HomeMy Public PortalAboutTBP 2021-10-20 '17
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Board of Trustees
Workshop and Regular Meeting Agenda
Fraser Town Hall, 153 Fraser Avenue and Virtually
Wednesday October 20, 2021
6:00 PM- 9:00 PM
Members of the Board may have dinner together @ 5:30 p.m.
NOTE: Times are approximate and agenda subject to change
Watch the meeting live on Fraser's YouTube Channel
https://www.youtube.com/channel/UCs5aHnl7d-kkOi 1 cxV28DSg
Participate in the meeting through our virtual platform
Zoom Meeting Information
https://us02web.zoom.us/i/2590408013
Meeting ID:259 040 8013
Phone 1 -346-248-7799
1. 2022 Budget Workshop - Ed
Documents:
11(IFE)FRIPIF 1:13u(,11go: 10114—"'"l F"
11(,')1 Efl:RAF f2022 Budget - ('Apd:al11.1-:xpend Rn es,pdf
2. 7:00 Ire. Roll Call
I Approval Of Agenda
4. Consent Agenda
a. Minutes October 6, 2021
Documents:
5. Bi-Annual Update Board Of County Commissioners
6. Amendment 4A - Ed Raegner
7. Discussion And Possible Action Regarding
a. Church Renovation Update - Steve Fitzgerald
b. Housing Update And Survey Results - Michael
c. Regional Housing Initiative Memorandum Of Understanding - Michael
Documents:
I:Re(,3k)n4l �nOJafive MCX.J.�,:)df
d. Resolution 2021-10-04 Approving Expenditures For Housing
Initiatives - Michael
Documents:
Fl,o::.usoh.jfioin 2()21 1(") 0-4,Ap[)mvk'q xpencfih.m'.�s IFo 11 Houc.,k'q r0fiabve,,,; pdf
e. Nationals Opioid Settlement Memorandum Of Understanding - Ed
Documents:
1 (,,,c:flomdci Q:Aoiid NJOU pdf
2 C,'Vairadc, Opk)id N/K"A
3 (Vo &Jo 0[)bkJ N40,J F P�C.)� paJf
-4 Jo['oIF)SCWI Aind JI"A'111nc."On Jair�, ^:.,en (.)piioiid PaiificipaUon
Fi',jrrn pdl:
E5 Opioiid Fla rtkJ patJcjirn onin pdf
A(Peerrieint,[,Af
8. Open Forum
a) Business not on the agenda
(If you would like to request time on the agenda please contact the Town
Clerk, Antoinette McVeigh at 970-726-5491 ext. 201)
9. Updates
a. Board Of Trustees
b. Financials
Documents:
(fl, Fnairv�:;Ol ",ftateimeWs pdf
10. Adjourn
UPCOMING MEETING
WEDNESDAY, NOVEMBER 3, 2021 BOARD OF TRUSTEES
Board Staff
Direct: Define the service, product or value I Lead: Future focused planning
to be delivered
Protect: Establish the operational Manage: Now focused policy and procedural
boundaries to be respected by Staff and guidance to ensure on time, on budget, and on
monitored by the Board target service delivery
Enable:Advocacy, resource development, Accomplish: Ensure the work defined by the
and role discipline I direction of the Board of Trustees is accomplished
TOWN OF FRASER 10/31/2021
DRAFT 10/14/2021 2020 2021 2021 2021 2022
Actuals Budget Year to Date YEE Budget
GENERALFUND
REVENUE
TAXES
10-31-100 General Fund Property Tax 334,794 350,000 (' , IIIIIIII 350,000 575,735
m u� R!VIIIIIII 25,000 12,000
10-31-200 Specific Ownership Tax 24,947 12,000 iiuuuuuuuuuuu ii
10-31-300 Motor Vehicle Tax 0 4,500 VIII (III III 500 500
10-31-400 Town Sales Tax 3,746,914 2 ,750 000 3500,000 3,200,0002r
10-31-410 Use Tax-Building Materials 171,598 100,000 ', � Giiiiiil 575,000 250,000
10-31-420 Use Tax-Motor Vehicle Sales 154,760 65,000EUI111 160,000 140,000
uu �fu uuuulu
g °° 7IIIIII
10-31-430 State Cigarette Tax 6,905 3,200 � 3,500 3,000
10-31-800 Franchise Fees 69,491 55,000 iiiuuuuuuuuuu uuuiiiiiiiiiiIll ; """ 150,000 60,000
Sub-Total 4,509,409 3,339,700 3,857,105 4,764,000 4,241,235
LICENSES&PERMITS
10-32-100 Business License Fees 15,783 15,000 iiiuuuuuuuuuuuuuuuuuliiiiiiiiiil "u'i , ! ?""' 15,500 15,000
10-32-110 Regulated Industry Fees/Taxes 237,718 120,000 1111111 ,,,,! 250,000 200,000
Sub-Total 253,501 135,000 204,860 265,500 215,000
INTERGOVERNMENTAL
10-33-100 Grants 640,973 0IIIIIII ? I�6lu !4' 225,000 221,645
Sub-Total 640,973 0 206,645 225,000 221,645
CHARGES FOR SERVICES
10-34-100 Annexation Fees 0 1,000 ' iiiiii 1,000 1,000
10-34-110 Zoning Fees 0 1,500Iliiii 1,500 1,500
10-34-120 Subdivision Fees 5,950 1,500 1111111 °° ,OI 30 000 1'500
I II Il�iiuuuuuuuuuuiiiiii
10-34-130 Miscellaneous Planning Fees 80 11000 iiiii ';II',iii 1,000 1,000
10-34-150 Affordable Housing Impact Fee 0 0 0 0
10-34-300 PAYT 72,557 35,000 � 2 65,000 70,000
10-34-600 Distribution 62,074 0 1111111 0 0
10-34-740 Fees in Lieu of Park Land 0 0 0 0
10-34-750 WTHP Revenue 0 0 !!!!!II 0 0
Sub-Total 140,661 40,000 79,251 98,500 75,000
FINES&FORFEITURES
10-35-100 Court Fines 0 0III iufi 0 0
III
10-35-200 Police Dept.Sur-Charge 0 0 1111111 0 0
Sub-Total 0 0 0 0 0
MISCELLANEOUS REVENUE
10-36-100 Interest Earnings 32,375 35,000 °�IIDIUI """' 6 000 4 500
g ,
10-36-300 Rental Income 10,385 12,000 iiiuuuuuuuuuuuuuuuuuuuiiiiuuuuuIG '.I 10,000 10,000
10-36-500 Sale of General Fixed Assets 0 0 1111111 iiii 0 0
I ���� IIIIIIII
10-36-600 Community Housing 16,650 15,000 IIIIIIIIIIIII II � ! !!!!! 18,000 15,000
III�I II�IIII��II
10-36-610 Reimbursable-Prof Services 53,478 50,000 VIII OIOI�N������ 50,000 100,000
. I ��Illllllllllllp 11111111
10-36-620 Reimbursable-Night Shuttle 0 0 0 0
10-36-630 Disposable Bag Fees 18,478 10,000 1111111 iii „ IIIIII 15,000 25,000
10-36-900 Miscellaneous Revenue 70,723 30,500 uiiiiiiiuuuuuuuuuuuiiiiiiiiiiiiiiiilllllllll 45,000 30,000
Sub-Total 202,088 152,500 127,623 144,000 184,500
SPECIAL ASSESSMENTS
10-37-100 Byers Vista SID 0 0 1111111 iii°I 0 0
Sub-Total 0 0 0 0 0
OTHER SOURCES AND TRANSFERS
10-39-100 Bond Proceeds 0 0 iiiuuu uuuuuliiii6119 0 0
10-39-900 Transfers in from Other Funds 0 0 J611IIII 0 0
10-39-920 Transfer in from GF Reserves 0 6,379 IIII, 0 6,379
10-39-940 Transfer in from WF Reserves 0 0 1111111 °gillld 0 0
10-39-960 Transfer in from WWF Reserves 0 0 1111111 0 0
10-39-999 Unassigned Fund Balance 2,055,683 2,508,918 1111111 ° Iir+�!!„° 4,172,073 3,582,388
Page 1
TOWN OF FRASER 10/31/2021
DRAFT 10/14/2021 2020 2021 2021 2021 2022
Actuals Budget Year to Date YEE Budget
Sub-Total 2,055,683 2,515,297 4,172,073 4,172,073 3,588,767
GENERAL FUND"NEW" REVENUES 5,746,632 3,667,200 4,475,484 5,497,000 4,937,380
GENERAL FUND TOTAL REVENUE 7,802,315 6,182,497 8,647,557 9,669,073 8,526,147
EXPENDITURES
TOWN BOARD
10-41-110 Salaries 37,120 35,000Iuu'uiuiliiiiil 35,000 35,000
10-41-220 FICA Tax 2,279 31825 °11"' 11114411111 3,825 2,678
10-41-280 II
uuuuuuuu(pu9uuuu��II,p 111111
10-41-290 Travels Meals rand Lodging 1,770 5,ams 110 0 ,000 6,000
500 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII VIII�ItIIIJ�IIJII Illlllj 5I IGI Iro" 5,500 6,000
10-41-295 Meals and Entertainment 4,865 10,0001111111 alllllll'I''I'I' 5,000 10,000
10-41-690 Miscellaneous Expense 7,935 10,500 11111111 ' 15,000 10,500
g "IIIIIIIIIIIIIiiiii
10-41-860 Grants and Aid to Agencies 0 5,000 5,000 5,000
10-41-861 Intergovernmental Agreements 4,500 5,000 °°°°°°°°°°°°°°°°° °°° °°°°°°° !!!9; 5,000 5,250
10-41-862 Fraser/Winter Park Police Dept 619,683 650,000 IIIIIIII NIIllrlllll°I ,,,, 650,000 682,500
10-41-863 Street Lighting and Signals 15,342 22,75001 J964111111
22,750 23,000
10-41-864 Special Events 13,857 15,000 VIII 111111 IIIIII�iiuuiuiiil 20,000 20,000
10-41-865 Grand County Dispatch 0 0 1111111 "!!!!; 0 0
10-41-866 Wood Stove Rebates 0 0 1111111 °11116 0 0
10-41-867 Chamber of Commerce-IGA 0 0 Ilii °Illlllj, 0 0
10-41-868 Winter Shuttle-IGA 0 0 0 0
uuuuuuuuuuuuuuuuuuiiuuuuuuuuui !k
10-41-869 Summer Shuttle-IGA 0 0 I;; d 0 0
10-41-870 Business Dist StreetScape 4,800 5,000 IIIIIIIII °gpiilililil'i 4,000 5,000
I �uuuuuuuuuuullllp,
10-41-871 Business Enhancement Programs 181,513 82,500 iiiuui � ' """ 150,000 82,500
10-41-872 Sustainability 4,955 15,000
III VIIII41 "Illlli 5,000 10,000
10-41-873 Recycle Facility 63,193 50,000 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIILq!82: , iiiiii 60,000 60,000
10-41-874 Community Housing 50,000 750,000 Illlh 155,000 750,000
10-41-875 Marketing 11,660 25,000 uuuuuuuuuuuugiiiiip„jjjjjjjjiip ,�
iiiii( 25,000 20,000
10-41-880 Center for Creative Arts 0 0 1111111 llllh 0 0
10-41-885 Economic Incentives 31,788 01111111 IIIIII 0 0
Sub-Total 1,055,371 1,696,075 620,715 1,172,075 1,733,428
ADMINISTRATION
10-45-110 Salaries 347,230 500,000 169 400,000 453,078
10-45-210 Health Insurance 76,219 90,000
$5,000 88,663 liiiuuuuuuuuuuuuuuuuuuiiiiiiuil � '
10-45-220 FICA Tax 24,806 32,000 I'I'Iuuiliiiiiii 30,600 34,660
10-45-230 Retirement 16,280 20,000 24,000 27,185
I�iiiiiiiiii�ffi Fill�uuuuuuuuuuuum
10-45-250 Unemployment Tax 1,048 1,200 1,200 1,200 1,359
10-45-260 Workers Comp Claims 0 0 III "ii'"ilio 0 0
uu IIIIIV
10-45-280 Training Programs 7,126 8,000 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII1L818 8,000 6,000
10-45-290 Travel, Meals and Lodging 1,556 10,000 20,000 7,000
10-45-295 Meals and Entertainment 2,781 6,000 ',' '0,iiiil 6,000 6,000
10-45-305 Municipal
10-45-310 LegalFees Court Judge 85,758 175,000225,000 175,000
X11111
10-45-320 Audit Fees 20,604 18,200 20,604 24,000
10-45-330 Engineering Fees 0 3,500 iiuuuuuuuuuuuuuuuuliiiiiiiiiuuuuuuluuull !!!!!! 3,500 4,000
p peri ` ii; 90,000 90,000
10-45-360 Com uters Networks and Su ort 57 457 90,000 6,
10-45-370 Other Professional Services 38,767 90,000iiiuuuuuuuuuuuuuuuuiiiiiiiiiiiiirlyIIIII 60,000 210,000
10-45-375 Reimbursable Prof Services 25,269 50,000kIVllllll 50,000 100,000
10-45-380 Janitorial Services 11,989 15,918 ' X92"" 15,918 16,561
10-45-385 Treasurer's Fees 6 696 7 725 °ulII Iluuuuugiiii!
2jjjjj
7,725 10,815
10-45-390 Abatement Fees 0 0 W 0 0
10-45-395 Recording Fees 2,000 1,500II"111111 1,500 1,500
Page 2
TOWN OF FRASER 10/31/2021
DRAFT 10/14/2021 2020 2021 2021 2021 2022
Actuals Budget Year to Date YEE Budget
10-45-410 Bank Charges 8,397 8,000 °°°°°°° Ij ' IIIIII, 8,000 8,000
10-45-420 Elections 829 5,000 uuuuuuuuuuuuuuuuuuuuuuuuul !!!!! 0 5,000
10-45-430 Insurance-All Departments 82,870 75,000 liiiuuuuuuuuuuuuuuuuuiiiiilljl1 ',II' 75,000 75,000
10-45-440 Advertising 2,764 2,500 ; ;;;9 2,500 2,500
10-45-490 Professional Memberships 10,797 12,000 iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiill � '0111111 12,000 11,000
10-45-500 Operating Supplies 12,973 15,435 111111113115"iiil 12,000 12,000
10-45-510 Equipment Purchase and Repair 4,250 10,000 !!!uuuuuuuuuuuuuuuugiiiiiiipuuuuul iiilullllii 3,000 5,000
10-45-550 Postage 2,156 2,500 AL3 2,500 2,500
10-45-560 Utilities-Telephone 8,556 7,500 'I ''U 7,500 7,575
10-45-561 Utilities-Natural Gas 2,704 3,500 iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii ';121IIIIII 3,500 3,700
10-45-562 Utilities-Electricity 7,030 6,400 I, 10,000 10,000
10-45-569 Utilities-Trash Removal 0 0 1111111 iiiii, 0 0
10-45-670 Prop Mgmt-107 Eisenhower Dr 13,509 20,0001111111 mi . p' 20,000 70,000
10-45-671 Prop Mgmt-105 Fraser Ave 826 5001 900 20,000
10-45-672 Prop Mgmt- 0 0 iiih, 0 0
10-45-673 Prop Mgmt-153 Fraser Ave 57,845 60,000NIIliuiiiiii 15,000 95,000
10-45-674 Prop Mgmt-200 Eisenhower Dr 1,035 500 1111111 dlll9; 500 1,000
10-45-675 Prop Mgmt-216 Eisenhower Dr 0 0 iiiiiili iiiiiiiiiiiiiiiiiii 0 0
10-45-676 Prop Mgmt-400 Doc Susie Ave 0 0 1111111 IIID 0 0
10-45-690 Miscellaneous Expense 20,952 20,000 iiiuuuuuol lui 20,000 15,000
10-45-695 Bad Debt Write-Off 540 0 111 6III;!; 0 0
10-45-730 Capital Projects 0 0 Illllllllllli 0 0
10-45-740 Capital Purchases 0 0 1111111muuu 82 0
10-45-810 Lease/Purchase-Principal 0 0 'I 0 0
10-45-820 Lease/Purchase-Interest 0 0 0 0
1I1I1I1I1I1I 111111111
10-45-830 Loan-Principal 703 0 iiiuuuuuuuuuuuuuuuuuuiu 8 llllllll29iim 42,000 5,000
uuuuuuul�uuuuuuuuuuuiiiip
10-45-840 Loan-Interest 74 0 liiiuuuuuuuuuu 200 100
III uuuli ""°
Sub-Total 954,394 1,367,878 11,1110110110,170 1,283,729 1,604,196
PUBLIC WORKS
10-60-110 Salaries 665,360 735,000° 9V111111 550,000 792,309
10-60-210 Health Insurance 176,569 215,0005' , IIIIIII 201,000 233,831
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
10-60-220 FICA Tax 46,691 58,000 iiiiiii l2 42,075 60,612
10-60-230 Retirement 26,413 33,000 33,000 38,984
VIII... �lll III°°
10-60-250 Unemployment Tax 2,012 2,350111111111111111111111111111111111111 VIII ��I�������� 1,650 2,377
10-60-260 Workers Comp Claims 0 01111111IIIIII 0 0
10-60-280 Training Programs 7,510 3,500 P � I 3,500 3,000
10-60-290 Travel, Meals and Lodging 391 2,500 IIP """""' llllli 2,500 3,000
10-60-295 Meals and Entertainment 717 1,500 iiillll11111; 1,500 1,500
10-60-330 Engineering Fees 92,446 50,0009 ,,,,! 50,000 50,000
10-60-360 Computer Network Support 27,450 33,075 1111111fiiuPll 40,000 50,000
10-60-370 Other Professional Services 9,281 90,000 pliiiii 90,000 50,000
10-60-380 Janitorial Services 0 0 iiiuuuuuuuuuuuuuuuuuumiiiuuuuuuuuuuuuuuum 'iiiii 0 0
10-60-470 Contract Grounds Maintenance 0 0 !!!uuuuuuu iiiiiil miiiii 0 0
10-60-475 Contract Snow Removal 0 0 jjjj;„ iiiii 0 0
10-60-480 Equipment Rental 1,403 2,500 IIII '411I8 5,000 2,500
10-60-490 Professional Memberships 786 1,000 uii llIIIIII 2,500 1,000
10-60-500 Operating Supplies 89,959 90,000 iiiuuuuuuuuuuuuuuuuliiiiiiiiiula3 90,000 94,000
10-60-506 Plants/Planter Supplies 27,279 70,000 IIIp�88llllll 26,333 75,000
10-60-510 Equipment Purchase and Repair 84,074 75,000 1111111 � �U ' h 75,000 75,000
10-60-560 Utilities-Telephone 4,550 4,000 4,000 4,080
10-60-561 Utilities-Natural Gas 3,929 5,000 !!!1111VVIIIIII 5,000 8,000
uuuuuugiiiiiiipuu I� r
10-60-562 Utilities-Electricity 0 0 iiillll ")IIIb 0 0
10-60-569 Utilities
10-60-670 Prop Mgmt a 2S FraserlAve 5,970 7,500 18(((((( 10,000 32,500
10-60-671 Prop Mgmt-Clayton Ct Parcel 0 0 1111111 0 0
Page 3
TOWN OF FRASER 10/31/2021
DRAFT 10/14/2021 2020 2021 2021 2021 2022
Actuals Budget Year to Date YEE Budget
10-60-672 Prop Mgmt-Elk Crk Wetlands 0 0 III III;!; 0 0
10-60-673 Prop Mgmt-Fraser River Trail 2,526 10,000
!!!!!p, 10,000 160,000
10-60-674 Prop Mgmt-Hwy 40 Pedestrian 295 6,000 1111111iiii 6,000 6,000
10-60-675 Prop Mgmt-Koppers Park 0 1,500 uuuuuuuuuuuuuuuuuuuuuuuuui !!!!4 1,500 1,500
10-60-676 Prop Mgmt-Old SchlHouse Pk 433 5,000 liiiiii 2!!UI '(((( 1,500 76,500
10-60-677 Prop Mgmt-Planning Area 28 0 0 iiiuuuuuuuuuuuuuuuuuuuiiiiuuuuiuuuuuuuuuuuu ' 0 0
10-60-678 Prop Mgmt-OutdoorActivityCtr 9170 iiiuuuuuuuuuuuuuuumiiiiii"iuuuuu m 0 0
10-60-679 Prop Mgmt-School Bus Garage 6,630 5,0001111111 II511J 111,111,1 6,500 26,500
::��I 111111
10-60-680 Prop Mgmt-Gardner Shed 0 0 III i!!!! 150 5,000
10-60-681 Prop Mgmt-Cozens Ranch Park 19,512 15,000 'II �6TY;; 15,000 15,000
10-60-682 Prop Mgmt-Amtrak Station 2,199 0 liiiiii6119 0 0
10-60-683 Prop Mgmt-Ptarmigan OS 0 0 1111111 iiiii, 0 0
um
10-60-684 Prop Mgmt-FRODO 0 5,000 60,000 5,000
10-60-685 Prop Mgmt-Mtn Man Park 640 500 �m'� iiiiii 500 500
10-60-686 Goranson Station 127 500 1111111 ijiiii 500 750
10-60-687 Prop Mgmt-6 W 321 5,000 ""' 5,000 50,000
10-60-690 Miscellaneous Expense 6,935 81000 VIII ' ( + 12,000 10,000
10-60-695 Fraser Mustang 00 flllllll 0 0
10-60-725 Street Improvements 0 0 1111111 P 0 250,000
10-60-730 Capital Projects 0 01111111 ! 0 0
10-60-740 Art In Public Places 38,536 90,000 1111111 I �jBl 90,000 91,100
Sub-Total 1,351,860 1,530,425 843,849 1,441,708 2,275,543
Outdoor Activity Center
10-65-110 Salaries 0 0 glll; 0 0
10-65-210 Health Insurance 0 0 "iiiii, 0 0
10-65-220 FICA Tax 0 01iiuuillllllll uuuuiiiiiilluuiii 0 0
10-65-230 Retirement 0 0 iiiuiuuuuuuuuuuuuuuuuuiiiiiuuuuuuuuuuuuuuuu °iiiii 0 0
10-65-250 Unemployment Tax 0 0 0 0
10-65-260 Workers Comp Claims 0 0 ¢ 0 0
10-65-280 Training Programs 0 0 liiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiioiiiiiiiiiiiii° 0 0
10-65-290 Travel, Meals and Lodging 0 0 IIIIIIII °i9; 0 0
10-65-295 Meals and Entertainment 0 0 iiiuu llllh 0 0
10-65-370 Other Professional Services 0 0 11111111iIlllli 200 0
10-65-380 Janitorial Services 11,790 15,000 1 �iiiiiiuuiuuui 15,000 15,000
10-65-490 Professional Memberships 0 0 iiii miiiIlllli 0 0
10-65-500 Operating Supplies 0 0 IIIIIII 0 0
10-65-510 Equipment Purchase and Repair 0 0 0 0
10-65-560 Utilities-Telephone 0 0 'ii iiii 0 0
10-65-561 Utilities-Natural Gas 987 1,236 1,236 1,236 1,200
10-65-562 Utilities-Electricity 1,196 1,236 III°°°°°°° , 1,236 1,200
!!!! 11111!
10-65-665 WTHP Expenses 0 00 0
IIIIIIIIIIIIII
10-65-670 Prop Mgmt-120 Zerex 120 51000 I; ' 1,000 60,000
10-65-690 Miscellaneous Expense 0 0 0 0
10-65-730 Capital Projects 0 0 l 0 0
10-65-740 Capital Purchases 0 0 IIIIIIII iii°I 0 0
Sub-Total 14,093 22,473 111111121111111092 18,673 77,400
TRANSFERS
10-90-920 Transfer to CERF-Police Dept 60,000 60,000 Illllll 'iiii 0 60,000
10-90-925 Transfer to RRF 0 0 IIIIIIII ""'I' 0 0
IIIIIIIIIII ������
10-90-930 Transfer to CERF-PublicWorks 0 50,000 iiiuuuuuuuuuuuuuuuuiiiiiiiiiiiii ', g'00tliiiii, 50,000 50,000
10-90-935 Transfer to CAF 200,000 550,000 III I � liiii; 550,000 550,000
10-90-940 Transfer to Debt Service Fund 0 0 iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii 0 0
10-90-950 Transfer to Water Fund 0 0 gj h 0 0
10-90-960 Transfer to CROS 0 326,379 I;I;I "11111; 0 326,379
10-90-970 Transfer to Committed Reserves 0 75,500 1111111k51„;''liiiif 1,170,500 0
Page 4
TOWN OF FRASER 10/31/2021
DRAFT 10/14/2021 2020 2021 2021 2021 2022
Actuals Budget Year to Date YEE Budget
10-90-980 Transfer to Strategic Reserves 0 400,0000( 'iiijd 400,000 0
10-90-995 Salaries Clearing 0 0iiiuuuuuuuuuuuuuuuuuuiiiiiiuuuuuuuuuuuuuuuiiiP P 0 0
10-90-996 FICA Tax Clearing 0 0 iiiuuuuuuuuuuuuuuumiiiiiiiiiuuuuuuuuuuumiiiiiiiiiiiii 0 0
10-90-997 Unemployment Tax Clearing 0 0 III4 0 0
Sub-Total 250,000 1,461,879 1575,500 2,170,500 986,379
FISCAL AGENT
10-95-110 Salaries (8,252) 0 ""'k','I!!!! 0 0
10-95-210 Health Insurance (4,350) 0 iiiuuuuuuuuuuuuuuuuuumiiiuuuuuuuuuuuuuuum„°iiii 0 0
10-95-220 FICA Tax (575) 0 0 0
10-95-230 Retirement (405) 0 ; ; !ii 0 0
10-95-250 Unemployment Tax (25) 011lllllmmiiii(ii 0 0
10-95-260 Workers Comp Claims 0 0 liiiiii mmiiiiil 0 0
10-95-560 Telephone (43) 0 1111111 °I9 0 0
10-95-690 Misc. Payroll Expense 0 0 1111111 "°Ilh 0 0
Sub-Total (13,650) 0 0 0 0
GENERAL FUND EXPENDITURE TOTALS 3,632,068 6,178,730 4,052,325 6,086,685 6,676,946
GENERAL FUND REVENUE TOTALS 7,802,315 6,182,497 8,647,557 9,669,073 8,526,147
GENERAL FUND NEW REVENUE TOTALS 5,746,632 3,667,200 4,475,484 5,497,000 4,937,380
GENERAL FUND EXPENDITURE TOTALS 3,632,068 6,178,730 4,052,325 6,086,685 6,676,946
GENERAL FUND REVENUE OVER EXPENDITURES 4,170,247 3,767 4,595,232 3,582,388 1,849,202
GENERAL FUND EXPENDITURE OVER NEW REVENUES 2,114,564 (2,511,530) 423,159 (589,685) (1,739,566)
GF Restricted Reserves-Tabor Emergency Reserve 110,000 185,500 110,000 185,500 185,500
GF Restricted Reserves-Affordable Housing Reserve 135,426 135,426 135,426 730,426 730,426
GF Restricted Reserves-Fees in Lieu of P&OS Reserve 6,379 0 6,379 6,379 0
GF Committed Emergency Reserve 1,000,000 1,575,500 1,575,500 1,575,500 1,575,500
GF Strategic Reserve 1,100,000 1,500,000 1,500,000 1,500,000 1,500,000
GF Unassigned Fund Balance 4,170,247 3,767 4,595,232 3,582,388 1,849,202
RESTRICTED REVENUE FUND
REVENUE
TAXES
12-31-100 Restricted 1%GF Sales Tax 936,728 6$7,500li,',','III 875,000 800,000
12-31-800 Interest Income 1,257 500 uiiiuuuuuuuuuuuuui uiiiiiiiiiiluiiii 400 400
Sub-Total 937,985 688,000 686,387 875,400 800,400
INTERGOVERNMENTAL
12-33-100 Grants&Aid to Agencies 11,000 11,000 14,000 11,000
Sub-Total 11,000 11,000 2,197 14,000 11,000
OTHER SOURCES AND TRANSFERS
12-36-900 Transfer In from Other Funds 0 0 !!Piii i IIll Ill IIill ill il'l'1 i; 0 0
12-39-999 Unassigned Fund Balance 158,332 38,838 IIIIIII III)))))), 537,577 561,977
Sub-Total 158,332 38,838 537,577
ui
537,577 561,977
RESTRICTED REV FUND "NEW" REVENUES 948,985 699,000 688,584 889,400 811,400
RESTRICTED REV FUND TOTAL REVENUE 1,107,317 737,838 1,226,161 1,426,977 1,373,377
EXPENDITURES
12-40-610 Transportation O&M 518,215 680,000 1111111 Vlii 600,000 714,000
p IIIIIIIIIIIIIII
Page 5
TOWN OF FRASER 10/31/2021
DRAFT 10/14/2021 2020 2021 2021 2021 2022
Actuals Budget Year to Date YEE Budget
12-40-615 Transportation-Capital Exp 0 0 iiiuuuuuuuuuuuuuuumiiiiiiiiiuuuuuuuuuuumiiiiiiii 0 0
12-40-710 Trails O&M 16,525 20,000 ';jIIIIII 20,000 185,000
12-40-715 Trails-Capital Expenditures 35,000 35,000 ii iiiiiiiii iiiii 35,000 30,000
12-40-810 Capital Projects 0 0 uuuu 0 0
12-40-900 Transfer to Trans O&M Reserve 0 0iliiiiii pipiu,iuiui210,000 0
uuuiuuuduuuuiuuuuui IIIIP
12-40-915 Transfer to Trans Cap Reserve 0 0 IIIIIIIIIIIIIIIIII VIII 0 0
12-40-920 Transfer to Trails O&M Reserve 0 0 0 0
12-40-925 Transfer to Trails Cap Reserve 0 0 0 0
12-40-930 Transfer to Cap Proj Reserve 0 0 1111111 °°4 0 0
12-40-940 Transfer to Other Funds 0 0 iiiuuuuuuuuuuuuuuu uuuuuiiiii °°'I 0 0
Sub-Total 569,740 735,000 IIi551,11450 865,000 929,000
RESTRICTED REV FUND REVENUES 1,107,317 737,838 1,226,161 1,426,977 1,373,377
RESTRICTED REV FUND EXPENDITURES 569,740 735,000 551,450 865,000 929,000
RESTRICTED REV FUND REVENUES OVER EXPENDITURES 537,577 2,838 674,711 561,977 444,377
RRF-Committed Emergency Reserve 0 210,000 210,000 210,000 210,000
CONSERVATION TRUST FUND
REVENUE
20-30-100 Cons Trust(Lottery) Proceeds 6,738 6,800 1111111 ; !!„ tiiiiii 7,000 7,000
20-30-800 Interest Earnings 107 75 "' ' I' 75 75
20-30-999 Unassigned Fund Balance 13,762 20,637 1111111illllllll8llllll 20,608 27,683
Sub-Total 20,608 27,512 26,679 27,683 34,758
EXPENDITURES
20-40-410 Bank Charges 0 0 iiiuuuuuuuuuuuuuuuuuuuiiiiuuuuuuuuuuuuuuuiiiuui 0 0
20-40-650 Cons Trust Program Expenses 0 0 ii l; 0 0
20-40-910 Transfer to General Fund 0 0 uuuullllh 0 0
20-40-920 Transfer to Other Funds 0 10,000 1111111 IIIIII 0 10,000
Sub-Total 0 10,000 0 0 10,000
CTF REVENUES OVER EXPENDITURES(Unassigned Bal YE) 20,608 17,512 26,679 27,683 24,758
CAPITAL EQUIP REPLACEMENT FUND
REVENUES
30-30-100 Hwy Use Tax Proceeds 47,218 47,394 I4IIIIII 58,000 48,346
30-30-500 Sale of CERF Assets 0 0 iihuuuuuuuuuuuuuuuumdiiihuuuuuuuuuuuuuuuu uiiii 0 0
30-30-800 Interest Earnings 2,170 2,500 IIIIIIIIIIIIIIIIII 200 200
30-30-900 Transfer from G/F-PoliceDept 60,000 60,000 Illllll l iiii 0 60,000
30-30-910 Transfer from G/F-PublicWork 0 50,000 Iliiuuuuuuuuuuuuuuuuiiiiiiiiiiiiill 'lI 'I'I'I'I'I'- 50,000 50,000
30-30-920 Transfer from Utility Funds 0 90,000 ,, 90,000 90,000
30-30-999 Unassigned Fund Balance 259,267 139,839i ', !!!!!!! 205,695 88,895
Sub-Total 368,655 389,733 386,101 403,895 337,441
EXPENDITURES
30-40-745 Public Safety Fleet Purchase 57,731 60,000 IIIIII 0 60,000
g 0 140,000
30-40-750 Regular Fleet Purchase 6,658 0
30-40-755 Heavy Equipment Purchase (7,925) 200,000 1111111 200,000 450,000
Page 6
TOWN OF FRASER 10/31/2021
DRAFT 10/14/2021 2020 2021 2021 2021 2022
Actuals Budget Year to Date YEE Budget
30-40-810 Lease/Purchase-Principal 92,265 100,000 ;;;;; 100,000 100,000
30-40-820 Lease/Purchase-Interest 14,232 15,000 Iii plg(! 15,000 15,000
30-40-910 Transfer to General Fund 0 0 1111111 °°h 0 0
Sub-Total 162,961 375,000 98,914 315,000 765,000
CERF REVENUES OVER EXPENDITURES(Unassigned Bal YE) 205,695 14,733 287,186 88,895 (427,559)
CAPITAL ASSET FUND
REVENUE
32-30-100 Reserved for Future Use 128,985 80,000 iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii °q 87,000 0
32-30-500 Sale of Capital Assets 0 0 1111111 uiiiil 0 0
32-30-800 Interest Earnings (690) 0 1111111 II, (100) 0
32-30-910 Transfer in from General Fund 200,000 550,000 'II ,GO 'llllll 550,000 550,000
32-30-940 Transfer in from DSF 0 0 ° 0 0
32-30-950 Transfer in from Water Fund 0 0 uiiiii 0 0
32-30-999 Unassigned Fund Balance 299,058 113,179 1111111 I � 13,411111 53,434 134
Sub-Total 627,353 743,179 603,350 690,334 550,134
EXPENDITURES
32-40-810 Capital Proj-Streets Existing 573,919 740,000 liiuuuuuuuuuuuuuuumiiiiiiiiimx �i 660,000 700,000
32-40-815 Capital Proj-Streets New 0 0 illllll 0 600,000
32-40-820 Capital Proj-Buildings Exist 0 0 IIIIIIIII IIII�III2 30,200 0
p
32-40-825 Capital Proj-Buildings New 0 0 0 0
32-40-830 Capital Proj-Parks/OS Exist 0 0 1111111 0 0
32-40-835 Capital Proj-Parks/OS New 0 0 iiiuuuuuu 0 0
32-40-900 Transfer to General Fund 0 0 1111111 Viii; 0 0
32-40-910 Transfer to CAF Res-Streets 0 0 liiiiii !!!9. 0 0
32-40-920 Transfer to CAF Res-Bldgs 0 0 1111111 X1119; 0 0
32-40-930 Transfer to CAF Res-Parks/OS 0 01111111 IIIIII 0 0
Sub-Total 573,919 740,000 111411112,351 690,200 1,300,000
CAF REVENUES OVER EXPENDITURES 53,434 3,179 560,999 134 (749,866)
CAF-Committed Reserves 0 0 0 0 0
COZENS RANCH OPEN SPACE(CROS)FUND
REVENUE
35-30-100 Grants and Awards 0 735,000 1111111 "°IIh 75,000 300,000
35-30-110 In-Kind Services 0 0 1111111IIIIII 0 0
35-30-120 Miscellaneous Revenue 0 0iiiii 0 0
35-30-130 Interest Income 1,529 0 (IIIIIIIIIIIIIIIII 1111111 200 0
35-30-910 Transfer in from General Fund 0 326,379 IIIIIIIIIIIIIIIII 0 326,379
35-30-920 Transfer in from CTF 0 10,000 iiiiil 0 10,000
35-30-999 Carryover Balance 212,233 212,963111111 it % 212,992 275,692
III
Sub-Total 213,762 1,284,342 213,070 288,192 912,071
EXPENDITURES
35-40-300 Design 0 0 Iliiuuuuuuuuuuuuuuumiiiiiiiiiuuuuuumuuuuuuiiiiiilll'l 0 0
35-40-310 Amphitheater 0 0 1111111 0 0
Page 7
TOWN OF FRASER 10/31/2021
DRAFT 10/14/2021 2020 2021 2021 2021 2022
Actuals Budget Year to Date YEE Budget
35-40-315 Bike Park 0 0 liiuuuuuuuuuuuuuuumiiiiiiiiiuuuuuuuuuuumiiiiiii 0 0
35-40-320 Landscape 0 60,000 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII' 0 50,000
35-40-325 Parking 0 O gg 0 0
35-40-330 Playground 0 600,000 II IIIIIIII�IIIIIIII 0 0
35-40-335 Restrooms 770 600,000 u „S 2,500 250,000
35-40-340 Trails 0 O hlliiiluii7ol5! 10,000 0
35-40-345 Utilities 0 OIIIIIII iii°; 0 160,000
35-40-900 Transfer to General Fund 0 0 iiiuuuuuuuuuuuuuuuuuuuuuu uuuuuuuii °°'I 0 0
Sub-Total 770 1,260,000 11510 12,500 460,000
CROS FUND REVENUES 213,762 1,284,342 213,070 288,192 912,071
CROS FUND EXPENDITURES 770 1,260,000 7,510 12,500 460,000
CROS FUND REVENUES OVER EXPENDITURES 212,992 24,342 205,560 275,692 452,071
DEBT SERVICE FUND
REVENUE
40-30-100 Property Tax 0 0 iiiuuuuuuuuuuuuuuuuliiiiiiiiiuuuuuuuuuuuuuliiiiii",!!!¢ 0 0
40-30-200 Specific Ownership Tax 0 0 ° 0 0
40-30-500 Bond Proceeds 0 0 uiiii 0 0
40-30-800 Interest Earnings 254 11000 100 100
40-30-910 Transfer in from General Fund 0 0 liillll "°19 0 0
40-30-990 Transfer in from DSF Reserves 0 0 iiuuuuuuuuuuuuuuumiiiiiiiiiuuuuuuululuuuuumiiii iiiii 0 0
40-30-999 Carryover Balance 1,573 2,573 111111NIIIII 1 827 1,927
Sub-Total 1,827 3,573 1,840 1,927 2,027
EXPENDITURES
40-40-385 Treasurer's Fees GO Bond 0 0llllh 0 0
40-40-390 Abatements-GO Bond 0 0 iiiuuuuuuuuuuuuuuuuuudiiiiuuuuuuuuuuuuuuudi !!!!! 0 0
40-40-500 Cost of Issuance 0 0liiiu uuuuiiilllllh 0 0
40-40-550 Underwriters Discount 0 0 iimuuuuuuuuuuuuuuumiiilililiuuuuuuuuuuuuuiiiiiiilllll 0 0
.
40-40-810 Bond Principal-02 S&U Issue 0 0 !li hum, 0 0
40-40-811 Bond Principal-98 GO Issue 0 0 °°°°°°°°°°°°°°°°°°;;;;;;°°°°°;;°°°°°°°;;;;;;; VIII 0 0
40-40-812 Bond Principal-98 S&U Issue 0 0 °°°°I °°°°°°°°o!!!! 0 0
40-40-820 Bond Interest-02 S&U Issue 0 0 IIIIIIII IIII6 0 0
40-40-821 Bond Interest-98 GO Issue 0 0 !!' iiii 0 0
40-40-822 Bond Interest-98 S&U Issue 0 0 0 0
40-40-850 Bond Agent Fees 0 0 111111 0 0
40-40-910 Transfer to DSF Reserves 0 0 ii iiiiiiiii iiiiiiii 0 0
40-40-920 Transfer to Other Funds 0 0 uiiiuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuliiiiiiiiiiii °°'I 0 0
Sub-Total 0 0 0 0 0
DEBT SERVICE REVENUES 1,827 3,573 1,840 1,927 2,027
DEBT SERVICE EXPENDITURES 0 0 0 0 0
DEBT SERVICE REVENUES OVER EXPENDITURES 1,827 3,573 1,840 1,927 2,027
Debt Service Fund Restricted Reserves 0 0 0 0 0
Debt Service Fund Committed Reserves 35,520 40,411 35,533 35,620 35,720
Page 8
TOWN OF FRASER 10/31/2021
DRAFT 10/14/2021 2020 2021 2021 2021 2022
Actuals Budget Year to Date YEE Budget
WATER FUND
REVENUES
TAXES
50-31-100 Property Tax 0 0 VIII iiii 0 0
50-31-200 Fraser Firming Revenue 0 0 iiiuuuuuuuuuuuuuuuuuuiiiiiuuuuiuuuuuuuuuuuii °°'I 0 0
Sub-Total 0 0 0 0 0
LICENSES&PERMITS
50-32-100 Excavation Permit Fees 2,250 275 !,, 3,000 275
Sub-Total 2,250 275 2,200 3,000 275
CHARGES FOR SERVICES
50-34-100 Customer Service Charges 1,073,290 1,100,000 1111111 i 'y'! 1,025,000 1,093,075
50-34-150 Penalties&Interest 4,227 2,000 1111111 6, ! 4,500 5,000
50-34-200 Plant Investment Fees 182,389 7,700 !""" 425,000 154,000
50-34-250 BPR Plant Investment Fees 0 0 9; 0 0
50-34-300 Water Meter Sales 32,084 50,000 95,000 50,000
Sub-Total 1,291,990 1,159,700 1,350,807 1,549,500 1,302,075
MISCELLANEOUS REVENUE y'
50-36-100 Interest Earnings 9,341 6,000 iiiiili 3,000 3,000
50-36-900 Miscellaneous Revenue 3,844 2,5003,000 2,500
m°, ' I
Sub-Total 13,185 8,500 3,311 6,000 5,500
OTHER SOURCES&TRANSFERS
50-39-100 Debt Service Proceeds 0 0 uu °I 0 0
50-39-200 Grants and Aid from Agencies 0 0 0 0
50-39-910 Transfers In 0 0 Iiiiiii P 0 0
50-39-999 Unassigned Fund Balance 654,680 764,124 """' 781,538 1,196,293
Sub-Total 654,680 764,124 781,538 781,538 1,196,293
New Revenues 1,307,425 1,168,475 1,356,318 1,558,500 1,307,850
Total Revenue with Carryover 1,962,104 1,932,599 2,137,856 2,340,038 2,504,143
EXPENDITURES
1
50-40-110 Salaries 284,349 310,000 �� 310,000 337,736
50-40-210 Health Insurance 67,048 80,000 I'I'Iuuill 80,000 81,878
50-40-220 FICA Tax 20,027 25,000 liiiuuillllllll mi , ' 23,715 25,837
50-40-230 Retirement 14,501 15,000 1 IDtily1110 !jj 18,600 19,959
50-40-250 Unemployment Tax 849 1,000IIIIIIIJJJJJf 930 1,013
50-40-260 Workers Comp Claims 0 0 1111111 °i°I 0 0
50-40-280 Training Programs 2,884 3,500hI ,,,,;; 3,500 3,500
50-40-290 Travel, Meals and Lodging 295 3,500 ,E 3,500 3,500
50-40-295 Meals and Entertainment 6 2,000 'u uiiiiii P°1I 2,000 2,000
50-40-300 Administrative Reimbursement 0 0 '' iiiii 0 0
50-40-310 Legal Fees 77,298 65,000 iiiuuuuuuuuuuuuuu°°°uuiillui�I "J3111111' 65,000 65,000
50-40-330 Engineering Fees 46,427 100,000 IliiuuuuuuuuuuuuuuuuiiiiiiiiiiuillIIIIIIIIIIiiii 100,000 90,000
50-40-360 Computers-Networks and Support 12,243 7 000 25,000 25,000
50-40-370 Other Professional Services 8,613 60,000 I' � ! 10,000 105,000
50-40-385 Treasurer's Fees 0 0 III0 0
50-40-390 Abatements 0 0 !!; 0 0
50-40-410 Bank Charges 0 0 lui llllh 0 0
50-40-430 Insurance 14,422 27,000
27,000 27,000
50-40-440 Advertising 0 500 500 500
„
y p 66,5'0liiiii 35,000 245,000
50-40-460 System Repair and Maint-Prod 65,506 160,000 �;
50-40-465 System Repair and Maint-Dist 21,580 265,000 1111111 i' 'i'I 25,000 162,000
Page 9
TOWN OF FRASER 10/31/2021
DRAFT 10/14/2021 2020 2021 2021 2021 2022
Actuals Budget Year to Date YEE Budget
50-40-490 Professional Memberships 5,814 9,500 ' 9,500 9,500
50-40-500 Operating Supplies-Production 15,589 25,000 iiuuuuuuuuuuuuuuuuuuiiiiiulJ" 8 'iiii; 25,000 35,000
50-40-505 Operating Supplies-Distrib 38,954 80,000 „ ; 45,000 45,000
50-40-510 Equipment Purchase and Repair 541 15,000 q; 5,000 5,000
50-40-520 Testing 17,970 10,000 iRmlmiioiiiiu 10,000 10,000
50-40-550 Postage&Billing Supplies 1,649 3,000 1111111 ' iii% 3,000 3,000
50-40-560 Utilities-Telephone 11,298 10,0001111111 10,000 12,000
50-40-562 Utilities-Electricity 40,979 50,000 50,000 50,000
°° uui
50-40-670 Prop Mgmt Fraser WTP 1087 60000 m 5,000 60,000
50-40-680 Prop Mgmt-Maryvale WTP 8,927 8,000 „ 5,000 5,000
50-40-685 Prop Mgmt-St. Louis Headgate 0 0 0 0
50-40-690 Miscellaneous Expense 1,218 1,500 Ujlylllllll 1,000 1,500
50-40-695 Bad Debt Write Off 0 0VIII °°I 0 0
IIIIIIIIIIII
50-40-715 Water Rights-Diversion&Dev 3,908 45,000 12,000 65,000 VIII �'llllllllllll�lll'llllllllllll
50-40-730 Capital Projects 0 425,000 0 805,000
50-40-740 Capital Purchases 00 IIIIIIIIIIIIIIIIIII 0 0
um
50-40-760 Fraser Firming-CapProj 0 0 III III;I 0 0
50-40-770 PIF-Capital Purchases 0 0 1111111 iiiii, 0 0
50-40-780 Capitalized Assets-Audit 0 0 l; 0 0
50-40-790 Depreciation 396,586 0 VIII 0 0
50-40-810 Debt Service-Principal 0 0 III 0 0
50-40-820 Debt Service-Interest 0 0 ii uuuu"Illlh 0 0
50-40-850 Debt Service-Agent Fees 0 0 "Illlh 0 0
50-40-910 Transfer to General Fund 0 0 liiiu uuuuuii uiiii 0 0
50-40-930 Transfer to CERF 0 45,0001111111 VIII gl0'iiiiC 45,000 45,000
IIIIIIIIIIIIIIIII I��ill�iiuuuuuuuuuuuuu
50-40-970 Transfer to Reserves 0 0 150,000 77,000
50-40-980 Transfer to Strategic Reserves 0 7,700 "f9'0!Oiiiiil 38,500 77,000
50-40-990 Transfer to Wastewater Fund 0 0 IIID Doul 0 0
Sub-Total 1,180,566 1,919,200 612,635 1,143,745 2,499,923
WATER FUND REVENUES 1,962,104 1,932,599 2,137,856 2,340,038 2,504,143
WATER FUND EXPENDITURES 1,180,566 1,919,200 612,635 1,143,745 2,499,923
WATER FUND REVENUES OVER EXPENDITURES 781,538 13,399 1,525,221 1,196,293 4,220
Water Fund Committed Reserve 500,000 500,000 500,000 650,000 727,000
Water Fund Strategic Reserve 155,525 194,025 194,025 194,025 271,025
Water Fund Unassigned Reserve 781,538 13,399 1,525,221 1,196,293 4,220
WASTEWATER FUND
REVENUES
TAXES 0 0 0 0
Property Tax 0 0 uuuum mllil! 0 0
Specific Ownership Tax 0 0 Illlllll iii°I 0 0
Sub-Total 0 0 0 0 0
LICENSES&PERMITS
55-32-100 Excavation Permit Fees 0 0 1111111iiiiii 0 0
Sub-Total 0 0 0 0 0
CHARGES FOR SERVICES
55-34-100 Customer Service Charges 860,950 990,000 III III -VldVllllll 990,000 982,702
�uu uuuuuuuuuuul
55-34-150 Penalties&Interest 3,820 1,000 „IIIIIIIIIIIII 5,000 3,000
I �ullul l 11111'
55-34-200 Plant Investment Fees 180,000 300,000 lililillluuuullllll�l� 754,000 150,000
55-34-999 Contributed Assets 0 0 1111111 0 0
Page 10
TOWN OF FRASER 10/31/2021
DRAFT 10/14/2021 2020 2021 2021 2021 2022
Actuals Budget Year to Date YEE Budget
Sub-Total 1,044,769 1,291,000 1,410,634 1,749,000 1,135,702
MISCELLANEOUS REVENUE
mjjjjjuuuuul�l� iiiii; 10,000 10,000
55-36-100 Interest Earnings 50,972 18 500 ijp������������
55-36-500 JFF Management Fee 29,000 29,000 29,000 37,800
55-36-900 Miscellaneous Revenue 0 0III4 0 0
Sub-Total 79,972 47,500 16,356 39,000 47,800
OTHER SOURCES&TRANSFERS
55-39-100 Debt Service Proceeds 0 0 ° °iiiii 0 0
55-39-200 Grants and Aid from Agencies 0 0 1111111 III uiiiii 0 0
55-39-910 Transfer in from General Fund 0 0 1111111 "!!!!4 0 0
55-39-920 Transfer in from WWF Committed Res JFF Plant R 0 0 1111111liiiiii 0 0
55-39-999 Unassigned Fund Balance 4,867,989 2,953,351 1111111II171IIIIIIIII 4,726,399 4,685,961
Sub-Total 4,867,989 2,953,351 4,726,399 4,726,399 4,685,961
New Revenues 1,124,741 1,338,500 1,426,990 1,788,000 1,183,502
Total Revenues with Carryover 5,992,731 4,291,851 6,153,389 6,514,399 5,869,463
EXPENDITURES
55-40-110 Salaries 287,334 325,000325,000 365,055
55-40-210 Health Insurance 66,911 83,000 iiiii 83,000 87,908
55-40-220 FICA Tax 20,149 27,000 1111111 ' '311 '„'„', 24,863 27,927
55-40-230 Retirement 13,782 17,000111 , 111111 19,500 20,890
55-40-250 Unemployment Tax 852 1,000 "" """""'° 975 1,095
881
55-40-260 Workers Comp Claims 0 0 0 0
55-40-280 Training Programs 700 3,000 ' 3,000 3,000
55-40-290 Travel, Meals and Lodging 0 3,000 111111 °o'I 3,000 3,000
55-40-295 Meals and Entertainment 0 III2,000 '..................... 2,000 2,000
55-40-310 Legal Fees 0 5 000 VIII !I 5,000 5,000
55-40-330 Engineering Fees 82,690
'000
55-40-360 Computers-Networks and Support 9,290 207,000 'II S„ °1 �����1 20,000 85,000
18,000 15,000
55-40-370 Other Professional Services 8,577 15,0006,000 45,000
55-40-410 Bank Charges 0 100 III 100 100
IIIIIIII Illlllllllllllllllllllllllllllli
55-40-430 Insurance 9,027 7,000 111111 (IIIIIIIIIIIIIIII,,,,,,,IIIIIIII iiii6 7,000 10,000
55-40-440 Advertising 0 500 Ilhuuuulllllllllllll llllj, 500 500
55-40-460 System Repair and Maint-Collec 66,307 150,000 IIIyi' IIIIIII 150,000 150,000
55-40-490 Professional Memberships 5,252 6,000 iiiuuuuum iVIIIIIII 6,000 6,000
55-40-500 Operating Supplies-Collections 698 5,500 µ��,,,''iiiii 5,500 5,500
55-40-510 Equipment Purchase and Repair 39 50,000 liiiuuuuuuuuuuuuuuuuuuiiiiiiuuuuuuuuuuuuuuiiiiiIIR; 2,500 55,000
55-40-520 Testing 0 1,0001111111111111111111 F"'I 1,000 1,000
55-40-550 Postage&Billing Supplies 1,649 2,500 IIIIII 2,500 2,500
55-40-560 Utilities-Telephone 3,256 2,000 III � 12iiiii 5,000 5,000
55-40-650 WW Treatment Charges/JFOC 228,471 290,000 iipuuuuuul Ili , ; ("!!p, 290,000 325,000
55-40-660 JFF CapRepl Reserve 0 0 iiiuuuuuuuuuuuuuuuuuumiiluumuuuuuuuuuuuuu „iiiii 0 0
55-40-670 JFF 0&M Reserve 0 0 0 0
55-40-690 Miscellaneous Expense 1,038 3,000 P"' """"""'11 ;;; 3,000 3,000
55-40-695 Bad Debt Write Off 0 0 1111111 0 0
55-40-730 Capital Projects 14,082 250,000 0 70,000
55-40-740 Capital Purchases 00 llll 0 0
55-40-760 PIF-Capital Projects 0 0 iiiuuuuuuuuuuuuuuuuuuiiiiiiuuuuuuuuuuuuuuiiiii 0 0
55-40-770 PIF-Capital Purchases 0 0 iiiuuuuuuuuuuuuuuuuuuiiiiiiuuuuuuuuuuuuuuiiiiillll4 0 0
55-40-780 Capitalized Assets-Audit 0 0 111111 0 0
55-40-790 Depreciation 446,229 0 1111111 "11116 0 0
55-40-810 Debt Service-Principal 0 0 1111111 (11111 0 0
55-40-820 Debt Service-Interest 0 0 "11116 0 0
55-40-850 Debt Service-Agent Fees 0 0 1111111 0 0
Page 11
TOWN OF FRASER 10/31/2021
DRAFT 10/14/2021 2020 2021 2021 2021 2022
Actuals Budget Year to Date YEE Budget
55-40-910 Transfer to General Fund 0 0 !!!!! 0 0
55-40-930 Transfer to CERF 0 45,0001 , 45,000 45,000
55-40-970 Transfer to Reserves 0 0 iuuuuuuuuuuuuuuuuuuq„,,,,uuuuuuuuuuuumiiiiil 0 50,000
55-40-980 Transfer to Strategic Reserves 0 800,000 800,000 0
55-40-990 Transfer to Water Fund 0 0 IIII4 0 0
Sub-Total 1,256,332 2,120,600 1371,577 1,828,438 1,389,475
WASTEWATER FUND REVENUES 5,992,731 4,291,851 6,153,389 6,514,399 5,869,463
WASTEWATER FUND EXPENDITURES 1,266,332 2,120,600 1,371,677 1,828,438 1,389,475
WASTEWATER FUND REVENUES OVER EXPENDITURES 4,726,399 2,171,251 4,781,712 4,685,961 4,479,988
WWF Committed Emergency Reserves 2,101,000 2,101,000 2,101,000 2,101,000 2,151,000
WWF Strategic Reserves 1,255,000 2,055,000 2,055,000 2,055,000 2,055,000
Wastewater Fund Unassigned Fund Balance 4,726,399 2,171,251 4,781,712 4,685,961 4,479,988
FRASER HOUSING AUTHORITY
REVENUES
60-30-100 Reserved for Future Use 0 0 !!!!! 0 0
60-30-200 Grants 0 0 1111111 0 0
60-30-400 Application Fees 0 0 VIII 0 0
60-30-800 Interest Earnings 0 0 iii0 0
60-30-900 Miscellaneous Revenue 0 0 1111111 uuuuuuui iiiiill 0 0
60-30-910 Transfer in from General Fund 0 0 ” 0 0
60-30-999 Unassigned Fund Balance 0 0 Illlllll oiiiii 0 0
Sub-Total 0 0 0 0 0
EXPENDITURES
60-40-310 Legal Fees 0 0 Ilii iiiii °i°I 0 0
60-40-370 Professional Services 0 0 liiiiii VIII, 0 0
60-40-430 Insurance 0 0 IIIiufi 0 0
III .
60-40-900 Transfer to General Fund 0 0 1111111 0 0
Sub-Total 0 0 0 0 0
FHA REVENUES OVER EXPENDITURES 0 0 0 0 0
FHA Committed Reserves 0 0 0 0 0
Page 12
2022 Capital Expenditures - DRAFT
Fund GL Account JAmount IDetail
General Fund
Community Housing 10-41-874 750,000.00 Fraser Deed Restriction Program/Affordable Housing Initiatives
Capital Equipment Replacement Fund
Public Safety Fleet Purchase 30-40-745 60,000.00 Police Vehicle
Regular Fleet Purchase 30-40-750 140,000.00 Public Works O&M work truck$50k and Utilities work truck$90k
Heavy Equipment Purchase 30-40-755 450,000.00 Replace Loader with a CAT$300k and a Haul truck$150k
Bobcat Toolcat Bobcat Steer Loader,Dodge Ram 5500,Freightliner
Lease/Purchase-Principal 30-40-810 100,000.00 Truck
Bobcat Toolcat Bobcat Steer Loader,Dodge Ram 5500,Freightliner
Lease/Purchase-Interest 30-40-820 15,000.00 Truck
sub total i 765,000.00
Capital Asset Fund
sections/sidewalks$100k,Rebuild Ingleman Stand hammer head
Streets Existing 32-40-810 700,000.00 $100k
Streets New 32-40-815 600,000.00 Whistless Crossing-Eisenhower
sub total 1,300,000.00
Cozens Ranch Open Space(CROS)Fund
Landscape 35-40-320 50,000.00 Area between the ponds and Ike
Restrooms 35-40-335 250,000.00 Restroom construction
Utilities 35-40-345 160,000.00 Intsall water and sewer lines for the restrooms
sub total 460,000.00
Water Fund
Northwest treatment plant/Soda ash hopper$70k,well cleaning-2
Fraser System$75k,•Mary's Pond augumentation$50k,•Normal
System Repair and Maintenance-Production 50-40-460 245,000.00 operations$50k
Valve repairs$25k,Fire hydrant repairs$40k,Blowoffs repairs(6)
$10k,•Service line incentive program$25k;meter testing/replacement
System Repair and Maintenance-Distribution 50-40-465 162,000.00 $12k,•Normal operations$50k
Water main replacement-Byers Ave$300k,•Quail loop&valves$50k,•
Capital Projects 50-40-730 805,000.00 Ptarmigan blow offs$255k PRVs Fraser/Maryvale(2)$200k
sub total 1 1 1,212,000.00
Wastewater Fund
Sewer system jet video,point repairs$85k,Service line incentive
System Repair and Maintenance-Collection 55-40-460 150,000.00 program$25k,•Normal operations$40k
Capital Projects 55-40-730 70,000.00 Sewer system line/Man hole replacement-design work/engineer
sub total 220,000.00
Total 2027 Proposed Capital Expenditures 4,707,000.00
FRASER BOARD OF TRUSTEES
MINUTES
DATE: October 6, 2021
MEETING: Board of Trustees Regular Meeting and Fraser Housing Authority
PLACE: Fraser Town Hall Board Room and Virtually
PRESENT
Board: Mayor Pro-Tem Eileen Waldow; Trustees; Andy Miller, Brian Cerkvenik,
Katie Soles, Parnell Quinn (arrived at 6:07 pm) and Kaydee Fisher
(arrived at 6:05 pm)
Staff: Town Manager, Ed Cannon; Town Clerk, Antoinette McVeigh; Marketing
and Economic Development Manager, Sarah Wieck; Town Planner,
Catherine Trotter; Finance Manager, Beth Williams; General Accountant
Becky Allison, Police Officer Murdock
Others: none
Mayor Pro-Tem Waldow called the meeting to order at 6:00 p.m.
1. Rollcall: Mayor Pro-Tem Eileen Waldow; Trustees; Andy Miller, Brian Cerkvenik, Katie
Soles
2. Approval of Agenda:
Trustee Soles moved, and Trustee Miller seconded the motion to approve the agenda.
Motion carried: 4-0
3. Consent Agenda:
a) Minutes September 16, 2021
Trustee Miller moved, and Trustee Soles seconded the motion to approve the consent
agenda. Motion carried: 4-0.
4. Discussion and Possible Action Regarding_
a) Fraser Mural Festival Update
Steve Fitzgerald, Public Arts Committee (PAC) chair updated the Board. The Fraser
Mural Festival made over $10,000. Plein Air and October Fest events were also very
successful. The PAC is planning a winter event, details to come.
b) Preliminary 2022 Budget Presentation
Town Manager Ed Cannon presented the 2022 Preliminary Budget to the Board. There
will be a budget workshop at the October 20 meeting and the budget hearing is
scheduled for November 17. Budget adoption is scheduled for December 1 with a
continuation date of December 15 if needed.
Page 2 of 3
C) 2021-10-01 Appropriating Additional Sums of Money for the Joint Facilities Fund
Trustee Soles moved, and Trustee Cerkvenik seconded the motion to approve 2021-10-
01 Appropriating Additional Sums of Money for the Joint Facilities Fund. Motion carried:
6-0.
d) Resolution 2021-10-02 Approving Land Acquisition Policy
Trustee Cerkvenik moved, and Trustee Soles Trustee moved, and Trustee seconded the
motion to approve Resolution 2021-10-02 Approving Land Acquisition Policy. Motion
carried: 6-0.
e) Resolution 2021-10-03 MOU Grand County Drought Preparedness Plan
Trustee Soles moved, and Trustee Cerkvenik seconded the motion to approve
Resolution 2021-10-03 MOU Grand County Drought Management Plan. Motion carried:
5-1, Nay Waldow.
Trustee Miller moved, and Trustee Cerkvenik seconded the motion to suspend the
Board of Trustees meeting and open the Housing Authority Meeting. Motion
carried: 6-0.
5. Housing Authority:
a) Minutes July 7, 2021
Trustee Soles moved, and Trustee Quinn seconded the motion to approve the Minutes
from July 7, 2021. Motion carried: 6-0.
b) Executive Session
For the purpose of determining positions relative to matters that may be subject to
negotiations, developing strategy for negotiations, and/or instructing negotiators, under
C.R.S. Section 24-6-402(4)(e). To discuss the purchase, acquisition, lease, transfer, or
sale of real, personal, or other property interest under C.R.S. Section 26-6-402(4)(a).
Regarding Property Acquisition. Including Town Attorney Kent Whitmer, Sean Lemieux,
Town Manager Ed Cannon, Town Clerk Antoinette McVeigh, Financial Manager Beth
Williams, General Accountant Becky Allison and Marketing and Communications
Director Sarah Weick
Trustee Quinn moved, and Trustee Cerkvenik seconded the motion to open the
Executive Session, Motion carried: 6-0, Trustee Cerkvenik amended the motion to
include Council Rod McGowan, Trustee Miller approved, Trustee Soles seconded
Motion carried 6-0. at 7:05 p.m.
Trustee Miller moved, and Trustee Quinn seconded the motion to close the Executive
Session. Motion carried: 6-0 at 7:20 p.m.
Trustee Miller moved, and Trustee Quinn seconded the motion to close the Housing
Authority Meeting and continue the Board of Trustees meeting. Motion carried: 6-0.
6. Open Forum:
Page 3 of 3
a) none
7. Updates
a) Update, Town Clerk McVeigh updated the Board regarding Tobacco, Liquor and
Marijuana Excise taxes.
b) Trustee Cerkvenik attended the TPR meeting with Town Manager Ed Cannon to
discuss the priorities and discuss the widening of HWY 40 to four lanes from Tabernash
to Winter Park.
c) Trustee Miller learned about the Snowmass Housing Policy at CML.
8. Executive Session:
For a conference with the Town Attorney for the purpose of receiving legal advice on
specific legal questions under C.R.S. Section 24-6-402(4)(b) and For the purpose of
determining positions relative to matters that may be subject to negotiations, developing
strategy for negotiations, and/or instructing negotiators, under C.R.S. Section 24-6-
402(4)(e). Regarding litigation. Including Town Attorney Kent Whitmer, Sean Lemieux
Council Rod McGowan, Town Manager Ed Cannon, Town Clerk Antoinette McVeigh,
Financial Manager Beth Williams, General Accountant Becky Allison and Marketing and
Communications Director Sarah Weick and Town Planner Catherine Trotter
Trustee Cerkvenik moved, and Trustee Soles seconded the motion to open the
Executive Session. Motion carried: 6-0 at 7:40 p.m.
Trustee Miller moved, and Trustee Soles seconded the motion to close the Executive
Session. Motion carried: 6-0 at 8:28 p.m.
Attorney's Opinion Required by C.R.S. 24-6-402(2)(d.5)(II)(B). As the attorney
representing the Town of Fraser, I am of the opinion that the entire executive session,
which was not recorded, constituted a privileged attorney-client communication.
Kent Whitmer, Town Attorney
9. Adjourn:
Trustee Soles moved, and Trustee Cerkvenik seconded the motion to adjourn. Motion
carried: 6-0. Meeting adjourned at 8:29 p.m.
Antoinette McVeigh, Town Clerk
MEMORANDUM OF UNDERSTANDING
HOUSING COLLABORATION BETWEEN THE TOWNS OF WINTER PARK AND FRASER
THIS MEMORANDUM OF UNDERSTANDING is entered into as of the Effective Date defined
below by and between the Towns of Fraser and Winter Park, each a "Party" and together, the
"Parties."
RECITALS
A. The provisions of Section 18 of Article XIV of the Colorado Constitution and C.R.S. § 29-
1-203 allow Colorado local governments to cooperate or contract with one another to provide any
function, service or facility lawfully authorized to each local government;
B. Pursuant to C.R.S. § 29-1-204.5, any combination of home rule or statutory cities,towns,
counties, and cities and counties of this state may, by contract with each other, establish a separate
governmental entity to be known as a multijurisdictional housing authority;
C. Recognizing that the Towns of Winter Park and Fraser and portions of the Fraser River
Valley are integrated through a mobile workforce serving multiple employers, institutions and interests,
and acknowledging the benefits of working together to address the challenges facing residents,
employers and local governments, the Towns desire to work together to pursue the creation of a
regional housing authority intended to facilitate public private partnerships that result in the
construction of deed-restricted workforce housing projects and the management thereof;
D. According to the most recent Housing Needs Assessments conducted in the Towns of
Winter Park (2015) and Fraser (2016), approximately 413 units of housing were needed to house the
Fraser Valley workforce in 2020;
E. Since those assessments, housing pressures have increased dramatically, and neither
community has been able to reach its goals for workforce housing provision separately;
F. The Mountain Migration Study found that about 10% of part time homeowners are
planning to work remotely more often, thereby convert their part time residences to full time
residences, which will have a larger impact on the number of housing units available to the local
workforce;
G. Additionally, the recent The Mountain Migration Study captured how the COVID-19
pandemic has caused additional stress on available housing stock and increased competition with a
typically better-paid remote work force, further stressing housing affordability and availability for the
local workforce;
H. At the time of the Mountain Migration Study only 10 homes in Grand County were on
the market for a sale price of less than a million dollars, and one local buyer reported being outbid by a
cash offer$250,000 over the asking price of the home; and
I. Given these circumstances, the Towns desire to work together in an effort to
comprehensively address the workforce housing shortage and to explore the formation of a
multijurisdictional housing authority.
NOW THEREFORE,the Parties agree to work together in good faith to accomplish the following
goals:
1. Establish an informal working group consisting of Town Managers, Assistant Town
Managers, and other interested parties and/or experts as determined by Town Managers (the "Working
Group").The Working Group will meet and collaborate as needed.
2. The Working Group will investigate possible funding sources, geographical
boundaries, and governing structures to create a multijurisdictional housing authority with the goals of
acquiring future housing sites and pursuing public-private partnerships to develop deed-restricted
workforce housing in and for the region. More specifically, the Working Group will:
a. Conduct an initial housing study to better define shared housing needs, funding
strategies, and explore feasibility for possible geographic boundaries of a regional housing
authority to match needs and possible funding sources.
b. Engage legal counsel to pursue ballot language and consult on timeline for ballot
questions needed for the formation of a regional housing authority.
C. Engage a consultant to guide the group process and timing for managing a housing
needs assessment, ballot language, and founding documents for a regional housing authority.
d. Pursue grant funding through joint applications, including a Department of Local Affairs
planning grant due in November.
3. The Parties agree to reserve in their respective 2021-2022 budgets in the amount
of$75,000 each to pay for professional consultation services with experience in the formation of
regional housing authorities to guide the Working Group, to conduct a housing needs assessment, and
to engage legal counsel as needed to pursue ballot language and prepare founding documents for a
regional housing authority.The funds so reserved shall be spent according to each Town's established
procurement procedures.
4. The Parties intend to share costs associated with the tasks identified herein equitably.
Should future interested parties wish to formally join the Working Group, it must be done so with the
written agreement of both Parties. The Working Group, if expended, shall collaborate to evaluate
equitable and agreeable ways to allocate future start-up costs among all Working Group members.
IN WITNESS WHEREOF, the Parties have entered into this THIS MEMORANDUM OF
UNDERSTANDING as of this day of 2021 (the "Effective
Date").
TOWN OF WINTER PARK,
COLORADO
Nick Kutrumbos, Mayor
ATTEST:
Danielle Jardee,Town Clerk
TOWN OF FRASER, COLORADO
ATTEST: Eileen Waldow, Mayor Pro-Tem
Town Clerk
TOWN OF FRASER
RESOLUTION 2021-10-04
A RESOLUTION AUTHORIZING THE TOWN MANAGER TO APPROVE EXPENDITURES AS
IDENTIFIED IN THE MEMORANDUM OF UNDERSTANDING ON HOUSING
COLLABORATION BETWEEN THE TOWNS OF FRASER AND WINTER PARK APPROVED
ON OCTOBER 20, 2021
BE IT HEREBY RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER,
COLORADO THAT:
1. The Town Manager is hereby authorized to approve expenditures up to the total amount
of$75,000 from the Town of Fraser Community Housing account for costs identified in
the Memorandum of Understanding on Housing Collaboration between the Towns of
Fraser and Winter Park.
READ, PASSED ON ROLL CALL VOTE, AND ADOPTED BY THE BOARD OF TRUSTEES
THIS 20th DAY OF OCTOBER, 2021.
Votes in favor: BOARD TRUSTEES OF THE
Votes opposed: TOWN OF FRASER, COLORADO
Absent:
Abstained: BY:
Mayor Pro-Tem
ATTEST:
(S E A L)
Town Clerk
COLORADO OPIOIDS SETTLEMENT MEMORANDUM OF UNDERSTANDING
("MOU")
Thursday, August 26, 2021
August 25, 2021 Attorney General version
A. Definitions
As used in this MOU:
1. "Approved Purpose(s)" shall mean forward-looking strategies, programming, and
services to abate the opioid epidemic as identified by the terms of any Settlement.
If a Settlement is silent on Approved Purpose(s), then Approved Purpose(s) shall
mean those forward-looking strategies to abate the opioid epidemic identified in
Exhibit A or any supplemental forward-looking abatement strategies added to
Exhibit A by the Abatement Council. Consistent with the terms of any
Settlement, "Approved Purposes" shall also include the reasonable administrative
costs associated with overseeing and administering Opioid Funds from each of the
four(4) Shares described in Section (13)(2). Reimbursement by the State or Local
Governments for past expenses are not Approved Purpose(s). "Approved
Purposes" shall include attorneys' fees and expenses incurred in the course of the
opioid litigation that are paid through the process discussed below.
2. "County Area" shall mean a county in the State of Colorado plus the Local
Governments, or portion of any Local Government, within that county.
3. "Effective Date" shall mean the date on which a court of competent jurisdiction,
including any bankruptcy court, enters the first Settlement by order or consent
decree. The Parties anticipate that more than one Settlement will be administered
according to the terms of this MOU, but that the first entered Settlement will
trigger the formation of the Abatement Council in Section (C) and the Regional
Councils in Section (F)(5).1
4. "General Abatement Fund Council," or"Abatement Council," shall have the
meaning described in Section (C), below.
1 For the avoidance of doubt,the McKinsey Settlement and any other Settlement that precedes the finalization of
drafting this MOU are not considered a trigger for purposes of the calculation of"Effective Date."
1
5. "Local Government(s)" shall mean all counties in the State of Colorado and the
municipalities, towns, and county and city municipal corporations that are listed
in Exhibit B.
6. "National Opioid Settlement Administrative Fund" shall mean any fund identified
by a Settlement for the national distribution of Opioid Funds.
7. "Opioid Funds" shall mean damage awards obtained through a Settlement.
8. "Opioid Settling Defendant" shall mean any person or entity, or its affiliates, that
engages in or has engaged in the manufacture, marketing, promotion, distribution,
or dispensing of licit opioids.
9. "Participating Local Government(s)" shall mean all Local Governments that sign
this MOU, and if required under terms of a particular Settlement, who have
executed a release of claims with the Opioid Settlement Defendant(s). For the
avoidance of doubt, a Local Government must sign this MOU to become a
"Participating Local Government." Local Governments may designate the
appropriate individual from their entity to sign the MOU.
10. "Party" or "Parties" shall mean the State and/or Participating Local
Government(s).
11. "Qualified Settlement Fund Account," or"QSF Account," shall mean an account
set up as a qualified settlement fund, 468b fund, as authorized by Treasury
Regulations 1.46813-1(c) (26 CFR §1.468B-1).
12. "Regional Council" shall have the meaning described in Section (17)(5), below.
13. "Settlement" shall mean the negotiated resolution of legal or equitable claims
against an Opioid Settling Defendant when that resolution has been jointly
entered into by the State and the Participating Local Governments, or by any
individual Party or collection of Parties that opt to subject their Settlement to this
MOU. Unless otherwise directed by an order from a United States Bankruptcy
Court, "Settlement" shall also include distributions from any liquidation under
Chapter 7 of the United States Bankruptcy Code or confirmed plan under Chapter
11 of the United States Bankruptcy Code that treats the claims of the State and
Local Governments against an Opioid Settling Defendant.
14. "The State" shall mean the State of Colorado acting through its Attorney General
and the Colorado Department of Law.
B. Allocation of Settlement Proceeds
1. All Opioid Funds shall be held in accordance with the terms of any Settlement. If
a Settlement allows Opioid Funds to be held in a National Opioid Settlement
Administrative Fund, then Opioid Funds shall be held in such National Opioid
Settlement Administrative Fund. If a Settlement does not allow for Opioid Funds
2
to be held in a National Opioid Settlement Administrative Fund, Opioid Funds
shall be held in a Colorado-specific QSF Account or, under the following limited
circumstances, in the State's Custodial Account: 1) if at the time of a Settlement,
a Colorado-specific QSF Account is not yet established, although in such case, the
Opioid Funds shall be transferred to the Colorado-specific QSF Account once it is
established or 2) where the Abatement Fund Council determines Opioids Funds
cannot be legally held in a Colorado-specific QSF Account. Regardless of
whether Opioid Funds are held in a National Administrative Fund, a Colorado-
specific QSF Account, or in the State's Custodial Account, the Abatement
Council shall appoint one of its members to serve as the point of contact in
accordance Section (C)(4)(b)(i), below.
2. All Opioid Funds, at the time of a Settlement or at the time designated in the
Settlement documents, shall be divided and distributed as follows:2
a. 10% directly to the State ("State Share") for Approved Purposes in
accordance with Section (D), below;
b. 20% directly to Participating Local Governments ("LG Share") for
Approved Purposes in accordance with Section (E), below;
C. 60% directly to Regions ("Regional Share") for Approved Purposes in
accordance with Section (F), below; and
d. 10% to specific abatement infrastructure projects ("Statewide
Infrastructure Share") for Approved Purposes in accordance with Section
(G), below.
3. Distribution of the Shares in Section B(2)(a) (d) shall be direct, meaning that
funds held in accordance with Section B(1) shall be disbursed directly to the
State, Participating Local Governments, Regions, and the Statewide Infrastructure
Share according to the terms of this MOU.
4. All Opioid Funds, regardless of allocation, shall be used for Approved Purposes.
5. Participating Local Governments may elect to share, pool, or collaborate with
their respective allocation of the LG or Regional Shares in any manner they
choose, so long as such sharing, pooling, or collaboration is used for Approved
Purposes and complies with the terms of this MOU and any Settlement.
C. General Abatement Fund Council
1. A General Abatement Fund Council (the"Abatement Council"), consisting of
representatives appointed by the State and Participating Local Governments, shall
2 This MOU treats multi-county health departments as county health departments for purposes of allocation and
distribution of abatement proceeds and therefore multi-county health departments shall not receive any Opioid
Funds directly. Third-Party Payors("TPPs")are not Parties to this MOU.
3
be created to ensure the distribution of Opioid Funds complies with the terms of
any Settlement and to provide oversight of the Opioid Funds in accordance with
the terms of this MOU.
2. Membership: The Abatement Council shall consist of the following thirteen (13)
members, who shall serve in their official capacity only.
a. State Members: Seven(7) members shall be appointed by the State, as
authorized volunteers of the State, as follows:
(i) A Chair to serve as a non-voting member, except in the event of a
tie;
(ii) Two (2) members who are licensed professionals with significant
experience in substance use disorders;
(iii) Three (3) members who are professionals with significant
experience in prevention, education, recovery, treatment, criminal
justice, rural public health issues, or government administration
related to substance use disorders; and
(iv) One(1) member or family member affected directly by the opioid
crisis.
b. Local Government Members: Six (6) members shall be appointed by the
Participating Local Governments. Local Government Members shall be a
County Commissioner, Mayor, City or Town Council Member, or a
professional with significant experience in prevention, education,
recovery, treatment, criminal justice, rural public health issues, or
governmental administration related to substance use disorders. A
Participating Local Government may determine which Local Government
Members are eligible(or ineligible) to serve on the General Abatement
Fund Council. County Commissioners, City or Town Council Members,
and/or Mayors from the Regions identified in Exhibit C shall collaborate
to appoint Local Government Members as follows:
(i) Two (2) Members from Regions 1, 5, 13, 14, 15, 17, 18;
(ii) Two (2) Members from Regions 2, 6, 7, 8, 9, 10, 11, 12, 16; and
(iii) Two (2) Members from Regions 3, 4, 19.
C. Terms: The Abatement Council shall be established within ninety(90)
days of the Effective Date. In order to do so, within sixty (60) days of the
Effective Date, the State shall appoint the State Members in accordance
with Section (C)(2)(a), and after conferral with the Local Governments,
CCI and CML shall jointly appoint six (6) Local Government Members
for an initial term not to exceed one year. Thereafter, Members shall be
4
appointed in accordance with this Section and Sections (C)(2)(a) and (b)
and may serve no more than two (2) consecutive two-year terms, for a
total of four(4) consecutive years. Except that, beginning in the second
year only, two (2) State Members and two (2) Local Government members
shall be appointed for a three-year term and may serve one consecutive
two-year term thereafter. The Chair shall have no term but may be
replaced at the State's discretion.
(i) If a State or Local Government Member resigns or is otherwise
removed from the Abatement Council prior to the expiration of
their teen, a replacement Member shall be appointed within sixty
(60) days in accordance with Sections (C)(2)(a) and (b).
(ii) If a Local Government Member vacancy exists for more than sixty
(60) days, the State shall appoint a replacement Local Government
Member to serve until the vacancy is filled in accordance with
Section (C)(2)(b).
3, Duties: The Abatement Council is primarily responsible for ensuring that the
distribution of Opioid Funds complies with the terms of this MOU. The
Abatement Council is also responsible for oversight of Opioid Funds from the
Regional Share in accordance with Section (F), below, and for developing
processes and procedures for the distribution and oversight of Opioid Funds from
the Statewide Infrastructure Share in accordance with Section (G) below.
4. Governance: The Abatement Council shall draft its own bylaws or other
governing documents, which must include appropriate conflict of interest and
dispute resolution provisions, in accordance with the terms of this MOU and the
following principles:
a. Authority: The Abatement Council does not have rulemaking authority.
The terms of this MOU and any Settlement, as entered by any court of
competent jurisdiction, including any bankruptcy court, control the
authority of the Abatement Council and the Abatement Council shall not
stray outside the bounds of the authority and power vested by this MOU
and any Settlement.
b. Administration: The Abatement Council shall be responsible for an
accounting of all Opioid Funds. The Abatement Council shall be
responsible for releasing Opioid Funds in accordance with Section (B)(1)
for the Regional and Statewide Infrastructure Shares in Sections (B)(2)(c)
and (d) and shall develop policies and procedures for the release and
oversight of such funds in accordance with Sections (F) and (G). Should
the Abatement Council require assistance with providing an accounting of
Opioid Funds, it may seek assistance from the State.
(i) The Abatement Council shall appoint one of its members to serve
as a point of contact for the purpose of communicating with the
entity holding Opioid Funds in accordance with Section (13)(1) and
in that role shall only act as directed by the Abatement Council.
c. Transparency: The Abatement Council shall operate with all reasonable
transparency and operate in a manner consistent with all Colorado laws
relating to open records and meetings regardless of whether the Abatement
Council is otherwise obligated to comply with them.
(i) The Abatement Council shall develop a centralized public
dashboard or other repository for the publication of expenditure
data from any Party or Regional Council that receives Opioid
Funds in accordance with Sections (D)-(G).
(ii) The Abatement Council may also require outcome related data
from any Party or Regional Council that receives Opioid Funds in
accordance with Sections (D)-(G) and may publish such outcome
related data in the centralized public dashboard or other repository
described above. In determining which outcome related data may
be required, the Abatement Council shall work with all Parties and
Regional Councils to identify appropriate data sets and develop
reasonable procedures for collecting such data sets so that the
administrative burden does not outweigh the benefit of producing
such outcome related data.
(iii) For purposes of funding the centralized public dashboard or other
repository described above, the Abatement Council shall make
good faith efforts to seek funding from outside sources first,
otherwise the State shall provide such funding.
d. Collaboration: The Abatement Council shall facilitate collaboration
between the State, Participating Local Governments, Regional Councils,
and other stakeholders for the purposes of sharing data, outcomes,
strategies, and other relevant information related to abating the opioid
crisis in Colorado.
C. Decision Making: The Abatement Council shall seek to make all
decisions by consensus. In the event consensus cannot be achieved, unless
otherwise required in this MOU, the Abatement Council shall make
decisions by a majority vote of its Members. The Chair shall only vote in
the event of a tie.
f. Due Process: The Abatement Council shall develop the due process
procedures required by Section (G)(3)(d) for Parties to dispute or
challenge remedial actions taken by the Abatement Council for Opioid
Funds from the Statewide Infrastructure Share. The Abatement Council
6
shall also abide by the due process principles required by Section (F)(12)-
(13) for Regions to dispute or challenge remedial actions taken by the
Abatement Council for Opioid Funds from the Regional Share.
g. Legal Status: The Abatement Council shall not constitute a separate legal
entity.
h. Legal Representation: To the extent permitted by law, the State shall
provide legal counsel to State Members for all legal issues arising from
those State Members' work on the Abatement Council. At all times, Local
Government Members of the Abatement Council are entitled to receive
legal representation from their respective governmental entities. In the
event of a conflict, the Abatement Council and its members may retain the
services of other legal counsel.
i. Compensation: No member of the Abatement Council shall be
compensated for their work related to the Abatement Council.
D. State Share
1. In accordance with Sections (B)(1) and (13)(2)(a), and the terms of any Settlement,
the State Share shall be paid directly to the State in accordance with the terms of
this Section (D).
2. The State maintains full discretion over distribution of the State Share anywhere
within the State of Colorado, however, the State Share shall be used for Approved
Purposes only. The State will work to reduce administrative costs as much as
practicable.
3. On an annual basis, as determined by the Abatement Council, the State shall
provide all expenditure data, including administrative costs, from the State Share
to the Abatement Council for purposes of maintaining transparency in accordance
with Section (C)(4)(c)(i). The Abatement Council may require the State to
provide additional outcome-related data in accordance with Section(C)(4)(c)(ii)
and the State shall comply with such requirements.
4. If the State disputes the amount of Opioid Funds it receives from the State Share,
the State shall alert the Abatement Council within sixty (60) days of discovering
the information underlying the dispute. Failure to alert the Abatement Council
within this time frame shall not constitute a waiver of the State's right to seek
recoupment of any deficiency in its State Share.
E. LG Share
1. In accordance with Sections (13)(1) and (13)(2)(b), and the terms of any
Settlement, the LG Share shall be paid directly to Participating Local
Governments in accordance with the terms of this Section (E).
7
2, Allocations to Participating Local Governments from the LG Share shall first be
determined using the percentages shown in Exhibit D.
3. The LG Share for each County Area shall then be allocated among the county and
the other Participating Local Governments within it. Exhibit E reflects the default
allocation that will apply unless the Participating Local Governments within a
County Area enter into a written agreement providing for a different allocation.
The Participating Local Governments may elect to modify the allocation for a
County Area in Exhibit E, but such modification to the allocation in Exhibit E
shall not change a County Area's total allocation under Section (E)(2).
4. A Local Government that chooses not to become a Participating Local
Government will not receive a direct allocation from the LG Share. The portion of
the LG Share that would have been allocated to a Local Government that is not a
Participating Local Government will instead be re-allocated to the Regional Share
for the Region where the Local Government is located, in accordance with
Section (F), below.
S. In the event a Participating Local Government dissolves or ceases to exist during
the term of any Settlement, the allocation for that Participating Local Government
from the LG Share shall be re-allocated as directed by any Settlement, and if not
specified, be re-allocated to the Regional Share for the Region in which the
Participating Local Government was located, in accordance with Section (F). If a
Participating Local Government merges with another Participating Local
Government, the allocation for that Participating Local Government from the LG
Share shall be re-allocated as directed by any Settlement, and if not specified,
shall be re-allocated to the successor Participating Local Government's allocation
of the LG Share. If a Participating Local Government merges with a Local
Government that is not a Participating Local Government, the allocation for that
Participating Local Government from the LG Share shall be re-allocated as
directed by any Settlement, and if not specified, be re-allocated to the Region in
which the merging Participating Local Government was located, in accordance
with Section (F), below.
6. A Participating Local Government may forego its allocation of the LG Share and
direct its allocation to the Regional Share for the Region where the Participating
Local Government is located, in accordance with Section (F) below, by
affirmatively notifying the Abatement Council on an annual basis of its decision
to forego its allocation of the LG Share. A Participating Local Government's
election to forego its allocation of the LG Share shall carry over to the following
year unless the Participating Local Government notifies the Abatement Council
otherwise. If a Participating Local Government elects to forego its allocation of
the LG Share, the Participating Local Government shall be excused from the
reporting requirements required by Section (E)(8).
7. Participating Local Governments maintain full discretion over the distribution of
their allocation of the LG Share anywhere within the State of Colorado, however,
8
all Participating Local Governments shall use their allocation from the LG Share
for Approved Purposes only. Reasonable administrative costs for a Participating
Local Government to administer its allocation of the LG Share shall not exceed
actual costs or 10% of the Participating Local Government's allocation of the LG
Share, whichever is less.
8. On an annual basis, as determined by the Abatement Council, all Participating
Local Governments shall provide all expenditure data, including administrative
costs, from their allocation of the LG Share to the Abatement Council for
purposes of maintaining transparency in accordance with Section (C)(4)(c)(i).
The Abatement Council may require Participating Local Governments to provide
additional outcome related data in accordance with Section (C)(4)(c)(ii) and all
Participating Local Governments shall comply with such requirements.
9. If any Participating Local Government disputes the amount of Opioid Funds it
receives from its allocation of the LG Share, the Participating Local Government
shall alert the Abatement Council within sixty(60) days of discovering the
information underlying the dispute. Failure to alert the Abatement Council within
this time frame shall not constitute a waiver of the Participating Local
Government's right to seek recoupment of any deficiency in its LG Share.
F. Regional Share
1. In accordance with Sections (B)(1) and (13)(2)(c), and the terms of any Settlement,
the Regional Share shall be paid to the Regions in accordance with the terms of
this Section (F).
2. Participating Local Governments shall organize themselves into the Regions
depicted in Exhibit C. Municipalities located in multiple Regions may join all or
some of the Regions in which they are located according to Exhibit C.
3. Allocations to Regions will be distributed according to Exhibit F. For multi-
county Regions, each Region's share listed in Exhibit F is calculated by summing
the individual percentage shares listed in Exhibit D for the counties within that
Region. The percentages in Exhibit F are based on the assumption that every
Local Government in each Region becomes a Participating Local Government.
4. In the event a city, town, or other municipality that is a Participating Local
Government merges, dissolves, or ceases to exist during the term of any
Settlement, the allocation of the Regional Share owed to the Region in which that
Participating Local Government existed shall be re-allocated as directed by any
Settlement, and if not specified, shall not be modified from Exhibit F. If a county
that is a Participating Local Government merges with another county within its
Region, the allocation of the Regional Share owed to the Region in which that
county existed shall be re-allocated as directed by any Settlement, and if not
specified, shall not be modified from Exhibit F. If a county that is a Participating
Local Government merges with a county in a different Region during the term of
9
any Settlement, the allocation of the Regional Share owed to the Region in which
that county existed shall be re-allocated as directed by any Settlement, and if not
specified, shall be re-allocated to the Region in which that Participating Local
Government merged in accordance with Exhibit F.
5. Each Region must create its own Regional Council while giving consideration to
the regional governance models illustrated in Exhibit G. The Regional Council
must be formed by the Participating Local Governments within the Region and
each Regional Council shall designate a fiscal agent for the Region. Regional
fiscal agents shall be county or municipal governments only. All funds from the
Regional Share shall be distributed to the Regional Council's identified fiscal
agent for the benefit of the entire Region.
a. Subject to this Section F(5), each Region may draft its own intra-regional
agreements, bylaws, or other governing documents to determine how the
Regional Council will operate. However, each voting member of a
Regional Council shall be an employee or elected official of a
Participating Local Government within the applicable Region. In the case
of Denver, the voting members of its Regional Council shall be appointed
by the Mayor. In the case of Broomfield, the voting members of its
Regional Council shall be appointed by the Broomfield City and County
Manager.
b. The Region shall not receive any Opioid Funds from the Regional Share
until the Region certifies to the Abatement Council that its Regional
Council has been formed and a fiscal agent has been designated. Such
certification shall be in a simple form adopted by the Region and may be
made via email, so long as it includes the names and affiliations of the
Regional Council's members and the designated fiscal agent.
C. If a Region does not form and certify its Regional Council and designate
its fiscal agent within one-hundred and eighty (180) days of the Effective
Date, the Abatement Council shall appoint members to the Region's
Regional Council. Regional Council members appointed by the
Abatement Council shall serve until the Region certifies the formation of
its Regional Council to the Abatement Council.
d. A Region shall submit a renewed certification required by Section
(F)(5)(b), above, when its membership changes.
e. If a membership vacancy exists on a Regional Council for more than
ninety (90) days and the Regional Council is unable to fill the vacancy by
its regular procedures during that time, the Abatement Council shall
appoint a replacement member to serve until the Region fills the vacancy.
10
6. A Local Government that chooses not to become a Participating Local
Government shall not receive any Opioid Funds from the Regional Share or
participate in the Regional Councils described in Section (F)(5) above.
7. Each Regional Council shall make requests to the Abatement Council for Opioid
Funds from their allocation of the Regional Share. Each Regional Council's
request for Opioid Funds from the Regional Share shall be accompanied by a 2-
year plan identifying the Approved Purposes for which the requested funds will
be used by the Region anywhere within the State of Colorado. A Regional
Council's 2-year plan may be amended so long as such amendments comply with
the terms of this MOU and any Settlement. Any Regional Council may seek
assistance from the Abatement Council for purposes of developing its 2-year plan.
S. Reasonable administrative costs for a Regional Council to administer its Region's
allocation of the Regional Share shall not exceed actual costs or 101,"0 of the
Region's allocation of the Regional Share, whichever is less.
9. The Abatement Council shall release funds requested by a Regional Council in
accordance with Section (B)(1) if the Regional Council's 2-year plan complies
with the Approved Purposes, the terms of this MOU, and the terms of any
Settlement. The Abatement Council shall not deny any funding request from a
Regional Council on the basis that the Abatement Council does not approve or
agree with the Approved Purposes for which a Regional Council requests Opioid
Funds from the Regional Share. Nor may the Abatement Council hold up, delay,
or make unreasonable requests for additional or supporting information of the
Regional Council prior to releasing the requested Opioid Funds. The purpose of
this MOU is to facilitate Opioid Funds to their intended recipients quickly and
efficiently with minimal administrative procedure.
10. On an annual basis, as determined by the Abatement Council, each Regional
Council's fiscal agent shall provide to the Abatement Council the Regional
Council's expenditure data, including administrative costs, from their allocation
of the Regional Share and certify to the Abatement Council that the Regional
Council's expenditures were for Approved Purposes and complied with its 2-year
plan. The Regional Council shall subject itself to an accounting at the Abatement
Council's discretion.
a. The Abatement Council shall review a Regional Council's expenditure
data and certification to ensure compliance with the Regional Council's 2-
year plan, the Approved Purposes, and the terms of this MOU and any
Settlement.
b. The Abatement Council shall publish the Regional Council's expenditure
data, including administrative costs, from the Regional Share in
accordance with Section (C)(4)(c)(i). The Abatement Council may require
Regional Councils to provide additional outcome related data in
11
accordance with Section (C)(4)(c)(ii) and all Regional Councils shall
comply with such requirements.
11. If any Regional Council disputes the amount of Opioid Funds it receives from its
allocation of the Regional Share, the Regional Council shall alert the Abatement
Council within sixty (60) days of discovering the information underlying the
dispute. Failure to alert the Abatement Council within this time frame shall not
constitute a waiver of the Regional Council's right to seek recoupment of any
deficiency in its Regional Share.
12. If the Abatement Council has reason to believe a Region's expenditure of its
allocation of the Regional Share did not comply with the Region's 2-year Plan,
the Approved Purposes, the terms of this MOU or any Settlement, as described in
this Section (F), or that the Region otherwise misused its allocation of the
Regional Share, the Abatement Council may take remedial action against the
alleged offending Region. Such remedial action is left to the discretion of the
Abatement Council and may include but not be limited to, withholding future
Opioids Funds owed to the offending Region or requiring the offending Region to
reimburse improperly expended Opioid Funds to the Regional Share.
13. Within one hundred and twenty (120) days of the Abatement Council being
formed, in accordance with Section (C)(2)(c) above, the Abatement Council shall
develop and publish due process procedures for allowing a Region to challenge or
dispute any remedial action taken by the Abatement Council, including timelines
during which the Region may engage in such a challenge or dispute. Such due
process procedures shall reflect, at a minimum, the following principles:
a. Upon learning of any conduct that may warrant remedial action against a
Region, the Abatement Council shall first provide notice to the Region of
the conduct at issue, provide the Region an opportunity to respond, and, if
appropriate, cure the alleged offending conduct. If after providing the
Region such notice and opportunities to respond and cure, the Abatement
Council continues to believe remedial action is warranted, the Abatement
Council may take such remedial action.
b. If the Abatement Council decides to take remedial action against an
alleged offending Region, such action may only occur by a two-thirds
supermajority vote of the Abatement Council. Thus, an Abatement
Council made up of twelve (12) voting members requires a vote of eight
(8) Members prior to taking remedial action against an alleged offending
Region.
C. Prior to taking any remedial action against an alleged offending Region,
the Abatement Council shall first provide notice to the alleged offending
Region of the remedial action to be taken and the facts underlying such
remedial action. The Abatement Council shall then provide the alleged
12
offending Region an opportunity to challenge or dispute the remedial
action in accordance with, at a minimum, the principles below:
i. The alleged offending Region may request revisions or
modifications to the proposed remedial action;
ii. The alleged offending Region may submit a written response to
and/or request a hearing before the Abatement Council, or a third-
party hearing officer,3 regarding the alleged offending conduct and
proposed remedial action; and
iii. After such written responses are submitted and reviewed and/or a
hearing is conducted, the alleged offending Region may submit an
appeal to the Abatement Council of the decision to take remedial
action.
d. Remedial actions taken by the Abatement Council, in accordance with the
due process principles detailed above, shall be considered final non-
appealable orders and offending Regions may not seek judicial relief from
remedial action taken by the Abatement Council, except as provided in
Section (H), below.
e. Subject to Section (H)(2), below, if any Party(ies) believes the Abatement
Council violated the terms of this MOU, such Party(ies) may seek to
enforce the terms of this MOU.
14. If the Abatement Council has reason to believe a Region's conduct, or the conduct
of any Participating Local Government or individual in that Region, amounts to a
violation of any criminal law, the Abatement Council shall refer such matters to the
appropriate authorities and may consider such conduct in its determination of any
remedial action to be taken.
15. If the Abatement Council has reason to believe that an individual involved in the
receipt or administration of Opioid Funds from the Regional Share has violated any
applicable ethics rules or codes, the Abatement Council shall not attempt to adjudicate
such a violation. In such instances, the Abatement Council shall lodge a complaint with
the appropriate forum for handling such ethical matters, such as a local home rule
municipality's ethics board.
16. Costs associated with the Abatement Council's distribution and oversight of the
Regional Share, as described above in this Section (F), including costs associated with
any remedial action by the Abatement Council, shall be paid from the Statewide
3 Only an alleged offending Region may request the appointment of a third-party hearing officer to review any
written responses and conduct any requested hearings. If an alleged offending Region makes such a request,the
Abatement Council has sole discretion to appoint the third-party hearing officer and the alleged offending Region
shall bear the cost of such review and/or hearing by the third-party hearing officer.
13
Infrastructure Share. The Abatement Council shall make all good faith efforts to limit
such costs to the greatest extent possible.
G. Statewide Infrastructure Share
1. In accordance with Sections B(1) and (13)(2)(d), and the terms of any Settlement,
the Statewide Infrastructure Share shall be paid to any Party or Regional Council
in accordance with this Section (G).
2. The purpose of the Statewide Infrastructure Share is to promote capital
improvements and provide operational assistance for developing or improving the
infrastructure necessary to abate the opioid crisis anywhere within the State of
Colorado. The Statewide Infrastructure Share is intended to supplement Opioid
Funds received by any Party or Region.
3. Prior to distributing any Opioid Funds from the Statewide Infrastructure Share,
the Abatement Council shall establish and publish policies and procedures for the
distribution and oversight of the Statewide Infrastructure Share, including
processes for Parties or Regions to apply for Opioid Funds from the Statewide
Infrastructure Share. The Abatement Council's policies and procedures shall, at a
minimum, reflect the following principles:
a. Opioid Funds from the Statewide Infrastructure Share shall be used for
Approved Purposes only;
b. Opioid Funds from the Statewide Infrastructure Share shall be paid
directly to the appropriate state agencies (including but not limited to the
Colorado Department of Law), Regional fiscal agents, or Participating
Local Governments only;
C. Distribution and oversight of the Statewide Infrastructure Share shall
comply with the terms of this MOU and any Settlement;
d. Appropriate processes for remedial action will be taken against Parties or
Regions that misuse Opioid Funds from the Statewide Infrastructure
Share. Such processes shall include procedures for alleged offending
Parties or Regions to challenge or dispute such remedial action; and
e. Limitations on administrative costs to be expended by recipients for
administering Opioid Funds received from the Statewide Infrastructure
Fund, not to exceed actual costs expended by the recipient or I V°'O' of the
amount received, whichever is less.
4. The distribution and oversight policies and procedures developed by the
Abatement Council, in accordance with Section (G)(3), shall be non-appealable
orders and no Party or Region may seek judicial relief related to the distribution
and oversight of the Statewide Infrastructure Share.
14
5. On an annual basis, as determined by the Abatement Council, any Party or
Regional Council that receives funds from the Statewide Infrastructure Share shall
provide all expenditure data, including administrative costs, related to any Opioid
Funds it received from the Statewide Infrastructure Share and subject itself to an
accounting as required by the Abatement Council. The Abatement Council shall
publish all expenditure data from the Statewide Infrastructure Share in accordance
with Section (C)(4)(c)(i). The Abatement Council may require the Parties or
Regional Councils that receive funds from the Statewide Infrastructure Share to
provide additional outcome related data in accordance with Section (C)(4)(c)(ii)
and the Parties or Regional Councils shall comply with such requirements.
6. Costs associated with the Abatement Council's distribution and oversight of the
Statewide Infrastructure Share, as described in this Section (G), shall be paid for
from the Statewide Infrastructure Share. The Abatement Council shall make all
good faith efforts to limit such costs to the greatest extent possible.
If. General Terms
1. All Parties and Regional Councils shall maintain all records related to the receipt
and expenditure of Opioid Funds for no less than five(5) years and shall make
such records available for review by the Abatement Council, any other Party or
Regional Council, or the public. Records requested by the public shall be
produced in accordance with Colorado's open records laws. Records requested by
the Abatement Council or another Party or a Regional Council shall be produced
within twenty-one (2 1) days of the date the record request was received. This
requirement does not supplant any Party or Regional Council's obligations under
Colorado's open records laws.
2. If any Party(ies) believes the Abatement Council has violated the terms of this
MOU, the alleging Party(ies) may seek to enforce the terms of this MOU,
provided the alleging Party(ies) first provides notice to the Abatement Council of
the alleged violation and a reasonable opportunity to cure the alleged violation. In
such an enforcement action, the alleging Party(ies) may only seek to enforce the
terms of the MOU against the State and the Participating Local Governments
from which the Local Government Members of the Abatement Council were
appointed and may only seek declaratory and/or injunctive relief. In defense of
such an enforcement action, the State's Members of the Abatement Council shall
be represented by the State and the Local Government Members shall be
represented by the Participating Local Governments from which the Local
Government Members were appointed. In the event of a conflict, the Abatement
Council and its Members may seek outside representation to defend itself against
such an enforcement action.
3. If any Party(ies) believes another Party(ies), not including the Abatement Council,
violated the terms of this MOU, the alleging Party(ies) may seek to enforce the
terms of this MOU in the court in which any applicable Settlement(s) was entered,
provided the alleging Party(ies) first provide the alleged offending Party(ies)
15
notice of the alleged violation(s) and a reasonable opportunity to cure the alleged
violation(s). In such an enforcement action, any alleging Party or alleged
offending Party(ies) may be represented by their respective public entity in
accordance with Colorado law.
4. Nothing in this MOU shall be interpreted to waive the right of any Party to seek
judicial relief for conduct occurring outside the scope of this MOU that violates
any Colorado law. In such an action, the alleged offending Party(ies), including
the Abatement Council, may be represented by their respective public entities in
accordance with Colorado law. In the event of a conflict, any Party, including the
Abatement Council and its Members, may seek outside representation to defend
itself against such an action.
5. If any Party(ies) believes another Party(ies), Region(s), or individual(s) involved
in the receipt, distribution, or administration of Opioids Funds has violated any
applicable ethics codes or rules, a complaint shall be lodged with the appropriate
forum for handling such matters, such as a local home rule municipality's ethics
board.
6. If any Party(ies) believes another Party(ies), Region(s), or individual(s) involved
in the receipt, distribution, or administration of Opioid Funds violated any
Colorado criminal law, such conduct shall be reported to the appropriate criminal
authorities.
7. Venue for any legal action related to this MOU shall be in a court of competent
jurisdiction where any applicable Settlement(s) is entered.
8. Because recovery under the terms of different Settlement(s) may vary depending
on the number of Parties required to effectuate a Settlement, the Parties may
conditionally agree to sign on to the MOU through a letter of intent, resolution or
similar written statement, declaration or pronouncement declaring their intent to
sign on to the MOU if the threshold for Party participation in a specific Settlement
is achieved.4
9. This MOU may be executed in two or more counterparts, each of which shall be
deemed an original, but all of which shall constitute one and the same instrument.
The Parties approve the use of electronic signatures for execution of this MOU.
All use of electronic signatures shall be governed by the Uniform Electronic
Transactions Act, C.R.S. §§ 24-71.3-101, et seq. The Parties agree not to deny the
legal effect or enforceability of the MOU solely because it is in electronic form or
4 For instance,the July 21,2021 "Distributor Settlement Agreement"includes a"Subdivision Settlement
Agreement Form"that,once filled out and executed, is meant to indicate that Local Government's(or
Subdivision's) election to participate in that Distributor Settlement and also,to require that Local Government to
take steps to formally release any claim it may have against the Settling Distributors. With regard to the
Distributor Settlement Agreement or any other Settlements that include a form similar to the Subdivision
Settlement Agreement Form,the Parties may still conditionally agree to sign on to the MOU if, for instance, the
threshold for Party participation in a specific Settlement is achieved.
16
because an electronic record was used in its formation. The Parties agree not to
object to the admissibility of the MOU in the form of an electronic record, or a
paper copy of an electronic document, or a paper copy of a document bearing an
electronic signature, on the ground that it is an electronic record or electronic
signature or that it is not in its original form or is not an original.
10. Each party represents that all procedures necessary to authorize such Party's
execution of this MOU have been performed and that the person signing for such
Party has been authorized to execute the MOU.
1. Payment of Counsel and Litigation Expenses Through a Back-Stop Fund
1. Some Settlements, including the McKesson Corporation, Cardinal Health, Inc.,
and AmerisourceBergen Corporation ("Distributor") and Johnson &
Johnson/Janssen ("J&J") settlements, may provide for the payment of all or a
portion of the fees and litigation expenses owed by Participating Local
Governments to counsel specifically retained to file suit in the opioid litigation. If
any Settlement is insufficient to cover the fee obligations of the Participating
Local Governments (as discussed and modified by Judge Polster's Order of
August 6 regarding fees for the Distributor and J&J settlements), the deficiencies
will be covered as set forth in further detail below.
2. The Parties also recognize that, as in the Distributor and J&J settlements, certain
Opioid Settling Defendants may offer premiums benefiting the entire state of
Colorado when Participating Local Governments agree to the Settlement(s),
thereby settling their claims in their on-going lawsuits. For example, below is the
chart illustrating how Incentive Payment B (a 25% premium to the entire state)
works in the Distributor Settlement at Section IV.F.2.b (p. 20):
Percentage of litigating
Subdivision Population
that is lncentivc B
Eligible Subdivision Incentive Pa�'mrnt B
Population{ Eli ibilit� Percentage
Up to 85°u 000
85%u 300o
86+ 40"o
91+ 50'?o
95+ 600o
99°•u— 950 0
100°0 100%
3. If the court in In Re: National Prescription Opiate Litigation, MDL No. 2804
(N.D. Ohio), or if a Settlement establishes a common benefit fund or similar
device to compensate attorneys for services rendered and expenses incurred that
have benefited plaintiffs generally in the litigation (the"Common Benefit Fund"),
17
and/or requires certain governmental plaintiffs to pay a share of their recoveries
from defendants into the Common Benefit Fund ("Court-Ordered Common
Benefit Fund Assessment"), then the Participating Local Governments shall be
required to first seek to have their attorneys' fees and expenses paid through the
Common Benefit Fund.
4. For the Distributor and J&J settlements only, counsel for Participating Local
Governments shall have their expenses otherwise recoverable from Colorado
Participating Local Governments compensated only through the Common Benefit
Fund(s) established in those settlement(s). For the avoidance of doubt, counsel for
Participating Local Governments may recover their attorneys' fees through the
Distributor and J&J settlements and through the other applicable provisions of
this Section (I).
5. In addition, as a means of covering any deficiencies in paying counsel for
Participating Local Governments, a supplemental Colorado Attorney Fee Back-
Stop Fund shall be established. The Colorado Attorney Fee Back-Stop Fund is to
be used to compensate counsel for Participating Local Governments that filed an
initial complaint in the opioid litigation by September 1, 2020 ("Litigating
Participating Local Governments").
6. Payments out of the Colorado Attorney Fee Back-Stop Fund shall be determined
by a committee (the "Opioid Fee and Expense Committee"). The Opioid Fee and
Expense Committee shall consist of the following five(5) members:
a. One (1) member appointed by CCI from a litigating county or from a
litigating county and city municipal corporation;
b. One (1) member appointed by CML from a litigating city;
C. One (1) member appointed jointly by CCI and CML from a non-litigating
county or city;
d. One (1) member appointed by the Attorney General's Office; and
e. One (1) neutral member jointly appointed by all of the other members
listed above.
7. The Colorado Attorney Fee Back-Stop Fund shall be funded as follows from any
Settlement, excluding settlements involving McKinsey and payments resulting
from the Purdue or Mallinckrodt bankruptcy. For purposes only of calculating the
funding of the Colorado Attorney Fee Back-Stop Fund, the Parties deem 589rlo of
the total LG Share and Regional Share to be attributable to the Litigating Local
Governments. The Colorado Attorney Fee Back-Stop Fund shall be funded by
8.70x10 of the total LG Share and 4.35°/'o of the total Regional Share at the time such
funds are actually received. No funds deposited into the Colorado Attorney Fee
Back-Stop Fund will be taken from the Statewide Infrastructure Share or State
Share.
18
8. Counsel for Litigating Participating Local Governments may apply to the
Colorado Attorney Fee Back-Stop Fund only after applying to the Common
Benefit Fund.
9. Counsel for Litigating Participating Local Governments may apply to the
Colorado Attorney Fee Back-Stop Fund for only a shortfall that is, the
difference between what their fee agreements would entitle them to (as limited by
this Section (I)) minus what they have already collected from the Common
Benefit Fund (including both the "common benefit" and "contingency fee"
calculations, if any). If they receive fees/costs for common benefit work in the
national fee fund, these fees/costs will be allocated proportionately across all their
local government opioid clients based on the allocation model used in the
Negotiation Class website to allocate the appropriate portion to Colorado clients.
10. Counsel for Litigating Participating Local Governments are limited to being paid,
at most, and assuming adequate funds are available in any Common Benefit Fund
and Colorado Attorney Fee Back-Stop Fund, fees in an amount equal to 15111°0 of
the LG Share and 7.5% of the Regional Share attributable to their Colorado
clients.
11. Any funds remaining in the Colorado Attorney Fee Back-Stop Fund in excess of
the amounts needed to cover the fees and litigation expenses owed by Litigating
Participating Local Governments to their respective counsel shall revert to the
Participating Local Governments according to the allocations described in
Sections (E) and (F). Every two years, the Opioid Fee and Expense Committee
shall assess the amount remaining in the Colorado Attorney Fee Back-Stop Fund
to determine if it is overfunded.
12. Despite the fact that a litigating entity bonus benefits the entire state, no portion of
the State Share shall be used to fund the Colorado Attorney Fee Back-Stop Fund
or in any other way to fund any Participating Local Government's attorneys' fees
and expenses. Because the state did not hire outside counsel, any funds for
attorneys fees that the state receives from the J&J and Distributor settlement will
be deposited into the State Share.
13. To participate in the Colorado Attorney Fee Back-Stop Fund, counsel must follow
the requirements of C.R.S. § 13-17-304.
19
This Colorado Opioids Settlement Memorandum of Understanding is signed
this day of
by:
6L, 404"'kv........................... ......
Colorado rney General Philip J. Weiser
20
This Colorado Opioids Settlement Memorandum of Understanding is signed
this day of by:
Name & Title
On behalf of
21
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 frill American Society of
Addiction Medicine (ASAM) continuum of care for OUD.
13. Improve oversight of Opioid Treatment Programs (DTPs) 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 OLD 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.
IL PREVENTION
F. PRESCRIBING PRACTICES
I. 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/affirinative 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 sei vice 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 halm 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.
EXHIBIT A
Exhibit B
Colorado Local Governments*
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*
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 IDelta I City
Orchard Cit iDelta I City
Paonia IDelta I City
2
EXHIBIT B
Colorado Local Governments*
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
EI Paso County EI Paso County
Calhan EI Paso City
Colorado Springs EI Paso City
Fountain EI Paso City
Green Mountain Falls EI Paso City 2 counties
Manitou Springs EI Paso City
Monument EI Paso City
Palmer Lake EI Paso City
Ramah EI Paso City
Elbert County Elbert County
Elizabeth Elbert City
Kiowa Elbert City
Simla Elbert City
Fremont County Fremont County
Brookside Fremont City
Canon 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*
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 I<iowa City
Haswell Kiowa City
Sheridan Lake Kiowa City
Kit Carson County Kit Carson County
4
EXHIBIT B
Colorado Local Governments*
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
S
EXHIBIT B
Colorado Local Governments*
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*
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*
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*
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.
This list will be reconciled as necessary to be consistent with the terms of Settlement(s)with Opioid Settling
Defendant(s)
9
EXHIBIT B
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Exhibit D
Exhibit D-Allocations to Colorado County Areas
nw�ffllm
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%
EI 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 I 0.0992%
TOTAL 1 100.0000%
Page 2 EXHIBIT D
Exhibit
E
Exhibit E- Intracounty Allocations 1,2
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
m
� you
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%
06"ir( o-dintiies)'
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%
1W"11
Sheridan 2.1347%
Archuleta County 90.0864%
Pagosa Springs 9.9136%
Baca County 85.9800%
Campo 2.4443%
Pritchett 1.5680%
Springfield 7.0100%
Page 1 EXHIBIT E
m
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%
Jamestown 0.0086%
Lafayette 3.3203%
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
m
Ia II
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%
u NNNN
Lone Tree VIII 5 2786/
Parker 8.8487%
Eagle County 60.8236%
Avon 7.6631%
Eagle 3.1376%
Gypsum 1.7469%
Minturn 0.7771%
Page 3 EXHIBIT E
m
Red Cliff 0.0957%
Vail 23.5250%
EI Paso County 18.4181%
Calhan 0.0228%
Colorado Springs 80.1161%
Fountain 0.9892%
Manitou Springs 0.2411%
Monument 0.1492%
Palmer Lake 0.0455%
Ramah 0.0033%
Elbert County 86.5840%
Elizabeth 10.2633%
I<iowa 1.5455
Simla 1.6072%
Fremont County 60.7882%
Brookside 0.0348%
Canon City 30.9017%
Coal Creek 0.0476%
Florence 8.0681%
Rockva le 0.0687
Williamsburg 0.0907%
Garfield County 76.3371%
Carbondale 2.4698%
Glenwood Springs 11.8141%
New Castle 1.429S%
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
m
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%
Cep-Ukies)!,;,,
Edgewater 0.6604%
Golden 3.4815%
Lakeside 0.0030%
Lakewood 15.9399%
III III I i 11 111
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 1 0.9012%
Page 5 EXHIBIT E
m
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%
Ilu m2�„1�,ulnit'i'�"S � i I ih
Estes Park 0.3502%
Fort Collins 18.5702%
Johnstown (2 Counties) 0.0711%
Loveland 23.4493%
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 6.63339/6
Logan County 72.7982%
Crook 0.0931%
Fleming 0.3413%
I I iff 0.0095%
Merino 0.4702%
Peetz 0.2029%
Sterling 26.0848%
Mesa County 60.8549%
Collbran 0.0920%
Page 6 EXHIBIT E
m
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 1 0.3118%
Morgan County 61.6991%
Brush 8.5522%
Fort Morgan 27.8214%
Hillrose 0.1986%
Log Lane Village 0.6424%
Wiggins 1 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
m
Fairplay 2.8237%
Phillips County 52.3463%
Haxtun 13.9505%
Holyoke 33.1803%
Paoli 0.5228%
Pitkin County 47.1379%
Aspen 42.0707%
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 I 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
m
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 1 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%
Victor 3.1685%
Woodland Park 1 13.3445%
Washington County 99.1320%
Akron 0.7659%
Otis 0.1021%
Weld County 51.9387%
Ault 0.3202%
Counties �001 All
Brighton (2 Counties) 0.0927%
Dacono 0.6104%
Eaton 0.4573%
Evans 4.5121%
Page 9 EXHIBIT E
�m
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%
160 WISH
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%
Windsor(2 Counties) 1.5865%
Yuma County 75.5598%
Eckley 2.5422%
Wray 10.2148%
Yuma 11.6832%
'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.
'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.
Page 10 EXHIBIT E
Exhibit F
Regional Allocations
2 Larimer 6.5211%
LLU
Il II
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pllllllllllllllllll
IS
16 ElPaso/Teller 12.6116%
17-------------------------SouthwestCorner1.4375%
-----------------------------------------------
Total 100.0000%
EXHIBIT F
xhibit 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 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 riles 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
INTERGO`7ERNMENTAL AGREEMENT
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 MOUS;
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;
z 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.
s 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
'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 fiinds:
(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,
s 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 PI-Gs' representative designated below shall be the
point of contact to coordinate the obligations as provided herein. The Regional PI-Gs 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 PI-Gs 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 PI-Gs hereunder.
13. CONFIDENTIALITY. The Regional PI-Gs, 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 PI-Gs to comply with any laws or legal
process concerning disclosures by public entities. The Regional PI-Gs 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 PI-Gs of such request in order to give the Regional PI-Gs 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 PI-Gs 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 PI-Gs 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 PI-Gs. 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 PI-Gs. A Regional PLG's decision to terminate this Regional
Agreement,with or without cause,shall have no impact on the other Regional PI-Gs 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 PI-Gs 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 PI-Gs that are not Key Notices may
be done via electronic transmission. The Regional PI-Gs 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 PI-Gs at the following addresses:
17. GENERAL TERMS AND CONDITIONS
17.1. Independent Entities.The Regional PI-Gs 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 PI-Gs. 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 PI-Gs and terminates any oral or collateral agreement or
understandings. This Regional Agreement may be amended only by a writing signed by the
Regional PI-Gs. 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 PI-Gs 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 PI-Gs to the Regional Agreement
inure to the benefit of and shall be binding upon the Regional PI-Gs 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 PI-Gs 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 PI-Gs. 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 PI-Gs receiving services or
benefits pursuant to the Regional Agreement is an incidental beneficiary only.
17.12. Records Retention. The Regional PI-Gs 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 PI-Gs 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 PI-Gs 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 PI-Gs 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
EXHIBIT G-1
Colorado Opioids Settlement Memorandum of Understandiny-
Summary
Below is a brief overview of the key provisions outlined in the Colorado Opioids
Settlement Memorandum of Understanding ("Colorado MOU"). The Colorado MOU was signed
by Colorado Attorney General Phil Weiser on August 26, 2021. In order to receive the full
settlement payments for all of Colorado, strong participation by local governments signing on to
the Colorado MOU is necessary.
Local governments and the State prepared the Colorado MOU, which prioritizes
regionalism, collaboration, and abatement in the sharing and distribution of opioid settlement
funds. The points below summarize the framework laid out in the Colorado MOU for
distributing and sharing opioids settlement proceeds throughout Colorado. Please see the full
Colorado MOU and exhibits for additional details.
While Colorado's local governments are currently being asked to participate in recent
settlements with the "Big 3" Distributors (AmerisourceBergen, Cardinal Health, and McKesson)
and Johnson & Johnson, the Colorado MOU is intended to apply to all current and future opioid
settlements.
A. Allocation of Settlement Funds
The Colorado MOU provides the framework for fairly dividing and sharing settlement
proceeds among the state and local governments in Colorado. Under the Colorado MOU,
settlement proceeds will be distributed as follows:
1. 10% directly to the State ("State Share")
2. 20% directly to Participating Local Governments ("LG Share")
3. 60% directly to Regions ("Regional Share")
4. 10% to specific abatement infrastructure projects ("Statewide Infrastructure
Share")
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.
B. General Abatement Fund Council
A General Abatement Fund Council (the "Abatement Council"), consisting of
representatives appointed by the State and Participating Local Governments, will ensure that the
distribution of opioid fluids complies with the terms of any settlement and the terms of the
Colorado MOU. The Abatement Council will consist of 13 members, seven appointed by the
State and six appointed by the Participating Local Governments.
C. Local Government Share (20%)
Twenty percent of settlement fluids will be paid directly to Participating Local
Governments. Exhibit D to the Colorado MOU lists the percentage to each County Area (that is,
the coiuity government plus the municipalities within that county), and Exhibit E further breaks
down those allocations to an intracounty level using a default allocation.
The allocations to each County Area in Exhibit D are based on three factors that address
critical causes and effects of the opioid crisis: (1) the number of persons suffering opioid use
disorder in the county; (2) the number of opioid overdose deaths that occurred in the county; and
(3) the amount of opioids distributed within the county.
The intracounty allocations in Exhibit E are a default allocation that will apply unless the
local governments in a County Area enter into a written agreement providing for a different
allocation. These allocations are based on a model, developed by health economist experts,
which uses data from the State and Local Government Census on past spending relevant to
opioid abatement.
Participating Local Governments will provide data on expenditures from the LG Share to
the Abatement Council on an annual basis. If a local government wishes, it may forego its LG
Share and direct it to the Regional Share. 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 for the regio
where that local government is located.
D. Regional Share (60%)
Sixty percent of settlement funds will be allocated to single- or multi-county regions
made up of local governments. These regions were drawn by local governments to make use of
existing local infrastructure and relationships. The regional map is shown below, as well as in
Exhibit C to the Colorado MOU:
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Allocations to regions will be calculated according to the percentages in Exhibit F. Each
region will create its own"Regional Council”to determine what Approved Purposes to fund
with that region's allocation from the Regional Share. 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,
subject to the terms of the Colorado MOU. Each Regional Council will provide expenditure data
to the Abatement Council on an annual basis.
A local government that chooses not to participate or sign onto the Colorado MOU shall
not receive any opioid fiends from the Regional Share and shall not participate in the Re i_ig onal
Councils.
E. State Share (10%)
Ten percent of settlement funds will be allocated directly to the State for statewide
priorities in combating the opioid epidemic. The State maintains frill discretion over distribution
of the State Share anywhere within the State of Colorado. On an annual basis, the State shall
provide all data on expenditures from the State Share, including administrative costs, to the
Abatement Council.
F. Statewide Infrastructure Share (40%)
Ten percent of the settlement funds will be allocated to a Statewide Infrastructure Share
to promote capital improvements and provide operational assistance for the development or
improvement of infrastructure necessary to abate the opioid crisis anywhere in Colorado.
The Abatement Council shall 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.
G. Attorneys' Fees and Expenses Paid Through a Back-Stop Fund
To a large extent, the national opioid settlements occurred because of the pressure that
litigating entities and their counsel exerted on defendants through their lawsuits. The attorneys'
fee provision equitably allocates the cost of attorneys' fees, while also allowing non-litigating
entities to share in the 25%premium for releases by the litigating entities in the "Big 3"
Distributor and Johnson & Johnson settlements. The work that was done by the litigating entities
and their law firms in the litigation has substantially contributed to achieving the settlements that
are currently being offered and those that are anticipated in the future.
The Attorney General and local governments have agreed to a"Back-Stop Fund" for
attorneys' fees and costs. Before a law film 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 fiend.
Attorneys' fees are limited to 8.7% of the total LG Share and 4.35% of the total Regional
Share. No fiends 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.
H. Participation in the Colorado MOU and Expected Timeline
The MOU was designed to ensure that as many local governments as possible would
agree to its terms. Strong participation from local governments is needed to receive the full
settlement payments for all of Colorado. On August 26, 2021, Colorado Attorney General Phil
Weiser signed the MOU. It is projected that settlement fiends from the "Big 3"
Distributor/Johnson & Johnson settlements could be made available as soon as July 2022 and
will be distributed within Colorado according to the MOU.
Along with the MOU, each local government will need to sign a Subdivision Settlement
Participation Form for each of the settlements (the "Big 3" Distributor settlement and the
Johnson & Johnson settlement) releasing their legal claims and stating they are participating in
the settlements. 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. 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.
A copy of the MOU with signature pages for each local government, the Subdivision
Settlement Participation Forms, 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: For Municipalities:
Colorado Counties, Inc. Colorado Municipal League
800 Grant, Ste 500 1144 N. Sherman St.
Denver, CO 80203 Denver, CO 80203
Email: Email: opioidsettlementL)cml.org
Kyley Burress at KBurressL&ccionline.org
Katie First at KFirstL)ccionline.org
If you have any questions, please reach out to Heidi Williams of the Colorado AG's
office at Heidi.WilliamsL)coag.gov.
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.coin/.
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.
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:
DISTRIBUTORS: Base and incentives
Mlli
Base 56% 1ncenklve A provides for payment Incentive B Is not relevant if a Incentive C is not relevant as
P P y 5 J shave of this State's koL3tl
Incentives 46% of all but Incentive d payments in State earns Incentive A. if a State earns Incentive A. Abatement Fund allocation(see
Not Abatement
for near full peace. Incentive B Is up to 25%. Incentive C is up to 15% Page 20),Payable starting in year 6
through year 18,
AmDulnit Incentive B Is earned by Incentive C is earned by
obtaining releases from litigating getting larger(population of
• Passing a Statute or court subdivisions. 30,000)non-litigating and any- ftunlilyVarg Crelkotria
ruling that terminates existing sized litigating counties and
and bars future claims by cities to join the deal. State must have had no later
Subdivisions(Including special III, u ;,Irl, Ii •i��i�^�.�'�Ii,iii,,��� I� Litigating Subdivisions bring
Incentives are districts): suit and proceed past
earned by Obtaining Participation Participation, preliminary motions,
releases from • Receiving releases on behalf or Case- Release,or Incentive
Subdivisions and of(i)all general purpose Specific Incentive Resolution C Award
limiting additional subdivisions above 10,000 Resolution B Award Levels
Subdivisions from Population,(ii)larger school Levels 60-69% 25%
filing Suit. and hospital/health districts, 85% 30°0 70.74% 35
and(iii)all currently litigating
Subdivisions:or 86.90% 40% 76.79% 40%
80.84% 45%
• A combination of these 91.94% 50% 85.89% 55%
approaches that results in a 95-99% 60%
90-92% fiORo
During the first two complete bar of existing and
years,States that future claims(e.g.,legislation 99.99.9% 95% 93% 65%
settle are treated as barring future claims combined 100% 100% l / 75%
It receiving full base with III participation 95.97% 90%
and Incentive. by litigating subdivisions). 98.99% 95%
Not structured in brae periods,as 100%, 100°10
with Incentive B under the J&J
lWvv.uve only-F—II Agreement. There is no timing element.
Z.errews Control,
JOHNSON &JOHNSON: Base and Incentives
�u� iii g� lip uI,IIIIIIIN liq 11
edd VIII
Incentive A provides for payment Incentive B is not relevant If a incentive C is not relevant if a
of all but Incentive D payments,I slat.care,.Incentive A State earns Incentive A 5%share of the State's goal
.sorang.for near full peace Incentive B is up to 30%. Incentive C is up to 20%.It Abatement Fund allocation(see
BaSe45% breaks Incentive C in two parts page 20)Payable starting In year 6
Earning Incentive A also causes Incentive B is eared from • � l irc;.ntve C is carried by getting through year M
Incentives 55% substantial payments.the first obtaining releases from litigating rgd,ip.pulof 30,000)
three years of payments, subdivisions. litigating and non4ii counties
Global accelerated and paid within 90 and cities to join the deal 5%is Quaptyl Cal
Settlement day. awarded to,obtaining.Slat.'.ran State must have had no later
largest general purpose
Abatement Ill, ill- A I l sobdi�,i.i.csl(ciro.arid...nti.sp Litigating Subdivisions bring
suit and proceed past
Amount - Passing a Statute or court 1:i rdi'lili'll :,:'ll k preliminary motions in the 5
ruling that terminates existing Participation Participation, Incentive years foitowirl;the Effective
and bars future claims by or Case Release,or
8 bdivislons(Including special Specific Incentive C(arlDole,
)
c Resolution A. d
districts): Resolution B Award Levels
Incentives are - Receiving releases on behalf of Levels 60% 40%
earned by obtaining (I)all goni purpose 75% 50% '10% 46%
releases from s.Indivi.ion.above 10,000 76% 52% 80% 50%
subdivisions and population(ill larger school 77k 54% lI 55%.
limiting additional and distircls, 78% 56%, 90% 60.
subdivisions from and(ill)all currently litigating 7W/ 58%
filing
subdivisions;or 80% 60% 91% 65%
ling suit. 65r, 70% 92% 70%
- A combination of thesis 90% 80- 931% 80%
approaches that results v,a 95% 90% 94% 90%
complete bar of existing and 1001% 100'% 95% 100%
future claims(e.g..legislation }piing etlmmmM
barring future claims I1--ere 11—d Ill,h. d1-1.11 There is no timing element
combined with 100%
zoz
IIILsrcsfi c,only.E—ted participation by
Agr—.,co Control litigating subdivisions) —1. c-"av—,l
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 tenn 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 rnulti-
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:
tte 1'Ions for the distrrib utim of opioW settlerrrient tura s
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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 fiends.
• 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: For Municipalities:
Colorado Counties, Inc. Colorado Municipal League
800 Grant, Ste 500 1144 N. Sherman St.
Denver, CO 80203 Denver, CO 80203
Email: Email: opioidsettlementL)cml.org
Kyley Burress KBurress(a ccionline.org
Katie First KFirstaccionline.org
If you have any questions, please reach out to Heidi Williams of the Colorado AG's office at
Heidi.WilliamsLa)coag_gov.
EXHIBIT K
Settlement Participation Form
Governmental Entity: State:
Authorized Official:
Address 1:
Address 2:
City, State, Zip:
Phone:
Email:
The governmental entity identified above ("Governmental Entity"), in order to obtain and in
consideration for the benefits provided to the Governmental Entity pursuant to the Settlement
Agreement dated July 21, 2021 ("Janssen Settlement"), and acting through the undersigned
authorized official, hereby elects to participate in the Janssen Settlement, release all Released
Claims against all Released Entities, and agrees as follows.
1. The Governmental Entity is aware of and has reviewed the Janssen Settlement,
understands that all terms in this Election and Release have the meanings defined therein,
and agrees that by this Election, the Governmental Entity elects to participate in the
Janssen Settlement and become a Participating Subdivision as provided therein.
2. The Governmental Entity shall, within 14 days of the Reference Date and prior to the
filing of the Consent Judgment, dismiss with prejudice any Released Claims that it has
filed.
3. The Governmental Entity agrees to the terms of the Janssen Settlement pertaining to
Subdivisions as defined therein.
4. By agreeing to the terms of the Janssen Settlement and becoming a Releasor, the
Governmental Entity is entitled to the benefits provided therein, including, if applicable,
monetary payments beginning after the Effective Date.
5. The Governmental Entity agrees to use any monies it receives through the Janssen
Settlement solely for the purposes provided therein.
6. The Governmental Entity submits to the jurisdiction of the court in the Governmental
Entity's state where the Consent Judgment is filed for purposes limited to that court's role
as provided in, and for resolving disputes to the extent provided in, the Janssen
Settlement.
7. The Governmental Entity has the right to enforce the Janssen Settlement as provided
therein.
86
revised July 30, 2021
8. The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for
all purposes in the Janssen Settlement, including but not limited to all provisions of
Section IV (Release), and along with all departments, agencies, divisions, boards,
commissions, districts, instrumentalities of any kind and attorneys, and any person in
their official capacity elected or appointed to serve any of the foregoing and any agency,
person, or other entity claiming by or through any of the foregoing, and any other entity
identified in the definition of Releasor, provides for a release to the fullest extent of its
authority. As a Releasor, the Governmental Entity hereby absolutely, unconditionally,
and irrevocably covenants not to bring, file, or claim, or to cause, assist or permit to be
brought, filed, or claimed, or to otherwise seek to establish liability for any Released
Claims against any Released Entity in any forum whatsoever. The releases provided for
in the Janssen Settlement are intended by the Parties to be broad and shall be interpreted
so as to give the Released Entities the broadest possible bar against any liability relating
in any way to Released Claims and extend to the full extent of the power of the
Governmental Entity to release claims. The Janssen Settlement shall be a complete bar to
any Released Claim.
9. In connection with the releases provided for in the Janssen Settlement, each
Governmental Entity expressly waives, releases, and forever discharges any and all
provisions, rights, and benefits conferred by any law of any state or territory of the
United States or other jurisdiction, or principle of common law, which is similar,
comparable, or equivalent to § 1542 of the California Civil Code, which reads:
General Release; extent. A general release does not extend to claims that
the creditor or releasing party does not know or suspect to exist in his or
her favor at the time of executing the release that, if known by him or her,
would have materially affected his or her settlement with the debtor or
released party.
A Releasor may hereafter discover facts other than or different from those which it
knows, believes, or assumes to be true with respect to the Released Claims, but each
Governmental Entity hereby expressly waives and fully, finally, and forever settles,
releases and discharges, upon the Effective Date, any and all Released Claims that may
exist as of such date but which Releasors do not know or suspect to exist, whether
through ignorance, oversight, error, negligence or through no fault whatsoever, and
which, if known, would materially affect the Governmental Entities' decision to
participate in the Janssen Settlement.
10. Nothing herein is intended to modify in any way the terms of the Janssen Settlement, to
which Governmental Entity hereby agrees. To the extent this Election and Release is
interpreted differently from the Janssen Settlement in any respect, the Janssen Settlement
controls.
87
revised Jtirly 30, 2021
I have all necessary power and authorization to execute this Election and Release on behalf of
the Governmental Entity.
Signature:
Name:
Title:
Date:
88
revised July 30, 2021
DISTRIBUTORS' 9.18.21
EXHIBIT UPDATES
EXHIBIT K
Subdivision Settlement Participation Form
Governmental Entity: State:
Authorized Official:
Address 1:
Address 2:
City, State, Zip:
Phone:
Email:
The governmental entity identified above ("Governmental Entity"), in order to obtain and
in consideration for the benefits provided to the Governmental Entity pursuant to the Settlement
Agreement dated July 21, 2021 ("Distributor Settlement"), and acting through the undersigned
authorized official, hereby elects to participate in the Distributor Settlement, release all Released
Claims against all Released Entities, and agrees as follows.
1. The Governmental Entity is aware of and has reviewed the Distributor Settlement,
understands that all terms in this Participation Form have the meanings defined therein,
and agrees that by signing this Participation Form, the Governmental Entity elects to
participate in the Distributor Settlement and become a Participating Subdivision as
provided therein.
2. The Governmental Entity shall, within 14 days of the Reference Date and prior to the
filing of the Consent Judgment, secure the dismissal with prejudice of any Released
Claims that it has filed.
3. The Governmental Entity agrees to the terms of the Distributor Settlement pertaining to
Subdivisions as defined therein.
4. By agreeing to the terms of the Distributor Settlement and becoming a Releasor, the
Governmental Entity is entitled to the benefits provided therein, including, if applicable,
monetary payments beginning after the Effective Date.
5. The Governmental Entity agrees to use any monies it receives through the Distributor
Settlement solely for the purposes provided therein.
6. The Governmental Entity submits to the jurisdiction of the court in the Governmental
Entity's state where the Consent Judgment is filed for purposes limited to that court's role
as provided in, and for resolving disputes to the extent provided in, the Distributor
Settlement. The Governmental Entity likewise agrees to arbitrate before the National
Arbitration Panel as provided in, and for resolving disputes to the extent otherwise
provided in, the Distributor Settlement.
K-1
DISTRIBUTORS' 9.18.21
EXHIBIT UPDATES
7. The Governmental Entity has the right to enforce the Distributor Settlement as provided
therein.
8. The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for
all purposes in the Distributor Settlement, including, but not limited to, all provisions of
Part XI, and along with all departments, agencies, divisions, boards, commissions,
districts, instrumentalities of any kind and attorneys, and any person in their official
capacity elected or appointed to serve any of the foregoing and any agency,person, or
other entity claiming by or through any of the foregoing, and any other entity identified in
the definition of Releasor, provides for a release to the fullest extent of its authority. As a
Releasor, the Governmental Entity hereby absolutely, unconditionally, and irrevocably
covenants not to bring, file, or claim, or to cause, assist or pen-nit to be brought, filed, or
claimed, or to otherwise seek to establish liability for any Released Claims against any
Released Entity in any forum whatsoever. The releases provided for in the Distributor
Settlement are intended by the Parties to be broad and shall be interpreted so as to give
the Released Entities the broadest possible bar against any liability relating in any way to
Released Claims and extend to the full extent of the power of the Governmental Entity to
release claims. The Distributor Settlement shall be a complete bar to any Released
Claim.
9. The Governmental Entity hereby takes on all rights and obligations of a Participating
Subdivision as set forth in the Distributor Settlement.
10. In connection with the releases provided for in the Distributor Settlement, each
Governmental Entity expressly waives, releases, and forever discharges any and all
provisions, rights, and benefits conferred by any law of any state or territory of the
United States or other jurisdiction, or principle of common law, which is similar,
comparable, or equivalent to § 1542 of the California Civil Code, which reads:
General Release; extent. A general release does not extend to claims that
the creditor or releasing party does not know or suspect to exist in his or
her favor at the time of executing the release, and that if known by him or
her would have materially affected his or her settlement with the debtor or
released party.
A Releasor may hereafter discover facts other than or different from those which it
knows, believes, or assumes to be true with respect to the Released Claims, but each
Governmental Entity hereby expressly waives and fully, finally, and forever settles,
releases and discharges, upon the Effective Date, any and all Released Claims that may
exist as of such date but which Releasors do not know or suspect to exist, whether
through ignorance, oversight, error, negligence or through no fault whatsoever, and
which, if known, would materially affect the Governmental Entities' decision to
participate in the Distributor Settlement.
K-2
DISTRIBUTORS' 9.18.21
EXHIBIT UPDATES
11. Nothing herein is intended to modify in any way the terms of the Distributor Settlement,
to which Governmental Entity hereby agrees. To the extent this Participation Form is
interpreted differently from the Distributor Settlement in any respect, the Distributor
Settlement controls.
I have all necessary power and authorization to execute this Participation Form on behalf of the
Governmental Entity.
Signature:
Name:
Title:
Date:
K-3
Colorado Subdivision Escrow Agreement
Governmental Entity: State: CO
Authorized Official:
Address 1:
Address 2:
City, State, Zip:
Phone:
Email:
The governmental entity identified above ("Governmental Entity") hereby provides Colorado
Counties, Inc. (for counties) or the Colorado Municipal League (for municipalities) ("Escrow
Agen(") the enclosed copies of the Governmental Entity's endorsed Subdivision Settlement
Participation Forms and the Colorado Opioids Settlement Memorandum of Understanding
("Colorado MOU"), to be held in escrow. The Subdivision Settlement Participation Forrns apply
respectively to (1) the National Settlement Agreement with McKesson Corporation, Cardinal
Health, Inc., and AmerisourceBergen Corporation, dated July 21, 2021 ("Distributor
Settlenaefit"); and (2) the National Settlement Agreement with Janssen Pharmaceuticals, Inc., and
its parent company Johnson& Johnson, dated July 21, 2021 ("J&JSettlement"). Pursuant to this
Agreement, the Subdivision Settlement Participation Forms and the Colorado MOU will be
released only if there is 95%participation by local governments in Colorado as further explained
below.
Purpose of this Agreement
By endorsing a Subdivision Settlement Participation Form in the Distributor Settlement and the
J&J Settlement, a governmental entity agrees to participate in those settlements and release any
legal claims it has or may have against those settling pharmaceutical companies. This Colorado
Subdivision Escrow Agreement is meant to ensure that the legal claims of governmental entities
in Colorado will be released only when 95%participation by certain governmental entities has
been reached. That 95% participation threshold is important because it signals to the settling
pharmaceutical companies that the settlement has wide acceptance which will then secure
significant incentive payments under these settlement agreements.
Escrow
The Escrow Agent shall promptly report the receipt of any Governmental Entity's endorsed
Subdivision Settlement Participation Forins and Colorado MOUS to the Colorado Attorney
General's Office and to the law irnl of Keller Rohrback L.L.P. These documents shall be
released by the Escrow Agent to the Colorado Attorney General's Office if and when the Escrow
Agent is notified by the Attorney General's Office and Keller Rohrback that that the threshold
95%participation levels have been reached for both the Distributor Settlement and the J&J
Settlement, as further described below. If by December 29, 2021, the Escrow Agent has not
received notification that the threshold 95% levels have been reached for both the Distributor
Settlement and the J&J Settlements, then the documents being escrowed shall be returned to the
Governmental Entities and all copies shall be destroyed.
Distributor Settlement
The Attorney General's Office and Keller Rohrback shall jointly submit a written notification to
the Escrow Agent when it has been determined that the percentages of populations eligible for
Incentives B and C, as described in Sections IV.F.2 and IV.F.3 of the Distributor Settlement, are
each 95% or more. For purposes of this Escrow Agreement, the percentages of populations
eligible for Incentives B and C under the Distributor Settlement will include governmental
entities that sign a Subdivision Settlement Participation Form subject to an escrow agreement
and governmental entities that sign a Subdivision Settlement Participation Form that is not
subject to an escrow agreement.
J&J Settlement
The Attorney General's Office and Keller Rohrback shall jointly submit a written notification to
the Escrow Agent when it has been determined that the Participation or Case-Specific Resolution
Levels for Incentives B and C, as described in Sections V.E.5 and V.E.6 of the J&J Settlement,
are each 95% or more. For purposes of this Escrow Agreement, the percentages or populations
eligible for Incentives B and C under the J&J Settlement will include governmental entities that
sign a Subdivision Settlement Participation Form subject to an escrow agreement and
governmental entities that sign a Subdivision Settlement Participation Form that is not subject to
an escrow agreement.
Colorado Subdivision Name
Authorized Signature Date
TOWN OF FRASER
COMBINED CASH INVESTMENT
JULY 31,2021
COMBINED CASH ACCOUNTS
01-10200 GENERAL CHECKING#878-000884 332,820.68
01-10215 XPRESS DEPOSIT ACCOUNT 123,917.91
01-10220 GENERAL CO-01-0160-8001 15,645,547.88
TOTAL COMBINED CASH 16,102,286.47
01-10100 CASH ALLOCATED TO OTHER FUNDS ( 16,102,286.47)
TOTAL UNALLOCATED CASH .00
CASH ALLOCATION RECONCILIATION
10 ALLOCATION TO GENERAL FUND 7,682,801.28
12 ALLOCATION TO RESTRICTED REVENUE FUND 589,982.21
20 ALLOCATION TO CONSERVATION TRUST FUND 24,851.74
30 ALLOCATION TO CAPITAL EQUIP REPLACEMENT FUND 135,904.04
32 ALLOCATION TO CAPITAL ASSET FUND ( 246,458.75)
35 ALLOCATION TO CROS FUND 206,084.82
40 ALLOCATION TO DEBT SERVICE FUND 35,533.21
50 ALLOCATION TO WATER FUND 2,271,418.53
55 ALLOCATION TO WASTEWATER FUND 5,402,169.39
TOTAL ALLOCATIONS TO OTHER FUNDS 16,102,286.47
ALLOCATION FROM COMBINED CASH FUND-01-10100 ( 16,102,286.47)
ZERO PROOF IF ALLOCATIONS BALANCE .00
TOWN OF FRASER
BALANCE SHEET
JULY 31,2021
GENERALFUND
ASSETS
10-10100 CASH-COMBINED FUND 7,682,801.28
10-11100 PROPERTY TAXES RECEIVABLE 352,669.00
10-11550 ACCTS REG-BILLINGS 28,127.75
10-11600 MISCELLANEOUS RECEIVABLES 1,298.78
TOTAL ASSETS 8,064,896.81
LIABILITIES AND EQUITY
LIABILITIES
10-20200 ACCOUNTS PAYABLE TRADE 135,276.27
10-21730 STATE WITHHOLDING PAYABLE 5,133.00
10-21740 UNEMPLOYMENT TAXES PAYABLE 629.29
10-21760 HEALTH INSURANCE PAYABLE 19,095.11
10-21773 DEPENDENT CARE PAYABLE 3,535.80
10-21775 FLEX HEALTH PLAN PAYABLE 1,498.46
10-21900 ECONOMIC INCENTIVE FEE REBATE 45,038.00
10-22210 DEFERRED TAXES 352,669.00
10-22920 SUBDIVISION IMP SECURITY DEP 74,564.50
10-22950 RENTAL PROPERTY DEPOSITS HELD 500.00
TOTAL LIABILITIES 637,939.43
FUND EQUITY
10-27000 GF COMMITTED RESERVE BALANCE 1,000,000.00
10-27050 GF STRATEGIC RESERVES 1,100,000.00
10-27100 GF RESTRICTED RESERVE BALANCE 258,615.20
UNAPPROPRIATED FUND BALANCE:
REVENUE OVER EXPENDITURES-YTD 5,068,342.18
BALANCE-CURRENT DATE 5,068,342.18
TOTAL FUND EQUITY 7,426,957.38
TOTAL LIABILITIES AND EQUITY 8,064,896.81
TOWN OF FRASER
REVENUES WITH COMPARISON TO BUDGET
FOR THE 7 MONTHS ENDING JULY 31,2021
GENERALFUND
PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT
TAXES
10-31-100 GENERAL FUND PROPERTY TAX 76,079.67 340,093.14 350,000.00 9,906.86 97.2
10-31-200 SPECIFIC OWNERSHIP TAX 1,952.09 13,130.71 12,000.00 ( 1,130.71) 109.4
10-31-300 MOTOR VEHICLE TAX .00 .00 4,500.00 4,500.00 .0
10-31-400 TOWN SALES TAX 256,931.43 1,574,731.94 2,750,000.00 1,175,268.06 57.3
10-31-410 USE TAX-BUILDING MATERIALS 61,466.94 388,531.21 100,000.00 ( 288,531.21) 388.5
10-31-420 USE TAX-MOTOR VEHICLE SALES 22,068.03 106,124.06 65,000.00 ( 41,124.06) 163.3
10-31-430 STATE CIGARETTE TAX 455.31 1,057.01 3,200.00 2,142.99 33.0
10-31-800 FRANCHISE FEES 16,919.64 58,592.80 55,000.00 ( 3,592.80) 106.5
TOTAL TAXES 435,873.11 2,482,260.87 3,339,700.00 857,439.13 74.3
LICENSES&PERMITS
10-32-100 BUSINESS LICENSE FEES 1,880.00 10,320.00 15,000.00 4,680.00 68.8
10-32-110 REGULATED INDUSTRY FEES/TAXES 20,660.94 129,187.34 120,000.00 ( 9,187.34) 107.7
TOTAL LICENSES&PERMITS 22,540.94 139,507.34 135,000.00 ( 4,507.34) 103.3
INTERGOVERNMENTAL
10-33-100 GRANTS .00 201,644.89 .00 ( 201,644.89) .0
TOTAL INTERGOVERNMENTAL .00 201,644.89 .00 ( 201,644.89) .0
CHARGES FOR SERVICES
10-34-100 ANNEXATION FEES .00 .00 1,000.00 1,000.00 .0
10-34-110 ZONING FEES .00 250.00 1,500.00 1.250.00 16.7
10-34-120 SUBDIVISION FEES .00 24,400.00 1,500.00 ( 22,900.00) 1626.7
10-34-130 MISCELLANEOUS PLANNING FEES .00 80.00 1,000.00 920.00 8.0
10-34-300 PAYT 10,524.50 45,927.75 35,000.00 ( 10,927.75) 131.2
TOTAL CHARGES FOR SERVICES 10,524.50 70,657.75 40,000.00 ( 30,657.75) 176.6
MISCELLANEOUS REVENUE
10-36-100 INTEREST EARNINGS 211.30 2,416.22 35,000.00 32,583.78 6.9
10-36-300 RENTAL INCOME 542.00 4,337.00 12,000.00 7,663.00 36.1
10-36-600 COMMUNITY HOUSING 2,700.00 10,200.00 15,000.00 4,800.00 68.0
10-36-610 REIMBURSABLE-PROF SERVICES 2,740.21 36,003.69 50,000.00 13,996.31 72.0
10-36-630 DISPOSABLE BAG FEES 4,623.12 7,136.76 10,000.00 2,863.24 71.4
10-36-900 MISCELLANEOUS REVENUE 3,854.21 33,009.23 30,500.00 ( 2,509.23) 108.2
TOTAL MISCELLANEOUS REVENUE 14,670.84 93,102.90 152,500.00 59,397.10 61.1
TOWN OF FRASER
REVENUES WITH COMPARISON TO BUDGET
FOR THE 7 MONTHS ENDING JULY 31,2021
GENERALFUND
PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT
OTHER SOURCES&TRANSFERS
10-39-920 TRANSFER IN FROM GF RESERVES .00 .00 6,379.00 6,379.00 .0
10-39-999 UNASSIGNED FUND BALANCE .00 4,172,073.08 2,508,918.15 ( 1,663,154.93) 166.3
TOTAL OTHER SOURCES&TRANSFERS .00 4,172,073.08 2,515,297.15 ( 1,656,775.93) 165.9
TOTAL FUND REVENUE 483,609.39 7,159,246.83 6,182,497.15 ( 976,749.68) 115.8
TOWN OF FRASER
EXPENDITURES WITH COMPARISON TO BUDGET
FOR THE 7 MONTHS ENDING JULY 31,2021
GENERALFUND
PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT
TOWN BOARD
10-41-110 SALARIES .00 16,750.00 35,000.00 18,250.00 47.9
10-41-220 FICATAX .00 1,143.70 3,825.00 2,681.30 29.9
10-41-280 TRAINING PROGRAMS .00 10.00 6,000.00 5,990.00 .2
10-41-290 TRAVEL,MEALS AND LODGING .00 2,590.16 5,500.00 2,909.84 47.1
10-41-295 MEALS AND ENTERTAINMENT .00 2,767.79 10,000.00 7,232.21 27.7
10-41-690 MISCELLANEOUS EXPENSE 3,375.00 5,211.66 10,500.00 5,288.34 49.6
10-41-860 GRANTS AND AID TOAGENCIES .00 650.00 5,000.00 4,350.00 13.0
10-41-861 INTERGOVERNMENTAL AGREEMENTS .00 .00 5,000.00 5,000.00 .0
10-41-862 FRASER/WINTER PARK POLICE DEPT 54,841.00 383,887.00 650,000.00 266,113.00 59.1
10-41-863 STREET LIGHTING AND SIGNALS 1,258.10 7,746.05 22,750.00 15,003.95 34.1
10-41-864 SPECIAL EVENTS 4,745.00 13,948.86 15,000.00 1.051.14 93.0
10-41-870 BUSINESS DIST STREETSCAPE .00 4,000.00 5,000.00 1,000.00 80.0
10-41-871 BUSINESS ENHANCEMENT PROGRAMS 70,000.00 100,500.00 82,500.00 ( 18,000.00) 121.8
10-41-872 SUSTAINABILITY .00 .00 15,000.00 15,000.00 .0
10-41-873 RECYCLE FACILITY 4,147.47 43,058.30 50,000.00 6,941.70 86.1
10-41-874 COMMUNITY HOUSING .00 .00 750,000.00 750,000.00 .0
10-41-875 MARKETING 3,625.00 9,020.04 25,000.00 15,979.96 36.1
TOTAL TOWN BOARD 141,991.57 591,283.56 1,696,075.00 1,104,791.44 34.9
TOWN OF FRASER
EXPENDITURES WITH COMPARISON TO BUDGET
FOR THE 7 MONTHS ENDING JULY 31,2021
GENERALFUND
PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT
ADMINISTRATION
10-45-110 SALARIES 36,173.84 293,665.28 500,000.00 206,334.72 58.7
10-45-210 HEALTH INSURANCE 4,585.29 45,243.33 90,000.00 44,756.67 50.3
10-45-220 FICATAX 2,626.29 16,913.78 32,000.00 15,086.22 52.9
10-45-230 RETIREMENT 1,920.05 13,258.22 20,000.00 6,741.78 66.3
10-45-250 UNEMPLOYMENT TAX 108.53 704.30 1,200.00 495.70 58.7
10-45-280 TRAINING PROGRAMS 540.00 2,297.50 8,000.00 5,702.50 28.7
10-45-290 TRAVEL,MEALS AND LODGING .00 12,044.42 10,000.00 ( 2,044.42) 120.4
10-45-295 MEALS AND ENTERTAINMENT 48.03 4,185.49 6,000.00 1.814.51 69.8
10-45-310 LEGAL FEES 770.00 67,011.40 175,000.00 107,988.60 38.3
10-45-320 AUDIT FEES 2,950.00 20,250.00 18,200.00 ( 2,050.00) 111.3
10-45-330 ENGINEERING FEES .00 .00 3,500.00 3,500.00 .0
10-45-360 COMPUTERS-NETWORKS AND SUPPORT 8,650.92 54,266.37 90,000.00 35,733.63 60.3
10-45-370 OTHER PROFESSIONAL SERVICES 4,192.86 31,355.60 90,000.00 58,644.40 34.8
10-45-375 REIMBURSABLE PROF SERVICES 1,078.90 23,050.24 50,000.00 26,949.76 46.1
10-45-380 JANITORIAL SERVICES 915.56 7,379.44 15,918.12 8,538.68 46.4
10-45-385 TREASURER'S FEES 1,521.61 6,803.05 7,725.00 921.95 88.1
10-45-395 RECORDING FEES .00 750.00 1,500.00 750.00 50.0
10-45-410 BANK CHARGES 493.37 5,058.06 8,000.00 2,941.94 63.2
10-45-420 ELECTIONS .00 .00 5,000.00 5,000.00 .0
10-45-430 INSURANCE-ALL DEPARTMENTS 32,738.96 106,903.57 75,000.00 ( 31,903.57) 142.5
10-45-440 ADVERTISING .00 760.03 2,500.00 1,739.97 30.4
10-45-490 PROFESSIONAL MEMBERSHIPS 490.00 10,190.27 12,000.00 1,809.73 84.9
10-45-500 OPERATING SUPPLIES 1,046.31 6,530.65 15,435.00 8.904.35 42.3
10-45-510 EQUIPMENT PURCHASE AND REPAIR .00 209.99 10,000.00 9,790.01 2.1
10-45-550 POSTAGE 91.77 1,212.32 2,500.00 1,287.68 48.5
10-45-560 UTILITIES-TELEPHONE 221.95 4,609.34 7,500.00 2,890.66 61.5
10-45-561 UTILITIES-NATURAL GAS 132.09 1,824.49 3,500.00 1,675.51 52.1
10-45-562 UTILITIES-ELECTRICITY 678.89 5,670.66 6,400.00 729.34 88.6
10-45-670 PROP MGMT-107 EISENHOWER DR 969.24 10,495.61 20,000.00 9,504.39 52.5
10-45-671 PROP MGMT-105 FRASER AVE 39.59 84.18 500.00 415.82 16.8
10-45-673 PROP MGMT-153 FRASER AVE 419.26 9,737.94 60,000.00 50,262.06 16.2
10-45-674 PROP MGMT-200 EISENHOWER DR .00 .00 500.00 500.00 .0
10-45-690 MISCELLANEOUS EXPENSE 3,375.00 6,050.43 20,000.00 13,949.57 30.3
10-45-740 CAPITAL PURCHASES .00 81.94 .00 ( 81.94) .0
10-45-830 LOAN-PRINCIPAL 382.75 37,262.61 .00 ( 37,262.61) .0
10-45-840 LOAN-INTEREST 5.63 67.67 .00 ( 67.67) .0
TOTAL ADMINISTRATION 107,166.69 805,928.18 1,367,878.12 561,949.94 58.9
TOWN OF FRASER
EXPENDITURES WITH COMPARISON TO BUDGET
FOR THE 7 MONTHS ENDING JULY 31,2021
GENERALFUND
PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT
PUBLIC WORKS
10-60-110 SALARIES 37,054.07 323,921.28 735,000.00 411,078.72 44.1
10-60-210 HEALTH INSURANCE 6,129.20 88,130.60 215,000.00 126,869.40 41.0
10-60-220 FICATAX 2,506.79 22,235.48 58,000.00 35,764.52 38.3
10-60-230 RETIREMENT 1,649.88 14,811.01 33,000.00 18,188.99 44.9
10-60-250 UNEMPLOYMENT TAX 111.35 978.50 2,350.00 1,371.50 41.6
10-60-280 TRAINING PROGRAMS .00 1,085.00 3,500.00 2,415.00 31.0
10-60-290 TRAVEL,MEALS AND LODGING .00 .00 2,500.00 2,500.00 .0
10-60-295 MEALS AND ENTERTAINMENT .00 81.22 1,500.00 1,418.78 5.4
10-60-330 ENGINEERING FEES .00 .00 50,000.00 50,000.00 .0
10-60-360 COMPUTER NETWORK SUPPORT 3,480.78 29,981.81 33,075.00 3.093.19 90.7
10-60-370 OTHER PROFESSIONAL SERVICES 1,708.56 5,561.42 90,000.00 84,438.58 6.2
10-60-480 EQUIPMENT RENTAL .00 2,418.20 2,500.00 81.80 96.7
10-60-490 PROFESSIONAL MEMBERSHIPS .00 1,000.75 1,000.00 ( .75) 100.1
10-60-500 OPERATING SUPPLIES 9,192.04 71,287.55 90,000.00 18,712.45 79.2
10-60-506 PLANTS/PLANTER SUPPLIES 4,462.86 16,735.18 70,000.00 53,264.82 23.9
10-60-510 EQUIPMENT PURCHASE AND REPAIR 2,931.12 40,110.24 75,000.00 34,889.76 53.5
10-60-560 UTILITIES-TELEPHONE 226.66 2,392.31 4,000.00 1,607.69 59.8
10-60-561 UTILITIES-NATURAL GAS 122.32 3,013.24 5,000.00 1,986.76 60.3
10-60-670 PROP MGMT-125 FRASER AVE 129.99 4,453.84 7,500.00 3,046.16 59.4
10-60-673 PROP MGMT-FRASER RIVER TRAIL 108.18 1,418.19 10,000.00 8,581.81 14.2
10-60-674 PROP MGMT-HWY 40 PEDESTRIAN .00 .00 6,000.00 6,000.00 .0
10-60-675 PROP MGMT-KOPPERS PARK .00 .00 1,500.00 1,500.00 .0
10-60-676 PROP MGMT-OLD SCHLHOUSE PK 108.18 216.37 5,000.00 4,783.63 4.3
10-60-679 PROP MGMT-SCHOOL BUS GARAGE 378.86 4,856.00 5,000.00 144.00 97.1
10-60-681 PROP MGMT-COZENS RANCH PARK 2,203.35 7,224.02 15,000.00 7,775.98 48.2
10-60-684 PROP MGMT-FRODO 807.50 807.50 5,000.00 4,192.50 16.2
10-60-685 PROP MGMT-MTN MAN PARK 108.18 216.36 500.00 283.64 43.3
10-60-686 GORANSON STATION .00 .00 500.00 500.00 .0
10-60-687 PROP MGMT-6 W .00 762.80 5,000.00 4,237.20 15.3
10-60-690 MISCELLANEOUS EXPENSE 2,255.53 7,724.77 8,000.00 275.23 96.6
10-60-740 ART IN PUBLIC PLACES 4,346.67 20,509.75 90,000.00 69,490.25 22.8
TOTAL PUBLIC WORKS 80,022.07 671,933.39 1,630,425.00 958,491.61 41.2
120 ZEREX AVENUE
10-65-380 JANITORIAL SERVICES 1,395.00 8,267.10 15,000.00 6,732.90 55.1
10-65-561 UTILITIES-NATURAL GAS .00 640.14 1,236.36 596.22 51.8
10-65-562 UTILITIES-ELECTRICITY 111.08 705.93 1,236.36 530.43 57.1
10-65-670 PROP MGMT-120 ZEREX .00 533.24 5,000.00 4,466.76 10.7
TOTAL 120 ZEREX AVENUE 1,506.08 10,146.41 22,472.72 12,326.31 45.2
TOWN OF FRASER
EXPENDITURES WITH COMPARISON TO BUDGET
FOR THE 7 MONTHS ENDING JULY 31,2021
GENERALFUND
PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT
TRANSFERS
10-90-920 TRANSFER TO CERF-POLICE DEPT .00 .00 60,000.00 60,000.00 .0
10-90-930 TRANSFER TO CERF-PUBLICWORKS .00 .00 50,000.00 50,000.00 .0
10-90-935 TRANSFER TO CAF .00 .00 550,000.00 550,000.00 .0
10-90-960 TRANSFER TO CROS .00 .00 326,379.00 326,379.00 .0
10-90-970 TRANSFER TO COMMITTED RESERVES .00 .00 75,500.00 75,500.00 .0
10-90-980 TRANSFER TO STRATEGIC RESERVES .00 .00 400,000.00 400,000.00 .0
TOTAL TRANSFERS .00 .00 1,461,879.00 1,461,879.00 .0
FISCALAGENT
10-95-110 SALARIES ( 8,479.72) 8,460.00 .00 ( 8,460.00) .0
10-95-210 HEALTH INSURANCE ( 2,464.67) 2,112.53 .00 ( 2,112.53) .0
10-95-220 FICA TAX ( 585.49) 580.59 .00 ( 580.59) .0
10-95-230 RETIREMENT ( 442.22) 392.16 .00 ( 392.16) .0
10-95-250 UNEMPLOYMENT TAX ( .12) 50.82 .00 ( 50.82) .0
10-95-560 TELEPHONE ( 43.00) .00 .00 .00 .0
10-95-690 MISC.PAYROLL EXPENSE 17.01 17.01 .00 ( 17.01) .0
TOTAL FISCAL AGENT ( 11,998.21) 11,613.11 .00 ( 11,613.11) .0
TOTAL FUND EXPENDITURES 318,688.20 2,090,904.65 6,178,729.84 4,087,825.19 33.8
NET REVENUE OVER EXPENDITURES 164,921.19 5,068,342.18 3,767.31 ( 5,064,574.87) 13453
TOWN OF FRASER
BALANCE SHEET
JULY 31,2021
RESTRICTED REVENUE FUND
ASSETS
12-10100 CASH COMBINED FUND 589,982.21
TOTAL ASSETS 589,982.21
LIABILITIES AND EQUITY
FUND EQUITY
UNAPPROPRIATED FUND BALANCE:
REVENUE OVER EXPENDITURES-YTD 589,982.21
BALANCE-CURRENT DATE 589,982.21
TOTAL FUND EQUITY 589,982.21
TOTAL LIABILITIES AND EQUITY 589,982.21
TOWN OF FRASER
REVENUES WITH COMPARISON TO BUDGET
FOR THE 7 MONTHS ENDING JULY 31,2021
RESTRICTED REVENUE FUND
PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT
TAXES
12-31-100 RESTRICTED 1%GF SALES TAX 64,232.86 393,682.99 687,500.00 293,817.01 57.3
12-31-800 INTEREST INCOME 16.65 171.95 500.00 328.05 34.4
TOTALTAXES 64,249.51 393,854.94 688,000.00 294,145.06 57.3
INTERGOVENMENTAL
12-33-100 GRANTS&AID TOAGENCIES .00 .00 11,000.00 11,000.00 .0
TOTAL INTERGOVENMENTAL .00 .00 11,000.00 11,000.00 .0
OTHER SOURCES
12-39-999 UNASSIGNED FUND BALANCE .00 537,576.89 38,838.25 ( 498,738.64) 1384.1
TOTAL OTHER SOURCES .00 537,576.89 38,838.25 ( 498,738.64) 1384.1
TOTAL FUND REVENUE 64,249.51 931,431.83 737,838.25 ( 193,593.58) 126.2
TOWN OF FRASER
EXPENDITURES WITH COMPARISON TO BUDGET
FOR THE 7 MONTHS ENDING JULY 31,2021
RESTRICTED REVENUE FUND
PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT
EXPENDITURES
12-40-610 TRANSPORTATION O&M 78,292.73 341,395.56 680,000.00 338,604.44 50.2
12-40-710 TRAILS O&M .00 54.06 20,000.00 19,945.94 .3
12-40-715 TRAILS-CAPITAL EXPENDITURES .00 .00 35,000.00 35,000.00 .0
TOTAL EXPENDITURES 78,292.73 341,449.62 735,000.00 393,550.38 46.5
TOTAL FUND EXPENDITURES 78,292.73 341,449.62 735,000.00 393,550.38 46.5
NET REVENUE OVER EXPENDITURES ( 14,043.22) 589,982.21 2,838.25 ( 587,143.96) 20786.
TOWN OF FRASER
BALANCE SHEET
JULY 31,2021
CONSERVATION TRUST FUND
ASSETS
20-10100 CASH-COMBINED FUND 24,851.74
TOTAL ASSETS 24,851.74
LIABILITIES AND EQUITY
FUND EQUITY
UNAPPROPRIATED FUND BALANCE:
REVENUE OVER EXPENDITURES-YTD 24,851.74
BALANCE-CURRENT DATE 24,851.74
TOTAL FUND EQUITY 24,851.74
TOTAL LIABILITIES AND EQUITY 24,851.74
TOWN OF FRASER
REVENUES WITH COMPARISON TO BUDGET
FOR THE 7 MONTHS ENDING JULY 31,2021
CONSERVATION TRUST FUND
PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT
REVENUE
20-30-100 CONS TRUST(LOTTERY)PROCEEDS .00 4,236.26 6,800.00 2,563.74 62.3
20-30-800 INTEREST EARNINGS .69 7.94 75.00 67.06 10.6
20-30-999 UNASSIGNED FUND BALANCE .00 20,607.54 20,637.32 29.78 99.9
TOTAL REVENUE .69 24,851.74 27,512.32 2,660.58 90.3
TOTAL FUND REVENUE .69 24,851.74 27,512.32 2,660.58 90.3
TOWN OF FRASER
EXPENDITURES WITH COMPARISON TO BUDGET
FOR THE 7 MONTHS ENDING JULY 31,2021
CONSERVATION TRUST FUND
PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT
EXPENDITURES
20-40-920 TRANSFER TO OTHER FUNDS .00 .00 10,000.00 10,000.00 .0
TOTAL EXPENDITURES .00 .00 10,000.00 10,000.00 .0
TOTAL FUND EXPENDITURES .00 .00 10,000.00 10,000.00 .0
NET REVENUE OVER EXPENDITURES .69 24,851.74 17,512.32 ( 7,339.42) 141.9
TOWN OF FRASER
BALANCE SHEET
JULY 31,2021
CAPITAL EQUIP REPLACEMENT FUND
ASSETS
30-10100 CASH-COMBINED FUND 135,904.04
TOTAL ASSETS 135,904.04
LIABILITIES AND EQUITY
FUND EQUITY
UNAPPROPRIATED FUND BALANCE:
REVENUE OVER EXPENDITURES-YTD 135,904.04
BALANCE-CURRENT DATE 135,904.04
TOTAL FUND EQUITY 135,904.04
TOTAL LIABILITIES AND EQUITY 135,904.04
TOWN OF FRASER
REVENUES WITH COMPARISON TO BUDGET
FOR THE 7 MONTHS ENDING JULY 31,2021
CAPITAL EQUIP REPLACEMENT FUND
PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT
REVENUE
30-30-100 HWY USE TAX PROCEEDS 4,235.83 24,003.76 47,393.85 23,390.09 50.7
30-30-800 INTEREST EARNINGS 3.70 65.15 2,500.00 2,434.85 2.6
30-30-900 TRANSFER FROM G/F-POLICEDEPT .00 .00 60,000.00 60,000.00 .0
30-30-910 TRANSFER FROM G/F-PUBLICWORK .00 .00 50,000.00 50,000.00 .0
30-30-920 TRANSFER FROM UTILITY FUNDS .00 .00 90,000.00 90,000.00 .0
30-30-999 UNASSIGNED FUND BALANCE .00 205,694.78 139,839.39 ( 65,855.39) 147.1
TOTAL REVENUE 4,239.53 229,763.69 389,733.24 159,969.55 59.0
TOTAL FUND REVENUE 4,239.53 229,763.69 389,733.24 159,969.55 59.0
TOWN OF FRASER
EXPENDITURES WITH COMPARISON TO BUDGET
FOR THE 7 MONTHS ENDING JULY 31,2021
CAPITAL EQUIP REPLACEMENT FUND
PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT
EXPENDITURES
30-40-745 PUBLIC SAFETY FLEET PURCHASE .00 .00 60,000.00 60,000.00 .0
30-40-755 HEAVY EQUIPMENT PURCHASE .00 .00 200,000.00 200,000.00 .0
30-40-810 LEASE/PURCHASE-PRINCIPAL 2,359.28 85,243.25 100,000.00 14,756.75 85.2
30-40-820 LEASE/PURCHASE-INTEREST 168.07 8,616.40 15,000.00 6,383.60 57.4
TOTAL EXPENDITURES 2,527.35 93,859.65 375,000.00 281,140.35 25.0
TOTAL FUND EXPENDITURES 2,527.35 93,859.65 375,000.00 281,140.35 25.0
NET REVENUE OVER EXPENDITURES 1,712.18 135,904.04 14,733.24 ( 121,170.80) 922.4
TOWN OF FRASER
BALANCE SHEET
JULY 31,2021
CAPITAL ASSET FUND
ASSETS
32-10100 CASH-COMBINED FUND ( 246,458.75)
TOTALASSETS ( 246,458.75)
LIABILITIES AND EQUITY
FUND EQUITY
UNAPPROPRIATED FUND BALANCE:
32-29800 FUND BALANCE-BEGINNING OF YR ( 276,568.37)
REVENUE OVER EXPENDITURES-YTD 30,109.62
BALANCE-CURRENT DATE ( 246,458.75)
TOTAL FUND EQUITY ( 246,458.75)
TOTAL LIABILITIES AND EQUITY ( 246,458.75)
TOWN OF FRASER
REVENUES WITH COMPARISON TO BUDGET
FOR THE 7 MONTHS ENDING JULY 31,2021
CAPITAL ASSET FUND
PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT
CAPITALASSET REVENUE
32-30-100 RESERVED FOR FUTURE USE .00 .00 80,000.00 80,000.00 .0
32-30-800 INTEREST EARNINGS ( 6.69) ( 83.49) .00 83.49 .0
32-30-910 TRANSFER IN FROM GENERAL FUND .00 .00 550,000.00 550,000.00 .0
32-30-999 UNASSIGNED FUND BALANCE .00 53,433.57 113,178.62 59,745.05 47.2
TOTAL CAPITAL ASSET REVENUE ( 6.69) 53,350.08 743,178.62 689,828.54 7.2
TOTAL FUND REVENUE ( 6.69) 53,350.08 743,178.62 689,828.54 7.2
TOWN OF FRASER
EXPENDITURES WITH COMPARISON TO BUDGET
FOR THE 7 MONTHS ENDING JULY 31,2021
CAPITAL ASSET FUND
PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT
CAPITALASSET EXPENDITURES
32-40-810 CAPITAL PROJ-STREETS EXISTING 3,694.38 15,689.86 740,000.00 724,310.14 2.1
32-40-820 CAPITAL PROJ-BUILDINGS EXIST .00 7,550.60 .00 ( 7,550.60) .0
TOTAL CAPITAL ASSET EXPENDITURES 3,694.38 23,240.46 740,000.00 716,759.54 3.1
TOTAL FUND EXPENDITURES 3,694.38 23,240.46 740,000.00 716,759.54 3.1
NET REVENUE OVER EXPENDITURES ( 3,701.07) 30,109.62 3,178.62 ( 26,931.00) 947.3
TOWN OF FRASER
BALANCE SHEET
JULY 31,2021
CROS FUND
ASSETS
35-10100 CASH COMBINED FUND 206,084.82
TOTAL ASSETS 206,084.82
LIABILITIES AND EQUITY
FUND EQUITY
UNAPPROPRIATED FUND BALANCE:
REVENUE OVER EXPENDITURES-YTD 206,084.82
BALANCE-CURRENT DATE 206,084.82
TOTAL FUND EQUITY 206,084.82
TOTAL LIABILITIES AND EQUITY 206,084.82
TOWN OF FRASER
REVENUES WITH COMPARISON TO BUDGET
FOR THE 7 MONTHS ENDING JULY 31,2021
CROS FUND
PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT
INTERGOVERNMENTAL-REVENUE
35-30-100 GRANTS AND AWARDS .00 .00 735,000.00 735,000.00 .0
35-30-130 INTEREST INCOME 5.72 77.95 .00 ( 77.95) .0
35-30-910 TRANSFER IN FROM GENERAL FUND .00 .00 326,379.00 326,379.00 .0
35-30-920 TRANSFER IN FROM CTF .00 .00 10,000.00 10,000.00 .0
35-30-999 CARRYOVER BALANCE .00 212,991.87 212,962.79 ( 29.08) 100.0
TOTAL INTERGOVERNMENTAL-REVENUE 5.72 213,069.82 1,284,341.79 1,071,271.97 16.6
TOTAL FUND REVENUE 5.72 213,069.82 1,284,341.79 1,071,271.97 16.6
TOWN OF FRASER
EXPENDITURES WITH COMPARISON TO BUDGET
FOR THE 7 MONTHS ENDING JULY 31,2021
CROS FUND
PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT
PROJECT WIDE SCOPE-EXPENSES
35-40-320 LANDSCAPE .00 .00 60,000.00 60,000.00 .0
35-40-330 PLAYGROUND .00 .00 600,000.00 600,000.00 .0
35-40-335 RESTROOMS .00 1,735.00 600,000.00 598,265.00 .3
35-40-340 TRAILS 1,292.35 5,250.00 .00 ( 5,250.00) .0
TOTAL PROJECT WIDE SCOPE-EXPENSES 1,292.35 6,985.00 1,260,000.00 1,253,015.00 .6
TOTAL FUND EXPENDITURES 1,292.35 6,985.00 1,260,000.00 1,253,015.00 .6
NET REVENUE OVER EXPENDITURES ( 1,286.63) 206,084.82 24,341.79 ( 181,743.03) 846.6
TOWN OF FRASER
BALANCE SHEET
JULY 31,2021
DEBT SERVICE FUND
ASSETS
40-10100 CASH-COMBINED FUND 35,533.21
TOTAL ASSETS 35,533.21
LIABILITIES AND EQUITY
FUND EQUITY
40-27100 DSF COMMITTED RESERVE BALANCE 33,693.16
UNAPPROPRIATED FUND BALANCE:
REVENUE OVER EXPENDITURES-YTD 1,840.05
BALANCE-CURRENT DATE 1,840.05
TOTAL FUND EQUITY 35,533.21
TOTAL LIABILITIES AND EQUITY 35,533.21
TOWN OF FRASER
REVENUES WITH COMPARISON TO BUDGET
FOR THE 7 MONTHS ENDING JULY 31,2021
DEBT SERVICE FUND
PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT
REVENUE
40-30-800 INTEREST EARNINGS .98 13.04 1,000.00 986.96 1.3
40-30-999 CARRYOVER BALANCE .00 1,827.01 2,572.53 745.52 71.0
TOTAL REVENUE .98 1,840.05 3,572.53 1,732.48 51.5
TOTAL FUND REVENUE .98 1,840.05 3,572.53 1,732.48 51.5
NET REVENUE OVER EXPENDITURES .98 1,840.05 3,572.53 1,732.48 51.5
TOWN OF FRASER
BALANCE SHEET
JULY 31,2021
WATER FUND
ASSETS
50-10100 CASH-COMBINED FUND 2,271,418.53
50-11500 A/R CUSTOMER SERVICE CHARGES 34,374.10
50-11560 A/R-DEFERRED PIF 444,033.34
50-16100 LAND 100,000.00
50-16200 BUILDINGS 3,040,174.49
50-16203 WELLS SYSTEM 958,079.74
50-16212 WATER DISTRIBUTION/STORAGE 10,159,161.12
50-16213 WELLS 1,083,397.93
50-16400 EQUIPMENT 353,994.02
50-16500 WATER RIGHTS 651,359.86
50-17900 ACCUMULATED DEPRECIATION ( 264,164.67)
50-17901 ACCUMULATED DEPR-BLDGS&IMPR ( 1,363,498.00)
50-17902 ACCUMULATED DEPR-SYSTEM&IMPR ( 5,134,042.00)
TOTAL ASSETS 12,334,288.46
LIABILITIES AND EQUITY
LIABILITIES
50-20776 DUE TO GRAND PARK-TAPS 377,300.00
50-21100 ACCRUED PTO AND BENEFITS 11,503.00
50-22910 ROAD CUT SURITY FEES 41,053.75
50-22920 BULK WATER SECURITY DEP 20,200.00
TOTAL LIABILITIES 450,056.75
FUND EQUITY
50-27000 WF COMMITTED RESERVE BALANCE 500,000.00
50-27050 WF STRATEGIC RESERVES 155,525.00
UNAPPROPRIATED FUND BALANCE:
50-29800 RETAINED EARNINGS 9,967,527.69
REVENUE OVER EXPENDITURES-YTD 1,261,179.02
BALANCE-CURRENT DATE 11,228,706.71
TOTAL FUND EQUITY 11,884,231.71
TOTAL LIABILITIES AND EQUITY 12,334,288.46
TOWN OF FRASER
REVENUES WITH COMPARISON TO BUDGET
FOR THE 7 MONTHS ENDING JULY 31,2021
WATER FUND
PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT
LICENSES&PERMITS
50-32-100 EXCAVATION PERMIT FEES .00 1,375.00 275.00 ( 1,100.00) 500.0
TOTAL LICENSES&PERMITS .00 1,375.00 275.00 ( 1,100.00) 500.0
CHARGES FOR SERVICES
50-34-100 CUSTOMER SERVICE CHARGES 433.67 539,382.14 1,100,000.00 560,617.86 49.0
50-34-150 PENALTIES&INTEREST 1,364.00 3,586.36 2,000.00 ( 1,586.36) 179.3
50-34-200 PLANT INVESTMENT FEES 38,500.00 294,140.00 7,700.00 ( 286,440.00) 3820.0
50-34-300 WATER METER SALES 8,480.00 59,516.99 50,000.00 ( 9,516.99) 119.0
TOTAL CHARGES FOR SERVICES 48,777.67 896,625.49 1,159,700.00 263,074.51 77.3
MISCELLANEOUS REVENUE
50-36-100 INTEREST EARNINGS 58.85 683.52 6,000.00 5,316.48 11.4
50-36-900 MISCELLANEOUS REVENUE 250.00 1,902.00 2,500.00 598.00 76.1
TOTAL MISCELLANEOUS REVENUE 308.85 2,585.52 8,500.00 5.914.48 30.4
OTHER SOURCES&TRANSFERS
50-39-999 UNASSIGNED FUND BALANCE .00 781,538.24 764,123.50 ( 17,414.74) 102.3
TOTAL OTHER SOURCES&TRANSFERS .00 781,538.24 764,123.50 ( 17,414.74) 102.3
TOTAL FUND REVENUE 49,086.52 1,682,124.25 1,932,598.50 250,474.25 87.0
TOWN OF FRASER
EXPENDITURES WITH COMPARISON TO BUDGET
FOR THE 7 MONTHS ENDING JULY 31,2021
WATER FUND
PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT
EXPENDITURES
50-40-110 SALARIES 23,705.80 171,128.74 310,000.00 138,871.26 55.2
50-40-210 HEALTH INSURANCE 2,677.09 36,524.69 80,000.00 43,475.31 45.7
50-40-220 FICATAX 1,700.88 12,247.20 25,000.00 12,752.80 49.0
50-40-230 RETIREMENT 1,299.80 9,851.29 15,000.00 5,148.71 65.7
50-40-250 UNEMPLOYMENT TAX 71.15 516.11 1,000.00 483.89 51.6
50-40-280 TRAINING PROGRAMS .00 672.50 3,500.00 2,827.50 19.2
50-40-290 TRAVEL,MEALS AND LODGING .00 79.30 3,500.00 3.420.70 2.3
50-40-295 MEALS AND ENTERTAINMENT .00 .00 2,000.00 2.000.00 .0
50-40-310 LEGAL FEES 3,705.00 31,393.00 65,000.00 33,607.00 48.3
50-40-330 ENGINEERING FEES 2,873.89 51,005.95 100,000.00 48,994.05 51.0
50-40-360 COMPUTERS-NETWORKS AND SUPPORT 5,391.25 12,089.57 7,000.00 ( 5,089.57) 172.7
50-40-370 OTHER PROFESSIONAL SERVICES 622.03 2,406.57 60,000.00 57,593.43 4.0
50-40-430 INSURANCE .00 .00 27,000.00 27,000.00 .0
50-40-440 ADVERTISING .00 .00 500.00 500.00 .0
50-40-460 SYSTEM REPAIR AND MAINT-PROD 139.22 9,363.11 160,000.00 150,636.89 5.9
50-40-465 SYSTEM REPAIR AND MAINT-DIST 3,939.67 7,965.89 265,000.00 257,034.11 3.0
50-40-490 PROFESSIONAL MEMBERSHIPS .00 5,232.12 9,500.00 4,267.88 55.1
50-40-500 OPERATING SUPPLIES-PRODUCTION 4,735.62 10,781.60 25,000.00 14,218.40 43.1
50-40-505 OPERATING SUPPLIES-DISTRIB 7.76 19,656.82 80,000.00 60,343.18 24.6
50-40-510 EQUIPMENT PURCHASE AND REPAIR .00 .00 15,000.00 15,000.00 .0
50-40-520 TESTING 432.26 1,062.10 10,000.00 8,937.90 10.6
50-40-550 POSTAGE&BILLING SUPPLIES 257.77 989.75 3,000.00 2,010.25 33.0
50-40-560 UTILITIES-TELEPHONE 1,638.08 6,703.77 10,000.00 3,296.23 67.0
50-40-562 UTILITIES-ELECTRICITY 3,604.60 21,606.28 50,000.00 28,393.72 43.2
50-40-670 PROP MGMT-FRASER WTP .00 .00 60,000.00 60,000.00 .0
50-40-680 PROP MGMT-MARYVALE WTP .00 .00 8,000.00 8,000.00 .0
50-40-690 MISCELLANEOUS EXPENSE 4.48 175.97 1,500.00 1,324.03 11.7
50-40-715 WATER RIGHTS-DIVERSION&DEV 8,377.79 9,492.90 45,000.00 35,507.10 21.1
50-40-730 CAPITAL PROJECTS .00 .00 425,000.00 425,000.00 .0
50-40-930 TRANSFER TO CERF .00 .00 45,000.00 45,000.00 .0
50-40-980 TRANSFER TO STRATEGIC RESERVES .00 .00 7,700.00 7,700.00 .0
TOTAL EXPENDITURES 65,184.14 420,945.23 1,919,200.00 1,498,254.77 21.9
TOTAL FUND EXPENDITURES 65,184.14 420,945.23 1,919,200.00 1,498,254.77 21.9
NET REVENUE OVER EXPENDITURES ( 16,097.62) 1,261,179.02 13,398.50 ( 1,247,780.52) 9412.8
TOWN OF FRASER
BALANCE SHEET
JULY 31,2021
WASTEWATER FUND
ASSETS
55-10100 CASH-COMBINED FUND 5,402,169.39
55-11500 A/R CUSTOMER SERVICE CHARGES 27,453.38
55-11560 A/R-DEFERRED PIF 432,500.00
55-11900 MISCELLANEOUS RECEIVABLES 8,195.96
55-13090 DUE FROM JFOC ( 4,430.00)
55-15950 CAP REPL RES HELD W/JFOC 920,714.60
55-15955 O&M RESERVE HELD W/JFOC 53,861.22
55-16100 LAND 144,320.40
55-16200 SEWER TREATMENT PLANT 3,399,895.89
55-16210 METER BUILDING&IMPROVEMENTS 8,056.39
55-16220 SEWER COLLECTION SYSTEM 11,179,204.75
55-16250 CONSOLIDATED COLLECTION SYSTEM 279,069.00
55-16400 EQUIPMENT 110,782.16
55-16450 CONSTRUCTION IN PROGRESS 2,826,086.00
55-17900 ACCUMULATED DEPRECIATION ( 1,400,458.64)
55-17901 ACCUMU DEPR-BLDG IMPROVE ( 8,073.00)
55-17905 ACCUM DEPR-PLANT/JFOC ( 69,767.24)
55-17910 ACCUM DEPR-SEWER COLLECT-FSD ( 5,659,734.89)
55-17915 ACCUM DEPR-EQUIPMENT ( 89,903.17)
TOTAL ASSETS 17,559,942.20
LIABILITIES AND EQUITY
LIABILITIES
55-21100 ACCRUED PTO AND BENEFITS 17,143.00
TOTAL LIABILITIES 17,143.00
FUND EQUITY
55-27000 WWF COMMITTED RESERVE BAL-O&M 500,000.00
55-27010 WWF COMMITTED RESERVE BAL-CAP 221,000.00
55-27020 WWF COMMITTED RESERVE BAL-JFF 330,000.00
55-27030 WWF COMMITTED RESERVE-PLANT 1,050,000.00
55-27050 WWF STRATEGIC RESERVES 1,255,000.00
UNAPPROPRIATED FUND BALANCE:
55-29800 RETAINED EARNINGS 8,061,549.52
55-29810 RETAINED EARNINGS-UNRESTRICT 59,753.00
55-29820 RETAINED EARNINGS-RESTRICTED 701,475.11
REVENUE OVER EXPENDITURES-YTD 5,364,021.57
BALANCE-CURRENT DATE 14,186,799.20
TOTAL FUND EQUITY 17,542,799.20
TOTAL LIABILITIES AND EQUITY 17,559,942.20
TOWN OF FRASER
REVENUES WITH COMPARISON TO BUDGET
FOR THE 7 MONTHS ENDING JULY 31,2021
WASTEWATER FUND
PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT
CHARGES FOR SERVICES
55-34-100 CUSTOMER SERVICE CHARGES 145.75 441,762.27 990,000.00 548,237.73 44.6
55-34-150 PENALTIES&INTEREST 1,291.71 3,303.13 1,000.00 ( 2,303.13) 330.3
55-34-200 PLANT INVESTMENT FEES 60,000.00 624,000.00 300,000.00 ( 324,000.00) 208.0
TOTAL CHARGES FOR SERVICES 61,437.46 1,069,065.40 1,291,000.00 221,934.60 82.8
MISCELLANEOUS REVENUE
55-36-100 INTEREST EARNINGS 143.59 1,855.86 18,500.00 16,644.14 10.0
55-36-500 JFF MANAGEMENT FEE .00 14,500.00 29,000.00 14,500.00 50.0
TOTAL MISCELLANEOUS REVENUE 143.59 16,355.86 47,500.00 31,144.14 34.4
OTHER SOURCES&TRANSFERS
55-39-999 UNASSIGNED FUND BALANCE .00 4,726,398.65 2,953,351.33 ( 1,773,047.32) 160.0
TOTAL OTHER SOURCES&TRANSFERS .00 4,726,398.65 2,953,351.33 ( 1,773,047.32) 160.0
TOTAL FUND REVENUE 61,581.05 5,811,819.91 4,291,851.33 ( 1,519,968.58) 135.4
TOWN OF FRASER
EXPENDITURES WITH COMPARISON TO BUDGET
FOR THE 7 MONTHS ENDING JULY 31,2021
WASTEWATER FUND
PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT
EXPENDITURES
55-40-110 SALARIES 25,126.66 175,033.01 325,000.00 149,966.99 53.9
55-40-210 HEALTH INSURANCE 2,893.75 37,546.31 83,000.00 45,453.69 45.2
55-40-220 FICA TAX 1,800.91 12,515.36 27,000.00 14,484.64 46.4
55-40-230 RETIREMENT 1,373.01 10,055.88 17,000.00 6,944.12 59.2
55-40-250 UNEMPLOYMENT TAX 75.34 527.53 1,000.00 472.47 52.8
55-40-280 TRAINING PROGRAMS .00 192.50 3,000.00 2,807.50 6.4
55-40-290 TRAVEL,MEALS AND LODGING .00 .00 3,000.00 3.000.00 .0
55-40-295 MEALS AND ENTERTAINMENT .00 .00 2,000.00 2,000.00 .0
55-40-310 LEGAL FEES .00 .00 5,000.00 5,000.00 .0
55-40-330 ENGINEERING FEES .00 .00 20,000.00 20,000.00 .0
55-40-360 COMPUTERS-NETWORKS AND SUPPORT 2,723.41 9,103.21 7,000.00 ( 2,103.21) 130.1
55-40-370 OTHER PROFESSIONAL SERVICES 622.03 2,406.58 15,000.00 12,593.42 16.0
55-40-410 BANK CHARGES .00 .00 100.00 100.00 .0
55-40-430 INSURANCE .00 .00 7,000.00 7,000.00 .0
55-40-440 ADVERTISING .00 .00 500.00 500.00 .0
55-40-460 SYSTEM REPAIRAND MAINT-COLLEC .00 77,281.80 150,000.00 72,718.20 51.5
55-40-490 PROFESSIONAL MEMBERSHIPS .00 5,314.13 6,000.00 685.87 88.6
55-40-500 OPERATING SUPPLIES-COLLECTIONS .00 247.46 5,500.00 5,252.54 4.5
55-40-510 EQUIPMENT PURCHASE AND REPAIR .00 .00 50,000.00 50,000.00 .0
55-40-520 TESTING .00 .00 1,000.00 1,000.00 .0
55-40-550 POSTAGE&BILLING SUPPLIES 257.78 957.78 2,500.00 1.542.22 38.3
55-40-560 UTILITIES-TELEPHONE 212.99 2,026.00 2,000.00 ( 26.00) 101.3
55-40-650 WW TREATMENT CHARGES/JFOC 15,323.96 114,414.82 290,000.00 175,585.18 39.5
55-40-690 MISCELLANEOUS EXPENSE 4.48 175.97 3,000.00 2,824.03 5.9
55-40-730 CAPITAL PROJECTS .00 .00 250,000.00 250,000.00 .0
55-40-930 TRANSFER TO CERF .00 .00 45,000.00 45,000.00 .0
55-40-980 TRANSFER TO STRATEGIC RESERVES .00 .00 800,000.00 800,000.00 .0
TOTAL EXPENDITURES 50,414.32 447,798.34 2,120,600.00 1,672,801.66 21.1
TOTAL FUND EXPENDITURES 50,414.32 447,798.34 2,120,600.00 1,672,801.66 21.1
NET REVENUE OVER EXPENDITURES 11,166.73 5,364,021.57 2,171,251.33 ( 3,192,770.24) 247.1
TOWN OF FRASER
BALANCE SHEET
JULY 31,2021
GENERAL FIXED ASSETS
ASSETS
91-16100 LAND 730,630.35
91-16200 ADMINISTRATION BUILDING 208,379.39
91-16203 MAINTENANCE BUILDING 57,722.51
91-16208 HOUSE-400 DOC SUSIE AVE 54,839.27
91-16209 VISITOR CENTER 183,895.00
91-16211 BUSBARN&105 FRASER AVE HOUSE 100,000.00
91-16250 CHURCH 267,000.00
91-16306 PARKS 367,800.08
91-16311 STREET IMPROVEMENTS 3,439,840.00
91-16312 HIGHWAY 40 PATH 8,872.00
91-16490 EQUIPMENT-OTHER 872,015.00
91-16500 OFFICE EQUIPMENT 57,261.75
91-17900 ACCUMULATED DEPRECIATION ( 2,260,048.61)
TOTAL ASSETS 4,088,206.74
LIABILITIES AND EQUITY
FUND EQUITY
UNAPPROPRIATED FUND BALANCE:
91-29800 INVESTMENT IN FIXED ASSETS 4,088,206.74
BALANCE-CURRENT DATE 4,088,206.74
TOTAL FUND EQUITY 4,088,206.74
TOTAL LIABILITIES AND EQUITY 4,088,206.74