HomeMy WebLinkAbout20213007.tiff RESOLUTION
RE: APPROVE MODEL COLORADO REGIONAL OPIOID INTERGOVERNMENTAL
AGREEMENT AND AUTHORIZE CHAIR TO SIGN —VARIOUS ENTITIES
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Model Colorado Regional Opioid
Intergovernmental Agreement among the County of Weld, State of Colorado, by and through the
Board of County Commissioners of Weld County, the Town of Erie, City of Evans, Town of
Firestone, Town of Frederick, City of Greeley, Town of Hudson, Town of Johnstown, and Town of
Windsor, commencing January 1, 2022, with further terms and conditions being as stated in said
intergovernmental agreement, and
WHEREAS, after review, the Board deems it advisable to approve said intergovernmental
agreement, a copy of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Model Colorado Regional Opioid Intergovernmental Agreement
among the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, the Town of Erie, City of Evans, Town of Firestone, Town of
Frederick, City of Greeley, Town of Hudson, Town of Johnstown, and Town of Windsor, be, and
hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said intergovernmental agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 25th day of October, A.D., 2021.
BOARD OF COUNTY COMMISSIONERS
dda,A) CC,�� ��,,��,,// WELD COUNTY, COLORADO
ATTEST: G •ad o•6k
Stev Moreno Chair
Weld County Clerk to the Board
- Sc K. James, Pro-Tern
BY: ` & .44J -
Deputy Cler to the Boa -�� �^'� EXCUSED
r� R a S Perry L. Buck
APPR ED • ,�, *4i
0• ike Freeman
•
ounty A orney ®jf [ç'>i
Lori,0 S
Date of signature: 11/o.2/a-I
Cc-.CA(BB) 2021-3007
r,t/02/2( BC0055
MODEL COLORADO REGIONAL OPIOID
INTERGOVERNMENTAL AGREEMENT
THIS WELD COUNTY REGIONAL OPIOID INTERGOVERNMENTAL
AGREEMENT (the "Regional Agreement") is made between those Weld County, Colorado
entities set forth on Exhibit 1, each individually herein referred to as a "Regional PLG" and
collectively referred to as the"Regional PLGs."
RECITALS
WHEREAS,the State of Colorado and Participating Local Governments are executing the
Colorado Opioids Summary Memorandum of Understanding (the"Colorado MOU"),establishing
the manner in which Opioid Funds shall be divided and distributed within the State of Colorado;
WHEREAS, the Colorado MOU requires Participating Local Governments ("PLGs")to
organize themselves into Regions, as further depicted in Exhibit E to the Colorado MOU;
WHEREAS,the Colorado MOU establishes the boundaries of Weld County as a Region
(the "Weld Region");
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 MOU;
WHEREAS, all Opioid Funds, regardless of allocation, shall be used for Approved
Purposes;
WHEREAS, there shall be a 60%direct allocation of Opioid Funds to Regions through a
Regional Share;
WHEREAS,the Weld Region is eligible to receive a Regional Share according to Exhibit
C to the Colorado MOU;
02oot/-,51)o7
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 create its own Regional Council;
WHEREAS,the PLGs in the Weld Region desire to create a Regional Council in
accordance with the terms of the Colorado MOU;
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;
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.
1.1. The defined terms used in this Regional Agreement shall have the same meanings as
in the Colorado MOU. Capitalized terms used herein and not otherwise defined within
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the Regional Agreement or in the Colorado MOU shall have the meanings ascribed to
them in the body of the Regional Agreement.
1.2. "North County" shall mean those Weld County municipalities that primarily lie North
of Highway 34.
1.3. "South County"shall mean those Weld County municipalities that primarily lie South
of Highway 34.
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 the Weld Region may request Opioid Funds from the Abatement
Council and the procedures by which the allocation of the Weld Region's Share of Opioid
Funds are administered.
3.2. Membership: The Regional Council of the Weld Region shall consist of the
following:
a. Voting Members. Voting Members shall be appointed as set forth below.
The Regional PLGs shall collaborate to appoint Regional Council
members and to the extent practicable, Voting Members shall be selected
from different cities and towns within the region. No single entity should
dominate the make-up of the Regional Council. Voting Members shall be
selected as follows:
(i) 1 Weld County Commissioner appointed by the Weld County
Commissioners;
(ii) 1 representative from the City of Greeley, appointed by the Mayor
of the City of Greeley;
(iii) 1 representative from the Town of Windsor, appointed by the
Mayor of the Town of Windsor;
(iv) 1 representative from the Town of Hudson, appointed by the Mayor
of the Town of Hudson;
(v) 1 representative from a north county City or Town,to be appointed
jointly by north county Mayors;
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(vi) 1 representative from a south county City or Town,to be appointed
jointly by south county Mayors;
(vii) 1 representative from the public health department appointed by
Weld County;
(viii) 1 representative from the county human services department
appointed by Weld County;
(ix) 1 representative appointed from the Weld County Sheriffs Office,
appointed by the Weld County Sheriff.
(x) 1 representative from the Greeley Police Department, appointed by
the Greeley Police Chief;
(xi) 1 representative from the Windsor Police Department and the Evans
Police Department, appointed jointly by the Windsor Police Chief
and the Evans Police Chief;
(xii) 1 representative from a north county law enforcement agency, to be
appointed by the Weld County Police Chiefs Association;
(xiii) 1 representative from a south county law enforcement agency to be
appointed by the Weld County Police Chiefs Association;
(xiv) 1 representative from the Weld County District Attorney's Office,
appointed by the District Attorney;
(xv) 1 representative from the 19th Judicial District, appointed by the
Chief Judge.
b. Non-Voting Members. Non-voting members shall serve in an advisory
capacity. Any Non-Voting Members shall be appointed by a vote of the
Regional PLGs and may be comprised of all or some of the following, not
to include potential recipients of funds:
(i) Representatives from behavioral health providers.
(ii) Representatives from health care providers.
(iii) Recovery/treatment experts.
(iv) Other county or city representatives.
(v) A representative from the Attorney General's Office.
(vi) Community representative(s), preferably those with lived
experience with the opioid crisis.
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(vii) Harm reduction experts.
c. Acting Chair: The Voting Members 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 a Voting Member
of the Regional Council.
d. Non-Participation: A Local Government that chooses not to become a
PLG by signing and agreeing to the terms of the Colorado MOU shall not
receive any Opioid Funds from the Regional Share or participate in the
Regional Council.
e. 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. Voting Members shall be
appointed in accordance with Section 3.2 (a)and shall serve two-year
terms. Following the expiration of that two-year term, a new Voting
Member shall be appointed according to Section 3.2 (a).
(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)to serve the remainder of the term.
If the vacancy is not filled 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). At the end of his or her term,the
individual serving as that replacement Voting Member may be
reappointed 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.
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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, 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.
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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 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.
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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 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 PLG shall designate a
representative to be the point of contact to coordinate the obligations as provided herein. The
Regional PLGs shall provide the Fiscal Agent with the name and contact information of their
authorized representative within 30 days of signing this Agreement.
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10. OBLIGATIONS OF THE REGIONAL PLGS. The Regional PLGs shall perform their
respective obligations as set forth in the Regional Agreement, the Colorado MOU and the
accompanying exhibits to the Colorado MOU and incorporated herein by reference.
11. TERM. The Regional Agreement will commence on January 1, 2022, and shall expire on the
date the last action is taken by the Region,consistent with the terms of the Colorado MOU and
any Settlement. (the"Term").
12. INFORMATIONAL OBLIGATIONS. Each Regional PLG hereto will meet its obligations
as set forth in § 29-1-205, C.R.S., as amended, to include information about this Regional
Agreement in a filing with the Colorado Division of Local Government; however, failure to
do so shall in no way affect the validity of this Regional Agreement or any remedies available
to the Regional PLGs hereunder.
13. CONFIDENTIALITY. The Regional PLGs, for themselves, their agents, employees and
representatives, agree that they will not divulge any confidential or proprietary information
they receive from another Regional PLG or otherwise have access to,except as may be required
by law. Nothing in this Regional Agreement shall in any way limit the ability of the Regional
PLGs to comply with any laws or legal process concerning disclosures by public entities. The
Regional PLGs understand that all materials exchanged under this Regional Agreement,
including confidential information or proprietary information, may be subject to the Colorado
Open Records Act., § 24-72-201, et seq., C.R.S., (the "Act"). In the event of a request to a
Regional PLG for disclosure of confidential materials, the Regional PLG shall advise the
Regional PLGs of such request in order to give the Regional PLGs the opportunity to object to
the disclosure of any of its materials which it marked as, or otherwise asserts is,proprietary or
confidential. If a Regional PLG objects to disclosure of any of its material, the Regional PLG
shall identify the legal basis under the Act for any right to withhold. In the event of any action
or the filing of a lawsuit to compel disclosure, the Regional PLG agrees to intervene in such
action or lawsuit to protect and assert its claims of privilege against disclosure of such material
or waive the same. If the matter is not resolved, the Regional PLGs may tender all material to
the court for judicial determination of the issue of disclosure.
14. GOVERNING LAW; VENUE. This Regional Agreement shall be governed by the laws of
the State of Colorado. Venue for any legal action relating solely to this Regional Agreement
will be in Weld County District Court of the State of Colorado. Venue for any legal action
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relating to the Colorado MOU shall be in a court of competent jurisdiction where a Settlement
or consent decree was entered, as those terms are described or defined in the Colorado MOU.
If a legal action relates to both a Regional Agreement and the Colorado MOU,venue shall also
be in a court of competent jurisdiction where a Settlement or consent decree was entered.
15. TERMINATION. The Regional PLGs enter into this Regional Agreement to serve the public
interest. If this Regional Agreement ceases to further the public interest, a Regional PLG, in
its discretion,may terminate their participation in the Regional Agreement, in whole or in part,
upon written notice to the other Regional PLGs. Each Regional PLG also has the right to
terminate the Regional Agreement with cause upon written notice effective immediately, and
without cause upon thirty (30) days prior written notice to the other Regional PLGs. A
Regional PLG's decision to terminate this Regional Agreement, with or without cause, shall
have no impact on the other Regional PLGs present or future administration of its Opioid Funds
and the other procedures outlined in this Regional Agreement. Rather, a Regional PLG's
decision to terminate this Regional Agreement shall have the same effect as non-participation,
as outlined in Section 3.2 (d).
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 received if given by confirmed electronic transmission that creates a record
that may be retained, retrieved and reviewed by a recipient thereof, and that may be directly
reproduced in paper form by such a recipient through an automated process, but specifically
excluding facsimile transmissions and texts when transmitted, if transmitted on a business day
and during normal business hours of the recipient, and otherwise on the next business day
following transmission;certified mail,return receipt requested,postage prepaid,three business
days after being deposited in the United States mail; or overnight carrier service or personal
delivery, when received. For Key Notices, the Regional PLGs will follow up any electronic
transmission with a hard copy of the communication by the means described above. All other
communications or notices between the Regional PLGs that are not Key Notices may be done
via electronic transmission. The Regional PLGs agree that any notice or communication
transmitted by electronic transmission shall be treated in all manner and respects as an original
written document; any such notice or communication shall be considered to have the same
binding and legal effect as an original document. All Key Notices shall include a reference to
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the Regional Agreement, and Key Notices shall be given to the authorized representative of
the Regional PLG at the address provided to the Fiscal Agent pursuant to Paragraph 9.
17. PERIODIC REVIEW OF REGIONAL COUNCIL COMPOSITION.
17.1 Beginning five (5) years after execution of this Agreement, and continuing every
five (5) years thereafter, the Regional Council shall evaluate the composition of the
Regional Council and recommend changes to the voting membership.
17.2 Changes to the voting membership may be recommended based only on population
changes of the towns and municipalities located in the Region. Population changes shall
be determined by review of the population estimates done by the Colorado State
Demography Office.
17.3 Recommendations of the Regional Council regarding changes to the voting
membership must be ratified by a majority of the Participating Local Governments prior to
implementation.
18. GENERAL TERMS AND CONDITIONS
18.1. Independent Entities. The Regional PLGs enter into this Regional Agreement as
separate, independent governmental entities and shall maintain such status throughout.
18.2. Assignment.This Regional Agreement shall not be assigned by any Regional PLG
without the prior written consent of all Regional PLGs.Any assignment or subcontracting
without such consent will be ineffective and void and will be cause for termination of this
Regional Agreement.
18.3. Integration and Amendment. This Regional Agreement represents the entire
agreement between the Regional PLGs and terminates any oral or collateral agreement or
understandings. This Regional Agreement may be amended only by a writing signed by
the Regional PLGs. If any provision of this Regional Agreement is held invalid or
unenforceable, no other provision shall be affected by such holding, and the remaining
provision of this Regional Agreement shall continue in full force and effect.
18.4. No Construction Against Drafting Party. The Regional PLGs and their
respective counsel have had the opportunity to review the Regional Agreement, and the
Regional Agreement will not be construed against any Regional PLG merely because any
provisions of the Regional Agreement were prepared by a particular Regional PLG.
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18.5. 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.
18.6. 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.
18.7. 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.
18.8. Inurement. The rights and obligations of the Regional PLGs to the Regional
Agreement inure to the benefit of and shall be binding upon the Regional PLGs and their
respective successors and assigns, provided assignments are consented to in accordance
with the terms of the Regional Agreement.
18.9. Survival.Notwithstanding anything to the contrary,the Regional PLGs understand
and agree that all terms and conditions of this Regional Agreement and any exhibits that
require continued performance or compliance beyond the termination or expiration of this
Regional Agreement shall survive such termination or expiration and shall be enforceable
against a Regional PLG if such Regional PLG fails to perform or comply with such term or
condition.
18.10. 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 Regional PLG to enforce any right arising under this
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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.
18.11. No Third-Party Beneficiaries. Enforcement of the terms of the Regional
Agreement and all rights of action relating to enforcement are strictly reserved to the
Regional PLGs. Nothing contained in the Regional Agreement gives or allows any claim
or right of action to any third person or entity. Any person or entity other than the Regional
PLGs receiving services or benefits pursuant to the Regional Agreement is an incidental
beneficiary only.
18.12. Records Retention. The Regional PLGs shall maintain all records, including
working papers, notes, and financial records in accordance with their applicable record
retention schedules and policies. Copies of such records shall be furnished to the Parties
request.
18.13. Execution by Counterparts; Electronic Signatures and Records.This Regional
Agreement may be executed in two or more counterparts, each of which shall be deemed
an original, but all of which shall constitute one and the same instrument. The Regional
PLGs approve the use of electronic signatures for execution of this Regional Agreement.
All use of electronic signatures shall be governed by the Uniform Electronic Transactions
Act, C.R.S. §§ 24-71.3-101, et seq. The Regional PLGs agree not to deny the legal effect
or enforceability of the Regional Agreement solely because it is in electronic form or
because an electronic record was used in its formation. The Regional PLGs agree not to
object to the admissibility of the Regional Agreement in the form of an electronic record,
or a paper copy of an electronic document, or a paper copy of a document bearing an
electronic signature, on the ground that it is an electronic record or electronic signature or
that it is not in its original form or is not an original.
18.14. Authority to Execute.Each Regional PLG represents that all procedures necessary
to authorize such Regional PLG's execution of this Regional Agreement have been
performed and that the person signing for such Regional PLG has been authorized to
execute the Regional Agreement.
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ATTEST: ' �` `�'�o1yOARD OF COUNTY COMMISSIONERS
Weld C. n lerk to the .o. d �� LD COUNTY, COLORADO
f p, iif1861 1
BY: .64 4„,
• g
Deputy Cle/ to th Boat, TM ,f eve Moreno, Chair OCT 2 5
444.
APPR D A T DING: ,.. APPROVED AS TO SUBSTANCE"f2006-71.7
Controller Elected Official or epartment ead
APPROVED AS TO FORM:
10,46urr:
County Attorney
c7Z002/ -3 ' 7
Exhibit 1-
Participating Local Governments to Weld Region IGA
Weld County
Erie
Evans
Firestone
Frederick
Greeley
Hudson
Johnstown
Windsor
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