WZ-21-04. If the rezoning is approved, the City will benefit from various fees collected from future development applications, such as building permit fees and use tax. BACKGROUND: Council Action Form – Proposed Rezoning at Clear Creek Crossing November 8, 2021 Page 2 The site is located beyond the current northern terminus of Clear Creek Drive, on the west side of the Clear Creek Drive right-of-way and north of W. 40th Avenue. The existing street currently ends as a cul-de-sac with a trail extending to Clear Creek. To the west of the property is unincorporated Jefferson County, to the north and east is the Clear Creek Crossing development (currently under construction), and to the south is a Coors Brewing Company water storage facility. Coors currently owns the subject property, and there is a minor lot line adjustment underway to allow the transfer of ownership to Evergreen and creating the approximately 13 acre site. There is an 80-foot wide Denver Water easement that covers Clear Creek Drive to the northeast and parallel to the northeast property line. The property is zoned Planned Commercial Development (PCD) and development standards are regulated by the 2011 Clear Creek Crossing PCD Outline Development Plan (ODP). The site is currently vacant land. The water storage facility is also zoned PCD and the adjacent Clear Creek Crossing development is in the 2018 Clear Creek Crossing Planned Mixed Use Development (PMUD) ODP. Current Zoning The existing PCD zoning on the property was established in 2011 with the Clear Creek Crossing Planned Commercial Development Concept ODP, which included the entire current Clear Creek Crossing PMUD site, and the subject property. At the time, the project was owned by Cabela’s and proposed to be anchored by a Cabela’s and Walmart Superstore. The subject property was in Planning Area 7 (PA-7) of the PCD. The zoning allowed for a wide range of commercial uses, including retail, office, and some special uses including campgrounds. Residential uses were not permitted. Under the PCD, development on the site was severely restricted by a limit on the “floor area ratio” (FAR) for this site to 0.08 FAR. A campground (at the time conceptually planned for the Boy Scouts) was a permitted use, but those plans did not come to fruition. The low FAR and low intensity use was intended to balance out the significantly higher FAR and development that had been proposed for the site at the time, including the Cabela’s and Walmart. The original PCD included land owned by Jefferson County, Cabela’s, and Coors. Evergreen purchased the property owned by Jeffco and Cabela’s which was about 100 acres in size and comprised a majority of the original PCD. In 2018, Evergreen rezoned that property to PMUD for what is now described as Clear Creek Crossing. The subject site remained under Coors’ ownership and has remained vacant. Proposed Zoning The proposed PMUD zoning is required in order to accommodate the proposed residential use and to remove the FAR restrictions on this property. It’s also necessary to ensure compatible site and building design. The proposed zoning incorporates many standards and principles of the Clear Creek Crossing ODP and Design Pattern Book approved in 2018. However, the rezoning for the subject property is considered a stand-alone application with its own customized standards with the creation of Planning Area 9. The proposed rezoning consists of two documents: Council Action Form – Proposed Rezoning at Clear Creek Crossing November 8, 2021 Page 3 1. Homestead District Expansion ODP of Planning Area 9: This is the ODP document that establishes the zoning boundary, character of development, permitted uses, and general site boundaries, access points, and open space. 2. Design Pattern Book (DPB) for Planning Area 9 – Homestead District Expansion: This is an independent document from the existing DPB for Clear Creek Crossing and contains details on the design review process, concept site plans, a site analysis, detailed development standards, a diagram of the planning area, additional open space details, and signage standards. This document makes some cross references to the overall DPB for Clear Creek Crossing, as many of the proposed standards are the same. These two documents as well as a full analysis of the zone change criteria will be provided at second reading. RECOMMENDATIONS: The application in this case is for the rezoning of property. This action is quasi-judicial, and as a result, the applicant is entitled to a public hearing on the application. As Council is aware, rezoning in Wheat Ridge is accomplished by ordinance (Charter Sec. 5.10; Code Section 26-112). Ordinances require two readings, and by Charter, the public hearing takes place on second reading. First reading in these cases is a procedural action that merely sets the date for the (second reading) public hearing. No testimony is taken on first reading. Because it is important that the applicant and all interested parties have their due process rights to a hearing, the City Attorney advises Council to approve rezoning ordinances on first reading. This merely sets the date for the public hearing, and for this reason, the packet materials provided on first reading are generally limited. The Planning Commission packet and minutes will be included in the City Council packet for the public hearing. RECOMMENDED MOTION: “I move to approve Council Bill No. 21-2021, an ordinance approving the rezoning of property located at approximately 4051 Clear Creek Drive from Planned Commercial Development (PCD) to Planned Mixed Use Development (PMUD) on first reading, order it published, public hearing set for Monday, December 13, 2021 at 7 p.m. as a virtual meeting and in City Council Chambers if allowed to meet in person on that date per COVID-19 restrictions, and that it take effect 15 days after final publication.” REPORT PREPARED/REVIEWED BY: Scott Cutler, Senior Planner Lauren Mikulak, Planning Manager Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 21-2021 ATTACHMENT 1 CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER __________ COUNCIL BILL NO. 21-2021 ORDINANCE NO. _________ Series of 2021 TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT APPROXIMATELY 4051 CLEAR CREEK DRIVE FROM PLANNED COMMERCIAL DEVELOPMENT (PCD) TO PLANNED MIXED USE DEVELOPMENT (PMUD) (CASE NO. WZ-21-04) WHEREAS, Chapter 26 of the Wheat Ridge Code of Laws establishes procedures for the City’s review and approval of requests for land use cases; and, WHEREAS, Evergreen-Clear Creek Crossing has submitted a land use application for approval of a zone change to the Planned Mixed Use Development (PMUD) zone district with an Outline Development Plan (ODP) and Design Pattern Book for property located at approximately 4051 Clear Creek Drive in Block 5 of Clear Creek Crossing; and, WHEREAS, the City of Wheat Ridge has adopted a comprehensive plan—Envision Wheat Ridge—which calls for a mix of land uses in Clear Creek Crossing; and, WHEREAS, the proposed zoning will promote well-designed development that is compatible with the character and uses of the balance of the Clear Creek Crossing development; and, WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing on October 21, 2021 and voted to recommend approval of rezoning the property, NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Upon application by Evergreen-Clear Creek Crossing for approval of a zone change ordinance from Planned Commercial Development (PCD) to Planned Mixed Use Development (PMUD) with an Outline Development Plan (ODP) and Design Pattern Book for property located at approximately 4051 Clear Creek Drive, and pursuant to the findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, a zone change is approved for the following described land: A parcel of land being all of Lot 1, Block 5 and a portion of Lot 2, Block 5 Clear Creek Crossing Filing No. 3 recorded at Reception Number 2019087681, located in the Northeast Quarter of Section 30 and the Southeast Quarter of Section 29, Township 3 South, Range 69 West of the Sixth Principial Meridian, City of Wheat Ridge, County of Jefferson, State of Colorado. Section 2. Vested Property Rights. Approval of this zone change does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26-121 of the Code of Laws of the City of Wheat Ridge. Section 3. Safety Clause. The City of Wheat Ridge hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4. Severability; Conflicting Ordinance Repealed. If any section, subsection or clause of the ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 5. Effective Date. This Ordinance shall take effect 15 days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of __ to __ on this 8th day of November, 2021, ordered it published with Public Hearing and consideration on final passage set for Monday, November 22, 2021 at 7:00 o’clock p.m., as a virtual meeting and in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado if allowed to meet in person on that date per COVID-19 restrictions, and that it takes effect 15 days after final publication. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of _____ to _____, this _____ day of ___________, 2021. SIGNED by the Mayor on this _______ day of _______________, 2021. ______________________________________ Bud Starker, Mayor ATTEST: _______________________________________ Stephen Kirkpatrick, City Clerk Approved as to Form _______________________________________ Gerald Dahl, City Attorney 1st publication: 2nd publication: Wheat Ridge Transcript: Effective Date: ITEM NO: 4 DATE: November 8, 2021 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE PAYMENT TO TIIMO MANG WITH AETHYRWORKS, LLC, IN THE AMOUNT OF $185,000 FOR HIS PUBLIC ART PIECE ENTITLED “AGRARIAN CALLING” TO BE INSTALLED AT THE CLEAR CREEK CROSSING SITE PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO __________________________________ _____________________________ Director of Parks and Recreation City Manager ISSUE: The Clear Creek Crossing site development includes a public art project. The process for selecting public art is defined in the Public Art Management Plan. Per this process, a public art piece entitled “Agrarian Crossing” by artist Tiimo Mang has been commissioned. Mang’s proposal was selected by an appointed committee for recommendation to the Cultural Commission. The Commission then makes a recommendation to City Council for acceptance and purchase. The purchase price of $185,000 includes design, construction, installation and documentation. PRIOR ACTION: The Cultural Commission recommended purchase of the sculpture on October 13, 2021. City Council adopted the Public Art Management Plan on July 22, 2002. FINANCIAL IMPACT: The cost for this acquisition is $185,000. The funds for this purchase are appropriated in the Public Art Fund in the amount off $192,482. Council Action Form – Award for Public Art at Clear Creek Crossing November 8, 2021 Page 2 BACKGROUND: The policies and procedures for this selection are based on the Public Art Management Plan adopted by the Wheat Ridge City Council. The public art selection committee included a Cultural Commission representative, two community representatives, a visual artist, an elected representative, a City staff representative, and a site agency representative from Clear Creek Crossing. RECOMMENDATIONS: The Cultural Commission recommends approval of the purchase of this art piece for placement at the Clear Creek Crossing site. RECOMMENDED MOTION: “I move to approve payment to Tiimo Mang with Aethyrworks, LLC in the amount of $185,000 for his public art piece entitled “Agrarian Calling” to be installed at the Clear Creek Crossing site. Or, “I move to deny payment to Tiimo Mang with Aethyrworks, LLC in the amount of $185,000 for his public art piece entitled “Agrarian Calling” to be installed at the Clear Creek Crossing site for the following reasons __________________.” REPORT PREPARED/REVIEWED BY: Karen A. O’Donnell, Director of Parks & Recreation Patrick Goff, City Manager ATTACHMENTS: 1. Public Art Consultant’s Presentation Wheat Ridge Public Art: Clear Creek Crossing November 8, 2021 Kendall Peterson, Consultant, ThereSquared LLC ATTACHMENT 1 About Clear Creek Crossing Clear Creek Crossing is a 110-acre mixed use development currently under construction at the intersection of I-70 and Hwy 58 at Clear Creek Dr in Wheat Ridge. A public-private partnership with its foundation built on improving local transportation infrastructure, the first phase added I-70 westbound ramps at Clear Creek Dr, just north of 32nd Ave. Improved access will lead the way for this exciting new mixed-use development including public spaces as well as trail networks, all connecting the Clear Creek Regional Trail to nearby neighborhoods. Key features include: •26-acre SCL Health campus •Outlook Clear Creek, a 310-unit luxury apartment community •New restaurants, shopping, apartments, hotels, recreation and interesting public spaces to the City of Wheat Ridge and the Applewood neighborhood. Trailhead Public Art at Clear Creek Crossing EXTERIOR ARTWORK FOR CLEAR CREEK CROSSING BUDGET $185,000 (all inclusive) A seven-person Art Selection Committee for Clear Creek Crossing met 4.15.21 to discuss the site and determine criteria for public art. A Request for Qualifications was issued for artwork that is: •prominently sited and constructed with an eye to future maintenance; •consistent with design guidelines that have been established for the development; •is sited near the “village center” or a trailhead area close to Clear Creek wherelocal and regional pedestrian and bike trails make connections; •consistent with “Modern Agrarian” narrative of the development, the history ofthe location, the agricultural heritage of this area and the natural landscapes nearClear Creek; and •complementary to the natural environment and make connections to the site andcommunity. Selection Committee Cultural Commission Representative Megan Schneckenburger Community Representative Jerith Gronski Community Representative Ron Abo Visual Artist Patti Barry Levy, Photographer Elected Representative Amanda Weaver, City Council District III City Staff Representative Ken Johnstone, Dir. Development and Planning Site Agency Representative Christine McRight, Evergreen Art Selection Process: Timeline Overview of Art Selection Process: •Decision on criteria and project guidelines (Meeting 4/15/21) •Request for Qualifications (RFQ) sent via CAFÉ •Artists submit qualifications (artist statement, slides of past work, resume,etc.) •Selection Committee selects Semi-Finalists (Meeting 6/11/21) •Artists visit site (7/2/21); Christine McRight attends for site information •Artists create proposals for the site. •Artists present proposals (Meeting 10/6/21); Selection Committeerecommended Finalist for approval. •Finalist approved unanimously by the Cultural Council, 10/12/21 •Seeking City Council approval,11/8/21. Short-Listed Artists: Tiimo Mang “Agrarian Calling” •Community meeting place •Silo-shaped (52’ high) •Steel chimes •Simple and robust •Benches and landscape included •Introduces element of sound •Artist is a former contractor •2 proposals were shown; “Agrarian Calling” was preferred Short-Listed Artists: Patrick Marold Short-Listed Artists: Kevin Schaffer Short-Listed Artists: Mary Williams Short-Listed Artists: Chevo Studio & Andy Dufford “Home to Headwaters” •Multiple concepts presented to spread artwork throughout the campus •Threshhold for the mountain and plain; the headwaters for Clear Creek •Stone, metal, inlays, etc. •Trailhead or other locations in area •Shade structure; educational and wayfinding opportunities •Difficult to know what exactly the artist was proposing Comments: •Simple and elegant design for trailhead area •Maintenance-friendly •Symbolic and iconic for the area •Meeting place •Element of sound is terrific; makes it accessible for sight impaired •Confirm with the artist that he can deliver the scale of 52’ and shape of the silo. Selected artist by unanimous consent: Tiimo Mang Comments: •More refined and elegant design •Maintenance-friendly •Contemporary design •Beautiful for a plaza element •Wheat Ridge graduate •Possible additional artwork for the SCL Campus. Site representative from Evergreen will introduce proposal to managers for SCL development. Runner Up Artist: Patrick Marold Total budget for Tower Road Art: $190,000 CAFÉ, meetings, etc. : $1,500 Honorariums for Artists (5) $3,750 Contract with Artist: $185,000 Public Art Budget Recommendation: Tiimo Mang is selected for a contract for the design, construction and installation of public art at Clear Creek Crossing. Total contract will be all-inclusive with Artist: $185,000 ITEM NO: 5 DATE: November 8, 2021 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 55-2021 – A RESOLUTION ADOPTING THE JEFFERSON COUNTY MULTI-HAZARD MITIGATION PLAN, 2021 UPDATE PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO ______________________________ __________________________ Community Development Director City Manager ISSUE: The Federal Disaster Mitigation Act of 2000 requires an adopted natural hazard mitigation plan to be updated every five years as a condition of future funding for mitigation projects under Federal Emergency Management Agency (FEMA) pre- and post-disaster mitigation grant programs. Therefore, the 2021 update of the Jefferson County Multi-Hazard Mitigation Plan, needs to be adopted by Council to replace the 2016 version. PRIOR ACTION: The City Council adopted the 2016 Comprehensive Update to the Jefferson County Multi- Hazard Mitigation Plan on August 22, 2016. FINANCIAL IMPACT: Adopting this comprehensive update to the previously approved plan has no immediate financial impact on the City. However, adopting this updated plan will assist in maintaining or improving the City’s CRS rating which will result in savings to residents who have floodplain insurance policies. BACKGROUND: Mitigation planning begins with the identification of the natural hazards that may impact the City. Once these hazards have been identified, risk assessments are conducted to determine the geographical areas that may be impacted by each hazard. The information from the risk Council Action Form – Jefferson County Multi-Hazard Plan, 2021 Update November 8, 2021 Page 2 assessment identifies vulnerable areas within and around the City. The last step is to identify potential future projects that will reduce the impact of the identified hazards on the City. The plan will need to be updated again in 2026. The public comment period for this update ended on June 25, 2021. A virtual public meeting forum was held in early June 2021. After public comments were incorporated, the plan was reviewed by the Colorado Office of Emergency Management (COOEM) and FEMA from July through September. FEMA approved the plan in mid-September pending adoption by the City and other partner agencies. The plan was presented to Council at a study session on October 18, 2021. Consensus was provided to proceed with bring the plan to Council on November 8, 2021. The cover page, table of contents, and executive summary of the plan are included as Attachment 1, the full plan is almost 300 pages. Annex E, for the City of Wheat Ridge is included as Attachment 2 and contains all of the elements of the overall plan that are specific to the City. The community Rating System (CRS) is a voluntary incentive program managed by the National Flood Insurance Program (NFIP). The CRS program recognizes and encourages locally managed floodplain management that exceeds minimum NFIP standards and in turn provides discounted flood insurance rates to the City. Adopting this update will help to maintain the City’s CRS Class 5 rating and the resulting 25% discount that the City’s flood insurance policy holders receive. Only nine other communities in Colorado and 160 communities nationwide, of 1,523 CRS communities nationwide, are rated at a Class 5 or above. An up-to-date and adopted hazard mitigation plan is an essential component of the City’s CRS program and provides a significant number of points, 240, towards reaching the minimum 2,500 points needed for the City’s current Class 5 rating. Having an up-to-date mitigation plan also satisfies one of the pre-requisites to reach a Class 4 rating, with a resulting 30% discount. Another pre-requisite for Class 4 is preparing a Watershed Master Plan, which staff will be exploring, and may provide enough points to reach the minimum 3,000 points to be a Class 4 CRS city. There is only one community in Colorado and 20 communities nationwide with ratings above a Class 5. Keeping the City’s high Class 5 rating and 25% discount is critical as flood insurance rates continue to rise for many policy holders due to ongoing changes in how those rates are calculated. In fact, FEMA’s new Risk Rating 2.0 became effective on October 1, 2021 for new policy holders and will be effective on April 1, 2022 for all policy holders. Staff is still researching the full impact that Risk Rating 2.0 will have on the City’s policy holders. The primary goal of Risk Rating 2.0 is to have the rate for each property to be such that it accurately reflects the risk for that particular property. Although rate increases will still be capped at 18 percent/year for most policy holders, many rates will rise at that maximum of 18% annual amount until the rates reach full risk rate for that property which could be several thousand dollars annually for some properties. RECOMMENDATIONS: Staff recommends adoption of this update to the Jefferson County Multi-Hazard Mitigation Plan as an official plan. This updated plan will aid in future planning of projects that will lessen the impact of a natural disaster on the community and will help maintain the City’s CRS rating. Council Action Form – Jefferson County Multi-Hazard Plan, 2021 Update November 8, 2021 Page 3 RECOMMENDED MOTION: I move to approve Resolution No. 55-2021, a resolution adopting the Jefferson County Multi- Hazard Mitigation Plan, 2021 Update.” Or, “I move to table Resolution No. 55-2021, a resolution adopting the Jefferson County Multi- Hazard Mitigation Plan, 2021 Update, for the following reason(s) _____________________.” REPORT PREPARED BY: Mark Westberg, Projects Supervisor Steve Nguyen, Engineering Manager Ken Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 55 -2021 2. Excerpt from Draft 2021 Jefferson County Multi-hazard Mitigation Plan 3. Annex E (City of Wheat Ridge) from 2021 Jefferson County Multi-hazard Mitigation Plan CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 55-2021 Series of 2021 TITLE: A RESOLUTION ADOPTING THE JEFFERSON COUNTY MULTI-HAZARD MITIGATION PLAN 2021 UPDATE WHEREAS, the City of Wheat Ridge is a home rule municipality operating under a charter approved by its electors and governed by its City Council; and WHEREAS, natural hazards in Jefferson County have historically caused significant disasters with losses of life and property and natural resources damage, and WHEREAS, under the Federal Disaster Mitigation Act of 2000, an adopted multi- hazard mitigation plan is required to be updated every five years as a condition of future funding for mitigation projects under multiple FEMA pre- and post-disaster mitigation grant programs; and WHEREAS, undertaking hazard mitigation actions will reduce the potential for harm to people and property from future hazard occurrences; and WHEREAS, a comprehensive update to an approved Multi-hazard Mitigation Plan has been prepared in accordance with FEMA requirements 44 C.F.R. 201.6, and WHEREAS, The City of Wheat Ridge has fully participated in the FEMA prescribed mitigation planning process to prepare this comprehensive update to the approved Multi-hazard Mitigation Plan; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: Section 1. The City Council adopts the 2021 Update to the Jefferson County Multi-Hazard Mitigation Plan as this jurisdiction’s Multi-Hazard Mitigation Plan and resolves to execute the actions in the Plan. Section 2. This Resolution shall be effective upon adoption. ATTACHMENT 1 DONE AND RESOLVED this 8th day of November 2021. Bud Starker, Mayor ATTEST: Steve Kirkpatrick, City Clerk Jefferson County Hazard Mitigation Plan State Review Draft July 2021 Hazard Mitigation Plan Table of Contents 2021-2026 Page i Contents 1 Introduction ...................................................................................................................................... 1-1 1.1 Executive Summary ................................................................................................................. 1-1 1.2 Background .............................................................................................................................. 1-2 1.3 Purpose and Scope .................................................................................................................. 1-4 2 Community Profile........................................................................................................................... 2-1 2.1 Geography and Climate ........................................................................................................... 2-1 2.2 Population ................................................................................................................................. 2-4 2.3 Social Vulnerability .................................................................................................................. 2-5 2.4 History ..................................................................................................................................... 2-13 2.5 Economy ................................................................................................................................. 2-13 2.6 Land Use and Development Trends ..................................................................................... 2-14 2.7 Capabilities Assessment ....................................................................................................... 2-15 2.7.1 Regulatory Mitigation Capabilities ...................................................................................... 2-15 2.7.2 Administrative/Technical Mitigation Capabilities ................................................................ 2-22 2.7.3 Fiscal Mitigation Capabilities .............................................................................................. 2-23 2.7.4 Other Mitigation Efforts ....................................................................................................... 2-24 2.7.5 Opportunities for Enhancement .......................................................................................... 2-26 3 Planning Process ............................................................................................................................ 3-1 3.1 Background on Mitigation Planning in Jefferson County ................................................... 3-1 3.2 What's New in the Plan Update ............................................................................................... 3-1 3.3 Local Government Participation ............................................................................................. 3-3 3.4 The 10-Step Planning Process ................................................................................................ 3-4 3.4.1 Phase 1: Organize Resources ............................................................................................. 3-5 3.4.2 Phase 2: Assess Risks ....................................................................................................... 3-15 3.4.3 Phase 3: Develop the Mitigation Plan ................................................................................ 3-15 3.4.4 Phase 4: Implement the Plan and Monitor Progress.......................................................... 3-16 4 Risk Assessment ............................................................................................................................. 4-1 4.1 Hazard Identification ................................................................................................................ 4-2 4.1.1 Results and Methodology ..................................................................................................... 4-2 4.1.2 Hazard Identification Summary ............................................................................................ 4-2 4.1.3 Hazards Not Profiled ............................................................................................................ 4-4 4.1.4 Disaster Declaration History ................................................................................................. 4-4 4.2 Asset Summary ........................................................................................................................ 4-6 4.2.1 Population and Structures .................................................................................................... 4-6 4.2.2 Critical Facilities, Infrastructure, and Other Important Community Assets........................... 4-9 4.2.3 Natural, Historic, and Cultural Resources .......................................................................... 4-10 4.2.4 Growth and Development Trends ...................................................................................... 4-17 4.3 Hazard Profiles ....................................................................................................................... 4-20 4.3.1 Profile Methodology ............................................................................................................ 4-20 4.3.2 Avalanche ........................................................................................................................... 4-24 4.3.3 Dam Failure/Incidents ........................................................................................................ 4-28 4.3.4 Drought ............................................................................................................................... 4-47 4.3.5 Earthquake ......................................................................................................................... 4-57 4.3.6 Erosion and Deposition ...................................................................................................... 4-72 4.3.7 Expansive Soils .................................................................................................................. 4-78 Hazard Mitigation Plan Table of Contents 2021-2026 Page ii 4.3.8 Extreme Temperatures ....................................................................................................... 4-86 4.3.9 Flood ................................................................................................................................... 4-95 4.3.10 Hailstorms .................................................................................................................... 4-132 4.3.11 Landslides, Debris Flows, and Rockfalls ..................................................................... 4-138 4.3.12 Lightning ....................................................................................................................... 4-146 4.3.13 Severe Winter Storms .................................................................................................. 4-152 4.3.14 Subsidence .................................................................................................................. 4-159 4.3.15 Tornado ........................................................................................................................ 4-166 4.3.16 Wildfire ......................................................................................................................... 4-173 4.3.17 Windstorm .................................................................................................................... 4-194 4.3.18 Cyber Attack ................................................................................................................. 4-203 4.3.19 Pandemic ..................................................................................................................... 4-208 5 Mitigation Strategy .......................................................................................................................... 5-1 5.1 Goals and Objectives ................................................................................................................ 5-1 5.2 Progress on Previous Mitigation Actions ............................................................................... 5-3 5.2.1 Continued Compliance with NFIP ........................................................................................ 5-4 5.3 Identification of Mitigation Actions ....................................................................................... 5-4 5.3.1 Prioritization Process .......................................................................................................... 5-5 5.4 Mitigation Action Plan ............................................................................................................. 5-6 6 Plan Implementation and Maintenance ......................................................................................... 6-1 6.1 Implementation ......................................................................................................................... 6-1 6.1.1 Role of the All-Hazard Mitigation Planning Committee in Implementation and Maintenance ... .............................................................................................................................................. 6-1 6.2 Plan Maintenance ..................................................................................................................... 6-2 6.2.1 Monitoring ............................................................................................................................. 6-2 6.2.2 Evaluation ............................................................................................................................. 6-2 6.2.3 Updates ................................................................................................................................ 6-3 6.3 Integration into Existing Planning Mechanisms ................................................................... 6-3 6.3.1 Comprehensive Plans .......................................................................................................... 6-4 6.3.2 Threat and Hazard Identification and Risk Assessment (THIRA) ........................................ 6-4 6.3.3 Recovery Plan ...................................................................................................................... 6-4 6.3.4 Continuity of Operations Plans (COOP) ............................................................................... 6-5 6.3.5 Integrated Preparedness Plan (IPP) .................................................................................... 6-5 6.3.6 Public Awareness and Education Programs ........................................................................ 6-5 6.3.7 Critical Infrastructure Protection Plan ................................................................................... 6-5 6.3.8 Capital Improvements Plan .................................................................................................. 6-5 6.3.9 Sustainability Plans .............................................................................................................. 6-5 6.4 Continued Public Involvement................................................................................................ 6-6 Annexes Annex A – City of Arvada Annex B – City of Edgewater Annex C – City of Golden Hazard Mitigation Plan Table of Contents 2021-2026 Page iii Annex D – City of Lakewood Annex E – City of Wheat Ridge Annex F – Town of Morrison Annex G – Arvada Fire Protection District Annex H – Elk Creek Fire Protection District Annex I – Evergreen Fire Rescue Annex J – Fairmount Fire Protection District Annex K – Foothills Fire Protection District Annex L – Genesee Fire Protection District Annex M – Golden Gate Fire Protection District Annex N – Indian Hills Fire Protection District Annex O – Inter-Canyon Fire Protection District Annex P – North Fork Fire Protection District Annex Q – West Metro Fire Protection District Annex R – Lookout Mountain Water District Annex S – Denver Water Annex T – Jefferson Conservation District Annex U – Town of Lakeside (not updated) Annex V – Town of Mountain View (not updated) Annex W – Pleasant View Metro District (not updated) Hazard Mitigation Plan Table of Contents 2021-2026 Page iv Appendices Appendix A – Approval and Adoption Appendix B – Hazard Mitigation Planning Committee Appendix C – Planning Process Documentation Appendix D – Public Survey Results Appendix E – Mitigation Alternatives Appendix F – References Appendix G – Definitions and Acronyms Appendix H – Map of Critical Facilities (Not For Public Release) Hazard Mitigation Plan Introduction 2021-2026 Page 1-1 1 Introduction 1.1 Executive Summary The following jurisdictions have prepared and adopted this 2021 update of the Jefferson County Hazard Mitigation Plan (HMP): • Jefferson County • City of Arvada • City of Edgewater • City of Golden • City of Lakewood • Town of Morrison • City of Wheat Ridge • Arvada Fire Protection District • Elk Creek Fire Protection District • Evergreen Fire Protection District • Fairmount Fire Protection District • Foothills Fire Protection District • Genesee Fire Protection District • Golden Gate Fire Protection District • Indian Hills Fire Protection District • Inter-Canyon Fire Protection District • Jefferson Conservation District • Lookout Mountain Water District • North Fork Fire Protection District • West Metro Fire Protection District • Denver Water The purpose of hazard mitigation is to reduce or eliminate long-term risk to people and property from disasters or hazardous events. Studies have found that hazard mitigation is extremely cost-effective, with every dollar spent on mitigation saving an average of $6 in avoided future losses. The Federal Emergency Management Agency (FEMA) requires that hazard mitigation plans be updated every five years for the jurisdictions to be eligible for federal mitigation assistance. All sections of the 2016 Jefferson County Hazard Mitigation Plan were reviewed and updated to address natural and human-caused hazards for the purpose of saving lives and reducing losses from future disasters or hazard events. This Plan will serve as a blueprint for coordinating and implementing hazard mitigation policies, programs, and projects in Jefferson County. It provides a list of mitigation goals and related actions that may assist Jefferson County and its municipalities in reducing risk and preventing loss from future hazard events. The impacts of hazards can often be lessened or even avoided if appropriate actions are taken before events occur. By reducing exposure to known hazard risks, communities will save lives and property and minimize the social, economic, and environmental disruptions that commonly follow hazard events. This Plan was also developed to maintain Jefferson County’s and participating jurisdictions’ eligibility for federal disaster assistance, specifically the Federal Emergency Management Agency’s (FEMA), Hazard Mitigation Assistance (HMA) grants including the Hazard Mitigation Grant Program (HMGP), Flood Mitigation Assistance (FMA), and Building Resilient Infrastructure and Communities (BRIC) grant program, as well as the Rehabilitation of High Hazard Potential Dam (HHPD) grant program. Section 1 contains the Plan Introduction and Executive Summary. Section 2 Community Profile describes the planning area, consisting of Jefferson County and the participating jurisdictions listed above, with updated information on demographics, social vulnerability, and changes in development. It includes an assessment of programs and policies currently in place across the County to reduce hazard impacts or that could be used to implement hazard mitigation activities, and identifies opportunities to enhance those capabilities. Section 3 Planning Process describes the process followed to update the Plan. A broad range of public and private stakeholders, including agencies, local businesses, nonprofits, and other interested parties were invited to participate. Public input was sought throughout the planning process including online surveys and public review of the draft Plan. Section 4 Hazard Identification and Risk Assessment identifies the natural and human-caused hazards of greatest concern to the County, and describes the risk from those hazards. The information generated through the risk assessment helps communities to prioritize and focus their efforts on those hazards of greatest concern and those assets or areas facing the greatest risk(s). The best available information on Hazard Mitigation Plan Introduction 2021-2026 Page 1-2 the impacts of changing weather conditions were taken into account for each hazard. The hazards profiled in the 2021 Plan and their assessed significance are shown in the following table. Table 1-1 Hazards Identification Summary Hazard Geographic Extent Probability of Future Occurrence Potential Severity/Magnitude Overall Significance Avalanche Negligible Unlikely Negligible Low Cyber Attack Significant Likely Limited Medium Dam Failure Significant Occasional Critical High Drought Extensive Likely Critical Medium Earthquake Significant Unlikely Catastrophic Medium Erosion and Deposition Significant Likely Critical Medium Expansive Soils Extensive Likely Limited Medium Extreme Temperatures Extensive Likely Limited Low Flood Limited Likely Critical High Hailstorm Significant Likely Critical High Landslide/Debris/Rockfall Limited Likely Limited-Negligible Medium Lightning Limited Highly Likely Limited Medium Pandemic Extensive Occasional Critical High Severe Winter Storms Extensive Likely Critical High Subsidence Limited Occasional Limited Medium Tornado Limited Likely Limited Medium Wildfire Significant Highly Likely Critical High Windstorm Significant Highly Likely Limited Medium Section 5 Mitigation Strategy describes what the County and jurisdictions will do to reduce their vulnerability to the hazards identified in Section 4. It presents the goals and objectives of the mitigation program, and details a broad range of targeted mitigation actions to reduce losses from hazard events. Section 6 Plan Implementation and Maintenance details how the Plan will be implemented, monitored, evaluated, and updated, as well as how the mitigation program will be integrated into other planning mechanisms. Following the base plan, annexes for each participating jurisdiction go into greater detail about how the risk from natural and human-caused hazards varies across the planning area, and lists each jurisdictions’ identified mitigation actions. It is important that local decision-makers stay involved in mitigation planning to provide new ideas and insight for future updates to the Jefferson County Hazard Mitigation Plan. As a long-term goal, the Hazard Mitigation Plan and the mitigation strategies identified within will be fully integrated into daily decisions and routines of local government. This will continue to require dedication and hard work, and to this end, this Plan update continues efforts to further strengthen the resiliency of Jefferson County. 1.2 Background Each year in the United States, disasters take the lives of hundreds of people and injure thousands more. Nationwide, taxpayers pay billions of dollars annually to help communities, organizations, businesses, and individuals recover from disasters. Additional expenses to insurance companies and Hazard Mitigation Plan Introduction 2021-2026 Page 1-3 nongovernmental organizations are not reimbursed by tax dollars, making the costs of disasters several times higher than calculated amounts. Figure 1-1 shows the number and type of natural disasters in the US that have done more than one billion dollars in damage, showing how the frequency and cost of major disasters have risen over the past several decades. Figure 1-1 Billion-Dollar Disasters in the US, 1980-2018 Source: NOAA However, some types of hazards are predictable, and much of the damage caused by these events can be mitigated through the use of various zoning, construction and permitting vehicles and other preventative actions. Hazard mitigation planning is the process through which hazards that threaten communities are identified, likely impacts of those hazards are determined, mitigation goals are set, and appropriate strategies to lessen impacts are determined, prioritized, and implemented. Hazard mitigation is defined by FEMA as “any sustained action taken to reduce or eliminate long-term risk to human life and property from a hazard event.” The results of a three-year, congressionally mandated independent study to assess future savings from mitigation activities provides evidence that mitigation activities are highly cost-effective. On average, each dollar spent on mitigation saves society an average of $6 in avoided future losses in addition to saving lives and preventing injuries, as illustrated in Figure 1-2. This plan was prepared pursuant to the requirements of the Disaster Mitigation Act of 2000 (Public Law 106-390) and the implementing regulations set forth by the Interim Final Rule published in the Federal Register on February 26, 2002 (44 CFR §201.6) and finalized on October 31, 2007. Hereafter, these requirements and regulations will be referred to collectively as the Disaster Mitigation Act or DMA. While the act emphasized the need for mitigation plans and more coordinated mitigation planning and implementation efforts, the regulations established the requirements that local hazard mitigation plans must meet in order for a local jurisdiction to be eligible for certain federal disaster assistance and hazard mitigation funding under the Robert T. Stafford Disaster Relief and Emergency Act (Public Law 93-288). Hazard Mitigation Plan Introduction 2021-2026 Page 1-4 Figure 1-2 Financial Benefits of Hazard Mitigation Source: National Institute of Building Sciences, Natural Hazard Mitigation Saves: 2019 Report This plan builds on almost 20 years of mitigation planning in Jefferson County, starting with participation in the 2003 Denver Regional Council of Governments (DRCOG) Hazard Mitigation Plan. Jefferson County developed its first stand-alone HMP in 2010, updated the plan in 2016, and has again updated it in 2021. This plan is a comprehensive update to the 2016 plan. Information in this plan will be used to help guide and coordinate mitigation activities and decisions for local land use policy in the future. Proactive mitigation planning will help reduce the cost of disaster response and recovery to the community and its property owners by protecting critical community facilities, reducing liability exposure, and minimizing overall community impacts and disruption. The Jefferson County planning area is committed to reducing future disaster impacts and maintaining eligibility for federal funding. 1.3 Purpose and Scope Jefferson County and the participating jurisdictions have prepared this multi-hazard mitigation plan to better protect the people and property of the County from the effects of hazard events. This plan demonstrates the community’s commitment to reducing risks from hazards and serves as a tool to help decision-makers direct mitigation activities and resources. This plan was also developed to position Jefferson County and its participating jurisdictions for the eligibility of certain federal mitigation funding assistance, specifically, the Federal Emergency Management Agency’s (FEMA) Hazard Mitigation Assistance grant programs (HMA), which include Hazard Mitigation Grant Program (HMGP), Pre-Disaster Mitigation (PDM), and Flood Mitigation Assistance (FMA). This plan also aligns with the planning elements of the National Flood Insurance Program’s Community Rating System (CRS), which provides for lower flood insurance premiums in CRS-participating communities. Jefferson County remains dedicated to implementing the actions and strategies outlined in this updated Hazard Mitigation Plan. The Plan will be maintained regularly to address changes in hazards or vulnerabilities, and will be updated within the next five years. Jefferson County Hazard Mitigation Plan Annex E. City of Wheat Ridge 2021-2026 Page E-1 Annex E. City of Wheat Ridge E.1 Background and Planning Process This Annex was updated during the development of the 2021 Jefferson County Hazard Mitigation Plan. The City of Wheat Ridge fully participated in the 2021 update process as described in Section 3. The City had previously participated in the 2016 Jefferson County Hazard Mitigation Plan and has been active in implementing that plan as described in Section E.9. A review of jurisdictional priorities found no significant changes in priorities since the last update. Individuals who participated in the update process and represented the City on the Planning Team are listed in Appendix B. More details on the planning process and how the jurisdictions, special districts, and stakeholders participated, as well as how the public was involved, can be found in Chapter 3 of the Base Plan. E.2 Community Profile Figure E-1 shows a map of the City of Wheat Ridge. Figure E-1 City of Wheat Ridge E.2.1 History The City of Wheat Ridge is a Home Rule Municipality located in Jefferson County, Colorado, United States. Wheat Ridge is a western suburb of Denver. Wheat Ridge was founded as a community in 1859. During that year, a small group of farmers, some coming to Colorado in search of gold and silver, founded a rural village in this location. By the late 1800s, fertile soils and plentiful water led to the development of a small farming community. Up until World War Jefferson County Hazard Mitigation Plan Annex E. City of Wheat Ridge 2021-2026 Page E-2 II, Wheat Ridge was a major supplier of fresh produce to the greater Denver area. However, during the 1940s and 1950s as the city evolved, carnation production became a major growth industry. For a time, Wheat Ridge was the largest producer of carnations throughout the world. Although commercial wheat production is a thing of the past, the ridges upon which much of this agricultural activity occurred remain, providing expansive views of the Front Range. Additionally, several greenhouses remain in the northwest metropolitan area. Each August, the city celebrates this heritage with the Carnation Festival. Started in 1970, the festival draws thousands of people to this premier civic event. The city was fully incorporated in 1969 as a statutory city when it was faced with annexation by surrounding cities. In 2019, the City celebrated its 50th birthday. Today Wheat Ridge is home to approximately 31,000 residents – making it one the smallest cities in the Denver metropolitan area. The City is an inner-ring suburb that affords residents with many of the conveniences of urban living, though the community still retains its small town character with a strong sense of community. Its slow growth, compared to adjacent suburbs, offers stark contrast to the region’s significant population growth over recent years. Residents enjoy easy access to I-70 and downtown Denver. The City is well known for its nationally recognized park and trail system and lush tree canopy. Wheat Ridge is a community with deep roots and short commutes. E.2.2 Population The U. S Census Bureau’s estimated 2019 population of Wheat Ridge was 31,331. Select Census and American Community Survey demographic and social characteristics are shown in Table E-1 through Table E-2. Table E-1 Wheat Ridge Demographic and Social Characteristics Wheat Ridge 2015 2019 % Change Population 30,863 31,331 1.52% Median Age 42.6 41.2 -3.3% Total Housing Units 14,846 14,692 -1.0% Housing Occupancy Rate 94.2% 95.8% 1.7% % of Housing Units with no Vehicles Available 7.6% 6.3% -17.1% Median Home Value $256,900 $383,900 49.4% Unemployment Rate 7.9% 3.7% -53.2% Mean Travel Time to Work (minutes) 23.2 25.2 8.6% Median Household Income $47,841 $57,659 20.5% Per Capita Income $30,531 $35,956 17.8% % of Individuals Below Poverty Level 13.6% 12.9% -5.1% % Without Health Insurance 13.6% 5.8% -57.4% # of Households 13,978 14,080 0.7% Average Household Size 2.2 2.2 0.5% % of Population Over 25 with High School Diploma or Higher 88.8% 91.3% 2.8% % of Population Over 25 with Bachelor’s Degree or Higher 31.5% 35.8% 13.7% % with Disability 14.1% 14.1% 0.0% % Speak English less than "Very Well" 3.6% 2.2% -38.9% Source: U.S. Census Bureau American Community Survey, 5-Year Estimates 2015-2019 Jefferson County Hazard Mitigation Plan Annex E. City of Wheat Ridge 2021-2026 Page E-3 Table E-2 Wheat Ridge Demographic & Social Characteristics Compared to the County & State Demographic & Social Characteristics (as of 2019) Wheat Ridge County Colorado Median Age 41.2 40.3 36.7 Housing Occupancy Rate 95.8% 96.4% 90.0% % of Housing Units with no Vehicles Available 6.3% 3.9% 5.1% Median Home Value $383,900 $397,700 $343,300 Unemployment 3.7% 3.6% 4.3% Mean Travel Time to Work (minutes) 25.2 28 25.8 Median Household Income $57,659 $82,986 $72,331 Per Capita Income $35,956 $44,119 $38,226 % of Individuals Below Poverty Level 12.9% 7.1% 10.3% % Without Health Insurance 5.8% 5.5% 7.6% Average Household Size 2.2 2.40 2.56 % of Population Over 25 with High School Diploma or Higher 91.3% 94.5% 91.7% % of Population Over 25 with bachelor’s degree or Higher 35.8% 45.2% 40.9% % with Disability 14.1% 10.0% 10.6% % Speak English less than "Very Well" 2.2% 3.0% 5.8% Source: U.S. Census Bureau American Community Survey, 5-Year Estimates 2015-2019 Table E-3 Wheat Ridge Demographics by Race and Sex Wheat Ridge Population % Total Population 31,331 Male 15,256 48.7% Female 16,075 51.3% White, not Hispanic 23,111 73.8% Hispanic or Latino 6,701 21.4% Black 309 1.0% Asian 350 1.1% American Indian and Alaska Native 82 0.3% Native Hawaiian and Other Pacific Islander 0 0.0% Some other race 170 0.5% Two or more races 608 1.9% Source: U.S. Census Bureau American Community Survey, 5-Year Estimates 2015-2019 Jefferson County Hazard Mitigation Plan Annex E. City of Wheat Ridge 2021-2026 Page E-4 Figure E-2 Wheat Ridge Population Distribution by Age Source: U.S. Census Bureau American Community Survey, 5-Year Estimates 2015-2019 Figure E-3 Wheat Ridge Income Distribution Source: U.S. Census Bureau American Community Survey, 5-Year Estimates 2015-2019 E.2.3 Social Vulnerability Social vulnerability scores for the entirety of Jefferson County can be seen in Figures 2-2 through 2-6 in Section 2 of the Base Plan. Wheat Ridge’s overall social vulnerability is above average compared to the rest of Jefferson County and Colorado as a whole. In particular, Wheat Ridge’s vulnerability ranks above high in the household composition and disability vulnerability category, and above average in the housing and transportation and socioeconomic vulnerability categories. However, the City’s vulnerability ranks low in the minority status and language vulnerability category. Resources and measures to reduce the social determinants of disasters may be most effectively allocated to these areas. Moreover, it is critical that the 0 500 1,000 1,500 2,000 2,500 3,000 Un d e r 5 5 t o 9 10 t o 1 4 15 t o 1 9 20 t o 2 4 25 t o 2 9 30 t o 3 4 35 t o 3 9 40 t o 4 4 45 t o 4 9 50 t o 5 4 55 t o 5 9 60 t o 6 4 65 t o 6 9 70 t o 7 4 75 t o 7 9 80 t o 8 4 85 + 0 500 1000 1500 2000 2500 Jefferson County Hazard Mitigation Plan Annex E. City of Wheat Ridge 2021-2026 Page E-5 City analyze the individual social vulnerability indicators that make those parts of the community stand out. Through ongoing evaluation, the City of Wheat Ridge will be able to more effectively reduce local social vulnerability and increase their resilience to hazard events. For more discussion of Social Vulnerability, see Section 2.3 of the Base Plan. E.2.4 Growth and Development Trends Table E-4 shows the various types and amounts of housing units in the City of Wheat Ridge based on data from the American Community Survey Five Year Estimates for 2015-2019. As shown in the table, most housing units (52.1%) are single family homes (1-unit detached) in Wheat Ridge. Table E-4 City of Wheat Ridge Types and Total Housing Units Type of housing units Total % Total housing units 14,692 1-unit detached 7,658 52.1% 1-unit attached 1,615 11.0% 2 units 522 3.6% 3 or 4 units 887 6.0% 5 to 9 units 1,001 6.8% 10 to 19 units 1,343 9.1% 20 or more units 1,647 11.2% Mobile home 7 0.0% Boat, RV, van, etc. 12 0.1% Source: U.S. Census Bureau, American Community Survey, 5-Year Estimates 2015-2019 Table E-5 illustrates how Wheat Ridge has grown in terms of population and number of housing units between 2015 and 2019. The table illustrates that Wheat Ridge is undergoing moderate population growth but is losing housing stock. Table E-5 Wheat Ridge’s Change in Population and Housing Units, 2015-2019 2015 Population 2019 Population Estimate Percent Change 2015-2019 2015 # of Housing Units 2019 Estimated # of Housing Units Estimated Percent Change 2015-2019 30,863 31,331 +1.52% 14,846 14,692 -1.0% Source: U.S. Census Bureau, American Community Survey, 5-Year Estimates 2015-2019 Most of the City is already developed; however, much of the developed areas are older and are slowly undergoing redevelopment. All redevelopments are complying with current codes, so the regulations are being followed in the identified hazard areas, i.e., floodplains. The only area available for new growth is on the west side of the City. Again, any developments in this area will also comply with the current codes, including those regulating identified hazard areas. According to the HMPC, Wheat Ridge has seen 3 new apartment communities constructed since 2016, with 2 more starting soon. In addition, over 1,000 new townhome units have been or are being constructed. All of this development is occurring in areas of low risk for avoidable natural hazards. E.2.5 Natural, Cultural, and Historic Resources Assessing the vulnerability of Wheat Ridge to disaster also involves inventorying the natural, historical, and cultural assets of the area. This step is important for the following reasons: • The community may decide that these types of resources warrant a greater degree of protection due to their unique and irreplaceable nature and contribution to the overall economy. Jefferson County Hazard Mitigation Plan Annex E. City of Wheat Ridge 2021-2026 Page E-6 • If these resources are impacted by a disaster, knowing so ahead of time allows for more prudent care in the immediate aftermath, when the potential for additional impacts are higher. • The rules for reconstruction, restoration, rehabilitation, and/or replacement are often different for these types of designated resources. • Natural resources can have beneficial functions that reduce the impacts of natural hazards, such as wetlands and riparian habitat, which help absorb and attenuate floodwaters. Natural Resources Natural resources of importance in Wheat Ridge include the 42 sites that are parks, open space, recreation centers, or areas of visual green space totaling approximately 430 acres. Of this, 7 sites are neighborhood parks (49.20 acres), and 7 sites are pocket parks (8.0 acres). Two park sites in the city are community parks (66.0 acres). These two community parks also serve as neighborhood parks for residents living nearby, which is generally considered within a 0.5-mile radius. There is also 1 dedicated sports complex in the city (16.0 acres), 1 natural area (9.0 acres), 1 open space area (250.0 acres), and 17 areas of visual green space (0.87 acre). For information about natural resources in Jefferson County, which includes Wheat Ridge, see Section 4.2.3 of the Base Plan. Historic and Cultural Resources Table E-6 lists the properties in Wheat Ridge that are on the National Register of Historic Places and/or the Colorado State Register of Historic Properties; for more information about these registers, see Section 4.2.3 of the Base Plan. Table E-6 Wheat Ridge’s Historic Properties/Districts in National and State Registers Property Address Date Listed James H Baugh House 11361 W 44th Ave 8/14/12 Crown Hill Burial Park 7777 W. 29th Ave. 7/24/08 Fruitdale Grade School 10801 W 44th Ave 3/20/2013 Pioneer Sod House 4610 Robb St 03/14/1973 Richards Mansion 5349 W 27th Ave 9/15/1977 Wheat Ridge Post Office 4610 Robb Street State Register 8/12/1992 Sources: http://www.nps.gov/nr/ The National Park Service administers two programs that recognize the importance of historic resources, specifically those pertaining to architecture and engineering. While inclusion in these programs does not give these structures any sort of protection, they are valuable historic assets. There are currently no Historic American Building Survey (HABS) or Historic American Engineering Record (HAER) buildings in the City of Wheat Ridge. It should be noted that as defined by the National Environmental Policy Act (NEPA), any property over 50 years of age is considered a historic resource and is potentially eligible for the National Register. Thus, in the event that the property is to be altered, or has been altered, as the result of a major federal action, the property must be evaluated under the guidelines set forth by NEPA. Structural mitigation projects are considered alterations for the purpose of this regulation. E.3 Hazard Identification and Risk Assessment A hazard identification and vulnerability analysis was completed for the City of Wheat Ridge using the same methodology as in the base plan. The information to support the hazard identification and risk assessment for this Annex was collected through a Data Collection Guide. Each participating jurisdiction was in support of the main hazard summary identified in the base plan; however, the hazard summary for each jurisdictional annex may vary slightly due to specific hazard risk and vulnerabilities unique to that jurisdiction. This helps to differentiate the jurisdiction’s risk and vulnerabilities from that of the overall County. Table E-7 lists the significance of each hazard for the City of Wheat Ridge based on the updated risk assessment and planning team input. The highest risk hazards were determined to be dam failure, flood, pandemic, and tornado. Jefferson County Hazard Mitigation Plan Annex E. City of Wheat Ridge 2021-2026 Page E-7 Table E-7 City of Wheat Ridge – Hazards Summary Hazard Geographic Extent Frequency Severity Overall Significance Avalanche Negligible Unlikely Negligible Low Cyber Attack Limited Occasional Negligible Low Dam Failure Limited Occasional Critical High Drought Extensive Likely Negligible Low Earthquake Extensive Unlikely Negligible Low Erosion and Deposition Limited Highly Likely Negligible Low Expansive Soils Limited Likely Negligible Low Extreme Temperatures Extensive Highly Likely Negligible Low Flood Significant Occasional Critical High Hailstorm Extensive Likely Limited Medium Landslides, Debris/Rockfalls Limited Unlikely Negligible Low Lightning Limited Likely Negligible Low Pandemic Extensive Unlikely Catastrophic High Severe Winter Storms Extensive Highly Likely Limited Medium Subsidence Limited Unlikely Negligible Low Tornado Significant Likely Critical High Wildfire Significant Occasional Limited Medium Windstorm Extensive Likely Limited Medium Geographic Extent Negligible: Less than 10 percent of planning area or isolated single-point occurrences Limited: 10 to 25 percent of the planning area or limited single-point occurrences Significant: 25 to 75 percent of planning area or frequent single-point occurrences Extensive: 75 to 100 percent of planning area or consistent single-point occurrences Potential Severity/Magnitude Negligible: Less than 10 percent of property is severely damaged, facilities and services are unavailable for less than 24 hours, injuries and illnesses are treatable with first aid or within the response capability of the jurisdiction. Limited: 10 to 25 percent of property is severely damaged, facilities and services are unavailable for between 1 and 7 days, injuries and illnesses require sophisticated medical support that does not strain the response capability of the jurisdiction, or results in very few permanent disabilities. Critical: 25 to 50 percent of property is severely damaged, facilities and services are unavailable or severely hindered for 1 to 2 weeks, injuries and illnesses overwhelm medical support for a brief period of time, or result in many permanent disabilities and a few deaths. Catastrophic: More than 50 percent of property is severely damaged, facilities and services are unavailable or hindered for more than 2 weeks, the medical response system is overwhelmed for an extended period of time or many deaths occur. Probability of Future Occurrences Unlikely: Less than 1 percent probability of occurrence in the next year, or has a recurrence interval of greater than every 100 years. Occasional: Between a 1 and 10 percent probability of occurrence in the next year, or has a recurrence interval of 11 to 100 years. Likely: Between 10 and 90 percent probability of occurrence in the next year, or has a recurrence interval of 1 to 10 years Highly Likely: Between 90 and 100 percent probability of occurrence in the next year, or has a recurrence interval of less than 1 year. Overall Significance Low: Two or more of the criteria fall in the lower classifications or the event has a minimal impact on the planning area. Also used for hazards with a minimal or unknown record of occurrences and impacts or for hazards with minimal mitigation potential. Medium: The criteria fall mostly in the middle ranges of classifications and the event’s impacts on the planning area are noticeable but not devastating. Also used for hazards with a high impact rating but an extremely low frequency. High: The criteria consistently fall along the high ranges of the classification and the event exerts significant and frequent impacts on the planning area. Also used for hazards with a high psychological impact or for hazards that the jurisdiction identifies as particularly relevant. Jefferson County Hazard Mitigation Plan Annex E. City of Wheat Ridge 2021-2026 Page E-8 E.4 Community Asset Inventory Table E-8 shows the total number of improved parcels, properties, and their improvement and content values for the City of Wheat Ridge. See Section 4.2 of the Base Plan for details and methodology. Table E-8 Wheat Ridge’s Property Inventory Property Type Improved Parcels Buildings Improved Value Content Value Total Value Agriculture 2 2 $22,618 $22,618 $45,236 Commercial 414 723 $416,007,224 $416,007,224 $832,014,448 Exempt 59 76 $114,136,176 $114,136,176 $228,272,352 Industrial 279 391 $214,853,118 $214,853,118 $429,706,236 Mixed Use 134 172 $57,727,100 $57,727,100 $115,454,200 Residential 10,277 12,141 $2,832,819,972 $1,416,409,986 $4,249,229,958 Total 11,165 13,505 $3,635,566,208 $2,219,156,222 $5,854,722,430 Source: Jefferson County Assessor’s Office E.4.1 Other Assets Table E-9 is a detailed inventory of assets identified by the City’s planning team. This inventory includes some critical facilities. For more information about how “critical facility” is defined in this plan, see Section 4.3 Vulnerability Assessment. Table E-9 Summary of Wheat Ridge’s Assets Name of Asset Replacement Value ($) Occupancy/ Capacity # Hazard Specific Info Exempla Lutheran Medical Campus 400 beds Tornado Wheat Ridge Medical Offices - Kaiser Tornado City Hall – Police Tornado Wheat Ridge Fire Station #1 Tornado Wheat Ridge Fire Station #2 Tornado Maintenance Facility Tornado Maple Grove Reservoir 550 AF Flood, Dam Failure Wheat Ridge High School 1,275 Tornado Everitt Middle School 487 Tornado Wheat Ridge Middle School 366 Tornado Prospect Valley Elementary School 476 Tornado Stevens Elementary School 411 Tornado Wilmore-Davis Elementary School 283 Tornado Pennington Elementary School 277 Tornado Kullerstand Elementary School 267 Tornado Martensen Elementary School 252 Tornado Compass Montessori Charter School 661 Tornado Saint Peter & Paul Catholic School 351 Tornado Beth Eden Baptist School 233 Tornado Foothills Academy 190 Tornado Wheat Ridge Christian Academy 45 Tornado Norma Anderson Preschool 113 Tornado Kids in Action Preschool 80 Tornado Alpine Valley Preschool 27 Tornado Mountain Vista Health Center 168 Beds Tornado Highland West Apartments 120 Beds Tornado Sandalwood Manor 85 Beds Tornado Wheat Ridge Manor Nursing Home 81 Beds Tornado Christopher House 76 Beds Tornado Vista Village Assisted Living 54 Beds Tornado Wheat Ridge Assisted Living 46 Beds Tornado Spring Ridge Park 37 Beds Tornado Wide Horizon 37 Beds Tornado Jefferson County Hazard Mitigation Plan Annex E. City of Wheat Ridge 2021-2026 Page E-9 Name of Asset Replacement Value ($) Occupancy/ Capacity # Hazard Specific Info Verandas Assisted Living at Wheat Ridge 48 Beds Tornado 21 Other Nursing Homes 178 Beds Tornado Interstate 70 135,000 ADT Winter Weather State Highway 95 (Sheridan Boulevard) 35,000 ADT Winter Weather State Highway 121 (Wadsworth Boulevard) 50,000 ADT Flood, Winter Weather State Highway 391 (Kipling Street) 50,000 ADT Flood, Winter Weather State Highway 72 (Ward Road) 35,000 ADT Winter Weather State Highway 58 26,000 ADT Winter Weather Kipling Bridge over Clear Creek 50,000 ADT Flood, Winter Weather Wadsworth Bridge over Clear Creek 50,000 ADT Flood, Winter Weather 44th Avenue Bridge over Clear Creek 14,000 ADT Flood, Winter Weather Youngfield Avenue Bridge over Clear Creek 25,000 ADT Flood, Winter Weather Interstate 70 Bridge over Clear Creek 85,000 ADT Flood, Winter Weather BNSF Railroad Winter Weather Emergency Warning System NA Hailstorm, Tornado, Windstorm Clear Creek Greenbelt 250 Acres Drought, Erosion, Flood, Hailstorm, Lightning, Tornado, Wildfire Spiranthes Diluvialis (Ute Ladies-Tresses Orchid) <20 Acres Drought, Flood, Hailstorm, Wildfire Mycenastrum Corium (Earth Star Fungus) < 1 Acre Drought, Flood, Wildfire Wetlands 100 Acres Drought, Flood, Hailstorm, Wildfire Baugh House Tornado Sod House Tornado Richards-Hart Estate 75 Tornado Many of the facilities listed above are also in GIS databases provided by the City of Wheat Ridge and Jefferson County. Critical facility counts and types are shown in Table E-10. Shelters may be in facilities such as schools or recreation centers. Table E-10 Summary of Wheat Ridge’s Critical Facilities in GIS FEMA Lifeline Facility Type Facility Count Communications Land Mobile Private Towers 18 Microwave Service Towers 49 Paging Transmission 1 Total 68 Energy Electric Substation 1 Total 1 Hazardous Materials Tier II 11 Total 11 Health and Medical Hospital 1 Nursing Home 23 Total 24 Safety and Security EOC 1 Fire Station 4 Government Facility 3 Law Enforcement 1 School 13 Total 22 Transportation Aircraft Facility 1 Bridge 34 Total 35 Grand Total 161 Source: HFLD, Jefferson County Jefferson County Hazard Mitigation Plan Annex E. City of Wheat Ridge 2021-2026 Page E-10 E.5 Vulnerability Assessment This section provides a refined vulnerability assessment, specific for the City of Wheat Ridge, for those hazards where the risk is significantly different from that of Jefferson County overall, or where sufficient data exists to conduct mapping and analysis at the local level. For the following hazards, the City’s risk does not differ significantly from the rest of the County, and they are not profiled further: • Avalanche • Drought • Earthquake • Erosion and Deposition • Expansive Soils • Extreme Temperatures • Hailstorm • Lightning • Tornado • Windstorm • Winter Storm • Cyber Attack • Pandemic/Public Health This section details vulnerability to specific hazards, where quantifiable, and where it differs from that of the overall County. The results of detailed GIS analyses used to estimate potential for future losses are presented here, in addition to maps of hazard areas. For a discussion of the methodology used to develop the loss estimates refer to Section 4.3 of the Base Plan. E.5.1 Flood According to the vulnerability assessment conducted using GIS, Wheat Ridge has one of the higher potentials for economic loss from flooding in the County. Clear Creek flows through Wheat Ridge, and there is also risk from Lena Gulch that crosses the City. Note that this is based on computer modeling that may not reflect specific mitigation activities. Figure E-4 depicts the FEMA flood zones (1% annual chance and 0.2% annual chance) as well as all the at-risk properties in Wheat Ridge. Jefferson County Hazard Mitigation Plan Annex E. City of Wheat Ridge 2021-2026 Page E-11 Figure E-4 Wheat Ridge Flood Hazards and Properties At-Risk Jefferson County Hazard Mitigation Plan Annex E. City of Wheat Ridge 2021-2026 Page E-12 Table E-11 shows the total parcels and buildings at risk to the 1% annual chance flood and Table E-12 shows the values at risk in the same flood scenario. For this analysis, content values were estimated based on prevailing land use and a multiplier was applied to building and content values to estimate losses to each. See Section 4 Hazard Profiles for details on methodology. According to the analysis, 414 buildings (364 of which are residential) are at risk, totaling $42.2 million of damage to buildings and contents. Table E-11 City of Wheat Ridge Buildings At-Risk to 1% Annual Chance Flood Property Type Improved Parcels Buildings Improved Value Content Value Total Value Total Loss Estimate Commercial 8 12 $2,593,423 $2,593,423 $5,186,846 $1,296,712 Exempt 4 6 $497,426 $497,426 $994,852 $248,713 Industrial 11 32 $6,619,031 $9,928,547 $16,547,578 $4,136,894 Residential 310 364 $97,448,413 $48,724,207 $146,172,620 $36,543,155 Total 333 414 $107,158,293 $61,743,602 $168,901,895 $42,225,474 Source: Jefferson County Assessor Table E-12 shows the parcels and buildings at risk to the 0.2% annual chance flood and Table E-13 shows the values at risk in the same flood scenario. For this analysis, content values were estimated based on prevailing land use and a multiplier was applied to building and content values to estimate losses to each. See Section 4 Hazard Profiles for details on methodology. According to the analysis, 1,027 buildings (975 of which are residential) are at risk, totaling $112.6 million in damage to buildings and contents over and above the 0.2% scenario. Note that this analysis does not account for properties which may have been built in accordance with local floodplain regulations and mitigated to the 1% annual chance flood. Table E-12 City of Wheat Ridge Buildings At-Risk to 0.2% Annual Chance Flood Property Type Improved Parcels Buildings Improved Value Content Value Total Value Total Loss Estimate Agriculture 1 1 $11,380 $11,380 $22,760 $5,690 Commercial 30 38 $29,597,739 $29,597,739 $59,195,478 $14,798,870 Exempt 2 2 $333,766 $333,766 $667,532 $166,883 Industrial 4 7 $3,171,115 $4,756,673 $7,927,788 $1,981,947 Mixed Use 4 4 $939,180 $939,180 $1,878,360 $469,590 Residential 737 975 $253,897,472 $126,948,736 $380,846,208 $95,211,552 Total 778 1,027 $287,950,652 $162,587,474 $450,538,126 $112,634,531 Source: Jefferson County Assessor Figure E-5 shows the FEMA flood zones for the City of Wheat Ridge. For the City of Wheat Ridge, this analysis showed that there are 12 critical facilities in the 1% annual chance flood zone, 8 of which are bridges (Table E-13). The analysis also showed that there are 17 additional critical facilities in the 0.2% annual chance flood zone (), mostly in the northeastern portion of the City. Jefferson County Hazard Mitigation Plan Annex E. City of Wheat Ridge 2021-2026 Page E-13 Figure E-5 City of Wheat Ridge Flood Hazards Jefferson County Hazard Mitigation Plan Annex E. City of Wheat Ridge 2021-2026 Page E-14 Table E-13 City of Wheat Ridge Critical Facilities in 1% Annual Chance Floodplain Jurisdiction FEMA Lifeline Facility Type Facility Count Wheat Ridge Communications Microwave Service Towers 4 Transportation Bridge 8 Total 12 Source: Jefferson County Assessor, HFLD Table E-14 City of Wheat Ridge Critical Facilities in 0.2% Annual Chance Floodplain Jurisdiction FEMA Lifeline Facility Type Facility Count Wheat Ridge Communications Land Mobile Private Towers 2 Health and Medical Nursing Home 1 Safety and Security Fire Station 1 Safety and Security Government Facility 1 Transportation Bridge 12 Total 17 Source: Jefferson County Assessor, HFLD Previous Flood Events Through the Data Collection Guide, the City of Wheat Ridge noted specific historic hazard events to include in the community profile. These events have been incorporated into the appropriate hazard chapters in the base plan. These events had a particular impact on the community beyond the impacts and events recorded in the Jefferson County Hazard Mitigation Plan. This is not a comprehensive summary of past incidents, as the hazard profiles collected in the main Mitigation Plan include other events that may have historically impacted the jurisdiction. The events noted by this jurisdiction in the Data Collection Guide include: April 2015 thru Early July 2015 Heavy Rains and Flooding During this period, the City received rainfall almost equal to its annual average. During just the 8 weeks from mid-April to mid-June, the City received 13.5 inches of rainfall. Basement flooding was reported throughout the City due to the high groundwater that resulted. September 2013 Localized Flooding Although the City was spared the impacts of the week-long rainfall that inundated northern Colorado, one afternoon a localized thunderstorm passed over the central part of the City dropping around 2.5 inches of rain and small hail in about an hour. Local flooding occurred in several areas with several basements being flooded. Clear Creek at the bridge over Kipling was very close to the underside of it due to high flows but was never overtopped. E.5.2 Dam Failure According to the analysis of dams, Wheat Ridge has one High Hazard dam (Maple Grove Dam) whose failure could impact life and/or property. The Fairmount Reservoir Dam, also a High Hazard Dam, is located immediately to the west of the City of Wheat Ridge, see Figure E-6. Note that there are several dams west of Jefferson County that could impact Clear Creek if they failed. These are noted as impacting Golden first in Section 4 of the Base Plan, but they would also impact Wheat Ridge. Note: Hazard class does not indicate dam condition, it merely indicates risks in case of failure. A high hazard dam poses risk to both life and property, a significant hazard dam only poses a risk to property. See discussion the Section 4 of the Base Plan. Jefferson County Hazard Mitigation Plan Annex E. City of Wheat Ridge 2021-2026 Page E-15 Figure E-6 Wheat Ridge Dam Inundation Risk Jefferson County Hazard Mitigation Plan Annex E. City of Wheat Ridge 2021-2026 Page E-16 Previous Dam Failure Events Through the Data Collection Guide, the City of Wheat Ridge noted specific historic hazard events to include in the community profile. These events have been incorporated into the appropriate hazard chapters in the base plan. These events had a particular impact on the community beyond the impacts and events recorded in the Jefferson County Hazard Mitigation Plan. This is not a comprehensive summary of past incidents, as the hazard profiles collected in the main Mitigation Plan include other events that may have historically impacted the jurisdiction. The events noted by this jurisdiction in the Data Collection Guide include: 1979 Dam Failure On March 17, 1979, the fabridam, a type of inflatable dam, was punctured by an unknown, sharp object. It was determined to be most likely due to vandalism. Vandalism of fabridam spillway for the Maple Grove Dam caused an unscheduled release of 100 acre-ft of water from the Maple Grove Reservoir in about 3 hours. Flooding occurred from the Dam south of 32nd Avenue to the confluence with Clear Creek. The fabridam spillway was replaced in 2004 with a more vandal resistant structure. E.5.3 Geologic Hazards Wheat Ridge has some very limited exposure to landslide. There is a small area of risk in the northwest corner of the City, between Mt. Olivet Cemetery and Ward Road Pond. Wheat Ridge’s proximity to the Golden Fault as a potential, though unlikely, earthquake source make it more vulnerable to earthquake damage. E.5.4 Wildfire While not a foothills community, Wheat Ridge does have some risk to wildfires, particularly along the Clear Creek riparian area, see Figure E-7. According to the GIS based analysis of wildfire, Wheat Ridge has 580 improved parcels and 658 buildings exposed to the lowest wildfire risk area. Together, these properties represent a value of approximately $364 million. Wheat Ridge also has a total of 8 critical facilities at risk to wildfire, see Table E-15. Table E-15 Wheat Ridge Critical Facilities At-Risk to Wildfire FEMA Lifeline Facility Type Facility Count Communications Land Mobile Private Towers 1 Communications Microwave Service Towers 4 Hazardous Material Tier II 1 Health and Medical Nursing Home 1 Safety and Security Fire Station 1 Total 8 Source: Wood analysis on data provided by Jefferson County, COWRAP E.5.5 Other Hazards In the case of other hazards that are not specific to geography such as drought, hailstorms, winter storms, lightning, tornado, and windstorm the entire building inventory and population in the City is potentially exposed. That is the reason for the asset inventory provided in Section 1.3. It should be noted that no hazard in this plan is expected to cause widespread impacts to this inventory. The urban forest present across much of Wheat Ridge can be prone to windstorms and winter storms. These storms occasionally cause large cottonwoods or tree limbs to impact power lines and properties. Jefferson County Hazard Mitigation Plan Annex E. City of Wheat Ridge 2021-2026 Page E-17 Figure E-7 City of Wheat Ridge COWRAP Wildfire Risk Jefferson County Hazard Mitigation Plan Annex E. City of Wheat Ridge 2021-2026 Page E-18 Previous Hazard Events Through the Data Collection Guide, the City of Wheat Ridge noted specific historic hazard events to include in the community profile. These events have been incorporated into the appropriate hazard chapters in the base plan. These events had a particular impact on the community beyond the impacts and events recorded in the Jefferson County Hazard Mitigation Plan. This is not a comprehensive summary of past incidents, as the hazard profiles collected in the main Mitigation Plan include other events that may have historically impacted the jurisdiction. The events noted by this jurisdiction in the Data Collection Guide include: May 8, 2017 Severe Thunderstorm and Large Hail A severe afternoon thunderstorm impacted the Denver Metropolitan area, significantly impacting Jefferson County. Specific to the City of Wheat Ridge, damage to City owned facilities amounted to $2.2 million to buildings and $600,000 to City owned vehicles. 7,500 roofing permits were issued related to the hailstorm with a total valuation of $212 million. Minor injuries were anecdotally reported, however there were no known hospitalizations in Wheat Ridge. July 2009 Hail/Windstorm A severe thunderstorm produced damaging winds, large hail, and very heavy rain across the western and southern suburbs of Denver. Widespread damage was observed in the City of Wheat Ridge. The intense straightline winds were the result of a wet microburst which downed hundreds of trees and snapped power poles. Winds gusts to 80 mph were reported along with nickel to golf ball size hail. The combination of wind and hail produced widespread damage to homes and vehicles. Many Wheat Ridge residents were left without power. Minor injuries were reported from broken glass during the storm, but no one was hospitalized. The City suffered an estimated $600,000 in damage to City property. E.6 Capability Assessment Capabilities are the programs and policies currently in use to reduce hazard impacts or that could be used to implement hazard mitigation activities. Wheat Ridge’s regulatory, administrative, and technical, and fiscal mitigation capabilities are summarized in Section 2.7 of the Base Plan. National Flood Insurance Program The City of Wheat Ridge joined the National Flood Insurance Program (NFIP) on May 26, 1972 and the Community Rating System (CRS) on October 1, 1991. The NFIP allows private property owners to purchase affordable flood insurance and enables the community to retain its eligibility to receive certain federally backed monies and disaster relief funds. The CRS is a voluntary program for NFIP-participating communities. It provides flood insurance discounts to policyholders in communities that provide extra measures of flood above the minimum NFIP requirements. As of December 2020, Wheat Ridge had a CRS class rating of 5 (one a scale of 1-10, 1 being the best). This rating provides a 25 percent discount for policyholders within a special flood hazard area (SFHA) and a 10 percent discount for those outside of an SFHA. NFIP insurance data indicates that as of December 2020, there were 219 (down from 219 policies in 2015) policies in force in Wheat Ridge, resulting in $54,870,100 of insurance in force. In Wheat Ridge, there have been 45 historical claims (up from 44 historical claims in 2015) for flood losses totaling $97,251. At the time this plan was developed there were no repetitive or severe repetitive loss structures as defined by the NFIP. Mapping: Wheat Ridge’s initial Flood Insurance Rate Map became effective on 5/26/1972. The most current Digital Flood Insurance Rate Maps were updated and became effective on 2/5/14. Wheat Ridge’s municipal codes and ordinances have been updated to reflect the most current mapping. DFIRMs have been used by the City for both floodplain management and risk assessment purposes. Jefferson County Hazard Mitigation Plan Annex E. City of Wheat Ridge 2021-2026 Page E-19 Preventive Preventive activities keep problems from getting worse. The use and development of hazard-prone areas is limited through planning, land acquisition, or regulation. They are usually administered by building, zoning, planning, and/or code enforcement offices. 2009 City of Wheat Ridge Comprehensive Plan The City’s comprehensive plan is a guide to help the City make decisions and establish its future direction. The goals and policies contained within the plan cover a broad range of subjects matter related to services, issues, and geographic areas within Wheat Ridge. Combined, these elements serve to direct future policy decisions to preserve vital community attributes and service levels and manage growth. The goals and policies were defined in the original 2000 Plan and remained unchanged in the Plan Addendums. The Plan Addendums each focus on new or changing development in Wheat Ridge. The following goals and related polices that are relevant to this hazard mitigation plan are excerpted here: • Goal CS 2 – Continue investment in parks, recreation, and open space. Wheat Ridge will maintain and continue to invest in providing quality parks, open space, and recreation facilities that are accessible to all neighborhoods and residents, using the Parks and Recreation Master Plan to guide investment and locations. − CS 2.1 – Parks, Recreation and Open Space. The City, in coordination with Jefferson County, Jefferson County Schools, and other organizations will continue to maintain and enhance parks, recreation, and open space offerings and facilities. • Goal CS 4 – Continue coordination with fire districts and utility providers to maintain quality service. The City will continue to coordinate with utilities and fire districts to maintain quality levels of service to existing customers and provide new services to areas where future growth will occur. − CS 4.1 – Utility and Service Districts. The City will continue to coordinate development and redevelopment activities with utility providers and service districts. • Goal SF 2 – Protect and preserve natural assets. Wheat Ridge will protect and conserve its natural, scenic, and environmental assets including the urban tree canopy, Wheat Ridge Greenbelt, Lena Gulch, and other drainage ways. − SF 2.1 – Natural Resource Stewardship. The City will continue to work with Jefferson County to provide stewardship of unique and sensitive natural resources and areas. Wheat Ridge Weed Management Program (2003) The Wheat Ridge Parks and Recreation Department uses integrated pest management, a decision-making process that selects, integrates, and implements control methods to prevent or manage noxious weeds. The Weed Management Plan focuses on long- term prevention or suppression of undesirable species while reducing the impact that control techniques may have on the environment, human health, and non-target species. The Weed Management Plan is an integral part of the Wheat Ridge Open Space Management Plan. Municipal Code E.6.1.1.1 Section 26, Article 8: Floodplain Management The City adopted several revisions to the floodplain ordinance on January 13, 2014, that went into effect on January 28, 2014 (Ordinance 1544). These changes involved adopting new state regulations and new floodplain maps and incorporating minor changes to update the language in the ordinance to current standards. There were two new state regulations that the City adopted that included: 1. The freeboard requirement is the minimum height above the flood elevation for most buildings. This requirement has been set at two feet for critical facilities. Jefferson County Hazard Mitigation Plan Annex E. City of Wheat Ridge 2021-2026 Page E-20 2. Certain areas that are removed from the floodplain by using fill materials, would still be regulated as if they are still in a floodplain with respect to freeboard. This essentially means that basements would not be allowed in those areas. An excerpt from the municipal code is provided here. The city council hereby finds it in the public interest, and in the furtherance of the public health, safety and welfare, that the following objectives be fulfilled: • To promote the public health, safety and general welfare, to minimize flood losses in areas subject to flood hazards, and to promote wise use of the “Flood Regulatory District” by: − Prohibiting certain uses which are dangerous to life or property in time of flood. − Restricting uses which would be hazardous to the public health in time of flood. − Restricting uses which are so particularly susceptible to flood damage, so as to alleviate hardship and reduce demands for public expenditures for relief and protection. − Restricting permitted Flood Regulatory District uses, including public facilities which serve such uses, to be protected against floods by providing floodproofing and general flood protection at the time of initial construction. • To protect occupants of the Flood Regulatory District from a flood which is or may be caused by their own, or other, land use and which is or may be undertaken without full realization of the danger through: − Regulating the manner in which structures designed for human occupancy may be constructed so as to prevent danger to human life within such structures. − Regulating the method of construction of water supply and sanitation systems so as to prevent disease, contamination and unsanitary conditions. − Delineating and describing areas that could be inundated by floods so as to protect individuals from purchasing lands for purposes which are not in fact suitable. − Ensuring that potential buyers are notified that property is in an area of special flood hazard. − Ensuring that those who occupy the areas of special flood hazards assume responsibility for their actions. • To protect the public from the burden of extraordinary financial expenditures for flood control and relief. − Regulating all uses within the Flood Regulatory District so as to produce a method of construction and a pattern of development which will minimize the probability of damage to property and loss of life or injury to the inhabitants of the flood hazard areas. − Minimizing the need for rescue and relief efforts associated with flooding which are generally undertaken at the expense of the general public. − Minimizing prolonged business interruptions. − Minimizing damage to public facilities and utilities, such as water and gas mains; electric, telephone and sewer lines; streets and bridges located in areas of special flood hazard. − Helping maintain a stable tax base by providing for sound use and development of areas of special flood hazard so as to minimize future flood-blight areas. − Participating in the National Flood Insurance Program to assist property owners in obtaining adequate insurance coverage. • To protect the hydraulic characteristics and storage capacity of the Flood Regulatory District and small watercourses, including the gulches, sloughs and artificial water channels, used for conveying floodwaters so as to promote retention of sufficient floodway area to convey flood flows which can reasonably be expected to occur by: − Regulating filling, dumping, dredging and alteration of channels by deepening, widening or relocating, so as to maintain natural storage capacity and slow flow characteristics. − Prohibiting unnecessary encroachments. − Encouraging uses such as agriculture, open space, recreation, greenbelt, riding trails and parking. Jefferson County Hazard Mitigation Plan Annex E. City of Wheat Ridge 2021-2026 Page E-21 − Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas. − Restricting or prohibiting uses which are dangerous to health, safety and property due to water or erosion hazards or which result in damaging increases in erosion or in flood heights or velocities. − Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction. (Ord. No. 2001-1215, § 1, 2-26-01) Other Ordinances Chapter 26 Zoning and Development - The intent and purpose of the zoning code of the City of Wheat Ridge is to encourage the most appropriate use of land throughout the city to ensure a logical growth of the various physical elements of the city; to lessen congestion in the streets and to facilitate the adequate provision of transportation within and through the city; to secure safety from fire, panic and other dangers; to provide adequate light and air to the residents, structures and properties within the city; to improve housing standards; to conserve property values; to facilitate adequate provision for water, sewage, schools, parks and other public improvements; to protect against poor or inadequate drainage or flood conditions and poor geologic conditions; and in general to promote the health, safety and welfare of the citizens and residents of the City of Wheat Ridge. It is further the intent of this zoning code to preserve the right of citizens to participate in the making of decisions which affect their properties while preserving, to the maximum lawful extent, the legislative and quasi-judicial discretion of the elected representatives of the City of Wheat Ridge. Property Protection Property protection activities are usually undertaken by property owners on a building-by-building or parcel basis. The City has done several floodplain mitigation projects along Lena Gulch and purchased two properties in 2008 and 2009 for a future project. The houses and other improvements were removed from those properties and the properties were added to the nearby open space at Lewis Meadows Park. The City is also exploring funding opportunities for projects along Clear Creek. Natural Resource Protection Natural protection activities preserve or restore natural areas or their natural functions. They are usually implemented by parks, recreation, or conservation agencies or organizations. City of Wheat Ridge Open Space Management Plan (2002) – The purpose of the City of Wheat Ridge Open Space Management Plan is to establish a framework for setting priorities and provide specific management direction for natural, scenic, and recreational resources within the Wheat Ridge Greenbelt, Lewis Meadows, and future open space acquisitions. Implementation of the Plan will assist the Wheat Ridge Parks and Recreation Department in its efforts to preserve and enhance these areas for present and future generations. This Plan supplements numerous studies that have been completed through 2001 on Wheat Ridge open space. Relevant information from these municipal and county plans and environmental reports has been reviewed and incorporated into this Plan. The Weed Management and Wildfire Management Plans are integral to the Open Space Management Plan. Emergency Services Emergency services measures are taken during an emergency to minimize its impacts. These measures are the responsibility of city or county emergency management staff and the owners or operators of major or critical facilities. The City has installed an Emergency Warning System with sirens that are capable of both tone and voice warnings. Most of the floodplain areas of the City are currently covered by the EWS. As of 2015, there are 18 EWS sirens in Wheat Ridge – these are described further in the Wheat Ridge Local Energy Assurance Plan. City of Wheat Ridge Energy Assurance Plan (2012) - The City of Wheat Ridge Local Energy Assurance Plan (LEAP) is a guide for Wheat Ridge city staff and officials charged with the responsibility of ensuring the continuity of operations and health and safety of the citizens of the City during periods of energy emergencies. The overall goal of the LEAP is to enable Wheat Ridge to be more resilient to energy disruptions as a community. Jefferson County Hazard Mitigation Plan Annex E. City of Wheat Ridge 2021-2026 Page E-22 The Plan is also designed to serve two specific purposes: 1. It serves as an energy disruption mitigation plan by identifying critical city facilities that must be operational during a disruption in order to maintain essential services. 2. It provides an analysis of events that could lead to widespread energy disruptions. It serves as a supplement to the City of Wheat Ridge Emergency Operations Plan by outlining roles and actions to provide for effective response during energy disruption events. City of Wheat Ridge Wildfire Management Plan (2003) – As its foundation, the Wildfire Management Plan emphasizes working with adjacent landowners, land managers, and local agencies to reduce the potential effects of wildfire on human life, private property, and the natural resources of Wheat Ridge’s Open Space. The Wildfire Management Plan is an integral part of the Wheat Ridge Open Space Management Plan. Structural Projects Structural projects keep hazards away from an area (e.g., levees, reservoirs, other flood control measures). They are usually designed by engineers and managed or maintained by public works staff. The City and MHFD have several proposed channelization projects that have been conceptually designed in the Major Drainageway Planning – Phase B Conceptual Preliminary Design Reports that were completed in 2007 and 2008 for Lena Gulch and Clear Creek. The goal of these projects is to reduce the number of properties within the 100-year floodplain. Funding for these projects is being pursued. Previous projects along Lena Gulch have already removed some properties from the 100-year floodplain. Public Information Public information activities advise property owners, potential property owners, and visitors about the hazards, ways to protect people and property from the hazards, and the natural and beneficial functions of natural resources (e.g., local floodplains). They are implemented by a public information team with support from various departments. The City occasionally hosts an Open House event which is available to all residents. The Community Development Department sponsors several tables with floodplain and stormwater information. Community Development also hosts an annual floodplain meeting with invitations being sent to all properties within the 1% floodplain. The City prepared a floodplain video for its Top of the Hour series on Channel 8 that received a 3rd place award at a national competition. Public information boards are also included on kiosks at major parks that include emergency information and other public health issues, i.e. animal diseases, wildfire, floods, etc. The City also utilizes its website, Channel 8, a quarterly newsletter, and various social media outlets to broadcast emergency information and public health concerns. Opportunities for Enhancement Based on the capability assessment, Wheat Ridge has several existing mechanisms in place that already help to mitigate hazards. There are also opportunities for the City to expand or improve on these policies and programs to further protect the community. Table 2-15 in the Base Plan shows the potential financial benefits from increasing the City’s Community Rating System class. City staff attends and actively participates in tabletop exercises generally related to flooding events with adjacent agencies. Lessons learned from these tabletop events are incorporated into the emergency preparedness plans of the participating departments. A recent tabletop exercise in 2021 highlighted the need to prepare response plans, including evacuation routes and centers, for flooding events along the City’s major drainageways. E.7 Plan Implementation and Maintenance Wheat Ridge has developed a Plan Maintenance and Implementation Strategy outlining their method and schedule for keeping the plan current. The Implementation Strategy below also includes a discussion of how the City will continue public participation in the plan maintenance process. Jefferson County Hazard Mitigation Plan Annex E. City of Wheat Ridge 2021-2026 Page E-23 E.7.1 Implementation and Maintenance of the 2016 Hazard Mitigation Plan The City of Wheat Ridge recognizes and acknowledges the importance of hazard mitigation and has worked to integrate and incorporate hazard information into existing planning mechanisms. The City was involved in the annual updates to the 2016 plan and when possible has implemented the various action in the plan. E.7.2 Monitoring, Evaluation, and Updating the Plan The information contained within this plan, including results from the Vulnerability Assessment, and the Mitigation Strategy will be used by the City to help inform updates and the development of local plans, programs and policies, as described in Section 6 of the Base Plan. Wheat Ridge Community Development Department will be responsible for monitoring, evaluating, and updating this plan using the process outlined in Section 6 of the Base Plan. Wheat Ridge Police Department will also be responsible for representing the City on future Jefferson County HMPC meetings, and for coordination with city staff and departments during plan updates. The Community Development and Police Departments and Fire District will meet at a minimum annually to discuss items that need to be updated and look at progress of action items. All items with budgetary requirements would need to be approved by City Council. The City of Wheat Ridge will also continue to involve the public in mitigation, as described in Section 6.4 of the Base Plan. This will include posting information on the website and utilize marketing and communications to get information to citizens and businesses. E.8 Mitigation Actions The City of Wheat Ridge has adopted the hazard mitigation goals and objectives developed by the Planning Team and described in Section 6.2 of the Base Plan. The City had ten mitigation actions in the 2016 Plan, and has completed two of them: • Maple Grove Dam operations plan • NFIP/CRS/CIP/Stormwater Utility The remaining actions have been carried over into the 2021 Plan, along with two new actions. E.8.1 National Flood Insurance Program Recognizing the importance of the National Flood Insurance Program (NFIP) in mitigating flood losses, the City of Wheat Ridge will place an emphasis on continued compliance with the NFIP. As an NFIP participant, the City has and will continue to make every effort to remain in good standing with NFIP. This includes continuing to comply with the NFIP’s standards for updating and adopting floodplain maps and maintaining and updating the floodplain zoning ordinance as well as review of any potential development in special flood hazard areas. E.8.2 Mitigation Actions The local planning team identified and prioritized the following mitigation actions for the City of Wheat Ridge based on the risk assessment. Information on how each action will be implemented and administered, such as ideas for implementation, responsible agency, potential funding, estimated cost, and timeline also are included. Many of these mitigation actions are intended to reduce impacts to existing development as well as future development. These actions include those that promote wise development and hazard avoidance, such as building code, mapping, and zoning improvements, and continued enforcement of floodplain development regulations. Actions that protect critical infrastructure note which lifeline category is protected using the following abbreviations: COM: Communications ENG: Energy FWS: Food, Water, Sheltering HAZ: Hazardous Waste H&M: Health & Medical S&S: Safety & Security TRN: Transportation Jefferson County Hazard Mitigation Plan Annex E. City of Wheat Ridge 2021-2026 Page E-24 Table E-16 City of Wheat Ridge Mitigation Action Plan Number Title and Description Hazards Mitigated Related Goals & Lifelines Lead Agency & Partners Cost Estimate & Potential Funding Priority Timeline Status & Implementation Notes Wheat Ridge 1 Clear Creek floodplain mapping and master plan. Revise the floodplain maps for Clear Creek to reflect a 30% reduction in the regulatory flows that was approved by FEMA in Jan 2017. The revised maps will more accurately depict the actual flood risk for properties along Clear Creek resulting in many properties that were added to the floodplain in 2014 being removed. Flood 2; COM, S&S, TRN Community Development & MHFD $100,000 from Wheat Ridge 2015; IGA with MHFD High 2024 In Progress. The FHAD will be finalized in 2021 with the PMR process starting soon after. Wheat Ridge 2 Sloan’s Lake floodplain mapping and master plan. Revise the floodplain maps for the Sloan's Lake basin to reflect the updated FHAD that was completed in 2019. The revised maps will more accurately depict the actual flood risk for properties. Flood 2; S&S, TRN Community Development & MHFD $17,000 from Wheat Ridge; 2016 IGA with MHFD. Low 2024 In Progress. PMR process starting in 2021. Wheat Ridge 3 Stormwater CIP - Wadsworth and 35th drainage improvements. As a part of the Wadsworth Widening project, the 1950 storm sewer will be replaced with a larger capacity system that includes a water quality pond before discharging into Clear Creek. Flood 2; TRN Community Development & CDOT. $8 million from Wheat Ridge, $63 million widening project. 2015 IGA with CDOT High 2023 In Progress Construction starting in 2021. Wheat Ridge 4 Improve Wheat Ridge CRS rating to a Class 4. Wheat Ridge is currently a Class 5 CRS community with residents in the floodplain receiving a 25% discount on their flood insurance premiums. Improving to a Class 4 would result in a 30% savings. The additional program elements in order to raise the rating results in the community being more aware, better prepared, and more resilient from flooding. Flood 2; S&S Community Development Ongoing operation. City General Fund Medium Pending completion of new maps. Not Started. Awaiting new maps for both Clear Creek and Lena Gulch to start preparing a WMP, a Class 4 prerequisite. Jefferson County Hazard Mitigation Plan Annex E. City of Wheat Ridge 2021-2026 Page E-25 Number Title and Description Hazards Mitigated Related Goals & Lifelines Lead Agency & Partners Cost Estimate & Potential Funding Priority Timeline Status & Implementation Notes Wheat Ridge 5 Floodplain Projects – Clear Creek and Lena Gulch. After the master plans are completed for Clear Creek and Lena Gulch, implement identified projects to reduce flooding and/or maintenance. Flood 2; COM, S&S, TRN Community Development & MHFD. $1.5 million for Lena Gulch and $3 million for Clear Creek; City General Fund & MHFD Medium Pending completion of new maps Not Started. Awaiting new maps and masterplans for both Clear Creek and Lena Gulch. Wheat Ridge 6 Become a Storm Ready Program Community. Participate with Jefferson County in becoming Storm Ready Communities. Extreme Temps, Hailstorm, Lightning, Severe Winter Storms, Tornado,Windstorm 1,2,3; COM, S&S Community Development Department TBD Low Unknown Not Started. Wheat Ridge 7 Channel 8/Website Updates. Provide general, non-emergency information to help plan, mitigate, and cope with the ongoing nature of hazards. Avalanche; Cyber; Dam Failure; Drought; Earthquake; Erosion/ Deposition; Expansive Soils; Extreme Temps; Flood; Hailstorm; Landslides; Lightning; Pandemic; Winter Storms; Subsidence; Tornado; Wildfire; Windstorm 1; COM, S&S Administration Services Minimal; City General Fund Medium Ongoing Annual Implementation Wheat Ridge 8 Stormwater Program and Maintenance Operations. Manage the federally mandated stormwater program to minimize pollutants entering waterways. Maintain the City's stormwater facilities to reduce the risk of flooding. Erosion and Deposition 2; COM, ENG, FWS, HAZ, H&M, S&S, TRN Community Development & Public Works Ongoing operation; City General Fund Medium Ongoing and implemented annually dependent on funding. Annual Implementation Wheat Ridge 9 Lena Gulch floodplain mapping and master plan. Revise the floodplain maps for Lena Gulch to reflect updated flows. The revised maps will Flood 2; COM, ENG, FWS, HAZ, H&M, S&S, TRN Community Development & MHFD. $30,000 from Wheat Ridge; 2021 IGA with MHFD. High 2024 New in 2021. The FHAD will be finalized in 2022 with the PMR process starting soon after. Jefferson County Hazard Mitigation Plan Annex E. City of Wheat Ridge 2021-2026 Page E-26 Number Title and Description Hazards Mitigated Related Goals & Lifelines Lead Agency & Partners Cost Estimate & Potential Funding Priority Timeline Status & Implementation Notes more accurately depict the actual flood risk for properties along Lena Gulch. Wheat Ridge 10 Streetscape Conversion to Xeriscape. Replace existing sod based streetscape with native, drought-tolerant xeriscape plan materials. The landscaping that will be installed with the Wadsworth Widening project will serve as a pilot project. Drought; Extreme Temperatures 2; COM, ENG, FWS, HAZ, H&M, S&S, TRN Community Development; Parks Implemented with new projects; City General Fund Low Ongoing and implemented annually. New in 2021. Pilot project with Wadsworth Widening. ITEM NO: 6 DATE: November 8, 2021 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO ELECT THE MAYOR PRO TEM PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _____________________________ City Manager ISSUE: Each year City Council Members elect by a majority vote a Mayor Pro Tem who serves until their successor is elected. The election is conducted according to Section III (B) of the City Council Rules of Order and Procedure as follows: B. MAYOR PRO TEM 1. At the first or second Regular meeting in November of each year, the Council shall elect a Mayor Pro Tem who shall serve until their successor is elected. The procedure shall be as follows: a) The Chair will announce that the floor is open for nominations for the position of Mayor Pro Tem. b) Nominations will be taken from City Council members by voice. No second is needed. c) Each nominee will have the opportunity to address the Council. d) A motion and second is then in order to elect one of the nominees to the position of Mayor Pro Tem. If the motion is not carried, additional motions are in order until a Mayor Pro Tem is elected by a majority of Council present. Council Action Form – Election of Mayor Pro Tem November 8, 2021 Page 2 FINANCIAL IMPACT: None BACKGROUND: Mayor Pro Tem authority and duties include: 1. In the absence of the Mayor, the Mayor Pro Tem shall preside as the Chair and shall have the voting privileges of a regular Council Member 2. Function as the Council Parliamentarian 3. Review and set the Agenda prior to Council Meetings and add emergency items for discussion if necessary 4. Remove any item from the Agenda or any Regular Meeting or Study Session, before publication, with the exception of: a. Any item placed on the Agenda by two (2) Council Members or by the Mayor and one (1) Council Member prior to the meeting b. An item added by the Council by majority vote of Council present during any meeting 5. Arrange for and coordinate the orientation of all newly elected officials, including a review of Rules of Order and Procedure for the City Council RECOMMENDED MOTION: "I move to elect _______________________ as Mayor Pro Tem, effective immediately, term to expire upon election of their successor.” REPORT PREPARED/REVIEWED BY: Patrick Goff, City Manager V:\Forms\CAFtemplate ITEM NO: 7 DATE: November 08, 2021 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE MEMORANDUM OF UNDERSTANDING AND OTHER REQUIRED DOCUMENTS PERTAINING TO OPIOID SETTLEMENTS PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ City Attorney City Manager ISSUE: Council is asked to approve the agreements needed to allow the City to receive funds made available from the national opioid litigation class action suits. PRIOR ACTION: The City of Wheat Ridge is one of several local governments in Colorado that pursued litigation against several pharmaceutical companies for their role in the national opioid epidemic. The City joined with other local governments in a class action lawsuit. FINANCIAL IMPACT: Approximately $400 million will be made available from the settlement for both the State of Colorado and local governments, for which there is a distribution process. The Colorado Department of Law has come to an agreement with local governments for distributing opioid settlement and recovery funds. The exact financial benefit to the City will be determined based on a formula administered by the state. BACKGROUND: Pharmaceutical companies Purdue Pharma, McKinsey & Co., Johnson & Johnson, AmerisourceBergen, Cardinal Health, and McKesson caused an opioid epidemic when in the late 1990s they reassured the medical community that patients would not become addicted to opioid pain relievers, and healthcare providers began to prescribe them at greater rates. Increased prescription of opioid medications led to widespread misuse of both prescription and non-prescription opioids before it became clear that these medications could indeed be highly addictive. Council Action Form – Opioid Settlements November 8, 2021 Page 2 A broad group of state and local governments, including the City of Wheat Ridge, joined in class action suits against the manufacturers. This settlement is the result of those actions. RECOMMENDATIONS: Staff and the City Attorney recommend approval. RECOMMENDED MOTION: “I move to approve the Memorandum of Understanding and other required documents pertaining to opioid settlements.” Or, “I move to postpone indefinitely the approval of the Memorandum of Understanding and other required documents pertaining to opioid settlements for the following reason(s) _________________.” REPORT PREPARED/REVIEWED BY; Gerald Dahl, City Attorney Patrick Goff, City Manager ATTACHMENTS: 1. Email letter from Colorado Attorney General Weiser 2. FAQ sheet pertaining to Opioid Settlements 3. Memorandum of Understanding The following documents are available by request to the City Clerk and are not copied into the Agenda packet: a. Subdivision Settlement Participant Forms b. Colorado Subdivision Escrow Agreement From: Opioids <opioids@coag.gov> Sent: Friday, October 1, 2021 4:00 PM To: Heidi Williams <Heidi.Williams@coag.gov> Subject: Colorado Opioid Settlement and MOU Documents - Action Needed PHIL WEISER Attorney General NATALIE HANLON LEH Chief Deputy Attorney General ERIC R. OLSON Solicitor General ERIC T. MEYER Chief Operating Officer . STATE OF COLORADO DEPARTMENT OF LAW RALPH L. CARR COLORADO JUDICIAL CENTER 1300 Broadway, 10th Floor Denver, Colorado 80203 Phone (720) 508-6000 October 1, 2021 Dear Commissioner, Mayor, Administrator, Manager and/or Attorney: We are pleased to inform you that the Colorado Department of Law has come to an agreement with Colorado’s local governments for distributing opioid settlement and recovery funds to local counties and municipalities. The attached Memorandum of Understanding (“MOU”) is the product of a lengthy and complex negotiation between the Attorney General’s Office, Colorado Counties, Inc. (“CCI”), Colorado Municipal League (“CML”), and many negotiating local governments detailing that distribution process. As you may know, the State, as well as several Colorado local governments, have pursued litigation against various pharmaceutical companies for their role in causing the opioid epidemic in Colorado. That litigation recently resulted in settlements with Purdue Pharma, McKinsey & Co., Johnson & Johnson, AmerisourceBergen, Cardinal Health, and McKesson, resulting in up to approximately $400 million in settlement funds for both the State and Colorado local governments to abate the opioid crisis. To maximize the settlement funds within Colorado, it is important that all Colorado counties and municipalities participate in these settlements and the distribution process by signing the following four documents: 1. The MOU that lays out the allocation of Opioid recoveries in the State of Colorado; 2. The Subdivision Settlement Participation Form that releases subdivisions’ legal claims against Johnson & Johnson; 3. The Subdivision Settlement Participation Form that releases subdivisions’ legal claims against AmerisourceBergen, Cardinal Health, and McKesson; and 4. The Colorado Subdivision Escrow Agreement that ensures subdivisions’ legal claims are released only when 95% participation by certain local governments has been reached. That 95% participation threshold is important because it triggers certain amounts of incentive payments under the settlements and signals to the settling pharmaceutical companies that the settlements have wide acceptance. ATTACHMENT 1 We are asking you to present the enclosed MOU, Subdivision Settlement Participation Forms, and Colorado Subdivision Escrow Agreement to the body or individual with authority to approve and execute the documents on behalf of your county or municipality. We request that you return the signed documents as detailed below by November 5, 2021. If you are unable to return the signed documents by this date, please contact Heidi Williams, Department of Law Director of Opioid Response, at Heidi.Williams@coag.gov. By promptly returning the signed documents, we will be able to put Colorado and our local governments in a position to maximize our share of the settlements and begin putting the settlement funds to use abating the crisis in our communities. Please email or mail the signed documents to either CCI or CML at the following addresses: For Counties: Colorado Counties, Inc. 800 Grant, Ste 500 Denver, CO 80203 Email: Kyley Burress KBurress@ccionline.org Katie First KFirst@ccionline.org For Municipalities: Colorado Municipal League 1144 N. Sherman St. Denver, CO 80203 Email: opioidsettlement@cml.org For more information about the opioid response funds, please check out our website at www.coag.gov/opioids. If you have any questions about the Colorado MOU, the settlements, or this letter, please contact Heidi Williams, Department of Law Director of Opioid Response, at Heidi.Williams@coag.gov. Thank you for your partnership and commitment to Colorado. Phil Weiser Attorney General Colorado Opioids Settlement MOU: Frequently Asked Questions 1.What does this “settle” and why does Colorado need an MOU? Nationwide settlements have been reached with the “Big 3” opioid distributors (McKesson, Cardinal Health, and AmerisourceBergen) and opioid manufacturer Johnson & Johnson to resolve claims by state and local governments that these companies contributed to the opioid epidemic. The claims being settled include those raised by local governments in the national multi-district litigation (“MDL”), In Re: National Prescription Opiate Litigation, MDL 2804 (N.D. Ohio). More information about these settlements can be found at https://nationalopioidsettlement.com/. The Colorado MOU establishes the framework for distributing and sharing these settlement proceeds throughout Colorado. Local governments and the State prepared the Colorado MOU, which prioritizes regionalism, collaboration, and abatement. It is expected that the Colorado MOU will also be used for settlements with other opioid defendants in the future, including any settlement from Purdue Pharma’s bankruptcy proceeding. Colorado Attorney General Phil Weiser signed the MOU on August 26, 2021. The Colorado MOU is included in this packet from the Attorney General’s Office and can also be found at www.coag.gov/opioids. 2.Who put together the Colorado MOU? Local government officials from across Colorado were involved in the negotiation of the Colorado MOU with the Attorney General’s Office. County commissioners, mayors, county and city attorneys, and other stakeholders came together with the assistance of Colorado Counties, Inc. (“CCI”) and the Colorado Municipal League (“CML”) to establish the framework and negotiate the details of the Colorado MOU. 3.How much money will Colorado receive and over what period of time? Funds from the Big 3 and Johnson & Johnson settlements will be distributed over a period of years. The Big 3 distributors will pay a maximum of $21 billion over 18 years, while Johnson & Johnson will pay a maximum of $5 billion over no more than nine years. In total, up to approximately $22.8 billion in settlement proceeds will be payable to state and local subdivisions nationwide. Each state receives a percentage of that recovery, and Colorado’s maximum share from these settlements will likely be more than $300 million. However, as discussed more below, Colorado will receive its maximum share of settlement payments only if enough local governments sign on to the deal. Also, the settling defendants have the option to “walk away” from the deals if there is not enough participation, so it is important that a “critical mass” of local governments signs on soon. Otherwise, the entire deal could fall through. ATTACHMENT 2 4. How can we maximize Colorado’s recovery? The MOU was designed to ensure that as many local governments as possible would agree to its terms. The Big 3 Distributor and Johnson & Johnson settlements include incentive payments based on how many governments participate. Strong participation from local governments is needed to receive the full settlement payments for all of Colorado. Local governments should sign the Colorado Subdivision Escrow Agreement to ensure their legal claims are released only when 95% participation by local governments has been reached, which secures significant incentive payments under these settlement agreements. For more information on the incentive payments, please see the graphics below: 5. Is participation limited to litigating entities? No, participation is not limited to governments that filed suit in the opioid litigation. Money from these settlements will be used for opioid crisis abatement in communities across Colorado, regardless of whether they have chosen to sue. All Colorado local governments are eligible to participate in the settlements and join the MOU, and the MOU does not allocate more funds to cities and counties that chose to file suit—all cities and counties in Colorado are allocated funds based on the same objective factors. 6. How will settlement proceeds be divided within the state under the Colorado MOU? Under the Colorado MOU, settlement proceeds will be distributed as follows: • 10% directly to the State (“State Share”) • 20% directly to Participating Local Governments (“LG Share”) • 60% directly to Regions (“Regional Share”) • 10% to specific abatement infrastructure projects (“Statewide Infrastructure Share”) 7. How will the money be spent? Under the Colorado MOU, all settlement funds must be used only for “Approved Purposes,” a long and broad list that focuses on abatement strategies. These strategies emphasize prevention, treatment, and harm reduction. Some examples of these strategies include training health care providers on opioid use disorder (“OUD”) treatment and responsible prescribing, expanding telehealth and mobile services for treatment, and increasing naloxone and rescue breathing supplies. The list of Approved Purposes is broad enough to be flexible for local communities, while ensuring that settlement funds are used to combat the opioid epidemic. The list of Approved Purposes is attached as Exhibit A to the MOU, unless the term is otherwise defined in a settlement. To ensure that settlement funds are in fact used only for Approved Purposes, a General Abatement Fund Council (the “Abatement Council”) will be formed. This committee will consist of thirteen representatives appointed by the State and Participating Local Governments to ensure opioid funds are spent in compliance with the terms of the settlements and the Colorado MOU. 8. How will direct payments to local governments be allocated? Under the Colorado MOU, 20% of the settlement funds will be paid directly to local governments. A list of the percentage of settlement funds that will be allocated to each County Area (that is, the county government plus the municipalities within that county) is Exhibit D to the Colorado MOU. Those allocations are further broken down to an intracounty level in Exhibit E, which is a default allocation. The allocations to each County Area are based on three factors that address the relative severity of the opioid crisis: (a) the number of persons suffering from Opioid Use Disorder in the county; (b) the number of opioid overdose deaths in the county; and (c) the amount of opioids distributed within the county (measured in Morphine Milligram Equivalent units). The intracounty allocations in Exhibit E are based on a default allocation model that will apply unless the local governments in a County Area enter into an agreement that provides for a different allocation model. These allocations are based on a model developed by health economist experts, which use data from the State and Local Governments Census on past spending relevant to opioid abatement. To ensure transparency and that settlement funds are used for Approved Purposes, local governments that receive settlement funds directly will be required to provide expenditure data to the Abatement Council on an annual basis. Local governments that wish to join the MOU but do not wish to receive any direct payments have the option to redirect their payments to the Regional allocation described below. A local government that chooses not to participate or sign onto the Colorado MOU will not receive funds from the LG Share and the portion of the LG share that it would have received will instead be re-allocated to the Regional Share described below. 9. How will payments to Regions be allocated? Under the Colorado MOU, 60% of the settlement funds will be allocated to single- or multi- county regions made up of local governments. Local governments in Colorado worked collaboratively to develop the Regional Map, which emphasizes existing local infrastructure and relationships. The regional map is below, as well as included in the Colorado MOU as Exhibit C: For more information on the percentages of settlement funds that will be allocated to each Region, please see Exhibit F of the Colorado MOU. 10. How will the Regions be governed? Each Region will create its own “Regional Council” consisting of members from the constituent local governments to determine what Approved Purposes to fund with the Region’s allocation. The Regional Council will have the power to make spending decisions in the Region. The Regions will designate a fiscal agent prior to receiving any settlement funds. Regional governance models are attached to the Colorado MOU as Exhibit G. Each Region may draft its own intra-regional agreements, bylaws, or other governing documents to determine how the Regional Council will operate. Each Regional Council will provide expenditure data to the Abatement Council on an annual basis. 11. How will the Statewide Infrastructure Share work? Many stakeholders have expressed a need for capital improvements across Colorado, and particularly in underserved areas, to abate the opioid crisis. The Colorado MOU directly addresses this by allocating 10% of settlement funds going to these projects. This money will be distributed by a statewide committee based on need. The Abatement Council will establish and publish policies and procedures for the distribution and oversight of the Statewide Infrastructure Share, including processes for local governments or regions to apply for opioid funds from the Statewide Infrastructure Share. 12. How will attorneys’ fees and expenses be paid? The Attorney General and local governments have agreed to a “Back-Stop Fund” for attorneys’ fees and costs. The attorneys’ fee provision in the Colorado MOU equitably allocates the cost of attorneys’ fees across all local governments, while also allowing non-litigating entities to share in the 25% premium for releases signed by the litigating entities in the “Big 3” Distributor and Johnson & Johnson settlements. Before a law firm can apply to the Back-Stop Fund, it must first apply to any national common benefit fee fund. The Back-Stop Fund will only be used to pay the difference between what law firms are owed and the amount they have received from a national common benefit fee fund. Attorneys’ fees are limited to 8.7% of the total LG Share and 4.35% of the total Regional Share. No funds will be taken from the Statewide Infrastructure Share or State Share. A committee will be formed to oversee payments from the Back-Stop Fund. The committee will include litigating and non-litigating entities. Importantly, any excess money in the Back-Stop fund, after attorneys’ fees and costs are paid, will go back to the local governments. 13. Why is this a great result for local governments? The Colorado MOU will ensure effective and efficient use of funds without dilution or diversion of opioid settlement money to unrelated purposes or unnecessary overhead expenses. In the Colorado MOU the local governments control 80% of the settlement funds. • Bottom-Up Approach – The need is at the local level, so the resources should be, too. • Local Voices – The communities bearing the brunt of this burden must have a meaningful seat at the table to make decisions about where resources go. • Flexibility – The Colorado MOU provides an opportunity for local governments to decide how to entrust their own regional funds without unnecessary red tape. 14. How do I sign the MOU? Local governments should sign four documents. a. First is the MOU. b. Next, each local government will need to sign a Subdivision Settlement Participation Form for each of the two settlements (the “Big 3” Distributor settlement and the Johnson & Johnson settlement) releasing their legal claims and stating they are participating in the settlements. c. In addition, a Colorado Subdivision Escrow Agreement should be signed to ensure legal claims are released only when 95% participation by certain local governments has been reached, which secures a significant portion of the incentive payments described in FAQ 4, above. Under the terms of the Colorado Subdivision Escrow Agreement, CCI (for counties) or CML (for municipalities) will hold the MOUs and the Subdivision Settlement Participation Forms for each of the settlements in escrow until 95% participation by local governments has been reached as to specified incentive payments under the respective settlement agreements. Copies of the Subdivision Settlement Participation Forms, the MOU with signature pages for each local government, and the Colorado Subdivision Escrow Agreement will be provided by the Attorney General’s Office. The documents should be executed by the individual or body with authority to do so on behalf of their respective county or municipality and submitted by mail or email to either CCI or CML at the following addresses: For Counties: Colorado Counties, Inc. 800 Grant, Ste 500 Denver, CO 80203 Email: Kyley Burress KBurress@ccionline.org Katie First KFirst@ccionline.org For Municipalities: Colorado Municipal League 1144 N. Sherman St. Denver, CO 80203 Email: opioidsettlement@cml.org If you have any questions, please reach out to Heidi Williams of the Colorado AG’s office at Heidi.Williams@coag.gov. 4831-7831-1416, v. 5 C O L O R A D O O P I O I D S S E T T L E M E N T M E M O R A N D U M O F U N D E R S T A N D I N G ( “ M O U ” ) T h u r s d a y , A u g u s t 2 6 , 2 0 2 1 A u g u s t 2 5 , 2 0 2 1 A t t o r n e y G e n e r a l v e r s i o n A . D e f i n i t i o n s A s u s e d i n t h i s M O U : 1 . “ A p p r o v e d P u r p o s e ( s ) ” s h a l l m e a n f o r w a r d - l o o k i n g s t r a t e g i e s , p r o g r a m m i n g , a n d s e r v i c e s t o a b a t e t h e o p i o i d e p i d e m i c a s i d e n t i f i e d b y t h e t e r m s o f a n y S e t t l e m e n t . I f a S e t t l e m e n t i s s i l e n t o n A p p r o v e d P u r p o s e ( s ) , t h e n A p p r o v e d P u r p o s e ( s ) s h a l l m e a n t h o s e f o r w a r d - l o o k i n g s t r a t e g i e s t o a b a t e t h e o p i o i d e p i d e m i c i d e n t i f i e d i n E x h i b i t A o r a n y s u p p l e m e n t a l f o r w a r d - l o o k i n g a b a t e m e n t s t r a t e g i e s a d d e d t o E x h i b i t A b y t h e A b a t e m e n t C o u n c i l . C o n s i s t e n t w i t h t h e t e r m s o f a n y S e t t l e m e n t , “ A p p r o v e d P u r p o s e s ” s h a l l a l s o i n c l u d e t h e r e a s o n a b l e a d m i n i s t r a t i v e c o s t s a s s o c i a t e d w i t h o v e r s e e i n g a n d a d m i n i s t e r i n g O p i o i d F u n d s f r o m e a c h o f t h e f o u r ( 4 ) S h a r e s d e s c r i b e d i n S e c t i o n ( B ) ( 2 ) . R e i m b u r s e m e n t b y t h e S t a t e o r L o c a l G o v e r n m e n t s f o r p a s t e x p e n s e s a r e n o t A p p r o v e d P u r p o s e ( s ) . “ A p p r o v e d P u r p o s e s ” s h a l l i n c l u d e a t t o r n e y s ’ f e e s a n d e x p e n s e s i n c u r r e d i n t h e c o u r s e o f t h e o p i o i d l i t i g a t i o n t h a t a r e p a i d t h r o u g h t h e p r o c e s s d i s c u s s e d b e l o w . 2 . “ C o u n t y A r e a ” s h a l l m e a n a c o u n t y i n t h e S t a t e o f C o l o r a d o p l u s t h e L o c a l G o v e r n m e n t s , o r p o r t i o n o f a n y L o c a l G o v e r n m e n t , w i t h i n t h a t c o u n t y . 3 . “ E f f e c t i v e D a t e ” s h a l l m e a n t h e d a t e o n w h i c h a c o u r t o f c o m p e t e n t j u r i s d i c t i o n , i n c l u d i n g a n y b a n k r u p t c y c o u r t , e n t e r s t h e f i r s t S e t t l e m e n t b y o r d e r o r c o n s e n t d e c r e e . T h e P a r t i e s a n t i c i p a t e t h a t m o r e t h a n o n e S e t t l e m e n t w i l l b e a d m i n i s t e r e d a c c o r d i n g t o t h e t e r m s o f t h i s M O U , b u t t h a t t h e f i r s t e n t e r e d S e t t l e m e n t w i l l t r i g g e r t h e f o n n a t i o n o f t h e A b a t e m e n t C o u n c i l i n S e c t i o n ( C ) a n d t h e R e g i o n a l C o u n c i l s i n S e c t i o n ( F ) ( 5 ) ) 4 . “ G e n e r a l A b a t e m e n t F u n d C o u n c i l , ” o r “ A b a t e m e n t C o u n c i l , ” s h a l l h a v e t h e m e a n i n g d e s c r i b e d i n S e c t i o n ( C ) , b e l o w . F o r t h e a v o i d a n c e o f d o u b t , t h e M c K i n s e y S e t t l e m e n t a n d a n y o t h e r S e t t l e m e n t t h a t p r e c e d e s t h e f i n a l i z a t i o n o f d r a f t i n g t h i s M O U a r e n o t c o n s i d e r e d a t r i g g e r f o r p u r p o s e s o f t h e c a l c u l a t i o n o f “ E f f e c t i v e D a t e . ” 1 A T T A C H M E N T 3 5 . “ L o c a l G o v e r n m e n t ( s ) ” s h a l l m e a n a l l c o u n t i e s i n t h e S t a t e o f C o l o r a d o a n d t h e m u n i c i p a l i t i e s , t o w n s , a n d c o u n t y a n d c i t y m u n i c i p a l c o r p o r a t i o n s t h a t a r c l i s t e d i n E x h i b i t B . 6 . “ N a t i o n a l O p i o i d S e t t l e m e n t A d m i n i s t r a t i v e F u n d ” s h a l l m e a n a n y f u n d i d e n t i f i e d b y a S e t t l e m e n t f o r t h e n a t i o n a l d i s t r i b u t i o n o f O p i o i d F u n d s . 7 . “ O p i o i d F u n d s ” s h a l l m e a n d a m a g e a w a r d s o b t a i n e d t h r o u g h a S e t t l e m e n t . 8 . “ O p i o i d S e t t l i n g D e f e n d a n t ” s h a l l m e a n a n y p e r s o n o r e n t i t y , o r i t s a f f i l i a t e s , t h a t e n g a g e s i n o r h a s e n g a g e d i n t h e m a n u f a c t u r e , m a r k e t i n g , p r o m o t i o n , d i s t r i b u t i o n , o r d i s p e n s i n g o f l i c i t o p i o i d s . 9 . “ P a r t i c i p a t i n g L o c a l G o v e r n m e n t ( s ) ” s h a l l m e a n a l l L o c a l G o v e r n m e n t s t h a t s i g n t h i s M O U , a n d i f r e q u i r e d u n d e r t e r m s o f a p a r t i c u l a r S e t t l e m e n t , w h o h a v e e x e c u t e d a r e l e a s e o f c l a i m s w i t h t h e O p i o i d S e t t l e m e n t D e f e n d a n t ( s ) . F o r t h e a v o i d a n c e o f d o u b t , a L o c a l G o v e r n m e n t m u s t s i g n t h i s M O U t o b e c o m e a “ P a r t i c i p a t i n g L o c a l G o v e r n m e n t . ” L o c a l G o v e r n m e n t s m a y d e s i g n a t e t h e a p p r o p r i a t e i n d i v i d u a l f r o m t h e i r e n t i t y t o s i g n t h e M O U . 1 0 . “ P a r t y ” o r “ P a r t i e s ” s h a l l m e a n t h e S t a t e a n d / o r P a r t i c i p a t i n g L o c a l G o v e r n m e n t ( s ) . I I . “ Q u a l i f i e d S e t t l e m e n t F u n d A c c o u n t , ” o r “ Q S F A c c o u n t , ” s h a l l m e a n a n a c c o u n t s e t u p a s a q u a l i f i e d s e t t l e m e n t f u n d , 4 6 8 b f u n d , a s a u t h o r i z e d b y T r e a s u r y R e g u l a t i o n s l . 4 6 8 B - 1 ( c ) ( 2 6 C F R § l . 4 6 8 B - l ) . 1 2 . “ R e g i o n a l C o u n c i l ” s h a l l h a v e t h e m e a n i n g d e s c r i b e d i n S e c t i o n ( F ) ( 5 ) , b e l o w . 1 3 . “ S e t t l e m e n t ” s h a l l m e a n t h e n e g o t i a t e d r e s o l u t i o n o f l e g a l o r e q u i t a b l e c l a i m s a g a i n s t a n O p i o i d S e t t l i n g D e f e n d a n t w h e n t h a t r e s o l u t i o n h a s b e e n j o i n t l y e n t e r e d i n t o b y t h e S t a t e a n d t h e P a r t i c i p a t i n g L o c a l G o v e r n m e n t s , o r b y a n y i n d i v i d u a l P a r t y o r c o l l e c t i o n o f P a r t i e s t h a t o p t t o s u b j e c t t h e i r S e t t l e m e n t t o t h i s M O U . U n l e s s o t h e r w i s e d i r e c t e d b y a n o r d e r f r o m a U n i t e d S t a t e s B a n k r u p t c y C o u r t , “ S e t t l e m e n t ” s h a l l a l s o i n c l u d e d i s t r i b u t i o n s f r o m a n y l i q u i d a t i o n u n d e r C h a p t e r 7 o f t h e U n i t e d S t a t e s B a n k r u p t c y C o d e o r c o n f i r m e d p l a n u n d e r C h a p t e r 1 1 o f t h e U n i t e d S t a t e s B a n k r u p t c y C o d e t h a t t r e a t s t h e c l a i m s o f t h e S t a t e a n d L o c a l G o v e r n m e n t s a g a i n s t a n O p i o i d S e t t l i n g D e f e n d a n t . 1 4 . “ T h e S t a t e ” s h a l l m e a n t h e S t a t e o f C o l o r a d o a c t i n g t h r o u g h i t s A t t o r n e y G e n e r a l a n d t h e C o l o r a d o D e p a r t m e n t o f L a w . B . A l l o c a t i o n o f S e t t l e m e n t P r o c e e d s 1 . A l l O p i o i d F u n d s s h a l l b e h e l d i n a c c o r d a n c e w i t h t h e t e r m s o f a n y S e t t l e m e n t . I f a S e t t l e m e n t a l l o w s O p i o i d F u n d s t o b e h e l d i n a N a t i o n a l O p i o i d S e t t l e m e n t A d m i n i s t r a t i v e F u n d , t h e n O p i o i d F u n d s s h a l l b e h e l d i n s u c h N a t i o n a l O p i o i d S e t t l e m e n t A d m i n i s t r a t i v e F u n d . I f a S e t t l e m e n t d o e s n o t a l l o w f o r O p i o i d F u n d s 2 t o b e h e l d i n a N a t i o n a l O p i o i d S e t t l e m e n t A d m i n i s t r a t i v e F u n d , O p i o i d F u n d s s h a l l b e h e l d i n a C o l o r a d o - s p e c i f i c Q S F A c c o u n t o r , u n d e r t h e f o l l o w i n g l i m i t e d c i r c u m s t a n c e s , i n t h e S t a t e ’ s C u s t o d i a l A c c o u n t : 1 ) i f a t t h e t i m e o f a S e t t l e m e n t , a C o l o r a d o - s p e c i f i c Q S F A c c o u n t i s n o t y e t e s t a b l i s h e d , a l t h o u g h i n s u c h c a s e , t h e O p i o i d F u n d s s h a l l b e t r a n s f e r r e d t o t h e C o l o r a d o - s p e c i f i c Q S F A c c o u n t o n c e i t i s e s t a b l i s h e d o r 2 ) w h e r e t h e A b a t e m e n t F u n d C o u n c i l d e t e n T l i n e s O p i o i d s F u n d s c a n n o t b e l e g a l l y h e l d i n a C o l o r a d o - s p e c i f i c Q S F A c c o u n t . R e g a r d l e s s o f w h e t h e r O p i o i d F u n d s a r e h e l d i n a N a t i o n a l A d m i n i s t r a t i v e F u n d , a C o l o r a d o - s p e c i f i c Q S F A c c o u n t , o r i n t h e S t a t e ’ s C u s t o d i a l A c c o u n t , t h e A b a t e m e n t C o u n c i l s h a l l a p p o i n t o n e o f i t s m e m b e r s t o s e r v e a s t h e p o i n t o f c o n t a c t i n a c c o r d a n c e S e c t i o n ( C ) ( 4 ) ( b ) ( i ) , b e l o w . 2 . A l l O p i o i d F u n d s , a t t h e t i m e o f a S e t t l e m e n t o r a t t h e t i m e d e s i g n a t e d i n t h e S e t t l e m e n t d o c u m e n t s , s h a l l b e d i v i d e d a n d d i s t r i b u t e d a s f o l l o w s : 2 a . 1 0 % d i r e c t l y t o t h e S t a t e ( “ S t a t e S h a r e ” ) f o r A p p r o v e d P u r p o s e s i n a c c o r d a n c e w i t h S e c t i o n ( D ) , b e l o w ; b . 2 0 % d i r e c t l y t o P a r t i c i p a t i n g L o c a l G o v e r n m e n t s ( “ L G S h a r e ” ) f o r A p p r o v e d P u r p o s e s i n a c c o r d a n c e w i t h S e c t i o n ( E ) , b e l o w ; c . 6 0 % d i r e c t l y t o R e g i o n s ( “ R e g i o n a l S h a r e ” ) f o r A p p r o v e d P u r p o s e s i n a c c o r d a n c e w i t h S e c t i o n ( F ) , b e l o w ; a n d d . 1 0 % t o s p e c i f i c a b a t e m e n t i n f r a s t r u c t u r e p r o j e c t s ( “ S t a t e w i d e I n f r a s t r u c t u r e S h a r e ” ) f o r A p p r o v e d P u r p o s e s i n a c c o r d a n c e w i t h S e c t i o n ( G ) , b e l o w . 3 . D i s t r i b u t i o n o f t h e S h a r e s i n S e c t i o n B ( 2 ) ( a ) — ( d ) s h a l l b e d i r e c t , m e a n i n g t h a t f u n d s h e l d i n a c c o r d a n c e w i t h S e c t i o n B ( l ) s h a l l b e d i s b u r s e d d i r e c t l y t o t h e S t a t e , P a r t i c i p a t i n g L o c a l G o v e r n m e n t s , R e g i o n s , a n d t h e S t a t e w i d e I n f r a s t r u c t u r e S h a r e a c c o r d i n g t o t h e t e r m s o f t h i s M O U . 4 . A l l O p i o i d F u n d s , r e g a r d l e s s o f a l l o c a t i o n , s h a l l b e u s e d f o r A p p r o v e d P u r p o s e s . 5 . P a r t i c i p a t i n g L o c a l G o v e r n m e n t s m a y e l e c t t o s h a r e , p o o l , o r c o l l a b o r a t e w i t h t h e i r r e s p e c t i v e a l l o c a t i o n o f t h e L G o r R e g i o n a l S h a r e s i n a n y m a n n e r t h e y c h o o s e , s o l o n g a s s u c h s h a r i n g , p o o l i n g , o r c o l l a b o r a t i o n i s u s e d f o r A p p r o v e d P u r p o s e s a n d c o m p l i e s w i t h t h e t e n T i s o f t h i s M O U a n d a n y S e t t l e m e n t . C . G e n e r a l A b a t e m e n t F u n d C o u n c i l A G e n e r a l A b a t e m e n t F u n d C o u n c i l ( t h e “ A b a t e m e n t C o u n c i l ” ) , c o n s i s t i n g o f r e p r e s e n t a t i v e s a p p o i n t e d b y t h e S t a t e a n d P a r t i c i p a t i n g L o c a l G o v e r n m e n t s , s h a l l 2 T h i s M O U t r e a t s m u l t i - c o u n t y h e a l t h d e p a r t m e n t s a s c o u n t y h e a l t h d e p a r t m e n t s f o r p u r p o s e s o f a l l o c a t i o n a n d d i s t r i b u t i o n o f a b a t e m e n t p r o c e e d s a n d t h e r e f o r e m u l t i - c o u n t y h e a l t h d e p a r t m e n t s s h a l l n o t r e c e i v e a n y O p i o i d F u n d s d i r e c t l y . T h i r d - P a r t y P a y o r s ( “ T P P s ” ) a r e n o t P a r t i e s t o t h i s M O U . 3 b c c r e a t e d t o e n s u r e t h e d i s t r i b u t i o n o f O p i o i d F u n d s c o m p l i e s w i t h t h e t e r m s o f a n y S e t t l e m e n t a n d t o p r o v i d e o v e r s i g h t o f t h e O p i o i d F u n d s i n a c c o r d a n c e w i t h t h e t e r m s o f t h i s M O U . 2 . M e m b e r s h i p : T h e A b a t e m e n t C o u n c i l s h a l l c o n s i s t o f t h e f o l l o w i n g t h i r t e e n ( 1 3 ) m e m b e r s , w h o s h a l l s e r v e i n t h e i r o f f i c i a l c a p a c i t y o n l y . a . S t a t e M e m b e r s : S e v e n ( 7 ) m e m b e r s s h a l l b e a p p o i n t e d b y t h e S t a t e , a s a u t h o r i z e d v o l u n t e e r s o f t h e S t a t e , a s f o l l o w s : ( i ) A C h a i r t o s e r v e a s a n o n - v o t i n g m e m b e r , e x c e p t i n t h e e v e n t o f a t i e ; ( i i ) T w o ( 2 ) m e m b e r s w h o a r e l i c e n s e d p r o f e s s i o n a l s w i t h s i g n i f i c a n t e x p e r i e n c e i n s u b s t a n c e u s e d i s o r d e r s ; ( i i i ) T h r e e ( 3 ) m e m b e r s w h o a r e p r o f e s s i o n a l s w i t h s i g n i f i c a n t e x p e r i e n c e i n p r e v e n t i o n , e d u c a t i o n , r e c o v e r y , t r e a t m e n t , c r i m i n a l j u s t i c e , r u r a l p u b l i c h e a l t h i s s u e s , o r g o v e r n m e n t a d m i n i s t r a t i o n r e l a t e d t o s u b s t a n c e u s e d i s o r d e r s ; a n d ( i v ) O n e ( 1 ) m e m b e r o r f a m i l y m e m b e r a f f e c t e d d i r e c t l y b y t h e o p i o i d c r i s i s . b . L o c a l G o v e r n m e n t M e m b e r s : S i x ( 6 ) m e m b e r s s h a l l b e a p p o i n t e d b y t h e P a r t i c i p a t i n g L o c a l G o v e r n m e n t s . L o c a l G o v e r n m e n t M e m b e r s s h a l l b e a C o u n t y C o m m i s s i o n e r , M a y o r , C i t y o r T o w n C o u n c i l M e m b e r , o r a p r o f e s s i o n a l w i t h s i g n i f i c a n t e x p e r i e n c e i n p r e v e n t i o n , e d u c a t i o n , r e c o v e r y , t r e a t m e n t , c r i m i n a l j u s t i c e , r u r a l p u b l i c h e a l t h i s s u e s , o r g o v e r n m e n t a l a d m i n i s t r a t i o n r e l a t e d t o s u b s t a n c e u s e d i s o r d e r s . A P a r t i c i p a t i n g L o c a l G o v e r n m e n t m a y d e t e r m i n e w h i c h L o c a l G o v e r n m e n t M e m b e r s a r e e l i g i b l e ( o r i n e l i g i b l e ) t o s e r v e o n t h e G e n e r a l A b a t e m e n t F u n d C o u n c i l . C o u n t y C o m m i s s i o n e r s , C i t y o r T o w n C o u n c i l M e m b e r s , a n d / o r M a y o r s f r o m t h e R e g i o n s i d e n t i f i e d i n E x h i b i t C s h a l l c o l l a b o r a t e t o a p p o i n t L o c a l G o v e r n m e n t M e m b e r s a s f o l l o w s : ( i ) T w o ( 2 ) M e m b e r s f r o m R e g i o n s 1 , 5 , 1 3 , 1 4 , 1 5 , 1 7 , 1 8 ; ( i i ) T w o ( 2 ) M e m b e r s f r o m R e g i o n s 2 , 6 , 7 , 8 , 9 , 1 0 , 1 1 , 1 2 , 1 6 ; a n d ( i i i ) T w o ( 2 ) M e m b e r s f r o m R e g i o n s 3 , 4 , 1 9 . c . T e r m s : T h e A b a t e m e n t C o u n c i l s h a l l b e e s t a b l i s h e d w i t h i n n i n e t y ( 9 0 ) d a y s o f t h e E f f e c t i v e D a t e . I n o r d e r t o d o s o , w i t h i n s i x t y ( 6 0 ) d a y s o f t h e E f f e c t i v e D a t e , t h e S t a t e s h a l l a p p o i n t t h e S t a t e M e m b e r s i n a c c o r d a n c e w i t h S e c t i o n ( C ) ( 2 ) ( a ) , a n d a f t e r c o n f e r r a l w i t h t h e L o c a l G o v e r n m e n t s , C C I a n d C M L s h a l l j o i n t l y a p p o i n t s i x ( 6 ) L o c a l G o v e r n m e n t M e m b e r s f o r a n i n i t i a l t e r m n o t t o e x c e e d o n e y e a r . T h e r e a f t e r , M e m b e r s s h a l l b e 4 a p p o i n t c d i n a c c o r d a n c e w i t h t h i s S e c t i o n a n d S e c t i o n s ( C ) ( 2 ) ( a ) a n d ( b ) a n d m a y s e r v e n o m o r e t h a n t w o ( 2 ) c o n s e c u t i v e t w o - y e a r t e r m s , f o r a t o t a l o f f o u r ( 4 ) c o n s e c u t i v e y e a r s . E x c e p t t h a t , b e g i n n i n g i n t h e s e c o n d y e a r o n l y , t w o ( 2 ) S t a t e M e m b e r s a n d t w o ( 2 ) L o c a l G o v e r n m e n t m e m b e r s s h a l l b e a p p o i n t e d f o r a t h r e e - y e a r t e r m a n d m a y s e r v e o n e c o n s e c u t i v e t w o - y e a r t e r m t h e r e a f t e r . T h e C h a i r s h a l l h a v e n o t e r m b u t m a y b e r e p l a c e d a t t h e S t a t e ’ s d i s c r e t i o n . ( i ) I f a S t a t e o r L o c a l G o v e r n m e n t M e m b e r r e s i g n s o r i s o t h e r w i s e r e m o v e d f r o m t h e A b a t e m e n t C o u n c i l p r i o r t o t h e e x p i r a t i o n o f t h e i r t e r m , a r e p l a c e m e n t M e m b e r s h a l l b e a p p o i n t e d w i t h i n s i x t y ( 6 0 ) d a y s i n a c c o r d a n c e w i t h S e c t i o n s ( C ) ( 2 ) ( a ) a n d ( b ) . ( i i ) I f a L o c a l G o v e r n m e n t M e m b e r v a c a n c y e x i s t s f o r m o r e t h a n s i x t y ( 6 0 ) d a y s , t h e S t a t e s h a l l a p p o i n t a r e p l a c e m e n t L o c a l G o v e r n m e n t M e m b e r t o s e r v e u n t i l t h e v a c a n c y i s f i l l e d i n a c c o r d a n c e w i t h S e c t i o n ( C ) ( 2 ) ( b ) . 3 . D u t i e s : T h e A b a t e m e n t C o u n c i l i s p r i m a r i l y r e s p o n s i b l e f o r e n s u r i n g t h a t t h e d i s t r i b u t i o n o f O p i o i d F u n d s c o m p l i e s w i t h t h e t e r m s o f t h i s M O U . T h e A b a t e m e n t C o u n c i l i s a l s o r e s p o n s i b l e f o r o v e r s i g h t o f O p i o i d F u n d s f r o m t h e R e g i o n a l S h a r e i n a c c o r d a n c e w i t h S e c t i o n ( F ) , b e l o w , a n d f o r d e v e l o p i n g p r o c e s s e s a n d p r o c e d u r e s f o r t h e d i s t r i b u t i o n a n d o v e r s i g h t o f O p i o i d F u n d s f r o m t h e S t a t e w i d e I n f r a s t r u c t u r e S h a r e i n a c c o r d a n c e w i t h S e c t i o n ( G ) b e l o w . 4 . G o v e r n a n c e : T h e A b a t e m e n t C o u n c i l s h a l l d r a f t i t s o w n b y l a w s o r o t h e r g o v e r n i n g d o c u m e n t s , w h i c h m u s t i n c l u d e a p p r o p r i a t e c o n f l i c t o f i n t e r e s t a n d d i s p u t e r e s o l u t i o n p r o v i s i o n s , i n a c c o r d a n c e w i t h t h e t e r m s o f t h i s M O U a n d t h e f o l l o w i n g p r i n c i p l e s : a . A u t h o r i t y : T h e A b a t e m e n t C o u n c i l d o e s n o t h a v e r u l e m a k i n g a u t h o r i t y . T h e t e r m s o f t h i s M O U a n d a n y S e t t l e m e n t , a s e n t e r e d b y a n y c o u r t o f c o m p e t e n t j u r i s d i c t i o n , i n c l u d i n g a n y b a n k r u p t c y c o u r t , c o n t r o l t h e a u t h o r i t y o f t h e A b a t e m e n t C o u n c i l a n d t h e A b a t e m e n t C o u n c i l s h a l l n o t s t r a y o u t s i d e t h e b o u n d s o f t h e a u t h o r i t y a n d p o w e r v e s t e d b y t h i s M O U a n d a n y S e t t l e m e n t . b . A d m i n i s t r a t i o n : T h e A b a t e m e n t C o u n c i l s h a l l b e r e s p o n s i b l e f o r a n a c c o u n t i n g o f a l l O p i o i d F u n d s . T h e A b a t e m e n t C o u n c i l s h a l l b e r e s p o n s i b l e f o r r e l e a s i n g O p i o i d F u n d s i n a c c o r d a n c e w i t h S e c t i o n ( B ) ( l ) f o r t h e R e g i o n a l a n d S t a t e w i d e I n f r a s t r u c t u r e S h a r e s i n S e c t i o n s ( B ) ( 2 ) ( c ) a n d ( d ) a n d s h a l l d e v e l o p p o l i c i e s a n d p r o c e d u r e s f o r t h e r e l e a s e a n d o v e r s i g h t o f s u c h f u n d s i n a c c o r d a n c e w i t h S e c t i o n s ( F ) a n d ( G ) . S h o u l d t h e A b a t e m e n t C o u n c i l r e q u i r e a s s i s t a n c e w i t h p r o v i d i n g a n a c c o u n t i n g o f O p i o i d F u n d s , i t m a y s e e k a s s i s t a n c e f r o m t h e S t a t e . 5 ( i ) T h e A b a t e m e n t C o u n c i l s h a l l a p p o i n t o n e o f i t s m e m b e r s t o s e r v e a s a p o i n t o f c o n t a c t f o r t h e p u r p o s e o f c o m m u n i c a t i n g w i t h t h e e n t i t y h o l d i n g O p i o i d F u n d s i n a c c o r d a n c e w i t h S e c t i o n ( B ) ( l ) a n d i n t h a t r o l e s h a l l o n l y a c t a s d i r e c t e d b y t h e A b a t e m e n t C o u n c i l . c . T r a n s p a r e n c y : T h e A b a t e m e n t C o u n c i l s h a l l o p e r a t e w i t h a l l r e a s o n a b l e t r a n s p a r e n c y a n d o p e r a t e i n a m a n n e r c o n s i s t e n t w i t h a l l C o l o r a d o l a w s r e l a t i n g t o o p e n r e c o r d s a n d m e e t i n g s r e g a r d l e s s o f w h e t h e r t h e A b a t e m e n t C o u n c i l i s o t h e r w i s e o b l i g a t e d t o c o m p l y w i t h t h e m . ( i ) T h e A b a t e m e n t C o u n c i l s h a l l d e v e l o p a c e n t r a l i z e d p u b l i c d a s h b o a r d o r o t h e r r e p o s i t o r y f o r t h e p u b l i c a t i o n o f e x p e n d i t u r e d a t a f r o m a n y P a r t y o r R e g i o n a l C o u n c i l t h a t r e c e i v e s O p i o i d F u n d s i n a c c o r d a n c e w i t h S e c t i o n s ( D ) - ( G ) . ( i i ) T h e A b a t e m e n t C o u n c i l m a y a l s o r e q u i r e o u t c o m e r e l a t e d d a t a f r o m a n y P a r t y o r R e g i o n a l C o u n c i l t h a t r e c e i v e s O p i o i d F u n d s i n a c c o r d a n c e w i t h S e c t i o n s ( D ) - ( G ) a n d m a y p u b l i s h s u c h o u t c o m e r e l a t e d d a t a i n t h e c e n t r a l i z e d p u b l i c d a s h b o a r d o r o t h e r r e p o s i t o r y d e s c r i b e d a b o v e . I n d e t e n n i n i n g w h i c h o u t c o m e r e l a t e d d a t a m a y b e r e q u i r e d , t h e A b a t e m e n t C o u n c i l s h a l l w o r k w i t h a l l P a r t i e s a n d R e g i o n a l C o u n c i l s t o i d e n t i f y a p p r o p r i a t e d a t a s e t s a n d d e v e l o p r e a s o n a b l e p r o c e d u r e s f o r c o l l e c t i n g s u c h d a t a s e t s s o t h a t t h e a d m i n i s t r a t i v e b u r d e n d o e s n o t o u t w e i g h t h e b e n e f i t o f p r o d u c i n g s u c h o u t c o m e r e l a t e d d a t a . ( i i i ) F o r p u r p o s e s o f f u n d i n g t h e c e n t r a l i z e d p u b l i c d a s h b o a r d o r o t h e r r e p o s i t o r y d e s c r i b e d a b o v e , t h e A b a t e m e n t C o u n c i l s h a l l m a k e g o o d f a i t h e f f o r t s t o s e e k f u n d i n g f r o m o u t s i d e s o u r c e s f i r s t , o t h e r w i s e t h e S t a t e s h a l l p r o v i d e s u c h f u n d i n g . d . C o l l a b o r a t i o n : T h e A b a t e m e n t C o u n c i l s h a l l f a c i l i t a t e c o l l a b o r a t i o n b e t w e e n t h e S t a t e , P a r t i c i p a t i n g L o c a l G o v e r n m e n t s , R e g i o n a l C o u n c i l s , a n d o t h e r s t a k e h o l d e r s f o r t h e p u r p o s e s o f s h a r i n g d a t a , o u t c o m e s , s t r a t e g i e s , a n d o t h e r r e l e v a n t i n f o r m a t i o n r e l a t e d t o a b a t i n g t h e o p i o i d c r i s i s i n C o l o r a d o . e . D e c i s i o n M a k i n g : T h e A b a t e m e n t C o u n c i l s h a l l s e e k t o m a k e a l l d e c i s i o n s b y c o n s e n s u s . I n t h e e v e n t c o n s e n s u s c a n n o t b e a c h i e v e d , u n l e s s o t h e r w i s e r e q u i r e d i n t h i s M O U , t h e A b a t e m e n t C o u n c i l s h a l l m a k e d e c i s i o n s b y a m a j o r i t y v o t e o f i t s M e m b e r s . T h e C h a i r s h a l l o n l y v o t e i n t h e e v e n t o f a t i e . f . D u e P r o c e s s : T h e A b a t e m e n t C o u n c i l s h a l l d e v e l o p t h e d u e p r o c e s s p r o c e d u r e s r e q u i r e d b y S e c t i o n ( G ) ( 3 ) ( d ) f o r P a r t i e s t o d i s p u t e o r c h a l l e n g e r e m e d i a l a c t i o n s t a k e n b y t h e A b a t e m e n t C o u n c i l f o r O p i o i d F u n d s f r o m t h e S t a t e w i d e I n f r a s t r u c t u r e S h a r e . T h e A b a t e m e n t C o u n c i l 6 s h a l l a l s o a b i d e b y t h e d u e p r o c e s s p r i n c i p l e s r e q u i r e d b y S e c t i o n ( F ) ( 1 2 ) - ( 1 3 ) f o r R e g i o n s t o d i s p u t e o r c h a l l e n g e r e m e d i a l a c t i o n s t a k e n b y t h e A b a t e m e n t C o u n c i l f o r O p i o i d F u n d s f r o m t h e R e g i o n a l S h a r e . g . L e g a l S t a t u s : T h e A b a t e m e n t C o u n c i l s h a l l n o t c o n s t i t u t e a s e p a r a t e l e g a l e n t i t y . h . L e g a l R e p r e s e n t a t i o n : T o t h e e x t e n t p e r m i t t e d b y l a w , t h e S t a t e s h a l l p r o v i d e l e g a l c o u n s e l t o S t a t e M e m b e r s f o r a l l l e g a l i s s u e s a r i s i n g f r o m t h o s e S t a t e M e m b e r s ’ w o r k o n t h e A b a t e m e n t C o u n c i l . A t a l l t i m e s , L o c a l G o v e r n m e n t M e m b e r s o f t h e A b a t e m e n t C o u n c i l a r e e n t i t l e d t o r e c e i v e l e g a l r e p r e s e n t a t i o n f r o m t h e i r r e s p e c t i v e g o v e r n m e n t a l e n t i t i e s . I n t h e e v e n t o f a c o n f l i c t , t h e A b a t e m e n t C o u n c i l a n d i t s m e m b e r s m a y r e t a i n t h e s e r v i c e s o f o t h e r l e g a l c o u n s e l . i . C o m p e n s a t i o n : N o m e m b e r o f t h e A b a t e m e n t C o u n c i l s h a l l b e c o m p e n s a t e d f o r t h e i r w o r k r e l a t e d t o t h e A b a t e m e n t C o u n c i l . D . S t a t e S h a r e I n a c c o r d a n c e w i t h S e c t i o n s ( B ) ( l ) a n d ( B ) ( 2 ) ( a ) , a n d t h e t e r m s o f a n y S e t t l e m e n t , t h e S t a t e S h a r e s h a l l b e p a i d d i r e c t l y t o t h e S t a t e i n a c c o r d a n c e w i t h t h e t e r m s o f t h i s S e c t i o n ( D ) . 2 . T h e S t a t e m a i n t a i n s f u l l d i s c r e t i o n o v e r d i s t r i b u t i o n o f t h e S t a t e S h a r e a n y w h e r e w i t h i n t h e S t a t e o f C o l o r a d o , h o w e v e r , t h e S t a t e S h a r e s h a l l b e u s e d f o r A p p r o v e d P u r p o s e s o n l y . T h e S t a t e w i l l w o r k t o r e d u c e a d m i n i s t r a t i v e c o s t s a s m u c h a s p r a c t i c a b l e . 3 . O n a n a n n u a l b a s i s , a s d e t e r n i i n e d b y t h e A b a t e m e n t C o u n c i l , t h e S t a t e s h a l l p r o v i d e a l l e x p e n d i t u r e d a t a , i n c l u d i n g a d m i n i s t r a t i v e c o s t s , f r o m t h e S t a t e S h a r e t o t h e A b a t e m e n t C o u n c i l f o r p u r p o s e s o f m a i n t a i n i n g t r a n s p a r e n c y i n a c c o r d a n c e w i t h S e c t i o n ( C ) ( 4 ) ( c ) ( i ) . T h e A b a t e m e n t C o u n c i l m a y r e q u i r e t h e S t a t e t o p r o v i d e a d d i t i o n a l o u t c o m e - r e l a t e d d a t a i n a c c o r d a n c e w i t h S e c t i o n ( C ) ( 4 ) ( c ) ( i i ) a n d t h e S t a t e s h a l l c o m p l y w i t h s u c h r e q u i r e m e n t s . 4 . I f t h e S t a t e d i s p u t e s t h e a m o u n t o f O p i o i d F u n d s i t r e c e i v e s f r o m t h e S t a t e S h a r e , t h e S t a t e s h a l l a l e r t t h e A b a t e m e n t C o u n c i l w i t h i n s i x t y ( 6 0 ) d a y s o f d i s c o v e r i n g t h e i n f o r m a t i o n u n d e r l y i n g t h e d i s p u t e . F a i l u r e t o a l e r t t h e A b a t e m e n t C o u n c i l w i t h i n t h i s t i m e f r a m e s h a l l n o t c o n s t i t u t e a w a i v e r o f t h e S t a t e ’ s r i g h t t o s e e k r e c o u p m e n t o f a n y d e f i c i e n c y i n i t s S t a t e S h a r e . E . L G S h a r e I n a c c o r d a n c e w i t h S e c t i o n s ( B ) ( 1 ) a n d ( B ) ( 2 ) ( b ) , a n d t h e t e r m s o f a n y S e t t l e m e n t , t h e L G S h a r e s h a l l b e p a i d d i r e c t l y t o P a r t i c i p a t i n g L o c a l G o v e r n m e n t s i n a c c o r d a n c e w i t h t h e t e r m s o f t h i s S e c t i o n ( E ) . 7 2 . A l l o c a t i o n s t o P a r t i c i p a t i n g L o c a l G o v e r n m e n t s f r o m t h e L G S h a r e s h a l l f i r s t b e d e t e r m i n e d u s i n g t h e p e r c e n t a g e s s h o w n i n E x h i b i t D . 3 . T h e L G S h a r e f o r e a c h C o u n t y A r e a s h a l l t h e n b e a l l o c a t e d a m o n g t h e c o u n t y a n d t h e o t h e r P a r t i c i p a t i n g L o c a l G o v e r n m e n t s w i t h i n i t . E x h i b i t E r e f l e c t s t h e d e f a u l t a l l o c a t i o n t h a t w i l l a p p l y u n l e s s t h e P a r t i c i p a t i n g L o c a l G o v e r n m e n t s w i t h i n a C o u n t y A r e a e n t e r i n t o a w r i t t e n a g r e e m e n t p r o v i d i n g f o r a d i f f e r e n t a l l o c a t i o n . T h e P a r t i c i p a t i n g L o c a l G o v e r n m e n t s m a y e l e c t t o m o d i f y t h e a l l o c a t i o n f o r a C o u n t y A r e a i n E x h i b i t E , b u t s u c h m o d i f i c a t i o n t o t h e a l l o c a t i o n i n E x h i b i t E s h a l l n o t c h a n g e a C o u n t y A r e a ’ s t o t a l a l l o c a t i o n u n d e r S e c t i o n ( E ) ( 2 ) . 4 . A L o c a l G o v e r n m e n t t h a t c h o o s e s n o t t o b e c o m e a P a r t i c i p a t i n g L o c a l G o v e r n m e n t w i l l n o t r e c e i v e a d i r e c t a l l o c a t i o n f r o m t h e L G S h a r e . T h e p o r t i o n o f t h e L G S h a r e t h a t w o u l d h a v e b e e n a l l o c a t e d t o a L o c a l G o v e r n m e n t t h a t i s n o t a P a r t i c i p a t i n g L o c a l G o v e r n m e n t w i l l i n s t e a d b e r e - a l l o c a t e d t o t h e R e g i o n a l S h a r e f o r t h e R e g i o n w h e r e t h e L o c a l G o v e r n m e n t i s l o c a t e d , i n a c c o r d a n c e w i t h S e c t i o n ( F ) , b e l o w . 5 . I n t h e e v e n t a P a r t i c i p a t i n g L o c a l G o v e r n m e n t d i s s o l v e s o r c e a s e s t o e x i s t d u r i n g t h e t e r m o f a n y S e t t l e m e n t , t h e a l l o c a t i o n f o r t h a t P a r t i c i p a t i n g L o c a l G o v e r n m e n t f r o m t h e L G S h a r e s h a l l b e r e - a l l o c a t e d a s d i r e c t e d b y a n y S e t t l e m e n t , a n d i f n o t s p e c i f i e d , b e r e - a l l o c a t e d t o t h e R e g i o n a l S h a r e f o r t h e R e g i o n i n w h i c h t h e P a r t i c i p a t i n g L o c a l G o v e r n m e n t w a s l o c a t e d , i n a c c o r d a n c e w i t h S e c t i o n ( F ) . I f a P a r t i c i p a t i n g L o c a l G o v e r n m e n t m e r g e s w i t h a n o t h e r P a r t i c i p a t i n g L o c a l G o v e r n m e n t , t h e a l l o c a t i o n f o r t h a t P a r t i c i p a t i n g L o c a l G o v e r n m e n t f r o m t h e L G S h a r e s h a l l b e r e - a l l o c a t e d a s d i r e c t e d b y a n y S e t t l e m e n t , a n d i f n o t s p e c i f i e d , s h a l l b e r e - a l l o c a t e d t o t h e s u c c e s s o r P a r t i c i p a t i n g L o c a l G o v e r n m e n t ’ s a l l o c a t i o n o f t h e L G S h a r e . I f a P a r t i c i p a t i n g L o c a l G o v e r n m e n t m e r g e s w i t h a L o c a l G o v e r n m e n t t h a t i s n o t a P a r t i c i p a t i n g L o c a l G o v e r n m e n t , t h e a l l o c a t i o n f o r t h a t P a r t i c i p a t i n g L o c a l G o v e r n m e n t f r o m t h e L G S h a r e s h a l l b e r e - a l l o c a t e d a s d i r e c t e d b y a n y S e t t l e m e n t , a n d i f n o t s p e c i f i e d , b e r e - a l l o c a t e d t o t h e R e g i o n i n w h i c h t h e m e r g i n g P a r t i c i p a t i n g L o c a l G o v e r n m e n t w a s l o c a t e d , i n a c c o r d a n c e w i t h S e c t i o n ( F ) , b e l o w . 6 . A P a r t i c i p a t i n g L o c a l G o v e r n m e n t m a y f o r e g o i t s a l l o c a t i o n o f t h e L G S h a r e a n d d i r e c t i t s a l l o c a t i o n t o t h e R e g i o n a l S h a r e f o r t h e R e g i o n w h e r e t h e P a r t i c i p a t i n g L o c a l G o v e r n m e n t i s l o c a t e d , i n a c c o r d a n c e w i t h S e c t i o n ( F ) b e l o w , b y a f f i r m a t i v e l y n o t i f y i n g t h e A b a t e m e n t C o u n c i l o n a n a n n u a l b a s i s o f i t s d e c i s i o n t o f o r e g o i t s a l l o c a t i o n o f t h e L G S h a r e . A P a r t i c i p a t i n g L o c a l G o v e r n m e n t ’ s e l e c t i o n t o f o r e g o i t s a l l o c a t i o n o f t h e L G S h a r e s h a l l c a r r y o v e r t o t h e f o l l o w i n g y e a r u n l e s s t h e P a r t i c i p a t i n g L o c a l G o v e r n m e n t n o t i f i e s t h e A b a t e m e n t C o u n c i l o t h e r w i s e . I f a P a r t i c i p a t i n g L o c a l G o v e r n m e n t e l e c t s t o f o r e g o i t s a l l o c a t i o n o f t h e L G S h a r e , t h e P a r t i c i p a t i n g L o c a l G o v e r n m e n t s h a l l b e e x c u s e d f r o m t h e r e p o r t i n g r e q u i r e m e n t s r e q u i r e d b y S e c t i o n ( E ) ( 8 ) . 7 . P a r t i c i p a t i n g L o c a l G o v e r n m e n t s m a i n t a i n f u l l d i s c r e t i o n o v e r t h e d i s t r i b u t i o n o f t h e i r a l l o c a t i o n o f t h e L G S h a r e a n y w h e r e w i t h i n t h e S t a t e o f C o l o r a d o , h o w e v e r , 8 a l l P a r t i c i p a t i n g L o c a l G o v e r n m e n t s s h a l l u s e t h e i r a l l o c a t i o n f r o m t h e L G S h a r e f o r A p p r o v e d P u r p o s e s o n l y . R e a s o n a b l e a d m i n i s t r a t i v e c o s t s f o r a P a r t i c i p a t i n g L o c a l G o v e r n m e n t t o a d m i n i s t e r i t s a l l o c a t i o n o f t h e L G S h a r e s h a l l n o t e x c e e d a c t u a l c o s t s o r 1 0 % o f t h e P a r t i c i p a t i n g L o c a l G o v e r n m e n t ’ s a l l o c a t i o n o f t h e L G S h a r e , w h i c h e v e r i s l e s s . 8 . O n a n a n n u a l b a s i s , a s d e t e r m i n e d b y t h e A b a t e m e n t C o u n c i l , a l l P a r t i c i p a t i n g L o c a l G o v e r n m e n t s s h a l l p r o v i d e a l l e x p e n d i t u r e d a t a , i n c l u d i n g a d m i n i s t r a t i v e c o s t s , f r o m t h e i r a l l o c a t i o n o f t h e L G S h a r e t o t h e A b a t e m e n t C o u n c i l f o r p u r p o s e s o f m a i n t a i n i n g t r a n s p a r e n c y i n a c c o r d a n c e w i t h S e c t i o n ( C ) ( 4 ) ( c ) ( i ) . T h e A b a t e m e n t C o u n c i l m a y r e q u i r e P a r t i c i p a t i n g L o c a l G o v e r n m e n t s t o p r o v i d e a d d i t i o n a l o u t c o m e r e l a t e d d a t a i n a c c o r d a n c e w i t h S e c t i o n ( C ) ( 4 ) ( c ) ( i i ) a n d a l l P a r t i c i p a t i n g L o c a l G o v e r n m e n t s s h a l l c o m p l y w i t h s u c h r e q u i r e m e n t s . 9 . I f a n y P a r t i c i p a t i n g L o c a l G o v e r n m e n t d i s p u t e s t h e a m o u n t o f O p i o i d F u n d s i t r e c e i v e s f r o m i t s a l l o c a t i o n o f t h e L G S h a r e , t h e P a r t i c i p a t i n g L o c a l G o v e r n m e n t s h a l l a l e r t t h e A b a t e m e n t C o u n c i l w i t h i n s i x t y ( 6 0 ) d a y s o f d i s c o v e r i n g t h e i n f o r m a t i o n u n d e r l y i n g t h e d i s p u t e . F a i l u r e t o a l e r t t h e A b a t e m e n t C o u n c i l w i t h i n t h i s t i m e f r a m e s h a l l n o t c o n s t i t u t e a w a i v e r o f t h e P a r t i c i p a t i n g L o c a l G o v e r n m e n t ’ s r i g h t t o s e e k r e c o u p m e n t o f a n y d e f i c i e n c y i n i t s L G S h a r e . F . R e g i o n a l S h a r e I n a c c o r d a n c e w i t h S e c t i o n s ( B ) ( l ) a n d ( B ) ( 2 ) ( c ) , a n d t h e t e r m s o f a n y S e t t l e m e n t , t h e R e g i o n a l S h a r e s h a l l b e p a i d t o t h e R e g i o n s i n a c c o r d a n c e w i t h t h e t e r m s o f t h i s S e c t i o n ( F ) . 2 . P a r t i c i p a t i n g L o c a l G o v e r n m e n t s s h a l l o r g a n i z e t h e m s e l v e s i n t o t h e R e g i o n s d e p i c t e d i n E x h i b i t C . M u n i c i p a l i t i e s l o c a t e d i n m u l t i p l e R e g i o n s m a y j o i n a l l o r s o m e o f t h e R e g i o n s i n w h i c h t h e y a r e l o c a t e d a c c o r d i n g t o E x h i b i t C . 3 . A l l o c a t i o n s t o R e g i o n s w i l l b e d i s t r i b u t e d a c c o r d i n g t o E x h i b i t F . F o r m u l t i - c o u n t y R e g i o n s , e a c h R e g i o n ’ s s h a r e l i s t e d i n E x h i b i t F i s c a l c u l a t e d b y s u m m i n g t h e i n d i v i d u a l p e r c e n t a g e s h a r e s l i s t e d i n E x h i b i t U f o r t h e c o u n t i e s w i t h i n t h a t R e g i o n . T h e p e r c e n t a g e s i n E x h i b i t F a r e b a s e d o n t h e a s s u m p t i o n t h a t e v e r y L o c a l G o v e r n m e n t i n e a c h R e g i o n b e c o m e s a P a r t i c i p a t i n g L o c a l G o v e r n m e n t . 4 . I n t h e e v e n t a c i t y , t o w n , o r o t h e r m u n i c i p a l i t y t h a t i s a P a r t i c i p a t i n g L o c a l G o v e r n m e n t m e r g e s , d i s s o l v e s , o r c e a s e s t o e x i s t d u r i n g t h e t e r m o f a n y S e t t l e m e n t , t h e a l l o c a t i o n o f t h e R e g i o n a l S h a r e o w e d t o t h e R e g i o n i n w h i c h t h a t P a r t i c i p a t i n g L o c a l G o v e r n m e n t e x i s t e d s h a l l b e r e - a l l o c a t e d a s d i r e c t e d b y a n y S e t t l e m e n t , a n d i f n o t s p e c i f i e d , s h a l l n o t b e m o d i f i e d f r o m E x h i b i t F . I f a c o u n t y t h a t i s a P a r t i c i p a t i n g L o c a l G o v e r n m e n t m e r g e s w i t h a n o t h e r c o u n t y w i t h i n i t s R e g i o n , t h e a l l o c a t i o n o f t h e R e g i o n a l S h a r e o w e d t o t h e R e g i o n i n w h i c h t h a t c o u n t y e x i s t e d s h a l l b e r e - a l l o c a t e d a s d i r e c t e d b y a n y S e t t l e m e n t , a n d i f n o t s p e c i f i e d , s h a l l n o t b e m o d i f i e d f r o m E x h i b i t F . I f a c o u n t y t h a t i s a P a r t i c i p a t i n g L o c a l G o v e r n m e n t m e r g e s w i t h a c o u n t y i n a d i f f e r e n t R e g i o n d u r i n g t h e t e r m o f 9 a n y S e t t l e m e n t , t h e a l l o c a t i o n o f t h e R e g i o n a l S h a r e o w e d t o t h e R e g i o n i n w h i c h t h a t c o u n t y e x i s t e d s h a l l b e r e - a l l o c a t e d a s d i r e c t e d b y a n y S e t t l e m e n t , a n d i f n o t s p e c i f i e d , s h a l l b e r e - a l l o c a t e d t o t h e R e g i o n i n w h i c h t h a t P a r t i c i p a t i n g L o c a l G o v e r n m e n t m e r g e d i n a c c o r d a n c e w i t h E x h i b i t F . 5 . E a c h R e g i o n m u s t c r e a t e i t s o w n R e g i o n a l C o u n c i l w h i l e g i v i n g c o n s i d e r a t i o n t o t h e r e g i o n a l g o v e r n a n c e m o d e l s i l l u s t r a t e d i n E x h i b i t G . T h e R e g i o n a l C o u n c i l m u s t b e f o r m e d b y t h e P a r t i c i p a t i n g L o c a l G o v e r n m e n t s w i t h i n t h e R e g i o n a n d e a c h R e g i o n a l C o u n c i l s h a l l d e s i g n a t e a f i s c a l a g e n t f o r t h e R e g i o n . R e g i o n a l f i s c a l a g e n t s s h a l l b e c o u n t y o r m u n i c i p a l g o v e r n m e n t s o n l y . A l l f u n d s f r o m t h e R e g i o n a l S h a r e s h a l l b e d i s t r i b u t e d t o t h e R e g i o n a l C o u n c i l ’ s i d e n t i f i e d f i s c a l a g e n t f o r t h e b e n e f i t o f t h e e n t i r e R e g i o n . a . S u b j e c t t o t h i s S e c t i o n F ( 5 ) , e a c h R e g i o n m a y d r a f t i t s o w n i n t r a - r e g i o n a l a g r e e m e n t s , b y l a w s , o r o t h e r g o v e r n i n g d o c u m e n t s t o d e t e r i T l i n e h o w t h e R e g i o n a l C o u n c i l w i l l o p e r a t e . H o w e v e r , e a c h v o t i n g m e m b e r o f a R e g i o n a l C o u n c i l s h a l l b e a n e m p l o y e e o r e l e c t e d o f f i c i a l o f a P a r t i c i p a t i n g L o c a l G o v e r n m e n t w i t h i n t h e a p p l i c a b l e R e g i o n . I n t h e c a s e o f D e n v e r , t h e v o t i n g m e m b e r s o f i t s R e g i o n a l C o u n c i l s h a l l b e a p p o i n t e d b y t h e M a y o r . I n t h e c a s e o f B r o o m f i e l d , t h e v o t i n g m e m b e r s o f i t s R e g i o n a l C o u n c i l s h a l l b e a p p o i n t e d b y t h e B r o o m f i e l d C i t y a n d C o u n t y M a n a g e r . b . T h e R e g i o n s h a l l n o t r e c e i v e a n y O p i o i d F u n d s f r o m t h e R e g i o n a l S h a r e u n t i l t h e R e g i o n c e r t i f i e s t o t h e A b a t e m e n t C o u n c i l t h a t i t s R e g i o n a l C o u n c i l h a s b e e n f o r m e d a n d a f i s c a l a g e n t h a s b e e n d e s i g n a t e d . S u c h c e r t i f i c a t i o n s h a l l b e i n a s i m p l e f o r m a d o p t e d b y t h e R e g i o n a n d m a y b e m a d e v i a e m a i l , s o l o n g a s i t i n c l u d e s t h e n a m e s a n d a f f i l i a t i o n s o f t h e R e g i o n a l C o u n c i l ’ s m e m b e r s a n d t h e d e s i g n a t e d f i s c a l a g e n t . c . I f a R e g i o n d o e s n o t f o r m a n d c e r t i f y i t s R e g i o n a l C o u n c i l a n d d e s i g n a t e i t s f i s c a l a g e n t w i t h i n o n e - h u n d r e d a n d e i g h t y ( 1 8 0 ) d a y s o f t h e E f f e c t i v e D a t e , t h e A b a t e m e n t C o u n c i l s h a l l a p p o i n t m e m b e r s t o t h e R e g i o n ’ s R e g i o n a l C o u n c i l . R e g i o n a l C o u n c i l m e m b e r s a p p o i n t e d b y t h e A b a t e m e n t C o u n c i l s h a l l s e r v e u n t i l t h e R e g i o n c e r t i f i e s t h e f o r m a t i o n o f i t s R e g i o n a l C o u n c i l t o t h e A b a t e m e n t C o u n c i l . d . A R e g i o n s h a l l s u b m i t a r e n e w e d c e r t i f i c a t i o n r e q u i r e d b y S e c t i o n ( F ) ( 5 ) ( b ) , a b o v e , w h e n i t s m e m b e r s h i p c h a n g e s . e . I f a m e m b e r s h i p v a c a n c y e x i s t s o n a R e g i o n a l C o u n c i l f o r m o r e t h a n n i n e t y ( 9 0 ) d a y s a n d t h e R e g i o n a l C o u n c i l i s u n a b l e t o f i l l t h e v a c a n c y b y i t s r e g u l a r p r o c e d u r e s d u r i n g t h a t t i m e , t h e A b a t e m e n t C o u n c i l s h a l l a p p o i n t a r e p l a c e m e n t m e m b e r t o s e r v e u n t i l t h e R e g i o n f i l l s t h e v a c a n c y . 1 0 6 . A L o c a l G o v e r n m e n t t h a t c h o o s e s n o t t o b e c o m e a P a r t i c i p a t i n g L o c a l G o v e r n m e n t s h a l l n o t r e c e i v e a n y O p i o i d F u n d s f r o m t h e R e g i o n a l S h a r e o r p a r t i c i p a t e i n t h e R e g i o n a l C o u n c i l s d e s c r i b e d i n S e c t i o n ( F ) ( 5 ) a b o v e . 7 . E a c h R e g i o n a l C o u n c i l s h a l l m a k e r e q u e s t s t o t h e A b a t e m e n t C o u n c i l f o r O p i o i d F u n d s f r o m t h e i r a l l o c a t i o n o f t h e R e g i o n a l S h a r e . E a c h R e g i o n a l C o u n c i l ’ s r e q u e s t f o r O p i o i d F u n d s f r o m t h e R e g i o n a l S h a r e s h a l l b e a c c o m p a n i e d b y a 2 - y e a r p l a n i d e n t i f y i n g t h e A p p r o v e d P u r p o s e s f o r w h i c h t h e r e q u e s t e d f u n d s w i l l b e u s e d b y t h e R e g i o n a n y w h e r e w i t h i n t h e S t a t e o f C o l o r a d o . A R e g i o n a l C o u n c i l ’ s 2 - y e a r p l a n m a y b e a m e n d e d s o l o n g a s s u c h a m e n d m e n t s c o m p l y w i t h t h e t e r m s o f t h i s M O U a n d a n y S e t t l e m e n t . A n y R e g i o n a l C o u n c i l m a y s e e k a s s i s t a n c e f r o m t h e A b a t e m e n t C o u n c i l f o r p u r p o s e s o f d e v e l o p i n g i t s 2 - y e a r p l a n . 8 . R e a s o n a b l e a d m i n i s t r a t i v e c o s t s f o r a R e g i o n a l C o u n c i l t o a d m i n i s t e r i t s R e g i o n ’ s a l l o c a t i o n o f t h e R e g i o n a l S h a r e s h a l l n o t e x c e e d a c t u a l c o s t s o r 1 0 % o f t h e R e g i o n ’ s a l l o c a t i o n o f t h e R e g i o n a l S h a r e , w h i c h e v e r i s l e s s . 9 . T h e A b a t e m e n t C o u n c i l s h a l l r e l e a s e f u n d s r e q u e s t e d b y a R e g i o n a l C o u n c i l i n a c c o r d a n c e w i t h S e c t i o n ( B ) ( l ) i f t h e R e g i o n a l C o u n c i l ’ s 2 - y e a r p l a n c o m p l i e s w i t h t h e A p p r o v e d P u r p o s e s , t h e t e r m s o f t h i s M O U , a n d t h e t e r m s o f a n y S e t t l e m e n t . T h e A b a t e m e n t C o u n c i l s h a l l n o t d e n y a n y f u n d i n g r e q u e s t f r o m a R e g i o n a l C o u n c i l o n t h e b a s i s t h a t t h e A b a t e m e n t C o u n c i l d o e s n o t a p p r o v e o r a g r e e w i t h t h e A p p r o v e d P u r p o s e s f o r w h i c h a R e g i o n a l C o u n c i l r e q u e s t s O p i o i d F u n d s f r o m t h e R e g i o n a l S h a r e . N o r m a y t h e A b a t e m e n t C o u n c i l h o l d u p , d e l a y , o r m a k e u n r e a s o n a b l e r e q u e s t s f o r a d d i t i o n a l o r s u p p o r t i n g i n f o r m a t i o n o f t h e R e g i o n a l C o u n c i l p r i o r t o r e l e a s i n g t h e r e q u e s t e d O p i o i d F u n d s . T h e p u r p o s e o f t h i s M O U i s t o f a c i l i t a t e O p i o i d F u n d s t o t h e i r i n t e n d e d r e c i p i e n t s q u i c k l y a n d e f f i c i e n t l y w i t h m i n i m a l a d m i n i s t r a t i v e p r o c e d u r e . 1 0 . O n a n a n n u a l b a s i s , a s d e t e r m i n e d b y t h e A b a t e m e n t C o u n c i l , e a c h R e g i o n a l C o u n c i l ’ s f i s c a l a g e n t s h a l l p r o v i d e t o t h e A b a t e m e n t C o u n c i l t h e R e g i o n a l C o u n c i l ’ s e x p e n d i t u r e d a t a , i n c l u d i n g a d m i n i s t r a t i v e c o s t s , f r o m t h e i r a l l o c a t i o n o f t h e R e g i o n a l S h a r e a n d c e r t i f y t o t h e A b a t e m e n t C o u n c i l t h a t t h e R e g i o n a l C o u n c i l ’ s e x p e n d i t u r e s w e r e f o r A p p r o v e d P u r p o s e s a n d c o m p l i e d w i t h i t s 2 - y e a r p l a n . T h e R e g i o n a l C o u n c i l s h a l l s u b j e c t i t s e l f t o a n a c c o u n t i n g a t t h e A b a t e m e n t C o u n c i l ’ s d i s c r e t i o n . a . T h e A b a t e m e n t C o u n c i l s h a l l r e v i e w a R e g i o n a l C o u n c i l ’ s e x p e n d i t u r e d a t a a n d c e r t i f i c a t i o n t o e n s u r e c o m p l i a n c e w i t h t h e R e g i o n a l C o u n c i l ’ s 2 - y e a r p l a n , t h e A p p r o v e d P u r p o s e s , a n d t h e t e r m s o f t h i s M O U a n d a n y S e t t l e m e n t . b . T h e A b a t e m e n t C o u n c i l s h a l l p u b l i s h t h e R e g i o n a l C o u n c i l ’ s e x p e n d i t u r e d a t a , i n c l u d i n g a d m i n i s t r a t i v e c o s t s , f r o m t h e R e g i o n a l S h a r e i n a c c o r d a n c e w i t h S e c t i o n ( C ) ( 4 ) ( c ) ( i ) . T h e A b a t e m e n t C o u n c i l m a y r e q u i r e R e g i o n a l C o u n c i l s t o p r o v i d e a d d i t i o n a l o u t c o m e r e l a t e d d a t a i n 1 1 a c c o r d a n c e w i t h S e c t i o n ( C ) ( 4 ) ( c ) ( i i ) a n d a l l R e g i o n a l C o u n c i l s s h a l l c o m p l y w i t h s u c h r e q u i r e m e n t s . 1 1 . I f a n y R e g i o n a l C o u n c i l d i s p u t e s t h e a m o u n t o f O p i o i d F u n d s i t r e c e i v e s f r o m i t s a l l o c a t i o n o f t h e R e g i o n a l S h a r e , t h e R e g i o n a l C o u n c i l s h a l l a l e r t t h e A b a t e m e n t C o u n c i l w i t h i n s i x t y ( 6 0 ) d a y s o f d i s c o v e r i n g t h e i n f o r m a t i o n u n d e r l y i n g t h e d i s p u t e . F a i l u r e t o a l e r t t h e A b a t e m e n t C o u n c i l w i t h i n t h i s t i m e f r a m e s h a l l n o t c o n s t i t u t e a w a i v e r o f t h e R e g i o n a l C o u n c i l ’ s r i g h t t o s e e k r e c o u p m e n t o f a n y d e f i c i e n c y i n i t s R e g i o n a l S h a r e . 1 2 . I f t h e A b a t e m e n t C o u n c i l h a s r e a s o n t o b e l i e v e a R e g i o n ’ s e x p e n d i t u r e o f i t s a l l o c a t i o n o f t h e R e g i o n a l S h a r e d i d n o t c o m p l y w i t h t h e R e g i o n ’ s 2 - y e a r P l a n , t h e A p p r o v e d P u r p o s e s , t h e t e r m s o f t h i s M O U o r a n y S e t t l e m e n t , a s d e s c r i b e d i n t h i s S e c t i o n ( F ) , o r t h a t t h e R e g i o n o t h e r w i s e m i s u s e d i t s a l l o c a t i o n o f t h e R e g i o n a l S h a r e , t h e A b a t e m e n t C o u n c i l m a y t a k e r e m e d i a l a c t i o n a g a i n s t t h e a l l e g e d o f f e n d i n g R e g i o n . S u c h r e m e d i a l a c t i o n i s l e f t t o t h e d i s c r e t i o n o f t h e A b a t e m e n t C o u n c i l a n d m a y i n c l u d e b u t n o t b e l i m i t e d t o , w i t h h o l d i n g f u t u r e O p i o i d s F u n d s o w e d t o t h e o f f e n d i n g R e g i o n o r r e q u i r i n g t h e o f f e n d i n g R e g i o n t o r e i m b u r s e i m p r o p e r l y e x p e n d e d O p i o i d F u n d s t o t h e R e g i o n a l S h a r e . 1 3 . W i t h i n o n e h u n d r e d a n d t w e n t y ( 1 2 0 ) d a y s o f t h e A b a t e m e n t C o u n c i l b e i n g f o r m e d , i n a c c o r d a n c e w i t h S e c t i o n ( C ) ( 2 ) ( c ) a b o v e , t h e A b a t e m e n t C o u n c i l s h a l l d e v e l o p a n d p u b l i s h d u e p r o c e s s p r o c e d u r e s f o r a l l o w i n g a R e g i o n t o c h a l l e n g e o r d i s p u t e a n y r e m e d i a l a c t i o n t a k e n b y t h e A b a t e m e n t C o u n c i l , i n c l u d i n g t i m e l i n e s d u r i n g w h i c h t h e R e g i o n m a y e n g a g e i n s u c h a c h a l l e n g e o r d i s p u t e . S u c h d u e p r o c e s s p r o c e d u r e s s h a l l r e f l e c t , a t a m i n i m u m , t h e f o l l o w i n g p r i n c i p l e s : a . U p o n l e a r n i n g o f a n y c o n d u c t t h a t m a y w a r r a n t r e m e d i a l a c t i o n a g a i n s t a R e g i o n , t h e A b a t e m e n t C o u n c i l s h a l l f i r s t p r o v i d e n o t i c e t o t h e R e g i o n o f t h e c o n d u c t a t i s s u e , p r o v i d e t h e R e g i o n a n o p p o r t u n i t y t o r e s p o n d , a n d , i f a p p r o p r i a t e , c u r e t h e a l l e g e d o f f e n d i n g c o n d u c t . I f a f t e r p r o v i d i n g t h e R e g i o n s u c h n o t i c e a n d o p p o r t u n i t i e s t o r e s p o n d a n d c u r e , t h e A b a t e m e n t C o u n c i l c o n t i n u e s t o b e l i e v e r e m e d i a l a c t i o n i s w a r r a n t e d , t h e A b a t e m e n t C o u n c i l m a y t a k e s u c h r e m e d i a l a c t i o n . b . I f t h e A b a t e m e n t C o u n c i l d e c i d e s t o t a k e r e m e d i a l a c t i o n a g a i n s t a n a l l e g e d o f f e n d i n g R e g i o n , s u c h a c t i o n m a y o n l y o c c u r b y a t w o - t h i r d s s u p e r m a j o r i t y v o t e o f t h e A b a t e m e n t C o u n c i l . T h u s , a n A b a t e m e n t C o u n c i l m a d e u p o f t w e l v e ( 1 2 ) v o t i n g m e m b e r s r e q u i r e s a v o t e o f e i g h t ( 8 ) M e m b e r s p r i o r t o t a k i n g r e m e d i a l a c t i o n a g a i n s t a n a l l e g e d o f f e n d i n g R e g i o n . c . P r i o r t o t a k i n g a n y r e m e d i a l a c t i o n a g a i n s t a n a l l e g e d o f f e n d i n g R e g i o n , t h e A b a t e m e n t C o u n c i l s h a l l f i r s t p r o v i d e n o t i c e t o t h e a l l e g e d o f f e n d i n g R e g i o n o f t h e r e m e d i a l a c t i o n t o b e t a k e n a n d t h e f a c t s u n d e r l y i n g s u c h r e m e d i a l a c t i o n . T h e A b a t e m e n t C o u n c i l s h a l l t h e n p r o v i d e t h e a l l e g e d 1 2 o f f e n d i n g R e g i o n a n o p p o r t u n i t y t o c h a l l e n g e o r d i s p u t e t h e r e m e d i a l a c t i o n i n a c c o r d a n c e w i t h , a t a m i n i m u m , t h e p r i n c i p l e s b e l o w : i . T h e a l l e g e d o f f e n d i n g R e g i o n m a y r e q u e s t r e v i s i o n s o r m o d i f i c a t i o n s t o t h e p r o p o s e d r e m e d i a l a c t i o n ; i i . T h e a l l e g e d o f f e n d i n g R e g i o n m a y s u b m i t a w r i t t e n r e s p o n s e t o a n d / o r r e q u e s t a h e a r i n g b e f o r e t h e A b a t e m e n t C o u n c i l , o r a t h i r d — p a r t y h e a r i n g o f f i c e r , 3 r e g a r d i n g t h e a l l e g e d o f f e n d i n g c o n d u c t a n d p r o p o s e d r e m e d i a l a c t i o n ; a n d i i i . A f t e r s u c h w r i t t e n r e s p o n s e s a r e s u b m i t t e d a n d r e v i e w e d a n d / o r a h e a r i n g i s c o n d u c t e d , t h e a l l e g e d o f f e n d i n g R e g i o n m a y s u b m i t a n a p p e a l t o t h e A b a t e m e n t C o u n c i l o f t h e d e c i s i o n t o t a k e r e m e d i a l a c t i o n . d . R e m e d i a l a c t i o n s t a k e n b y t h e A b a t e m e n t C o u n c i l , i n a c c o r d a n c e w i t h t h e d u e p r o c e s s p r i n c i p l e s d e t a i l e d a b o v e , s h a l l b e c o n s i d e r e d f i n a l n o n - a p p e a l a b l e o r d e r s a n d o f f e n d i n g R e g i o n s m a y n o t s e e k j u d i c i a l r e l i e f f r o m r e m e d i a l a c t i o n t a k e n b y t h e A b a t e m e n t C o u n c i l , e x c e p t a s p r o v i d e d i n S e c t i o n ( H ) , b e l o w . e . S u b j e c t t o S e c t i o n ( H ) ( 2 ) , b e l o w , i f a n y P a r t y ( i e s ) b e l i e v e s t h e A b a t e m e n t C o u n c i l v i o l a t e d t h e t e r m s o f t h i s M O U , s u c h P a r t y ( i e s ) m a y s e e k t o e n f o r c e t h e t e r m s o f t h i s M O U . 1 4 . I f t h e A b a t e m e n t C o u n c i l h a s r e a s o n t o b e l i e v e a R e g i o n ’ s c o n d u c t , o r t h e c o n d u c t o f a n y P a r t i c i p a t i n g L o c a l G o v e r n m e n t o r i n d i v i d u a l i n t h a t R e g i o n , a m o u n t s t o a v i o l a t i o n o f a n y c r i m i n a l l a w , t h e A b a t e m e n t C o u n c i l s h a l l r e f e r s u c h m a t t e r s t o t h e a p p r o p r i a t e a u t h o r i t i e s a n d m a y c o n s i d e r s u c h c o n d u c t i n i t s d e t e r m i n a t i o n o f a n y r e m e d i a l a c t i o n t o b e t a k e n . 1 5 . I f t h e A b a t e m e n t C o u n c i l h a s r e a s o n t o b e l i e v e t h a t a n i n d i v i d u a l i n v o l v e d i n t h e r e c e i p t o r a d m i n i s t r a t i o n o f O p i o i d F u n d s f r o m t h e R e g i o n a l S h a r e h a s v i o l a t e d a n y a p p l i c a b l e e t h i c s r u l e s o r c o d e s , t h e A b a t e m e n t C o u n c i l s h a l l n o t a t t e m p t t o a d j u d i c a t e s u c h a v i o l a t i o n . I n s u c h i n s t a n c e s , t h e A b a t e m e n t C o u n c i l s h a l l l o d g e a c o m p l a i n t w i t h t h e a p p r o p r i a t e f o r u m f o r h a n d l i n g s u c h e t h i c a l m a t t e r s , s u c h a s a l o c a l h o m e r u l e m u n i c i p a l i t y ’ s e t h i c s b o a r d . 1 6 . C o s t s a s s o c i a t e d w i t h t h e A b a t e m e n t C o u n c i l ’ s d i s t r i b u t i o n a n d o v e r s i g h t o f t h e R e g i o n a l S h a r e , a s d e s c r i b e d a b o v e i n t h i s S e c t i o n ( F ) , i n c l u d i n g c o s t s a s s o c i a t e d w i t h a n y r e m e d i a l a c t i o n b y t h e A b a t e m e n t C o u n c i l , s h a l l b e p a i d f r o m t h e S t a t e w i d e O n l y a n a l l e g e d o f f e n d i n g R e g i o n m a y r e q u e s t t h e a p p o i n t m e n t o f a t h i r d - p a r t y h e a r i n g o f f i c e r t o r e v i e w a n y w r i t t e n r e s p o n s e s a n d c o n d u c t a n y r e q u e s t e d h e a r i n g s . I f a n a l l e g e d o f f e n d i n g R e g i o n m a k e s s u c h a r e q u e s t , t h e A b a t e m e n t C o u n c i l h a s s o l e d i s c r e t i o n t o a p p o i n t t h e t h i r d - p a r t y h e a r i n g o f f i c e r a n d t h e a l l e g e d o f f e n d i n g R e g i o n s h a l l b e a r t h e c o s t o f s u c h r e v i e w a n d / o r h e a r i n g b y t h e t h i r d - p a r t y h e a r i n g o f f i c e r . 1 3 I n f r a s t r u c t u r e S h a r e . T h e A b a t e m e n t C o u n c i l s h a l l m a k e a l l g o o d f a i t h e f f o r t s t o l i m i t s u c h c o s t s t o t h e g r e a t e s t e x t e n t p o s s i b l e . G . S t a t e w i d e I n f r a s t r u c t u r e S h a r e I n a c c o r d a n c e w i t h S e c t i o n s B ( 1 ) a n d ( B ) ( 2 ) ( d ) , a n d t h e t e r m s o f a n y S e t t l e m e n t , t h e S t a t e w i d e I n f r a s t r u c t u r e S h a r e s h a l l b e p a i d t o a n y P a r t y o r R e g i o n a l C o u n c i l i n a c c o r d a n c e w i t h t h i s S e c t i o n ( G ) . 2 . T h e p u r p o s e o f t h e S t a t e w i d e I n f r a s t r u c t u r e S h a r e i s t o p r o m o t e c a p i t a l i m p r o v e m e n t s a n d p r o v i d e o p e r a t i o n a l a s s i s t a n c e f o r d e v e l o p i n g o r i m p r o v i n g t h e i n f r a s t r u c t u r e n e c e s s a r y t o a b a t e t h e o p i o i d c r i s i s a n y w h e r e w i t h i n t h e S t a t e o f C o l o r a d o . T h e S t a t e w i d e I n f r a s t r u c t u r e S h a r e i s i n t e n d e d t o s u p p l e m e n t O p i o i d F u n d s r e c e i v e d b y a n y P a r t y o r R e g i o n . 3 . P r i o r t o d i s t r i b u t i n g a n y O p i o i d F u n d s f r o m t h e S t a t e w i d e I n f r a s t r u c t u r e S h a r e , t h e A b a t e m e n t C o u n c i l s h a l l e s t a b l i s h a n d p u b l i s h p o l i c i e s a n d p r o c e d u r e s f o r t h e d i s t r i b u t i o n a n d o v e r s i g h t o f t h e S t a t e w i d e I n f r a s t r u c t u r e S h a r e , i n c l u d i n g p r o c e s s e s f o r P a r t i e s o r R e g i o n s t o a p p l y f o r O p i o i d F u n d s f r o m t h e S t a t e w i d e I n f r a s t r u c t u r e S h a r e . T h e A b a t e m e n t C o u n c i l ’ s p o l i c i e s a n d p r o c e d u r e s s h a l l , a t a m i n i m u m , r e f l e c t t h e f o l l o w i n g p r i n c i p l e s : a . O p i o i d F u n d s f r o m t h e S t a t e w i d e I n f r a s t r u c t u r e S h a r e s h a l l b e u s e d f o r A p p r o v e d P u r p o s e s o n l y ; b . O p i o i d F u n d s f r o m t h e S t a t e w i d e I n f r a s t r u c t u r e S h a r e s h a l l b e p a i d d i r e c t l y t o t h e a p p r o p r i a t e s t a t e a g e n c i e s ( i n c l u d i n g b u t n o t l i m i t e d t o t h e C o l o r a d o D e p a r t m e n t o f L a w ) , R e g i o n a l f i s c a l a g e n t s , o r P a r t i c i p a t i n g L o c a l G o v e r n m e n t s o n l y ; c . D i s t r i b u t i o n a n d o v e r s i g h t o f t h e S t a t e w i d e I n f r a s t r u c t u r e S h a r e s h a l l c o m p l y w i t h t h e t e r m s o f t h i s M O U a n d a n y S e t t l e m e n t ; d . A p p r o p r i a t e p r o c e s s e s f o r r e m e d i a l a c t i o n w i l l b e t a k e n a g a i n s t P a r t i e s o r R e g i o n s t h a t m i s u s e O p i o i d F u n d s f r o m t h e S t a t e w i d e I n f r a s t r u c t u r e S h a r e . S u c h p r o c e s s e s s h a l l i n c l u d e p r o c e d u r e s f o r a l l e g e d o f f e n d i n g P a r t i e s o r R e g i o n s t o c h a l l e n g e o r d i s p u t e s u c h r e m e d i a l a c t i o n ; a n d e . L i m i t a t i o n s o n a d m i n i s t r a t i v e c o s t s t o b e e x p e n d e d b y r e c i p i e n t s f o r a d m i n i s t e r i n g O p i o i d F u n d s r e c e i v e d f r o m t h e S t a t e w i d e I n f r a s t r u c t u r e F u n d , n o t t o e x c e e d a c t u a l c o s t s e x p e n d e d b y t h e r e c i p i e n t o r 1 0 % o f t h e a m o u n t r e c e i v e d , w h i c h e v e r i s l e s s . 4 . T h e d i s t r i b u t i o n a n d o v e r s i g h t p o l i c i e s a n d p r o c e d u r e s d e v e l o p e d b y t h e A b a t e m e n t C o u n c i l , i n a c c o r d a n c e w i t h S e c t i o n ( G ) ( 3 ) , s h a l l b e n o n - a p p e a l a b l e o r d e r s a n d n o P a r t y o r R e g i o n m a y s e e k j u d i c i a l r e l i e f r e l a t e d t o t h e d i s t r i b u t i o n a n d o v e r s i g h t o f t h e S t a t e w i d e I n f r a s t r u c t u r e S h a r e . 1 4 5 . O n a n a n n u a l b a s i s , a s d e t e r m i n e d b y t h e A b a t e m e n t C o u n c i l , a n y P a r t y o r R e g i o n a l C o u n c i l t h a t r e c e i v e s f u n d s f r o m t h e S t a t e w i d e I n f r a s t r u c t u r e S h a r e s h a l l p r o v i d e a l l e x p e n d i t u r e d a t a , i n c l u d i n g a d m i n i s t r a t i v e c o s t s , r e l a t e d t o a n y O p i o i d F u n d s i t r e c e i v e d f r o m t h e S t a t e w i d e I n f r a s t r u c t u r e S h a r e a n d s u b j e c t i t s e l f t o a n a c c o u n t i n g a s r e q u i r e d b y t h e A b a t e m e n t C o u n c i l . T h e A b a t e m e n t C o u n c i l s h a l l p u b l i s h a l l e x p e n d i t u r e d a t a f r o m t h e S t a t e w i d e I n f r a s t r u c t u r e S h a r e i n a c c o r d a n c e w i t h S e c t i o n ( C ) ( 4 ) ( c ) ( i ) . T h e A b a t e m e n t C o u n c i l m a y r e q u i r e t h e P a r t i e s o r R e g i o n a l C o u n c i l s t h a t r e c e i v e f u n d s f r o m t h e S t a t e w i d e I n f r a s t r u c t u r e S h a r e t o p r o v i d e a d d i t i o n a l o u t c o m e r e l a t e d d a t a i n a c c o r d a n c e w i t h S e c t i o n ( C ) ( 4 ) ( c ) ( i i ) a n d t h e P a r t i e s o r R e g i o n a l C o u n c i l s s h a l l c o m p l y w i t h s u c h r e q u i r e m e n t s . 6 . C o s t s a s s o c i a t e d w i t h t h e A b a t e m e n t C o u n c i l ’ s d i s t r i b u t i o n a n d o v e r s i g h t o f t h e S t a t e w i d e I n f r a s t r u c t u r e S h a r e , a s d e s c r i b e d i n t h i s S e c t i o n ( G ) , s h a l l b e p a i d f o r f r o m t h e S t a t e w i d e I n f r a s t r u c t u r e S h a r e . T h e A b a t e m e n t C o u n c i l s h a l l m a k e a l l g o o d f a i t h e f f o r t s t o l i m i t s u c h c o s t s t o t h e g r e a t e s t e x t e n t p o s s i b l e . H . G e n e r a l T e r m s A l l P a r t i e s a n d R e g i o n a l C o u n c i l s s h a l l m a i n t a i n a l l r e c o r d s r e l a t e d t o t h e r e c e i p t a n d e x p e n d i t u r e o f O p i o i d F u n d s f o r n o l e s s t h a n f i v e ( 5 ) y e a r s a n d s h a l l m a k e s u c h r e c o r d s a v a i l a b l e f o r r e v i e w b y t h e A b a t e m e n t C o u n c i l , a n y o t h e r P a r t y o r R e g i o n a l C o u n c i l , o r t h e p u b l i c . R e c o r d s r e q u e s t e d b y t h e p u b l i c s h a l l b e p r o d u c e d i n a c c o r d a n c e w i t h C o l o r a d o ’ s o p e n r e c o r d s l a w s . R e c o r d s r e q u e s t e d b y t h e A b a t e m e n t C o u n c i l o r a n o t h e r P a r t y o r a R e g i o n a l C o u n c i l s h a l l b e p r o d u c e d w i t h i n t w e n t y - o n e ( 2 1 ) d a y s o f t h e d a t e t h e r e c o r d r e q u e s t w a s r e c e i v e d . T h i s r e q u i r e m e n t d o e s n o t s u p p l a n t a n y P a r t y o r R e g i o n a l C o u n c i l ’ s o b l i g a t i o n s u n d e r C o l o r a d o ’ s o p e n r e c o r d s l a w s . 2 . I f a n y P a r t y ( i e s ) b e l i e v e s t h e A b a t e m e n t C o u n c i l h a s v i o l a t e d t h e t e r m s o f t h i s M O U , t h e a l l e g i n g P a r t y ( i e s ) m a y s e e k t o e n f o r c e t h e t e r m s o f t h i s M O U , p r o v i d e d t h e a l l e g i n g P a r t y ( i e s ) f i r s t p r o v i d e s n o t i c e t o t h e A b a t e m e n t C o u n c i l o f t h e a l l e g e d v i o l a t i o n a n d a r e a s o n a b l e o p p o r t u n i t y t o c u r e t h e a l l e g e d v i o l a t i o n . I n s u c h a n e n f o r c e m e n t a c t i o n , t h e a l l e g i n g P a r t y ( i e s ) m a y o n l y s e e k t o e n f o r c e t h e t e r m s o f t h e M O U a g a i n s t t h e S t a t e a n d t h e P a r t i c i p a t i n g L o c a l G o v e r n m e n t s f r o m w h i c h t h e L o c a l G o v e r n m e n t M e m b e r s o f t h e A b a t e m e n t C o u n c i l w e r e a p p o i n t e d a n d m a y o n l y s e e k d e c l a r a t o r y a n d / o r i n j u n c t i v e r e l i e f I n d e f e n s e o f s u c h a n e n f o r c e m e n t a c t i o n , t h e S t a t e ’ s M e m b e r s o f t h e A b a t e m e n t C o u n c i l s h a l l b e r e p r e s e n t e d b y t h e S t a t e a n d t h e L o c a l G o v e r n m e n t M e m b e r s s h a l l b e r e p r e s e n t e d b y t h e P a r t i c i p a t i n g L o c a l G o v e r n m e n t s f r o m w h i c h t h e L o c a l G o v e r n m e n t M e m b e r s w e r e a p p o i n t e d . I n t h e e v e n t o f a c o n f l i c t , t h e A b a t e m e n t C o u n c i l a n d i t s M e m b e r s m a y s e e k o u t s i d e r e p r e s e n t a t i o n t o d e f e n d i t s e l f a g a i n s t s u c h a n e n f o r c e m e n t a c t i o n . 3 . I f a n y P a r t y ( i e s ) b e l i e v e s a n o t h e r P a r t y ( i e s ) , n o t i n c l u d i n g t h e A b a t e m e n t C o u n c i l , v i o l a t e d t h e t e r m s o f t h i s M O U , t h e a l l e g i n g P a r t y ( i e s ) m a y s e e k t o e n f o r c e t h e t e r m s o f t h i s M O U i n t h e c o u r t i n w h i c h a n y a p p l i c a b l e S e t t l e m e n t ( s ) w a s e n t e r e d , p r o v i d e d t h e a l l e g i n g P a r t y ( i e s ) f i r s t p r o v i d e t h e a l l e g e d o f f e n d i n g P a r t y ( i e s ) 1 5 n o t i c e o f t h e a l l e g e d v i o l a t i o n ( s ) a n d a r e a s o n a b l e o p p o r t u n i t y t o c u r e t h e a l l e g e d v i o l a t i o n ( s ) . I n s u c h a n e n f o r c e m e n t a c t i o n , a n y a l l e g i n g P a r t y o r a l l e g e d o f f e n d i n g P a r t y ( i e s ) m a y b e r e p r e s e n t e d b y t h e i r r e s p e c t i v e p u b l i c e n t i t y i n a c c o r d a n c e w i t h C o l o r a d o l a w . 4 . N o t h i n g i n t h i s M O U s h a l l b e i n t e r p r e t e d t o w a i v e t h e r i g h t o f a n y P a r t y t o s e e k j u d i c i a l r e l i e f f o r c o n d u c t o c c u r r i n g o u t s i d e t h e s c o p e o f t h i s M O U t h a t v i o l a t e s a n y C o l o r a d o l a w . I n s u c h a n a c t i o n , t h e a l l e g e d o f f e n d i n g P a r t y ( i e s ) , i n c l u d i n g t h e A b a t e m e n t C o u n c i l , m a y b e r e p r e s e n t e d b y t h e i r r e s p e c t i v e p u b l i c e n t i t i e s i n a c c o r d a n c e w i t h C o l o r a d o l a w . I n t h e e v e n t o f a c o n f l i c t , a n y P a r t y , i n c l u d i n g t h e A b a t e m e n t C o u n c i l a n d i t s M e m b e r s , m a y s e e k o u t s i d e r e p r e s e n t a t i o n t o d e f e n d i t s e l f a g a i n s t s u c h a n a c t i o n . 5 . I f a n y P a r t y ( i e s ) b e l i e v e s a n o t h e r P a r t y ( i e s ) , R e g i o n ( s ) , o r i n d i v i d u a l ( s ) i n v o l v e d i n t h e r e c e i p t , d i s t r i b u t i o n , o r a d m i n i s t r a t i o n o f O p i o i d s F u n d s h a s v i o l a t e d a n y a p p l i c a b l e e t h i c s c o d e s o r r u l e s , a c o m p l a i n t s h a l l b e l o d g e d w i t h t h e a p p r o p r i a t e f o r u m f o r h a n d l i n g s u c h m a t t e r s , s u c h a s a l o c a l h o m e r u l e m u n i c i p a l i t y ’ s e t h i c s b o a r d . 6 . I f a n y P a r t y ( i e s ) b e l i e v e s a n o t h e r P a r t y ( i e s ) , R e g i o n ( s ) , o r i n d i v i d u a l ( s ) i n v o l v e d i n t h e r e c e i p t , d i s t r i b u t i o n , o r a d m i n i s t r a t i o n o f O p i o i d F u n d s v i o l a t e d a n y C o l o r a d o c r i m i n a l l a w , s u c h c o n d u c t s h a l l b e r e p o r t e d t o t h e a p p r o p r i a t e c r i m i n a l a u t h o r i t i e s . 7 . V e n u e f o r a n y l e g a l a c t i o n r e l a t e d t o t h i s M O U s h a l l b e i n a c o u r t o f c o m p e t e n t j u r i s d i c t i o n w h e r e a n y a p p l i c a b l e S e t t l e m e n t ( s ) i s e n t e r e d . 8 . B e c a u s e r e c o v e r y u n d e r t h e t e r m s o f d i f f e r e n t S e t t l e m e n t ( s ) m a y v a r y d e p e n d i n g o n t h e n u m b e r o f P a r t i e s r e q u i r e d t o e f f e c t u a t e a S e t t l e m e n t , t h e P a r t i e s m a y c o n d i t i o n a l l y a g r e e t o s i g n o n t o t h e M O U t h r o u g h a l e t t e r o f i n t e n t , r e s o l u t i o n o r s i m i l a r w r i t t e n s t a t e m e n t , d e c l a r a t i o n o r p r o n o u n c e m e n t d e c l a r i n g t h e i r i n t e n t t o s i g n o n t o t h e M O U i f t h e t h r e s h o l d f o r P a r t y p a r t i c i p a t i o n i n a s p e c i f i c S e t t l e m e n t i s a c h i e v e d . 4 9 . T h i s M O U m a y b e e x e c u t e d i n t w o o r m o r e c o u n t e r p a r t s , e a c h o f w h i c h s h a l l b e d e e m e d a n o r i g i n a l , b u t a l l o f w h i c h s h a l l c o n s t i t u t e o n e a n d t h e s a m e i n s t r u m e n t . T h e P a r t i e s a p p r o v e t h e u s e o f e l e c t r o n i c s i g n a t u r e s f o r e x e c u t i o n o f t h i s M O U . A l l u s e o f e l e c t r o n i c s i g n a t u r e s s h a l l b e g o v e r n e d b y t h e U n i f o n n E l e c t r o n i c T r a n s a c t i o n s A c t , C . R . S . § 2 4 - 7 1 . 3 - 1 0 1 , e t s e q . T h e P a r t i e s a g r e e n o t t o d e n y t h e l e g a l e f f e c t o r e n f o r c e a b i l i t y o f t h e M O U s o l e l y b e c a u s e i t i s i n e l e c t r o n i c f o r m o r F o r i n s t a n c e , t h e J u l y 2 1 , 2 0 2 1 “ D i s t r i b u t o r S e t t l e m e n t A g r e e m e n t ” i n c l u d e s a “ S u b d i v i s i o n S e t t l e m e n t A g r e e m e n t F o r m ” t h a t , o n c e f i l l e d o u t a n d e x e c u t e d , i s m e a n t t o i n d i c a t e t h a t L o c a l G o v e r n m e n t ’ s ( o r S u b d i v i s i o n ’ s ) e l e c t i o n t o p a r t i c i p a t e i n t h a t D i s t r i b u t o r S e t t l e m e n t a n d a l s o , t o r e q u i r e t h a t L o c a l G o v e r n m e n t t o t a k e s t e p s t o f o r m a l l y r e l e a s e a n y c l a i m i t m a y h a v e a g a i n s t t h e S e t t l i n g D i s t r i b u t o r s . W i t h r e g a r d t o t h e D i s t r i b u t o r S e t t l e m e n t A g r e e m e n t o r a n y o t h e r S e t t l e m e n t s t h a t i n c l u d e a f o r m s i m i l a r t o t h e S u b d i v i s i o n S e t t l e m e n t A g r e e m e n t F o r m , t h e P a r t i e s m a y s t i l l c o n d i t i o n a l l y a g r e e t o s i g n o n t o t h e M O U i f , f o r i n s t a n c e , t h e t h r e s h o l d f o r P a r t y p a r t i c i p a t i o n i n a s p e c i f i c S e t t l e m e n t i s a c h i e v e d . 1 6 b e c a u s e a n e l e c t r o n i c r e c o r d w a s u s e d i n i t s f o r m a t i o n . T h e P a r t i e s a g r e e n o t t o o b j e c t t o t h e a d m i s s i b i l i t y o f t h e M O U i n t h e f o r m o f a n e l e c t r o n i c r e c o r d , o r a p a p e r c o p y o f a n e l e c t r o n i c d o c u m e n t , o r a p a p e r c o p y o f a d o c u m e n t b e a r i n g a n e l e c t r o n i c s i g n a t u r e , o n t h e g r o u n d t h a t i t i s a n e l e c t r o n i c r e c o r d o r e l e c t r o n i c s i g n a t u r e o r t h a t i t i s n o t i n i t s o r i g i n a l f o r m o r i s n o t a n o r i g i n a l . 1 0 . E a c h p a r t y r e p r e s e n t s t h a t a l l p r o c e d u r e s n e c e s s a r y t o a u t h o r i z e s u c h P a r t y ’ s e x e c u t i o n o f t h i s M O U h a v e b e e n p e r f o r m e d a n d t h a t t h e p e r s o n s i g n i n g f o r s u c h P a r t y h a s b e e n a u t h o r i z e d t o e x e c u t e t h e M O U . P a y m e n t o f C o u n s e l a n d L i t i g a t i o n E x p e n s e s T h r o u g h a B a c k - S t o p F u n d S o m e S e t t l e m e n t s , i n c l u d i n g t h e M c K e s s o n C o r p o r a t i o n , C a r d i n a l H e a l t h , I n c . , a n d A m e r i s o u r c e B e r g e n C o r p o r a t i o n ( “ D i s t r i b u t o r ” ) a n d J o h n s o n & J o h n s o n l J a n s s e n ( “ J & J ” ) s e t t l e m e n t s , m a y p r o v i d e f o r t h e p a y m e n t o f a l l o r a p o r t i o n o f t h e f e e s a n d l i t i g a t i o n e x p e n s e s o w e d b y P a r t i c i p a t i n g L o c a l G o v e r n m e n t s t o c o u n s e l s p e c i f i c a l l y r e t a i n e d t o f i l e s u i t i n t h e o p i o i d l i t i g a t i o n . I f a n y S e t t l e m e n t i s i n s u f f i c i e n t t o c o v e r t h e f e e o b l i g a t i o n s o f t h e P a r t i c i p a t i n g L o c a l G o v e r n m e n t s ( a s d i s c u s s e d a n d m o d i f i e d b y J u d g e P o l s t e r ’ s O r d e r o f A u g u s t 6 r e g a r d i n g f e e s f o r t h e D i s t r i b u t o r a n d J & J s e t t l e m e n t s ) , t h e d e f i c i e n c i e s w i l l b e c o v e r e d a s s e t f o r t h i n f u r t h e r d e t a i l b e l o w . 2 . T h e P a r t i e s a l s o r e c o g n i z e t h a t , a s i n t h e D i s t r i b u t o r a n d J & J s e t t l e m e n t s , c e r t a i n O p i o i d S e t t l i n g D e f e n d a n t s m a y o f f e r p r e m i u m s b e n e f i t i n g t h e e n t i r e s t a t e o f C o l o r a d o w h e n P a r t i c i p a t i n g L o c a l G o v e r n m e n t s a g r e e t o t h e S e t t l e m e n t ( s ) , t h e r e b y s e t t l i n g t h e i r c l a i m s i n t h e i r o n - g o i n g l a w s u i t s . F o r e x a m p l e , b e l o w i s t h e c h a r t i l l u s t r a t i n g h o w I n c e n t i v e P a y m e n t B ( a 2 5 % p r e m i u m t o t h e e n t i r e s t a t e ) w o r k s i n t h e D i s t r i b u t o r S e t t l e m e n t a t S e c t i o n I V . F . 2 . b ( p . 2 0 ) : P e r c e n t a g e o f L i t i g a t i n g S u b d i v i s i o n P o p u l a t i o n t h a t i s I n c e n t i v e B E l i g i b l e S u b d i v i s i o n I n c e n t i v e l ’ a y n i e n t B P o p u l a t i o n ” E l i g i b i l i t y P e r c e n t a g e L i p t o 5 % 0 % 5 ° ’ — . 3 0 % 6 + 4 0 % 9 1 + 5 0 % 9 5 + 6 0 % 9 9 % — 9 5 % l 0 0 ’ l 0 0 ’ 3 . I f t h e c o u r t i n I n R e : N a t i o n a l P r e s c r i p t i o n O p i a t e L i t i g a t i o n , M D L N o . 2 8 0 4 ( N . D . O h i o ) , o r i f a S e t t l e m e n t e s t a b l i s h e s a c o m m o n b e n e f i t f u n d o r s i m i l a r d e v i c e t o c o m p e n s a t e a t t o r n e y s f o r s e r v i c e s r e n d e r e d a n d e x p e n s e s i n c u r r e d t h a t h a v e b e n e f i t e d p l a i n t i f f s g e n e r a l l y i n t h e l i t i g a t i o n ( t h e “ C o m m o n B e n e f i t F u n d ” ) , 1 7 a n d / o r r e q u i r e s c e r t a i n g o v e r n m e n t a l p l a i n t i f f s t o p a y a s h a r e o f t h e i r r e c o v e r i e s f r o m d e f e n d a n t s i n t o t h e C o m m o n B e n e f i t F u n d ( “ C o u r t - O r d e r e d C o m m o n B e n e f i t F u n d A s s e s s m e n t ” ) , t h e n t h e P a r t i c i p a t i n g L o c a l G o v e r n m e n t s s h a l l b e r e q u i r e d t o f i r s t s e e k t o h a v e t h e i r a t t o r n e y s ’ f e e s a n d e x p e n s e s p a i d t h r o u g h t h e C o m m o n B e n e f i t F u n d . 4 . F o r t h e D i s t r i b u t o r a n d J & J s e t t l e m e n t s o n l y , c o u n s e l f o r P a r t i c i p a t i n g L o c a l G o v e r n m e n t s s h a l l h a v e t h e i r e x p e n s e s o t h e r w i s e r e c o v e r a b l e f r o m C o l o r a d o P a r t i c i p a t i n g L o c a l G o v e r n m e n t s c o m p e n s a t e d o n l y t h r o u g h t h e C o m m o n B e n e f i t F u n d ( s ) e s t a b l i s h e d i n t h o s e s e t t l e m e n t ( s ) . F o r t h e a v o i d a n c e o f d o u b t , c o u n s e l f o r P a r t i c i p a t i n g L o c a l G o v e r n m e n t s m a y r e c o v e r t h e i r a t t o r n e y s ’ f e e s t h r o u g h t h e D i s t r i b u t o r a n d J & J s e t t l e m e n t s a n d t h r o u g h t h e o t h e r a p p l i c a b l e p r o v i s i o n s o f t h i s S e c t i o n ( I ) . 5 . I n a d d i t i o n , a s a m e a n s o f c o v e r i n g a n y d e f i c i e n c i e s i n p a y i n g c o u n s e l f o r P a r t i c i p a t i n g L o c a l G o v e r n m e n t s , a s u p p l e m e n t a l C o l o r a d o A t t o r n e y F e e B a c k S t o p F u n d s h a l l b e e s t a b l i s h e d . T h e C o l o r a d o A t t o r n e y F e e B a c k - S t o p F u n d i s t o b e u s e d t o c o m p e n s a t e c o u n s e l f o r P a r t i c i p a t i n g L o c a l G o v e r n m e n t s t h a t f i l e d a n i n i t i a l c o m p l a i n t i n t h e o p i o i d l i t i g a t i o n b y S e p t e m b e r 1 , 2 0 2 0 ( “ L i t i g a t i n g P a r t i c i p a t i n g L o c a l G o v e r n m e n t s ” ) . 6 . P a y m e n t s o u t o f t h e C o l o r a d o A t t o r n e y F e e B a c k - S t o p F u n d s h a l l b e d e t e r m i n e d b y a c o m m i t t e e ( t h e “ O p i o i d F e e a n d E x p e n s e C o m m i t t e e ” ) . T h e O p i o i d F e e a n d E x p e n s e C o m m i t t e e s h a l l c o n s i s t o f t h e f o l l o w i n g f i v e ( 5 ) m e m b e r s : a . O n e ( 1 ) m e m b e r a p p o i n t e d b y C C I f r o m a l i t i g a t i n g c o u n t y o r f r o m a l i t i g a t i n g c o u n t y a n d c i t y m u n i c i p a l c o r p o r a t i o n ; b . O n e ( 1 ) m e m b e r a p p o i n t e d b y C M L f r o m a l i t i g a t i n g c i t y ; c . O n e ( 1 ) m e m b e r a p p o i n t e d j o i n t l y b y C C I a n d C M L f r o m a n o n - l i t i g a t i n g c o u n t y o r c i t y ; d . O n e ( 1 ) m e m b e r a p p o i n t e d b y t h e A t t o r n e y G e n e r a l ’ s O f f i c e ; a n d e . O n e ( 1 ) n e u t r a l m e m b e r j o i n t l y a p p o i n t e d b y a l l o f t h e o t h e r m e m b e r s l i s t e d a b o v e . 7 . T h e C o l o r a d o A t t o r n e y F e e B a c k - S t o p F u n d s h a l l b e f u n d e d a s f o l l o w s f r o m a n y S e t t l e m e n t , e x c l u d i n g s e t t l e m e n t s i n v o l v i n g M c K i n s e y a n d p a y m e n t s r e s u l t i n g f r o m t h e P u r d u e o r M a l l i n c k r o d t b a n k r u p t c y . F o r p u r p o s e s o n l y o f c a l c u l a t i n g t h e f u n d i n g o f t h e C o l o r a d o A t t o r n e y F e e B a c k - S t o p F u n d , t h e P a r t i e s d e e m 5 8 % o f t h e t o t a l L G S h a r e a n d R e g i o n a l S h a r e t o b e a t t r i b u t a b l e t o t h e L i t i g a t i n g L o c a l G o v e r n m e n t s . T h e C o l o r a d o A t t o r n e y F e e B a c k - S t o p F u n d s h a l l b e f u n d e d b y 8 . 7 % o f t h e t o t a l L G S h a r e a n d 4 . 3 5 % o f t h e t o t a l R e g i o n a l S h a r e a t t h e t i m e s u c h f u n d s a r e a c t u a l l y r e c e i v e d . N o f u n d s d e p o s i t e d i n t o t h e C o l o r a d o A t t o r n e y F e e B a c k - S t o p F u n d w i l l b e t a k e n f r o m t h e S t a t e w i d e I n f r a s t r u c t u r e S h a r e o r S t a t e S h a r e . 1 8 8 . C o u n s e l f o r L i t i g a t i n g P a r t i c i p a t i n g L o c a l G o v e r n m e n t s m a y a p p l y t o t h e C o l o r a d o A t t o r n e y F e e B a c k - S t o p F u n d o n l y a f t e r a p p l y i n g t o t h e C o m m o n B e n e f i t F u n d . 9 . C o u n s e l f o r L i t i g a t i n g P a r t i c i p a t i n g L o c a l G o v e r n m e n t s m a y a p p l y t o t h e C o l o r a d o A t t o r n e y F e e B a c k - S t o p F u n d f o r o n l y a s h o r t f a l l t h a t i s , t h e d i f f e r e n c e b e t w e e n w h a t t h e i r f e e a g r e e m e n t s w o u l d e n t i t l e t h e m t o ( a s l i m i t e d b y t h i s S e c t i o n ( I ) ) m i n u s w h a t t h e y h a v e a l r e a d y c o l l e c t e d f r o m t h e C o m m o n B e n e f i t F u n d ( i n c l u d i n g b o t h t h e “ c o m m o n b e n e f i t ” a n d “ c o n t i n g e n c y f e e ” c a l c u l a t i o n s , i f a n y ) . I f t h e y r e c e i v e f e e s / c o s t s f o r c o m m o n b e n e f i t w o r k i n t h e n a t i o n a l f e e f u n d , t h e s e f e e s / c o s t s w i l l b e a l l o c a t e d p r o p o r t i o n a t e l y a c r o s s a l l t h e i r l o c a l g o v e r n m e n t o p i o i d c l i e n t s b a s e d o n t h e a l l o c a t i o n m o d e l u s e d i n t h e N e g o t i a t i o n C l a s s w e b s i t e t o a l l o c a t e t h e a p p r o p r i a t e p o r t i o n t o C o l o r a d o c l i e n t s . 1 0 . C o u n s e l f o r L i t i g a t i n g P a r t i c i p a t i n g L o c a l G o v e r n m e n t s a r e l i m i t e d t o b e i n g p a i d , a t m o s t , a n d a s s u m i n g a d e q u a t e f u n d s a r e a v a i l a b l e i n a n y C o m m o n B e n e f i t F u n d a n d C o l o r a d o A t t o r n e y F e e B a c k - S t o p F u n d , f e e s i n a n a m o u n t e q u a l t o 1 5 % o f t h e L G S h a r e a n d 7 . 5 % o f t h e R e g i o n a l S h a r e a t t r i b u t a b l e t o t h e i r C o l o r a d o c l i e n t s . 1 1 . A n y f u n d s r e m a i n i n g i n t h e C o l o r a d o A t t o r n e y F e e B a c k - S t o p F u n d i n e x c e s s o f t h e a m o u n t s n e e d e d t o c o v e r t h e f e e s a n d l i t i g a t i o n e x p e n s e s o w e d b y L i t i g a t i n g P a r t i c i p a t i n g L o c a l G o v e r n m e n t s t o t h e i r r e s p e c t i v e c o u n s e l s h a l l r e v e r t t o t h e P a r t i c i p a t i n g L o c a l G o v e r n m e n t s a c c o r d i n g t o t h e a l l o c a t i o n s d e s c r i b e d i n S e c t i o n s ( E ) a n d ( F ) . E v e r y t w o y e a r s , t h e O p i o i d F e e a n d E x p e n s e C o m m i t t e e s h a l l a s s e s s t h e a m o u n t r e m a i n i n g i n t h e C o l o r a d o A t t o r n e y F e e B a c k - S t o p F u n d t o d e t e r m i n e i f i t i s o v e r f u n d e d . 1 2 . D e s p i t e t h e f a c t t h a t a l i t i g a t i n g e n t i t y b o n u s b e n e f i t s t h e e n t i r e s t a t e , n o p o r t i o n o f t h e S t a t e S h a r e s h a l l b e u s e d t o f u n d t h e C o l o r a d o A t t o r n e y F e e B a c k - S t o p F u n d o r i n a n y o t h e r w a y t o f u n d a n y P a r t i c i p a t i n g L o c a l G o v e r n m e n t ’ s a t t o r n e y s ’ f e e s a n d e x p e n s e s . B e c a u s e t h e s t a t e d i d n o t h i r e o u t s i d e c o u n s e l , a n y f u n d s f o r a t t o r n e y s f e e s t h a t t h e s t a t e r e c e i v e s f r o m t h e J & J a n d D i s t r i b u t o r s e t t l e m e n t w i l l b e d e p o s i t e d i n t o t h e S t a t e S h a r e . 1 3 . T o p a r t i c i p a t e i n t h e C o l o r a d o A t t o r n e y F e e B a c k - S t o p F u n d , c o u n s e l m u s t f o l l o w t h e r e q u i r e m e n t s o f C . R . S . § 1 3 - 1 7 - 3 0 4 . 1 9 T h i s C o l o r a d o O p i o i d s S e t t l e m e n t M e m o r a n d u m o f U n d e r s t a n d i n g i s s i g n e d t h i s d a y o f , O 2 . L b y : C o l o r a d o r n e y G e n e r a l P h i l i p J . W e i s e r 2 0 21 This Colorado Opioids Settlement Memorandum of Understanding is signed this ___ day of _____________, _____ by: ______________________________________________ Name & Title___________________________________ On behalf of ___________________________________ Exhibit A 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 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 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 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 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 3. Developing data tracking software and applications for overdoses/naloxone revivals. 4. Public education relating to emergency responses to overdoses. 5. Free naloxone for anyone in the community. 6. Public education relating to immunity and Good Samaritan laws. 7. Educating first responders regarding the existence and operation of immunity and Good Samaritan laws. 8. Syringe service programs, including supplies, staffing, space, peer support services, and the full range of harm reduction and treatment services provided by these programs. 9. Expand access to testing and treatment for infectious diseases such as HIV and Hepatitis C resulting from intravenous opioid use. III. ADDITIONAL AREAS I. SERVICES FOR CHILDREN 1. Support for children’s services: Fund additional positions and services, including supportive housing and other residential services, relating to children being removed from the home and/or placed in foster care due to custodial opioid use. J. FIRST RESPONDERS 1. Law enforcement expenditures relating to the opioid epidemic. 2. Educating first responders regarding appropriate practices and precautions when dealing with fentanyl or other drugs. 3. Increase electronic prescribing to prevent diversion and forgery. K. COMMUNITY LEADERSHIP 1. Regional planning to identify goals for opioid reduction and support efforts or to identify areas and populations with the greatest needs for treatment intervention services. 2. Government dashboard to track key opioid-related indicators and supports as identified through collaborative community processes. EXHIBIT A L. STAFFING AND TRAINING 1. Funding for programs and services regarding staff training and networking to improve staff capability to abate the opioid crisis. 2. Support infrastructure and staffing for collaborative cross-systems coordination to prevent opioid misuse, prevent overdoses, and treat those with OUD (e.g., health care, primary care, pharmacies, PDMPs, etc.). M. RESEARCH 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 Exhibit B 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 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 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 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 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 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 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 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 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 Exhibit C EXHIBIT C Exhibit D 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 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 Exhibit E 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 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 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 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 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 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 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 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 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 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 Exhibit F 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 Exhibit G 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 • 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 • Regions may establish their own procedures through adoption of bylaws (model bylaws to be made available). • Meetings of regional board/committee shall be open to the public and comply with the Colorado Open Meetings Law (including requirement to keep minutes). D. Financial Responsibility/Controls • A local government entity shall nominate and designate a fiscal agent for the Region. • A Regional fiscal agent must be appointed by the Regional Council on an annual basis. A Regional fiscal agent may serve as long as the Regional Council determines is appropriate, including the length of any Settlement that contemplates the distribution of Opioid Funds within Colorado. However, the Regional fiscal agent also can change over time. • Regional fiscal agents must be a board of county commissioners or a city or town council or executive department, such as a department of finance. • Yearly reporting by fiscal agent (using standard form) to the Abatement Council. • All documents subject to CORA. E. Conflicts of Interest • Voting members shall abide by the conflict-of-interest rules applicable to local government officials under state law. F. Ethics Laws • Voting members shall abide by applicable state or local ethics laws, as appropriate. G. Authority • The Regional Council for each region shall have authority to decide how funds allocated to the region shall be distributed in accordance with the Colorado MOU and shall direct the fiscal agent accordingly. • Any necessary contracts will be entered into by the fiscal agent, subject to approval by the Regional Council. H. Legal Status • The region shall not be considered a separate legal entity, unless the Participating Local Governments decide, through an IGA, to create a separate governmental entity. EXHIBIT G Exhibit G-1 MODEL COLORADO REGIONAL OPIOID INTERGOVERNMENTAL AGREEMENT2 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 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 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 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 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 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. EXHIBIT G-1 it may seek guidance from the legal counsel of the county or municipal government of the Regional Council’s fiscal agent at the time the issue arises. 3.6. Collaboration: The Regional Council shall facilitate collaboration between the State, Participating Local Governments within its Region, the Abatement Council, and other stakeholders within its Region for the purposes of sharing data, outcomes, strategies, and other relevant information related to abating the opioid crisis in Colorado. 3.7. Transparency: The Regional Council shall operate with all reasonable transparency and abide by all Colorado laws relating to open records and meetings. To the extent the Abatement Council requests outcome-related data from the Regional Council, the Regional Council shall provide such data in an effort to determine best methods for abating the opioid crisis in Colorado. 3.8. Conflicts of Interest: Voting Members shall abide by the conflict-of-interest rules applicable to local government officials under state law. 3.9. Ethics Laws: Voting Members shall abide by their local ethics laws or, if no such ethics laws exist, by applicable state ethics laws. 3.10. Decision Making: The Regional Council shall seek to make all decisions by consensus. In the event consensus cannot be achieved, the Regional Council shall make decisions by a majority vote of its Members. 4. REGIONAL FISCAL AGENT 4.1. Purpose: According to the Colorado MOU, the Regional Council must designate a fiscal agent for the Region prior to the Region receiving any Opioid funds from the Regional Share. All funds from the Regional Share shall be distributed to the Regional Council’s fiscal agent for the benefit of the entire Region. 4.2. Designation: The Regional Council shall nominate and designate a fiscal agent for the Region by majority vote. Regional fiscal agents must be a board of county commissioners or a city or town council or executive department, such as a department of finance. 4.3. Term: A Regional fiscal agent must be appointed by the Regional Council on an annual basis. A Regional fiscal agent may serve as long as the Regional Council determines is appropriate, including the length of any Settlement that contemplates the distribution of Opioid Funds within Colorado. 4.4. Duties: The Regional fiscal agent shall receive, deposit, and make available Opioid Funds distributed from the Abatement Council and provide expenditure reporting data to the EXHIBIT G-1 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 EXHIBIT G-1 possible opportunity. In Response, the Regional Council shall gather any information necessary to resolve the dispute. Within fourteen (14) days of the Regional PLG informing the Acting Chair of its dispute, the Regional Council shall issue a decision with respect to the dispute. In reaching its decision, the Regional Council may hold a vote of Voting Members, with the Acting Chair serving as the tie- breaker, or the Regional Council may devise its own dispute resolution process. However, in any disputes regarding the appointment of a Voting Member, that Voting Member will be recused from voting on the dispute. The decision of the Regional Council is a final decision. 7. DISPUTES WITH ABATEMENT COUNCIL. If the Regional Council disputes the amount of Opioid Funds 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 EXHIBIT G-1 Agreement shall in any way limit the ability of the Regional PLGs to comply with any laws or legal process concerning disclosures by public entities. The Regional PLGs understand that all materials exchanged under this Regional Agreement, including confidential information or proprietary information, may be subject to the Colorado Open Records Act., § 24-72-201, et seq., C.R.S., (the “Act”). In the event of a request to a Regional PLG for disclosure of confidential materials, the Regional PLG shall advise the Regional PLGs of such request in order to give the Regional PLGs the opportunity to object to the disclosure of any of its materials which it marked as, or otherwise asserts is, proprietary or confidential. If a Regional PLG objects to disclosure of any of its material, the Regional PLG shall identify the legal basis under the Act for any right to withhold. In the event of any action or the filing of a lawsuit to compel disclosure, the Regional PLG agrees to intervene in such action or lawsuit to protect and assert its claims of privilege against disclosure of such material or waive the same. If the matter is not resolved, the Regional PLGs may tender all material to the court for judicial determination of the issue of disclosure. 14. GOVERNING LAW; VENUE. This Regional Agreement shall be governed by the laws of the State of Colorado. Venue for any legal action relating solely to this Regional Agreement will be in the applicable District Court of the State of Colorado for the county of the Region’s fiscal agent. Venue for any legal action relating to the Colorado MOU shall be in a court of competent jurisdiction where a Settlement or consent decree was entered, as those terms are described or defined in the Colorado MOU. If a legal action relates to both a Regional Agreement and the Colorado MOU, venue shall also be in a court of competent jurisdiction where a Settlement or consent decree was entered. 15. TERMINATION. The Regional PLGs enter into this Regional Agreement to serve the public interest. If this Regional Agreement ceases to further the public interest, a Regional PLG, in its discretion, may terminate their participation in the Regional Agreement, in whole or in part, upon written notice to the other Regional PLGs. Each Regional PLG also has the right to terminate the Regional Agreement with cause upon written notice effective immediately, and without cause upon thirty (30) days prior written notice to the other Regional PLGs. A Regional PLG’s decision to terminate this Regional Agreement, with or without cause, shall have no impact on the other Regional PLGs present or future administration of its Opioid Funds and the other procedures outlined in this Regional Agreement. Rather, a Regional PLG’s decision to terminate this Regional Agreement shall have the same effect as non-participation, as outlined in Section 3.2 (e). 16. NOTICES. “Key Notices” under this Regional Agreement are notices regarding default, disputes, or termination of the Regional Agreement. Key Notices shall be given in writing and shall be deemed EXHIBIT G-1 received if given by confirmed electronic transmission that creates a record that may be retained, retrieved and reviewed by a recipient thereof, and that may be directly reproduced in paper form by such a recipient through an automated process, but specifically excluding facsimile transmissions and texts when transmitted, if transmitted on a business day and during normal business hours of the recipient, and otherwise on the next business day following transmission; certified mail, return receipt requested, postage prepaid, three business days after being deposited in the United States mail; or overnight carrier service or personal delivery, when received. For 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. EXHIBIT G-1 17.4. No Construction Against Drafting Party. The Regional PLGs and their respective counsel have had the opportunity to review the Regional Agreement, and the Regional Agreement will not be construed against any Regional PLG merely because any provisions of the Regional Agreement were prepared by a particular Regional PLG. 17.5. Captions and References. The captions and headings in this Regional Agreement are for convenience of reference only and shall not be used to interpret, define, or limit its provisions. All references in this Regional Agreement to sections (whether spelled out or using the § symbol), subsections, exhibits or other attachments, are references to sections, subsections, exhibits or other attachments contained herein or incorporated as a part hereof, unless otherwise noted. 17.6. Statutes, Regulations, and Other Authority. Any reference in this Regional Agreement to a statute, regulation, policy or other authority shall be interpreted to refer to such authority then current, as may have been changed or amended since the execution of this Regional Agreement. 17.7. Conflict of Interest. No Regional PLG shall knowingly perform any act that would conflict in any manner with said Regional PLG’s obligations hereunder. Each Regional PLG certifies that it is not engaged in any current project or business transaction, directly or indirectly, nor has it any interest, direct or indirect, with any person or business that might result in a conflict of interest in the performance of its obligations hereunder. No elected or employed member of any Regional 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 EXHIBIT G-1 Regional PLG to enforce any right arising under this Regional Agreement on one or more occasions will not operate as a waiver of that or any other right on that or any other occasion. 17.11. No Third-Party Beneficiaries. Enforcement of the terms of the Regional Agreement and all rights of action relating to enforcement are strictly reserved to the Regional PLGs. Nothing contained in the Regional Agreement gives or allows any claim or right of action to any third person or entity. Any person or entity other than the Regional PLGs receiving services or benefits pursuant to the Regional Agreement is an incidental beneficiary only. 17.12. Records Retention. The Regional PLGs shall maintain all records, including working papers, notes, and financial records in accordance with their applicable record retention schedules and policies. Copies of such records shall be furnished to the Parties request. 17.13. Execution by Counterparts; Electronic Signatures and Records. This Regional Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. The Regional PLGs approve the use of electronic signatures for execution of this Regional Agreement. All use of electronic signatures shall be governed by the Uniform Electronic Transactions Act, C.R.S. §§ 24-71.3-101, et seq. The Regional PLGs agree not to deny the legal effect or enforceability of the Regional Agreement solely because it is in electronic form or because an electronic record was used in its formation. The Regional PLGs agree not to object to the admissibility of the Regional Agreement in the form of an electronic record, or a paper copy of an electronic document, or a paper copy of a document bearing an electronic signature, on the ground that it is an electronic record or electronic signature or that it is not in its original form or is not an original. 17.14. Authority to Execute. Each Regional PLG represents that all procedures necessary to authorize such Regional PLG’s execution of this Regional Agreement have been performed and that the person signing for such Regional PLG has been authorized to execute the Regional Agreement. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 4826-9997-5642, v. 7 EXHIBIT G-1