HomeMy WebLinkAbout2021-12-13 City Council Meeting Packet-Special MeetingAGENDA
MAPLEWOOD CITY COUNCIL
CITY COUNCILSPECIALMEETING
:0P.M.Monday,December 20, 2021
Held Remotely Via Conference Call
Dial 1-312-626-6799 or 1-888-788-0099
When Prompted Enter Meeting ID:825 2825 2787#
No Participant ID, Enter# When Prompted
A.CALL TO ORDER
B.PLEDGE OF ALLEGIANCE
C.ROLL CALL
D.APPROVAL OF AGENDA
E.APPROVAL OF MINUTES
None
F.APPOINTMENTS AND PRESENTATIONS
None
G.CONSENT AGENDA – Items on the Consent Agenda are considered routine and non-
controversial and are approved by one motion of the council. If a councilmember
requests additional information or wants to make a comment regarding an item, the vote
should be held until the questions or comments are made then the single vote should be
taken. If a councilmember objects to an item it should be removed and acted upon as a
separate item.
1.Approval of Claims
2.Resolution Approving the Memorandum of Agreement (MOU) Betweenthe State of
Minnesota and Local Governments and Authorizing Participation in National Opioid
Settlements
3.Resolution to Accept the Additional Coronavirus Local Fiscal Recovery Fund
Established under the American Rescue Plan Act
4.Resolution to Commit Fund Balance in the General Fund
5.2022 SCORE Grant Agreement
H.UNFINISHED BUSINESS
None
I.NEW BUSINESS
None
J.ADJOURNMENT
THIS PAGE IS INTENTIONALLY LEFT BLANK
G1
CITY COUNCIL STAFF REPORT
Meeting Date December 20, 2021
REPORT TO:Melinda Coleman, City Manager
Ellen Paulseth, Finance Director
REPORT FROM:
Ellen Paulseth, Finance Director
PRESENTER:
Approval of Claims
AGENDA ITEM:
Action Requested: MotionDiscussionPublic Hearing
Form of Action:ResolutionOrdinanceContract/Agreement Proclamation
Policy Issue:
The City Manager has reviewed the bills and authorized payment in accordance with City Council policies.
Recommended Action:
Motion to approve the approval of claims.
ACCOUNTS PAYABLE:
$ 1,291,757.03 Checks # 108294 thru # 108350
dated 12/07/21 or 12/14/21
$ 510,212.25 Disbursements via debits to checking account
dated 12/06/21 thru 12/12/21
$ 1,801,969.28 Total Accounts Payable
PAYROLL
$ 626,408.45 Payroll Checks and Direct Deposits dated 12/10/21
$ 626,408.45 Total Payroll
$ 2,428,377.73 GRAND TOTAL
Background
A detailed listing of these claim has been provided. Please call me at 651-249-2902 if you have any questions on
the attached listing. This will allow me to check the supporting documentation on file if necessary.
Attachments
1.Listing of Paid Bills
Council Special Meeting Packet Page Number 1 of 67
G1, Attachment
Check Register
City of Maplewood
CheckDateVendorDescriptionAmount
10829412/07/202103463EBERT CONSTRUCTIONNORTH FIRE STATION CONST PROJ18,842.12
12/07/202103463EBERT CONSTRUCTIONNORTH FIRE STATION CONST PROJ13,727.50
10829512/07/202106255ELECTRICAL PRODUCTION SERVICESNORTH FIRE STATION CONST PROJ49,257.50
10829612/07/202106254GENERAL SHEET METAL CO. LLCNORTH FIRE STATION CONST PROJ137,750.00
10829712/07/202106260JACKSON & ASSOCIATES LLCNORTH FIRE STATION CONST PROJ67,925.00
10829812/07/202106262MINNEAPOLIS GLASS CONORTH FIRE STATION CONST PROJ30,784.75
10829912/07/202101182NORTHERN AIR CORPNORTH FIRE STATION CONST PROJ21,555.50
10830012/07/202102903PARK CONSTRUCTION CONORTH FIRE STATION CONST PROJ36,831.98
10830112/07/202106253SUMMIT FIRE PROTECTION CO.NORTH FIRE STATION CONST PROJ19,923.87
10830212/07/202106264SUPERSET TILE & STONENORTH FIRE STATION CONST PROJ2,517.50
10830312/07/202106251THORNBERG STEELNORTH FIRE STATION CONST PROJ88,860.15
10830412/07/202101665TWIN CITY HARDWARENORTH FIRE STATION CONST PROJ16,422.42
10830512/07/202106265WELLS CONCRETENORTH FIRE STATION CONST PROJ348,425.80
10830612/14/202105114BOLTON & MENK, INC.GENERAL GIS ASSISTANCE1,530.00
10830712/14/202100585GOPHER STATE ONE-CALLNET BILLABLE TICKETS - NOVEMBER371.25
10830812/14/202100687HUGO'S TREE CARE INCEAB HAULING4,265.00
10830912/14/202105598KELLY & LEMMONS, P.A.PROSECUTION SERVICES - NOVEMBER16,250.00
10831012/14/202100875LOFFLER COMPANIES, INC.CANON COPIER USAGE FEES - NOV1,105.55
12/14/202100875LOFFLER COMPANIES, INC.TROUBLESHOOTING PRINTING-MAC43.75
12/14/202100875LOFFLER COMPANIES, INC.OVERPD CK#108206 DATED 11-16-21-199.57
10831112/14/202105670PETERSON COUNSELING/CONSULTINGCONSULTING SERVICES - OCTOBER1,420.80
12/14/202105670PETERSON COUNSELING/CONSULTINGCONSULTING SERVICES - NOVEMBER925.80
10831212/14/202101409S E HNEW FIRE STATION3,739.44
10831312/14/202101574T A SCHIFSKY & SONS, INCASPHALT205.72
10831412/14/202105987AGILITI HEALTH, INC.EMS EQUIPMENT MAINT1,025.94
10831512/14/202106163AL TECHNOLOGIES, LLCONLINE BENEFITS ADMIN FEE- DEC360.50
10831612/14/202106284A-Z UNDERGROUNDSEWER LINE REPAIRS - 2001 ADOLPHUS7,950.00
10831712/14/202105972BHE COMMUNITY SOLAR, LLCCOMMUNITY SOLAR AGREEMENT-OCT4,897.15
10831812/14/202102789COMCAST CABLE COMM INCFIBER OPTIC LEASE FOR FS#3419.20
10831912/14/202106285ECKBERG LAMMERS, P.C.PD IN-SERVICE TRAINING8,586.00
10832012/14/202104371ELECTRO WATCHMAN INC.FINAL PMT - NC RESTROOM PROJ1,647.37
12/14/202104371ELECTRO WATCHMAN INC.REPAIR ON FRONT DOOR OF CITY HALL818.10
12/14/202104371ELECTRO WATCHMAN INC.REPAIR COMM STUDIO READER703.98
10832112/14/202100003ESCROW REFUNDESCROW REL-TORKELSON DEV 1801 ENG3,500.00
10832212/14/202105275FIRST STATE TIRE RECYCLINGTIRE RECYCLING4,480.00
10832312/14/202106283AARON LEE GANTRELEASED PER EVIDENCE REVIEW FORM223.00
10832412/14/202106009HEALTHCALL, LLCCOMMUNITY PARAMEDIC SOFTWARE-NOV920.00
10832512/14/202106282KARIN ANDERSON GRANTWRITINGGRANT WRITING ASSISTANCE1,200.00
10832612/14/202100827L M C I TWORK COMP QTR JAN-MARCH 2022196,549.00
12/14/202100827L M C I TINSURANCE PREMIUM JAN-MARCH 202264,727.00
12/14/202100827L M C I TWC CLAIM #00464467808.86
10832712/14/202100393MN DEPT OF LABOR & INDUSTRYPRESSURE VESSEL FIRE STATION 310.00
12/14/202100393MN DEPT OF LABOR & INDUSTRYPRESSURE VESSEL FIRE STATION 210.00
10832812/14/202100857LEAGUE OF MINNESOTA CITIESMEMBERSHIP DUES 09/01/21 - 08/31/2228,296.00
12/14/202100857LEAGUE OF MINNESOTA CITIESWEBINAR - M DARROW10.00
10832912/14/202100244LINE 1 PARTNERS, INCSECURITY CAMERA TROUBLESHOOT-NC625.00
10833012/14/202100917MACQUEEN EMERGENCYFIRE-DEX PPE762.71
12/14/202100917MACQUEEN EMERGENCYCOMPRESSOR SERVICE746.00
10833112/14/202100922MAILE ENTERPRISES INCHYDRANT FLAGS1,444.88
10833212/14/202105222MARTIN-MCALLISTERPUBLIC SAFETY ASSESSEMENT/EVAL2,750.00
10833312/14/202105838MINNESOTA BENEFIT ASSOCIATIONMONTHLY PREMIUM348.00
10833412/14/202106133NO WAIT INSIDE, LLCNOWAITINSIDE SERVICE1,600.00
10833512/14/202106268NORTHLAND GRADING & EXCAVATINGPROJ 16-25 STERLING STREET BRIDGE9,359.67
10833612/14/202100001ONE TIME VENDORREIMB J BELISLE - FENCING/WATERING332.68
Council Special Meeting Packet Page Number 2 of 67
G1, Attachment
10833712/14/202100001ONE TIME VENDORREIMB D QUINLAN - SPRINKLER REPAIR186.00
10833812/14/202100001ONE TIME VENDORGIMBI - ALCOHOL COMPLIANCE CK127.50
10833912/14/202100001ONE TIME VENDORYEMANE - ALCOHOL COMPLIANCE CK60.00
10834012/14/202103790PROVIDENCE HOMES, INC.ESCROW RELEASE 753 CRESTVIEW DR N3,500.00
10834112/14/202101340REGIONS HOSPITALMEDICAL SUPPLIES550.00
10834212/14/202106014REHDER FORESTRY CONSULTINGTREE INSPECTION SRVS - NOVEMBER818.98
10834312/14/202105879ROADKILL ANIMAL CONTROLDEER REMOVAL - NOVEMBER357.00
10834412/14/202104256SHI INTERNATIONAL CORPMICROSOFT 365 SUB 11/01/21-10/31/2246,623.60
12/14/202104256SHI INTERNATIONAL CORPCAREPACK FOR HP LAPTOPS1,750.00
10834512/14/202105914SHRED-N-GO, INC.SHREDDING EVENT HELD OCTOBER 092,050.00
10834612/14/202101522STATE OF MINNESOTALAW ENFORCEMENT DATA WORKSHOP250.00
10834712/14/202104207STRYKER SALES CORP.COMMUNITY PARAMEDIC SOFTWARE-OCT882.00
12/14/202104207STRYKER SALES CORP.PREVENTATIVE MAINT AMB STRETCHERS393.91
12/14/202104207STRYKER SALES CORP.PREVENTATIVE MAINT AMB STRETCHERS226.25
10834812/14/202106107TOKLE INSPECTIONS, INC.ELECTRICAL INSPECTIONS - NOVEMBER6,253.92
10834912/14/202105663TRANS UNION LLCCREDIT REPORTING SERVICE - NOV60.00
10835012/14/202101647TRI-COUNTY LAW ENFORCEMENTANNUAL DUES75.00
1,291,757.03
Checks in this report.
57
Council Special Meeting Packet Page Number 3 of 67
G1, Attachment
CITY OF MAPLEWOOD
Disbursements via Debits to Checking account
Settlement
DatePayeeDescriptionAmount
12/6/2021Delta DentalDental Premium1,440.24
12/6/2021MN State TreasurerDrivers License/Deputy Registrar42,652.00
12/7/2021MN State TreasurerDrivers License/Deputy Registrar30,766.33
12/8/2021MN State TreasurerDrivers License/Deputy Registrar64,574.26
12/9/2021MN State TreasurerDrivers License/Deputy Registrar40,361.54
12/10/2021MN Dept of Natural ResourcesDNR electronic licenses598.90
12/10/2021MN State TreasurerState Payroll Tax27,137.37
12/10/2021Optum HealthDCRP & Flex plan payments309.51
12/10/2021P.E.R.A.P.E.R.A.140,633.29
12/10/2021U.S. TreasurerFederal Payroll Tax110,815.14
12/10/2021US Bank VISA One Card*Purchasing Card Items50,923.67
510,212.25
*Detailed listing of VISA purchases is attached.
Council Special Meeting Packet Page Number 4 of 67
G1, Attachment
Purchasing Card Items
Transaction
Transaction DatePosting DateMerchant NameAmountName
OFFICE DEPOT #1090REGAN BEGGS
11/24/202111/26/2021$113.49
AMZN MKTP US*ZP8WW2TV3ASHLEY BERGERON
11/24/202111/26/2021$13.95
AMZN MKTP US*0Z09Z5DM3ASHLEY BERGERON
11/27/202111/29/2021$145.92
AMZN MKTP US*OX4NG3893ASHLEY BERGERON
11/30/202112/01/2021$7.51
AMZN MKTP US*V54KP46X3ASHLEY BERGERON
11/30/202112/01/2021$104.17
MN RECREATION AND PARK ANEIL BRENEMAN
12/01/202112/02/2021$49.00
TRI-STATE BOBCATTROY BRINK
11/19/202111/22/2021$460.82
FLEET FARM 2700TROY BRINK
11/23/202111/24/2021$300.00
WALMART.COM AADANIEL BUSACK
11/08/202112/02/2021($183.60)
PAYPAL *QUONLILIANA5106DANIEL BUSACK
11/18/202111/22/2021$22.51
REGAIN *CADANIEL BUSACK
11/18/202112/02/2021($320.00)
PAYPAL *QUONLILIANA5106DANIEL BUSACK
11/18/202112/02/2021($22.51)
BRODIN STUDIOSDANIEL BUSACK
11/19/202111/22/2021$100.00
JOHNSTONE SUPPLY BLOOMINGSCOTT CHRISTENSON
11/20/202111/22/2021$188.12
FERGUSON ENT, INC 1659SCOTT CHRISTENSON
11/22/202111/23/2021$66.67
FERGUSON ENT, INC1657SCOTT CHRISTENSON
11/24/202111/26/2021($4.67)
STATE SUPPLYSCOTT CHRISTENSON
11/29/202111/30/2021$75.88
THE HOME DEPOT #2801SCOTT CHRISTENSON
11/29/202112/01/2021$7.72
MENARDS OAKDALE MNSCOTT CHRISTENSON
12/01/202112/03/2021$31.98
NEW YORK MAGAZINEMELINDA COLEMAN
11/19/202111/22/2021$3.00
EVEREST EMERGENCY VEHICLESHAWN CONWAY
11/24/202111/26/2021$91.25
EVEREST EMERGENCY VEHICLESHAWN CONWAY
11/24/202111/26/2021$760.73
RED WING SHOE #727THOMAS DABRUZZI
11/20/202111/22/2021$13.98
DIVE RESCUE INTERNATIONALBRAD DAVISON
11/22/202112/02/2021$138.70
DIVE RESCUE INTERNATIONALBRAD DAVISON
11/23/202111/30/2021$50.00
THE HOME DEPOT #2801BRAD DAVISON
11/30/202112/02/2021$79.92
OTC BRANDS INCBRAD DAVISON
12/01/202112/03/2021($19.99)
OTC BRANDS INCBRAD DAVISON
12/01/202112/03/2021$174.97
MINNESOTA STATE FIRE CHIERICHARD DAWSON
12/01/202112/03/2021$235.00
CORT FURNITURE RENTALRICHARD DAWSON
12/02/202112/03/2021$197.39
RECOIL GUNWORKSMICHAEL DUGAS
11/23/202111/24/2021$3,848.45
POLICESTORE.COMMICHAEL DUGAS
11/23/202111/24/2021$1,128.66
AMZN MKTP US*GT10G1KV3MICHAEL DUGAS
11/23/202111/24/2021$1,043.17
AMZN MKTP USMICHAEL DUGAS
11/24/202111/26/2021($99.29)
PIONEER PRESS ADVCHRISTINE EVANS
11/19/202111/22/2021$444.15
COMCAST CABLE COMMMYCHAL FOWLDS
11/23/202111/23/2021$144.71
AMAZON.COM*0H60741N3 AMZNMYCHAL FOWLDS
11/23/202111/24/2021$299.55
TMOBILE*AUTO PAYMYCHAL FOWLDS
12/01/202112/02/2021$334.97
COMCAST CABLE COMMMYCHAL FOWLDS
12/03/202112/03/2021$25.04
PDQ.COMNICK FRANZEN
11/30/202112/01/2021$736.02
STORM TRAINING GROUP,DEREK FRITZE
11/24/202111/26/2021$208.95
STORM TRAINING GROUP,TIMOTHY HAWKINSON
11/24/202111/26/2021$208.95
MENARDS OAKDALE MNTAMARA HAYS
11/18/202111/22/2021$55.00
THE HOME DEPOT #2801TAMARA HAYS
11/23/202111/26/2021$30.92
FRATTALLONES - WOODBURYGARY HINNENKAMP
11/19/202111/22/2021$149.09
SPORTSMANS GUIDEMICHAEL HOEMKE
11/24/202111/26/2021$4,720.02
AMAZON.COM*W00E82WR3ELIZABETH JOHNSON
11/24/202111/24/2021$28.50
SAFE-FAST(MW)RANDY JOHNSON
11/22/202111/23/2021$224.85
VERSALOK OAKDALEDON JONES
11/22/202111/23/2021$163.10
RED WING SHOE #727DON JONES
12/02/202112/03/2021$267.91
FUSION LEARNING PARTNERSLOIS KNUTSON
11/24/202111/26/2021$40.00
AMAZON.COM*LC0F16Z33LOIS KNUTSON
11/29/202111/30/2021$42.92
SQ *THE MYERS-BRIGGS COMPLOIS KNUTSON
11/29/202111/30/2021$699.30
THE BIG BLUE BOXJASON KUCHENMEISTER
11/22/202111/23/2021$190.00
ULINE *SHIP SUPPLIESJASON KUCHENMEISTER
11/23/202111/23/2021$344.96
TRITECH FORENSICSJASON KUCHENMEISTER
11/23/202111/24/2021$95.56
AMZN MKTP US*DE35H69Q3JASON KUCHENMEISTER
11/26/202111/29/2021$13.33
AMZN MKTP US*QY6UG5KU3 AMJASON KUCHENMEISTER
11/28/202111/29/2021$28.33
AMZN MKTP US*UH2TP6YT3JASON KUCHENMEISTER
11/28/202111/29/2021$129.94
SIRCHIE FINGER PRINT LABOJASON KUCHENMEISTER
11/30/202112/01/2021$84.80
DALCO ENTERPRISESCHING LO
12/01/202112/02/2021$187.14
Council Special Meeting Packet Page Number 5 of 67
G1, Attachment
FUSION LEARNING PARTNERSSTEVE LOVE
12/01/202112/03/2021$375.00
CLIAWAIVED INCMICHAEL MONDOR
11/25/202111/26/2021$1,950.00
ASPEN MILLSMICHAEL MONDOR
11/30/202112/01/2021$278.34
AIRGAS USA, LLCMICHAEL MONDOR
12/01/202112/02/2021$94.76
AIRGAS USA, LLCMICHAEL MONDOR
12/01/202112/02/2021$73.08
CINTAS CORPBRYAN NAGEL
11/20/202111/22/2021$33.33
CINTAS CORPBRYAN NAGEL
11/20/202111/22/2021$60.98
CINTAS CORPBRYAN NAGEL
11/20/202111/22/2021$231.58
CINTAS CORPBRYAN NAGEL
11/25/202111/26/2021$143.97
CINTAS CORPBRYAN NAGEL
11/25/202111/26/2021$12.75
CINTAS CORPBRYAN NAGEL
11/25/202111/26/2021$106.37
CINTAS CORPBRYAN NAGEL
11/25/202111/26/2021$38.87
CINTAS CORPBRYAN NAGEL
11/25/202111/26/2021$16.35
RED WING SHOE #727BRYAN NAGEL
12/01/202112/02/2021$152.99
CINTAS CORPBRYAN NAGEL
12/01/202112/02/2021$164.43
CINTAS CORPBRYAN NAGEL
12/01/202112/02/2021$125.57
CINTAS CORPBRYAN NAGEL
12/01/202112/02/2021$12.75
CINTAS CORPBRYAN NAGEL
12/01/202112/02/2021$15.05
CINTAS CORPBRYAN NAGEL
12/01/202112/02/2021$52.43
MENARDS OAKDALE MNJOHN NAUGHTON
11/22/202111/24/2021$44.91
THE HOME DEPOT #2801JOHN NAUGHTON
11/22/202111/24/2021$22.30
MENARDS OAKDALE MNJOHN NAUGHTON
11/22/202111/26/2021($44.91)
THE HOME DEPOT #2801JOHN NAUGHTON
11/23/202111/26/2021$23.22
LTG POWER EQUIPMENTJOHN NAUGHTON
11/29/202111/30/2021$123.70
TRI-STATE BOBCATJOHN NAUGHTON
11/29/202111/30/2021$43.90
LIFE ASSIST INCKENNETH POWERS
11/19/202111/22/2021$387.00
LIFE ASSIST INCKENNETH POWERS
11/30/202112/01/2021$175.00
LIFE ASSIST INCKENNETH POWERS
11/30/202112/01/2021$175.00
TOWMASTERSTEVEN PRIEM
11/19/202111/22/2021$659.88
AN FORD WHITE BEAR LAKSTEVEN PRIEM
11/19/202111/22/2021$225.73
FACTORY MTR PTS #19STEVEN PRIEM
11/22/202111/23/2021$184.02
ZARNOTH BRUSH WORKS INCSTEVEN PRIEM
11/23/202111/26/2021$2,820.00
ZARNOTH BRUSH WORKS INCSTEVEN PRIEM
11/23/202111/26/2021$1,064.00
0391-AUTOPLUSSTEVEN PRIEM
11/24/202111/26/2021$173.46
0391-AUTOPLUSSTEVEN PRIEM
11/24/202111/26/2021$62.89
NORTHERN TOOL+EQUIPSTEVEN PRIEM
11/24/202111/26/2021$94.98
POMP S TIRE #021STEVEN PRIEM
11/29/202111/30/2021$604.00
POMP S TIRE #021STEVEN PRIEM
11/30/202112/01/2021$1,200.00
0391-AUTOPLUSSTEVEN PRIEM
11/30/202112/01/2021$44.98
0391-AUTOPLUSSTEVEN PRIEM
12/01/202112/02/2021$28.36
WALSER POLAR CHEVROLETSTEVEN PRIEM
12/01/202112/02/2021$110.67
TRUCK UTILITIES STSTEVEN PRIEM
12/02/202112/03/2021$6.40
AMZN MKTP US*7R6PU5W53MICHAEL RENNER
11/20/202111/22/2021$56.99
AMAZON.COM*Z32IF6IM3 AMZNMICHAEL RENNER
11/25/202111/26/2021$39.98
TRUGREEN LP *5635AUDRA ROBBINS
11/20/202111/22/2021$1,350.09
DICKSSPORTINGGOODS.COMAUDRA ROBBINS
11/22/202111/23/2021$161.01
ON SITE SANITATION INCAUDRA ROBBINS
11/29/202112/01/2021$800.00
CINTAS CORPAUDRA ROBBINS
12/01/202112/02/2021$72.86
OFFICE DEPOT #1090STEPHANIE SHEA
11/19/202111/22/2021$58.44
N-EARSTEPHANIE SHEA
11/19/202111/22/2021$168.99
IN *ENVUE TELEMATICS LLCSTEPHANIE SHEA
11/19/202111/22/2021$624.00
MINNESOTA CHIEFS OF POLICSTEPHANIE SHEA
11/22/202111/23/2021$538.00
OFFICE DEPOT #1090STEPHANIE SHEA
11/23/202111/26/2021$102.52
CINTAS CORPSTEPHANIE SHEA
11/25/202111/26/2021$49.99
ALADTEC INCSTEPHANIE SHEA
11/29/202111/30/2021$4,752.00
THOMSON WEST*TCDSTEPHANIE SHEA
11/30/202112/01/2021$611.10
GALLSSTEPHANIE SHEA
12/02/202112/03/2021$9,804.19
CINTAS CORPSTEPHANIE SHEA
12/02/202112/03/2021$61.50
PIONEER PRESS CIRCJEFF THOMSON
11/22/202111/23/2021$55.11
BOUND TREE MEDICAL LLCERIC ZAPPA
11/18/202111/22/2021$307.90
LIFE ASSIST INCERIC ZAPPA
11/24/202111/26/2021$440.00
$50,923.67
Council Special Meeting Packet Page Number 6 of 67
G1, Attachment
CITY OF MAPLEWOOD
EMPLOYEE GROSS EARNINGS REPORT
FOR THE CURRENT PAY PERIOD
Exp Reimb,
Severance,
Conversion
incl in Amount
CHECK #CHECK DATEEMPLOYEE NAMEAMOUNT
12/10/21ABRAMS, MARYLEE560.80
12/10/21CAVE, REBECCA493.60
12/10/21JUENEMANN, KATHLEEN493.60
12/10/21KNUTSON, WILLIAM493.60
12/10/21VILLAVICENCIO, NICHOLE493.60
12/10/21COLEMAN, MELINDA6,835.20
12/10/21DARROW, MICHAEL5,165.19
12/10/21KNUTSON, LOIS3,403.96
12/10/21CHRISTENSON, SCOTT2,428.41
12/10/21DOUGLASS, TOM3,078.36
12/10/21JAHN, DAVID2,322.08
12/10/21HERZOG, LINDSAY2,902.81
12/10/21RAMEAUX, THERESE3,766.82
12/10/21DEBILZAN, JUDY2,590.49
12/10/21PAULSETH, ELLEN5,912.55
12/10/21RACETTE, THOMAS2,601.07
12/10/21RUEB, JOSEPH5,251.61
12/10/21STANLEY, JENNIFER3,507.40
12/10/21ARNOLD, AJLA2,293.82
12/10/21BEGGS, REGAN2,314.59
12/10/21CROSS, JULIA2,016.48
12/10/21EVANS, CHRISTINE2,439.20
12/10/21LARSON, MICHELLE2,316.89
12/10/21SINDT, ANDREA3,941.09
12/10/21ABRAHAM, JOSHUA2,630.40
12/10/21HANSON, MELISSA2,146.72
12/10/21HOCKBEIN, JUDY1,252.23
12/10/21KRAMER, PATRICIA1,505.03
12/10/21MOY, PAMELA2,111.85141.68
12/10/21OSTER, ANDREA2,323.82
12/10/21SCHORR, JENNIFER1,459.26
12/10/21VITT, JULIANNE1,691.07
12/10/21WEAVER, KRISTINE3,499.79
12/10/21ALDRIDGE, MARK5,031.29
12/10/21BAKKE, LONN3,686.38
12/10/21BELDE, STANLEY4,280.40
12/10/21BENJAMIN, MARKESE3,587.80
12/10/21BERGERON, ASHLEY3,413.86
12/10/21BIERDEMAN, BRIAN5,720.88
12/10/21BROWN, RAE2,614.72
12/10/21BURT-MCGREGOR, EMILY3,617.77
12/10/21BUSACK, DANIEL5,411.95
12/10/21COLEMAN, ALEXANDRA2,162.59
12/10/21CONDON, MITCHELL4,206.56
12/10/21CRUZ, TREANA2,759.77
12/10/21DEMULLING, JOSEPH4,212.97
12/10/21DUGAS, MICHAEL4,765.20
12/10/21FORSYTHE, MARCUS3,532.34
12/10/21FRITZE, DEREK6,062.55
12/10/21GABRIEL, ANTHONY6,419.79
12/10/21GEISELHART, BENJAMIN3,307.37
Council Special Meeting Packet Page Number 7 of 67
G1, Attachment
12/10/21HAWKINSON JR, TIMOTHY4,086.64
12/10/21HENDRICKS, JENNIFER2,182.40
12/10/21HER, PHENG3,598.81
12/10/21HER, TERRELL2,643.85
12/10/21HOADLEY, JOSHUA377.00
12/10/21HOEMKE, MICHAEL4,765.19
12/10/21JOHNSON, JEREMY2,287.87
12/10/21KANDA, MADELINE3,062.27
12/10/21KIM, WINSTON2,866.19
12/10/21KONG, TOMMY4,231.06
12/10/21KROLL, BRETT3,882.48
12/10/21KUCHENMEISTER, GINA2,413.73
12/10/21KUCHENMEISTER, JASON2,601.03
12/10/21LENERTZ, NICHOLAS3,560.63
12/10/21LYNCH, KATHERINE7,038.39
12/10/21MARINO, JASON5,249.64
12/10/21MATTHEIS, TAWNY2,287.87
12/10/21MURRAY, RACHEL4,281.88
12/10/21NYE, MICHAEL4,594.65
12/10/21OLSON, JULIE4,029.24
12/10/21PARKER, JAMES4,095.55
12/10/21PASDO, JOSEPH2,287.87
12/10/21PEREZ, GUSTAVO5,787.06
12/10/21PETERS, DANIEL3,551.78
12/10/21SALCHOW, CONNOR4,985.29
12/10/21SANCHEZ, ISABEL2,745.47
12/10/21SHEA, STEPHANIE2,612.64
12/10/21SPARKS, NICOLLE4,137.19
12/10/21STARKEY, ROBERT4,512.41
12/10/21STEINER, JOSEPH4,765.19
12/10/21STOCK, AUBREY3,551.00
12/10/21SWETALA, NOAH3,771.87
12/10/21TAUZELL, BRIAN3,998.73
12/10/21WENZEL, JAY3,890.64
12/10/21WIETHORN, AMANDA3,959.00
12/10/21XIONG, KAO3,670.61
12/10/21XIONG, TUOYER3,357.30
12/10/21ZAPPA, ANDREW5,627.28
12/10/21AMAH-CLARKE, ALFREDA1,672.48
12/10/21BARRETTE, CHARLES5,079.50
12/10/21BAUMAN, ANDREW6,476.46
12/10/21BEITLER, NATHAN4,009.94
12/10/21CAMPBELL, MACLANE4,028.47
12/10/21CONWAY, SHAWN4,471.96
12/10/21CRAWFORD JR, RAYMOND4,288.94
12/10/21CRUMMY, CHARLES4,866.50
12/10/21DABRUZZI, THOMAS5,191.40
12/10/21DANLEY, NICHOLAS4,737.67
12/10/21DAVISON, BRADLEY4,057.02
12/10/21DAWSON, RICHARD6,431.60
12/10/21HAGEN, MICHAEL4,836.62
12/10/21HALWEG, JODI5,556.52
12/10/21HAWTHORNE, ROCHELLE3,968.83
12/10/21KUBAT, ERIC5,352.90
12/10/21LANDER, CHARLES3,968.54
12/10/21LANIK, JAKE4,310.72
12/10/21LO, CHING135.00
12/10/21LUKIN, STEVEN1,880.00
Council Special Meeting Packet Page Number 8 of 67
G1, Attachment
12/10/21MALESKI, MICHAEL4,026.90
12/10/21MCGEE, BRADLEY4,612.28
12/10/21MERKATORIS, BRETT5,033.07
12/10/21MONDOR, MICHAEL5,474.97
12/10/21NEILY, STEVEN4,926.26
12/10/21NIELSEN, KENNETH4,318.70
12/10/21NOVAK, JEROME5,824.22
12/10/21POWERS, KENNETH4,753.46
12/10/21SEDLACEK, JEFFREY4,330.19
12/10/21STREFF, MICHAEL5,138.85
12/10/21WARDELL, JORDAN5,108.19
12/10/21WILLIAMSON, MICHAEL3,959.86
12/10/21ZAPPA, ERIC4,237.34
12/10/21CORTESI, LUANNE2,316.89
12/10/21JANASZAK, MEGHAN3,175.14
12/10/21BRINK, TROY2,905.81
12/10/21BUCKLEY, BRENT3,264.74
12/10/21EDGE, DOUGLAS2,648.93
12/10/21JONES, DONALD2,656.61
12/10/21MEISSNER, BRENT2,635.99
12/10/21MLODZIK, JASON2,312.89
12/10/21NAGEL, BRYAN4,631.80
12/10/21OSWALD, ERICK2,868.9650.00
12/10/21RUNNING, ROBERT2,903.50
12/10/21TEVLIN, TODD2,672.61
12/10/21ZAHNOW, LANCE2,342.27
12/10/21BURLINGAME, NATHAN3,278.40
12/10/21DUCHARME, JOHN3,343.02
12/10/21ENGSTROM, ANDREW3,338.40
12/10/21JAROSCH, JONATHAN4,508.31
12/10/21LINDBLOM, RANDAL3,465.97
12/10/21LOVE, STEVEN6,091.22
12/10/21STRONG, TYLER3,181.60
12/10/21GERNES, CAROLE1,953.79
12/10/21FRIBERG, DAVID2,086.89
12/10/21HAYS, TAMARA2,377.61
12/10/21HINNENKAMP, GARY2,880.62
12/10/21NAUGHTON, JOHN2,640.61
12/10/21ORE, JORDAN2,633.69
12/10/21STOKES, KAL2,130.71
12/10/21HAMMOND, ELIZABETH2,710.85
12/10/21JOHNSON, ELIZABETH2,409.79
12/10/21JOHNSON, RANDY4,462.88
12/10/21KROLL, LISA2,438.00
12/10/21THOMSON, JEFFREY5,145.50
12/10/21FINWALL, SHANN3,974.61
12/10/21MARTIN, MICHAEL4,221.93
12/10/21DREWRY, SAMANTHA2,970.59
12/10/21LENTZ, DANIEL1,914.39
12/10/21WESTLUND, RONALD3,161.52
12/10/21WELLENS, MOLLY3,077.54
12/10/21BJORK, BRANDON45.00
12/10/21BRENEMAN, NEIL3,272.61
12/10/21CAMPBELL, KEVIN117.00
12/10/21GORACKI, GERALD138.00
12/10/21LO, SATHAE189.00
12/10/21ROBBINS, AUDRA4,817.58
12/10/21BERGO, CHAD3,787.41
Council Special Meeting Packet Page Number 9 of 67
G1, Attachment
12/10/21SCHMITZ, KEVIN2,534.49150.00
12/10/21SHEERAN JR, JOSEPH4,274.79
12/10/21ADAMS, DAVID2,578.30
12/10/21HAAG, MARK3,327.67
12/10/21JENSEN, JOSEPH2,582.49
12/10/21SCHULTZ, SCOTT4,601.89
12/10/21WILBER, JEFFREY2,616.19
12/10/21PRIEM, STEVEN2,967.72
12/10/21WOEHRLE, MATTHEW2,719.84
12/10/21XIONG, BOON2,656.41
12/10/21FOWLDS, MYCHAL5,181.02
12/10/21FRANZEN, NICHOLAS3,855.18
12/10/21GERONSIN, ALEXANDER3,234.24
12/10/21RENNER, MICHAEL3,726.40
626,408.45341.68
Council Special Meeting Packet Page Number 10 of 67
G2
CITY COUNCIL STAFF REPORT
Meeting Date December 20, 2021
Melinda Coleman
REPORT TO:
REPORT FROM: Ellen Paulseth, Finance Director
David Anderson, Kennedy & Graven
PRESENTER: Ellen Paulseth, Finance Director
Resolution Approving the Memorandum of Agreement Between the State
AGENDA ITEM:
of Minnesota and Local Governments and Authorizing Participation in
National Opioid Settlements
Action Requested: Motion Discussion Public Hearing
Form of Action: Resolution Ordinance Contract/Agreement Proclamation
Policy Issue:
Minnesota could receive as much as $337 million in a multistate settlement involving Johnson &
Johnson and the nationÓs three major pharmaceutical distributors Î Cardinal, McKesson and
AmerisourceBergen. This settlement comes as part of the national opioids litigation and involves
claims that the three distributors failed to fulfill their legal duty to refuse to ship opioids to pharmacies
that submitted suspicious drug orders and that Johnson & Johnson misled patients and doctors about
the addictive nature of opioid drugs. If the City Council enters into an agreement with the State of
Minnesota to participate in this settlement, Maplewood will be a direct recipient of opioid settlement
funding over the next 18 years. The purpose of the funding is for future opioid remediation activities.
Recommended Action:
Motion to adopt the Resolution Approving the Memorandum of Agreement between the State of
Minnesota and Local Governments and Authorizing Participation in National Opioid Settlements.
Fiscal Impact:
Is There a Fiscal Impact? No Yes, the true or estimated cost is n/a
Financing source(s): Adopted Budget Budget Modification New Revenue Source
Use of Reserves Other: N/A
Strategic Plan Relevance:
Financial Sustainability Integrated Communication Targeted Redevelopment
Operational Effectiveness Community Inclusiveness Infrastructure & Asset Mgmt.
The purpose of the settlement funding is to repair the harm done to communities through
irresponsible and misleading marketing and inadequate monitoring of prescriptions flowing to the
state. According to the MN Department of Health Drug Overdose Dashboard, 4,821 Minnesotans
died of opioid overdoses from 2000-2019.
Council Special Meeting Packet Page Number 11 of 67
G2
Background
Provided by David T. Anderson, Attorney, Kennedy & Graven
The Minnesota Attorney GeneralÓs Office recently finalized MinnesotaÓs settlements with certain
opioid distributors and manufacturers. These settlements come as part of national opioids litigation
and involve claims that the defendants failed to fulfill their legal duty to refuse to ship opioids to
pharmacies that submitted suspicious drug orders and misled patients and doctors about the
addictive nature of opioid drugs. All Minnesota cities are eligible to participate in the settlements but
in order to do so, a city must approve and sign the Minnesota Opioids Memorandum of Agreement
(MOA) and various participation forms on or before January 2, 2022. The attached council
resolution provides the requisite authority to do so. The MOA and the two participation forms are
also attached for reference.
Participating in the settlements requires the City to release any claims it might have against the
defendants, which I recommend in light of the settlements that were reached. The cities that are
entitled to receive local allocations under the settlements are those with populations of more than
30,000, those that are the local public health authority in their jurisdiction, and those that initiated
litigation on their own. Exhibit B of the MOA includes a list of public entities that are entitled to the
local fund allocation. Maplewood, of course, is included on that list.
Not only does participating entitle Maplewood to a portion of the local allocation, which are to be
used for the specific purposes outlined in the settlements, but only cities that participate are eligible
for grant money and other programming that might originate from the hundreds of millions in
settlement dollars. It is unknown whether Maplewood may want to participate in any future state or
county programming, but a failure to participate in the settlements now will likely preclude such
participation (in addition to precluding any local allocations earmarked for Maplewood). There is a
push for all cities, especially larger ones, to sign onto the settlements because that will have a
substantial impact on the total dollar amount received by state and local entities. In other words, the
more participation, the more money that public entities throughout Minnesota will receive. Again, I
recommend that the city council approve participating by adopting the attached resolution.
Provided by Ellen Paulseth, Finance Director
The amount of the settlement will depend on how many local governments enter into the agreement
with the State of Minnesota. Minnesota receives more funding based on the number of local
governments entering into the agreement.
According to the Minnesota Attorney GeneralÓs Office, this settlement marks the fifth time that
Minnesota has reached agreement with opioid companies to hold them accountable for their role in
creating and perpetuating the opioid epidemic.
On July 7, 2021, Minnesota resolved its lawsuit against Purdue Pharma and the Sackler family that
controlled Purdue in a multistate agreement that will make public tens of millions of documents
related to PurdueÓs role in the deadly opioid crisis. It also requires the Sacklers personally to pay
$4.325 billion over nine years for prevention, treatment, and recovery efforts in communities across
the country, in one of the largest amounts that individuals have paid to resolve a law enforcement
action in U.S. history. MinnesotaÓs share of those payments is expected to exceed $50 million over
nine years.
Council Special Meeting Packet Page Number 12 of 67
G2
In February 2021, Minnesota settled an investigation against consulting firm McKinsey related to
the firmÓs role in helping Purdue ÐturbochargeÑ opioid sales. As a result of that settlement, McKinsey
will pay almost $8 million to Minnesota to fund abatement efforts. As part of the settlement,
McKinsey is required to publicly disclose documents detailing its work for opioid companies.
In October 2020, Minnesota was part of a multistate settlement with opioid manufacturer
Mallinckrodt that requires Mallinckrodt to put $1.6 billion into a trust that will be disbursed over a
period of seven years to all the states and jurisdictions once it emerges from bankruptcy. In
addition, MNK will stop marketing its opioids and will put systems in place to prevent opioid misuse.
Significantly, MNK will also publicly disclose internal documents that show how it misrepresented
the risks and benefits of opioids and failed to curtail problematic orders for its opioid products,
among other things.
In January 2020, Minnesota was part of a multistate plan that liquidated opioid manufacturer Insys
Theraputics, Inc. in federal bankruptcy court. Along with Purdue Pharma, Insys was one of two
manufacturers of highly addictive opioids that the Attorney GeneralÓs Office sued. The plan requires
public disclosure of millions of InsysÓs internal documents related to its marketing of the opioid
Subsys, and provides monetary relief to states, local governments, and tribes.
Attachments
1.Resolution Approving the Memorandum of Agreement (MOA) between the State of Minnesota and
Local Governments and Authorizing Participation in National Opioid Settlements
2.Minnesota Opioids State-Subdivision Memorandum of Agreement
3.Janssen Settlement Subdivision Participation Form
4.Distributor Settlement Subdivision Participation Form
Council Special Meeting Packet Page Number 13 of 67
G2,Attachment1
CITY OF MAPLEWOOD
RESOLUTION NO. _____
A RESOLUTION APPROVING THE MEMORANDUM OF AGREEMENT (MOU) BETWEEN THE
STATE OF MINNESOTA AND LOCAL GOVERNMENTS AND AUTHORIZING PARTICIPATION
IN NATIONAL OPIOID SETTLEMENTS
WHEREAS, the State of Minnesota, Minnesota counties and cities, and their residents, have
been harmed by misconduct committed by certain entities that engage in the manufacture, marketing,
promotion, distribution, or dispensing of opioids; and
WHEREAS, the State of Minnesota and numerous Minnesota cities and counties joined with
thousands of local governments across the country to file lawsuits against opioid manufacturer and
pharmaceutical distribution companies and hold those companies accountable for their misconduct;
and
WHEREAS, representatives of local Minnesota governments, the League of Minnesota Cities,
the Association of Minnesota Counties, the Coalition of Greater Minnesota Cities, the State of
Minnesota, and the Minnesota Attorney GeneralÓs Office have negotiated and prepared a
Memorandum of Agreement (MOA) to provide for the equitable distribution of proceeds to the State
of Minnesota and to individual local governments from recent settlements in the national opioid
litigation; and
WHEREAS, by signing onto the MOA, the state and local governments maximize
MinnesotaÓs share of opioid settlement funds, demonstrate solidarity in response to the opioid
epidemic, and ensure needed resources reach the most impacted communities; and
WHEREAS, it is in the best interests of the State of Minnesota and the residents of the City
of Maplewood that the City participate in the national opioid litigation settlements.
NOW, THEREFORE, be it resolved by the City Council of the City of Maplewood,
Minnesota:
1.Participation in the opioid litigation settlements promotes the public health, safety, and
welfare of the residents of the City of Maplewood.
2.The City of Maplewood supports and opts-in to the national opioid litigation
settlements with the Distributors McKesson, Cardinal Health, and Amerisource
Bergen, and with the Manufacturer Johnson & Johnson.
3.The Memorandum of Agreement (MOA) between the State of Minnesota and Local
Governments relating to the distribution of settlement funds is approved.
4.City Staff is authorized to take such measures as necessary to sign the MOA and
otherwise participate in the national opioid settlements, including executing the
Participation Agreement and accompanying Release.
Council Special Meeting Packet Page Number 14 of 67
G2,Attachment1
th
day of December, 2021.
Adopted by the City Council of Maplewood, Minnesota this 20
___________________
Marylee Abrams, Mayor
Attested:
____________________
City Clerk
Council Special Meeting Packet Page Number 15 of 67
G2, Attachment 2
MINNESOTA OPIOIDS STATE-SUBDIVISION MEMORANDUM OF AGREEMENT
EREAS, the State of Minnesota, Minnesota counties and cities, and their people have been
WH
harmed by misconduct committed by certain entities that engage in or have engaged in the
manufacture, marketing, promotion, distribution, or dispensing of an opioid analgesic;
WHEREAS, certain Minnesota counties and cities, through their counsel, and the State, through
its Attorney General, are separately engaged in ongoing investigations, litigation, and settlement
discussions seeking to hold opioid manufacturers and distributors accountable for the damage
caused by their misconduct;
WHEREAS, the State and Local Governments share a common desire to abate and alleviate the
impacts of the misconduct described above throughout Minnesota;
WH
EREAS, while the State and Local Governments recognize the sums which may be available
from the aforementioned litigation will likely be insufficient to fully abate the public health crisis
caused by the opioid epidemic, they share a common interest in dedicating the most resources
possible to the abatement effort;
WHEREAS, the investigations and litigation with Johnson & Johnson, AmerisourceBergen,
Cardinal Health, and McKesson have resulted in National Settlement Agreements with those
companies, which the State has already committed to join;
WHEREAS, Minnesota’s share of settlement funds from the National Settlement Agreements will
be maximized only if all Minnesota counties, and cities of a certain size, participate in the
settlements;
WHEREAS, the National Settlement Agreements will set a default allocation between each state
and its political subdivisions unless they enter into a state-specific agreement regarding the
distribution and use of settlement amounts;
WHEREAS, this Memorandum of Agreementisintended to facilitate compliance by the State
and by the Local Governments with the terms of the National Settlement Agreements andis
intended to serve as a State-Subdivision Agreement under the National Settlement Agreements;
WHEREAS, this Memorandum of Agreementis also intended to serve as a State-Subdivision
Agreement under resolutions of claims concerning alleged misconduct in the manufacture,
marketing, promotion, distribution, or dispensing of an opioid analgesic entered in bankruptcy
court that provide for payments (including payments through a trust) to both the State and
Minnesota counties and citiesand allow for the allocation between a state and its political
subdivisions to be set through a state-specific agreement; and
WHEREAS, specifically, this Memorandum of Agreement is intended to serve under the
Bankruptcy Resolutions concerning Purdue Pharma and Mallinckrodt as a qualifying Statewide
Abatement Agreement.
1
Council Special Meeting Packet Page Number 16 of 67
G2, Attachment 2
I.Definitions
As used in this MOA (including the preamble above):
“Approved Uses” shall mean forward-looking strategies, programming, and services to
abate the opioid epidemic that fall within the list of uses on Exhibit A.Consistent with
the terms of the National Settlement Agreements and Bankruptcy Resolutions, “Approved
Uses” shall include the reasonable administrative expenses associated with overseeing and
administering Opioid Settlement Funds. Reimbursement by the State or Local
Governments for past expenses are not Approved Uses.
“Backstop Fund” is defined in Section VI.B below.
“Bankruptcy Defendants” mean Purdue Pharma L.P. and Mallinckrodt plc.
“Bankruptcy Resolution(s)” means resolutions of claims concerning alleged misconduct in
manufacture, marketing, promotion, distribution, or dispensing of an opioid analgesic by
the Bankruptcy Defendants entered in bankruptcy court that provide for payments
(including payments through a trust) to both the State and Minnesota counties and
municipalities and allow for the allocation between the state and its political subdivisions
to be set through a state-specific agreement.
“Counsel” is defined in Section VI.B below.
“County Area” shall mean a county in the State of Minnesota plus the Local Governments,
or portion of any Local Government, within that county.
“Governing Body” means (1) for a county, the county commissioners of the county, and
(2) for a municipality, the elected city council or the equivalent legislative body for the
municipality.
“Legislative Modification” is defined in Section II.C below.
“Litigating Local Governments” mean a Local Government that filed an opioid lawsuit(s)
on or before December 3, 2021, as defined in Section VI.B below.
“Local Abatement Funds” are defined in Section II.B below.
“Local Government” means all counties and cities within the geographic boundaries of the
state of Minnesota.
“MDL Matter” means the matter captioned In re National Prescription Opiate Litigation,
MDL 2804, pending in the United States District Court for the Northern District of Ohio.
“Memorandum of Agreement” or “MOA” mean this agreement, the Minnesota Opioids
State-Subdivision Memorandum of Agreement.
2
Council Special Meeting Packet Page Number 17 of 67
G2, Attachment 2
“National Settlement Agreements” means the national opioid settlement agreements with
the Parties and one or all of the Settling Defendants concerning alleged misconduct in
manufacture, marketing, promotion, distribution, or dispensing of an opioid analgesic.
“Opioid Settlement Funds” shall mean all funds allocated by the National Settlement
Agreements and any Bankruptcy Resolutions to the State and Local Governments for
purposes of opioid remediation activities or restitution, as well as any repayment of those
funds and any interest or investment earnings that may accrue as those funds are
temporarily held before being expended on opioid remediation strategies.
“Opioid Supply Chain Participants” means entities that engage in or have engaged in the
manufacture, marketing, promotion, distribution, or dispensing of an opioid analgesic,
including their officers, directors, employees, or agents, acting in their capacity as such.
“Parties” means the State and the Participating Local Governments.
“Participating Local Government” means a county or city within the geographic boundaries
of the State of Minnesota that has signed this Memorandum of Agreement and has executed
a release of claims with the Settling Defendants by signing on to the National Settlement
Agreements. For the avoidance of doubt, a Local Government must sign this MOA to
become a “Participating Local Government.”
“Region” is defined in Section II.H below.
“Settling Defendants” means Johnson & Johnson, AmerisourceBergen, Cardinal Health,
and McKesson, as well as their subsidiaries, affiliates, officers, and directors named in a
National Settlement Agreement.
“State” means the State of Minnesota by and through its Attorney General, Keith Ellison.
“State Abatement Fund” is defined in Section II.B below.
II. Allocation of Settlement Proceeds
A. Method of distribution. Pursuant to the National Settlement Agreements and any
Bankruptcy Resolutions, Opioid Settlement Funds shall be distributed directly to the State
anddirectly to Participating Local Governments in such proportions and for such usesas
set forth in this MOA, provided Opioid Settlement Funds shall not be considered funds of
the State or anyParticipatingLocal Government unless and until such time as each annual
distribution is made.
B.Overall allocation of funds. Opioid Settlement Funds will be initially allocated as follows:
(i) 25% directly to the State (“State Abatement Fund”), and (ii) 75% directly to abatement
funds established by Participating Local Governments (“Local Abatement Funds”). This
initial allocation is subject to modification by Sections II.F, II.G, and II.H, below.
3
Council Special Meeting Packet Page Number 18 of 67
G2, Attachment 2
C.Statutory change.
1. The Parties agree to work together in good faith to propose and lobby for legislation
in the 2022 Minnesota legislative session to modify the distribution of the State’s
Opiate Epidemic Response Fund under Minnesota Statutes section 256.043,
subd. 3(d),so that “50 percent of the remaining amount” is no longer appropriated
to county social services, as related to Opioid Settlement Funds that are ultimately
placed into the Minnesota Opiate Epidemic Response Fund (“Legislative
1
Modification”). Such efforts include, but are not limited to, providing testimony
and letters in support of the Legislative Modification.
2. It is the intent of the Parties that the Legislative Modification would affect only the
county share under section 256.043, subd. 3(d), and would not impact the provision
of funds to tribal social service agencies.Further, it is the intent of the Parties that
the Legislative Modification would relate only to disposition of Opioid Settlement
Funds and is not predicated on a change to the distribution of the Board of
Pharmacy fee revenue that is deposited into the Opiate Epidemic Response Fund.
D. Bill Drafting Workgroup. The Parties will work together to convene a Bill Drafting
Workgroup to recommend draft legislationto achieve this Legislative Modification. The
Workgroup will meet as often as practicable in December 2021 and January 2022 until
recommended language is completed. Invitations to participate in the group shall be
extended to the League of Minnesota Cities, the Association of Minnesota Counties, the
Coalition of Greater Minnesota Cities,state agencies, the Governor’s Office, the Attorney
General’s Office, the Opioid Epidemic Response Advisory Council, the Revisor’s Office,
and Minnesota tribal representatives. The Workgroup will host meetings with Members of
the Minnesota House of Representatives and Minnesota Senatewho have been involved in
this matter to assist in crafting a bill draft.
E. No payments until August 1, 2022. The Parties agree to take all steps necessary to ensure
that any Opioid Settlement Funds ready for distribution directly to the State and
Participating Local Governments under the National Settlement Agreements or
Bankruptcy Resolutions are not actually distributed to the Parties until on or after August
1, 2022, in order to allow the Parties to pursue legislative change that would take effect
before the Opioid Settlement Funds are received by the Parties. Such steps may include,
but are not limited to, the Attorney General’s Office delaying its filing of Consent
Judgments in Minnesota state court memorializing the National Settlement Agreements.
This provision will cease to apply upon the effective date of the Legislative Modification
described above, if that date is prior to August 1, 2022.
1
It is the intent of the Parties that counties will continue to fund child protection services for
children and families who are affected by addiction, in compliance with the Approved Uses in
Exhibit A.
4
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F. Effect of no statutory change by August 1, 2022. If the Legislative Modification described
above does not take effect by August 1, 2022, the allocation between the Parties set forth
in Section II.B shallbe modified as follows: (i) 40% directly to the State Abatement Fund,
and (ii) 60% to Local Abatement Funds. The Parties further agree to discuss potential
amendment of this MOA if such legislation does not timely go into effect in accordance
with this paragraph.
G.Effect of later statutory change. If the Legislative Modification described abovetakes
effect after August 1, 2022, the allocation between the Parties will be modified as follows:
(i) 25% directly to the State Abatement Fund, and (ii) 75% to Local Abatement Funds.
H.Effect of partial statutory change. If any legislative action otherwise modifies or
diminishes the direct allocation of Opioid Settlement Funds to Participating Local
Governments so that as a result the Participating Local Governments would receive less
than 75 percent of the Opioid Settlement Funds (inclusive of amounts received by counties
per statutory appropriation through the Minnesota Opiate Epidemic Response Fund), then
the allocation set forth in Section II.B will be modified to ensure Participating Local
Governments receive 75% of the Opioid Settlement Funds.
I. Participating Local Governments receiving payments. The proportions set forth in
Exhibit B provide for payments directly to: (i) all Minnesota counties; and (ii) all
Minnesota cities that (a) have a population of more than 30,000, based on the United States
Census Bureau’s Vintage 2019 population totals, (b) have funded or otherwise managed
an established health care or treatment infrastructure (e.g., health department or similar
agency), or (c) have initiated litigation against the Settling Defendants as of December 3,
2021.
J.Allocation of funds between Participating Local Governments. The Local Abatement
Funds shall be allocated to Participating Local Governments in such proportions as set
forth in Exhibit B, attached hereto and incorporated herein by reference, which is based
2
upon the MDL Matter’s Opioid Negotiation Class Model.
The proportions shall not
change based on population changes during the term of the MOA. However, to the extent
required by the terms of the National Settlement Agreements, the proportions set forth in
Exhibit B must be adjusted: (i) to provide no payment from the National Settlement
Agreements to any listed county or municipality that does not participate in the National
Settlement Agreements; and (ii) to provide a reduced payment from the National
Settlement Agreements to any listed county or city that signs on to the National Settlement
Agreements after the Initial Participation Date.
K. Redistribution in certain situations. In the event a Participating Local Government merges,
dissolves, or ceases to exist, the allocation percentage for that Participating Local
2
More specifically, the proportions in Exhibit B werecreated based on Exhibit G to the National
Settlement Agreements, which in turn was based on the MDL Matter’s allocation criteria. Cities
under 30,000 in population that had shares under the Exhibit G default allocation were removed
and their shares were proportionally reallocated amongst the remaining subdivisions.
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Government shall be redistributed equitably based on the composition of the successor
Local Government. In the event an allocation to a Local Governmentcannot be paid to the
Local Government, such unpaid allocations will be allocated to Local Abatement Funds
and be distributed in such proportions as set forth in Exhibit B.
L. City may direct payments to county. Any city allocated a share may elect to have its full
shareor a portion of its full shareof current or future annual distributions of settlement
funds instead directed to the county or counties in which it is located, so long as that county
or counties are Participating Local Governments\[s\]. Such an election must be made by
January 1 each year to apply to the following fiscal year. If a city is located in more than
one county, the city’s funds will be directed based on the MDL Matter’s Opioid
Negotiation Class Model.
III.Special Revenue Fund
A. Creation of special revenue fund. Every Participating Local Government receiving Opioid
Settlement Funds through direct distribution shall create a separate special revenue fund,
as described below, that is designated for the receipt and expenditure of Opioid Settlement
Funds.
B.Procedures for special revenue fund. Funds in this special revenue fund shall not be
commingled with any other money or funds of the Participating Local Government. The
funds in the special revenue fund shall not be used for any loans or pledge of assets, unless
the loan or pledge is for an Approved Use. Participating Local Governments may not
assign to another entity their rights to receive payments of Opioid Settlement Funds or their
responsibilities for funding decisions, except as provided in Section II.L.
C.Process for drawing from special revenue funds.
1. Opioid Settlement Funds can be used for a purpose when the Governing Body
includes in its budget or passes a separate resolution authorizing the expenditure of
a stated amount of Opioid Settlement Funds for that purpose or those purposes
during a specified period of time.
2. The budget or resolution must (i) indicate that it is an authorization for expenditures
of opioid settlement funds; (ii) state the specific strategy or strategies the county or
city intends to fund, using the item letter and/or number in Exhibit A to identify
each funded strategy, if applicable; and (iii) state the amount dedicated to each
strategy for a stated period of time.
D. Local government grantmaking. Participating Local Governments may make contracts
with or grants to a nonprofit, charity, or other entity with Opioid Settlement Funds.
E. Interest earned on special revenue fund. The funds in the special revenue fund may be
invested, consistent with the investment limitations for local governments, and may be
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placed in an interest-bearing bank account. Any interest earned on the special revenue
funds must be used in a way that is consistent with this MOA.
IV.Opioid Remediation Activities
A. Limitation on use of funds. This MOA requires that Opioid Settlement Funds be utilized
only for future opioid remediation activities, and Parties shall expend Opioid Settlement
Funds only for Approved Uses and for expenditures incurred after the effective date of this
MOA, unless execution ofthe National Settlement Agreements requires a later date.
Opioid Settlement Funds cannot be used to pay litigation costs, expenses, or attorney fees
arising from the enforcement of legal claims related to the opioid epidemic, except for the
portion of Opioid Settlement Funds that comprise the Backstop Fund described in Section
VI. For the avoidance of doubt, counsel for Litigating Local Governments may recover
litigation costs, expenses, or attorney fees from the common benefit, contingency fee, and
cost funds established in the National Settlement Agreements, as well as the Backstop Fund
described in Section VI.
B.Public health departments as Chief Strategists. For Participating Local Governments that
have public health departments, the public health departments shall serve as the lead
agency and Chief Strategist to identify, collaborate, and respond to local issues as Local
Governments decide how to leverage and disburse Opioid Settlement Funds. In their role
as Chief Strategist, public health departments will convene multi-sector meetings and lead
efforts that build upon local efforts like Community Health Assessments and Community
Health Improvement Plans, while fostering community focused and collaborative
evidence-informedapproaches that prevent and address addiction across the areas of public
health, human services, and public safety. Chief Strategists should consult with
municipalities located within their county in the development of any Community Health
Assessment, and are encouraged to collaborate with law enforcement agencies in the
county where appropriate.
C.Administrative expenses. Reasonable administrative costs for the State or Local
Government to administer its allocation of the Opioid Settlement Funds shall not exceed
actual costs, 10% of the relevant allocation of the Opioid Settlement Funds, or any
administrative expense limitation imposed by the National Settlement Agreements or
Bankruptcy Resolution, whichever is less.
D. Regions. Two or more Participating Local Governments may at their discretion form a
new group or utilize an existing group (“Region”) to pool their respective shares of
settlement funds and make joint spending decisions. Participating Local Governments may
choose to create a Region or utilize an existing Region under a joint exercise of powers
under Minn. Stat. § 471.59.
E. Consultation and partnerships.
1. Each county receiving Opioid Settlement Funds must consult annually with the
municipalities in the county regarding future use of the settlement funds in the
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county, including by holding an annual meeting with all municipalities in the
county in order to receive input as to proposed uses of the Opioid Settlement Funds
and to encourage collaboration between Local Governments both within and
beyond the county. These meetings shall be open to the public.
2. Participating Local Governments within the same County Area have a duty to
regularly consult with each other to coordinate spending priorities.
3. Participating Local Governments can form partnerships at the local level whereby
Participating Local Governments dedicate a portion of their Opioid Settlement
Funds to support city- or community-based work with local stakeholders and
partners within the Approved Uses.
F. Collaboration. The State and Participating Local Governments must collaborate to
promote effective use of Opioid Settlement Funds, including through the sharing of
expertise, training, and technical assistance. They will also coordinate with trusted
partners, including community stakeholders, to collect and share information about
successful regional and other high-impact strategies and opioid treatment programs.
V.Reporting and Compliance
A. Construction of reporting and compliance provisions. Reporting and compliance
requirements will be developed and mutually agreed upon by the Parties, utilizing the
recommendations provided by the Advisory Panel to the Attorney General on Distribution
and Allocation of Opioid Settlement Funds.
B.Reporting Workgroup. The Parties will work together to establish a Reporting Workgroup
that includes representatives of the Attorney General’s Office, state stakeholders, and city
and county representatives, who will meet on a regular basis to develop reporting and
compliance recommendations. The Reporting Workgroup must produce a set of reporting
and compliance measures by June 1, 2022. Such reporting and compliance measures will
be effective once approved by representatives of the Attorney General’s Office, the
Governor’s Office, the Association of Minnesota Counties, and the League of Minnesota
Cities that are on the Workgroup.
VI.Backstop Fund
A. National Attorney Fee Fund. The National Settlement Agreements provide for the payment
of all or a portion of the attorney fees and costs owed by Litigating Local Governments to
private attorneys specifically retained to file suit in the opioid litigation (“National
Attorney Fee Fund”). The Parties acknowledge that the National Settlement Agreements
may provide for a portion of the attorney fees of Litigating Local Governments.
B.Backstop Fund and Waiver of Contingency Fee. The Parties agree that the Participating
Local Governments will create a supplemental attorney fees fund (the “Backstop Fund”)
to be used to compensate private attorneys(“Counsel”)for Local Governments that filed
opioid lawsuits on or before December 3, 2021(“Litigating Local Governments”). By
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3
dated August 6, 2021, Judge Polster capped all applicable contingent fee agreements
order
at 15%. Judge Polster’s 15% cap does not limit fees from the National Attorney Fee Fund
or from any state backstop fund for attorney fees, but private attorneys for local
governments must waive their contingent fee agreements to receive payment from the
NationalAttorney Fee Fund. Judge Polster recognized that a state backstop fund can be
designed to incentivize private attorneys to waive their right to enforce contingent fee
agreements and instead apply to the National Attorney Fee Fund, with the goals of
achieving greater subdivision participation and higher ultimate payouts to both states and
local governments. Accordingly, in order to seek payment from the Backstop Fund,
Counsel must agree to waive their contingency fee agreements relating to these National
Settlement Agreements and first apply to the National Attorney Fee Fund.
C.Backstop Fund Source. The Backstop Fund will be funded by seven percent (7%) of the
share of each payment made to the Local Abatement Funds from the National Settlement
Agreements (annual or otherwise), based upon the initial allocation of 25% directly to the
State Abatement Fund and 75% directly to Local Abatement Funds, and will not include
payments resulting from the Purdue or Mallinckrodt Bankruptcies. In the event that the
initial allocation is modified pursuant to Section II.F. above, then the Backstop Fund will
be funded by 8.75% of the share of each payment made to the Local Abatement Funds
from the National Settlement Agreements (annual or otherwise), based upon the modified
allocation of 40% directly to the State Abatement Fund and 60% directly to the Local
Abatement Funds, and will not include payments resulting from the Purdue or Mallinckrodt
Bankruptcies. In the event that the allocation is modified pursuant to Section II.G. or
Section II.H. above, back to an allocation of 25% directly to the State Abatement Fund and
75% directly to Local Abatement Funds, then the Backstop Fund will be funded by 7% of
the share of each payment made to the Local Abatement Funds from the National
Settlement Agreements (annual or otherwise), and will not include payments resulting from
the Purdue or Mallinckrodt Bankruptcies.
D. Backstop Fund Payment Cap. Any attorney fees paid from the Backstop Fund, together
with any compensation received from the National Settlement Agreements’ Contingency
Fee Fund, shall not exceed 15% of the total gross recovery of the Litigating Local
Governments’ share of funds from the National Settlement Agreements. To avoid doubt,
in no instance will Counsel receive more than 15% of the amount paid to their respective
Litigating Local Government client(s) when taking into account what private attorneys
receive from both the Backstop Fund and any fees received from the National Settlement
Agreements’ Contingency Fee Fund.
E. Requirements to Seek Payment from Backstop Fund. A private attorney may seek payment
from the Backstop Fund in the event that funds received by Counsel from the National
Settlement Agreements’ Contingency Fee Fund are insufficient to cover the amount that
would be due to Counsel under any contingency fee agreement with a Litigating Local
Government based on any recovery Litigating Local Governments receive from the
National Settlement Agreements. Before seeking any payment from the Backstop Fund,
3
Order, In re: Nat’l Prescription Opiate Litig., Case No. 17-MD-02804, Doc. No. 3814 (N.D. Ohio
August 6, 2021).
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private attorneys must certify that they first sought fees from the National Settlement
Agreements’ Contingency Fee Fund, and must certify that they agreed to accept the
maximum fees payments awarded to them. Nothing in this Section, or in the terms of this
Agreement, shall be construed as a waiver of fees, contractual or otherwise, with respect
to fees that may be recovered under a contingency fee agreement or otherwise from other
past or future settlements, verdicts, or recoveries related to the opioid litigation.
F. Special Master. A special master will administer the Backstop Fund, including overseeing
any distribution, evaluating the requests of Counsel for payment, and determining the
appropriate amount of any payment from the Backstop Fund. The special master will be
selected jointly by the Minnesota Attorney General and the Hennepin County Attorney,
and will be one of the following individuals: Hon. Jeffrey Keyes, Hon. David Lillehaug;
or Hon. Jack Van de North. The special master will be compensated from the Backstop
Fund. In the event that a successor special master is needed, the Minnesota Attorney
General and the Hennepin County Attorney will jointly select the successor special master
from the above-listed individuals. If none of the above-listed individuals is available to
serve as the successor special master, then the Minnesota Attorney General and the
Hennepin County Attorney will jointly select a successor special master from a list of
individuals that is agreed upon between the Minnesota Attorney General, the Hennepin
County Attorney, and Counsel.
G. Special Master Determinations. The special master will determine the amount and timing
of any payment to Counsel from the Backstop Fund. The special master shall make one
determination regarding payment of attorney fees to Counsel, which will apply through the
term of the recovery from the National Settlement Agreements. In making such
determinations, the special master shall consider the amounts that have been or will be
received by the private attorney’s firm from the National Settlement Agreements’
Contingency Fee Fund relating to Litigating Local Governments; the contingency fee
contracts; the dollar amount of recovery for Counsel’s respective clients who are Litigating
Local Governments; the Backstop Fund Payment Cap above; the complexity of the legal
issues involved in the opioid litigation; work done to directly benefit the Local
Governments within the State of Minnesota; and the principles set forth in the Minnesota
Rules of Professional Conduct, including the reasonable and contingency fee principles of
Rule 1.5. In the interest of transparency, Counsel shall provide information in their initial
fee application about the total amount of fees that Counsel have received or will receive
from the National Attorney Fee Fund related to the Litigating Local Governments.
H. Special Master Proceedings. Counsel seeking payment from the Backstop Fund may also
provide written submissions to the special master, which may include declarations from
counsel, summaries relating to the factors described above, and/or attestation regarding
total payments awarded or anticipated from the National Settlement Agreements’
Contingency Fee Fund. Private attorneys shall not be required to disclose work product,
proprietary or confidential information, including but not limited to detailed billing or
lodestar records. To the extent that counsel rely upon written submissions to support their
application to the special master, the special master will incorporate said submission or
summary into the record. Any proceedings before the special master and documents filed
with the special master shall be public, and the special master’s determinations regarding
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any payment from the Backstop Funds shall be transparent, public, final, and not
appealable.
I. Distribution of Any Excess Funds. To the extent the special master determines that the
Backstop Fund exceeds the amount necessary for payment to Counsel, the special master
shall distribute any excess amount to ParticipatingLocal Governments according to the
percentages set forth in Exhibit B.
J.Term. The Backstop Fund will be administered for (a) the length of the National Litigation
Settlement payments; or (b) until all Counsel for Litigating Local Governments have either
(i) received payments equal to the Backstop Fund Payment Cap above or (ii) received the
full amount determined by the special master; whichever occurs first.
K. No State Funds Toward Attorney Fees. For the avoidance of doubt, no portion of the State
Abatement Fund will be used to fund the Backstop Fund or in any other way to fund any
Litigating Local Government’s attorney fees and expenses. Any funds that the State
receives from the National Settlement Agreements as attorney fees and costs or in lieu of
attorney fees and costs, including the Additional Restitution Amounts, will be treated as
State Abatement Funds.
VII.GeneralTerms
A. Scope of agreement. This MOA applies toall settlements under theNational Settlement
Agreements with Settling Defendants and the Bankruptcy Resolutions with Bankruptcy
4
Defendants. The Parties agree to discuss the use, as the Parties may deem appropriate in
the future, of the settlement terms set out herein (after any necessary amendments) for
resolutions with Opioid Supply Chain Participants not covered by the National Settlement
Agreements or a Bankruptcy Resolution. The Parties acknowledge that this MOA does
not excuse any requirements placed upon them by the terms of the National Settlement
Agreements or any Bankruptcy Resolution, except to the extent those terms allow for a
State-Subdivision Agreement to do so.
B.When MOA takes effect.
1. This MOA shall become effective at the time a sufficient number of Local
Governments have joined the MOA to qualify this MOA as a State-Subdivision
Agreement under the National Settlement Agreements or as a Statewide Abatement
Agreement under any Bankruptcy Resolution. If this MOA does not thereby
qualify as a State-Subdivision Agreement or Statewide Abatement Agreement, this
MOA will have no effect.
2. The Parties may conditionally agree to sign on to the MOA through a letter of intent,
resolution, or similar written statement, declaration, or pronouncement declaring
4
For the avoidance of doubt, this includes settlements reached with AmerisourceBergen, Cardinal
Health, and McKesson, and Janssen, and Bankruptcy Resolutions involving Purdue Pharma L.P.,
and Mallinckrodt plc.
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their intent to sign on to the MOA if the threshold for Party participation in a
specific Settlement is achieved.
C.Dispute resolution.
1. If any Party believes another Party has violated the terms of this MOA, the alleging
Party may seek to enforce the terms of this MOA in Ramsey County District Court,
provided the alleging Party first provides notice to the alleged offending Party of
the alleged violation and a reasonable opportunity to cure the alleged violation.
2. If a Party believes another Party, Region, or individual involved in the receipt,
distribution, or administration of Opioid Settlement Funds has violated any
applicable ethics codes or rules, a complaint shall be lodged with the appropriate
forum for handling such matters.
3. If a Party believes another Party, Region, or individual involved in the receipt,
distribution, or administration of Opioid Settlement Funds violated any Minnesota
criminal law, such conduct shall be reported to the appropriate criminal authorities.
D. Amendments. The Parties agree to make such amendments as necessary to implement the
intent of this MOA.
E. Applicable law and venue. Unless otherwise required by the National Settlement
Agreements or a Bankruptcy Resolution, this MOA, including any issues related to
interpretation or enforcement, is governed by the laws of the State of Minnesota. Any
action related to the provisions of this MOA must be adjudicated by the Ramsey County
District Court. If any provision of this MOA is held invalid by any court of competent
jurisdiction, this invalidity does not affect any other provision which can be given effect
without the invalid provision.
F. Relationshipof this MOA to other agreements and resolutions. All Parties acknowledge
and agree that the National Settlement Agreements will require a Participating Local
Government to release all its claims against the Settling Defendants to receive direct
allocation of Opioid Settlement Funds. All Parties further acknowledge and agree that
based on the terms of the National Settlement Agreements, a Participating Local
Government may receive funds through this MOA only after complying with all
requirements set forth in the National Settlement Agreements to release its claims. This
MOA is not a promise from any Party that any National Settlement Agreements or
Bankruptcy Resolution will be finalized or executed.
G. When MOA is no longer in effect. This MOA is effective until one year after the last date
on which any Opioid Settlement Funds are being spent by the Parties pursuant to the
National Settlement Agreements and any Bankruptcy Resolution.
H. No waiverfor failure to exercise. The failure of a Party to exercise any rights under this
MOA will not be deemed to be a waiver of any right or any future rights.
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I.No effect on authority of Parties. Nothing in this MOA should be construed to limit the
power or authority of the State of Minnesota, the Attorney General, or the Local
Governments, except as expressly set forth herein.
J.Signing and execution. This MOA may be executed in counterparts, each of which
constitutes an original, and all of which constitute one and the same agreement. This MOA
may be executed by facsimile or electronic copy in any image format.Each Party
represents that all procedures necessary to authorize such Party’s execution of this MOA
have been performed and that the person signing for such Party has been authorized to
execute the MOA in an official capacity that binds the Party.
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This Minnesota Opioids State-Subdivision Memorandum of Agreement is signed
this ___day of ____________, ______ by:
____________________________________________
Name and Title: _______________________________
On behalf of: _________________________________
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EXHIBIT A
List of Opioid Remediation Uses
Settlement fund recipients shall choose from among abatement strategies, including but not
limited to those listed in this Exhibit. The programs and strategies listed in this Exhibit are not
exclusive, and fund recipients shall have flexibility to modify their abatement approach as
needed and as new uses are discovered.
PART ONE: TREATMENT
A. TREAT OPIOID USE DISORDER (OUD)
Support treatment of Opioid Use Disorder (“OUD”) and any co-occurring Substance Use
Disorder or Mental Health (“SUD/MH”) conditions through evidence-based or evidence-
56
informed programsor strategies that may include, but are not limited to, those that:
1. Expand availability of treatment for OUD and any co-occurring SUD/MH
conditions, including all forms of Medication for Opioid Use Disorder
7
(“MOUD”) approved by the U.S. Food and Drug Administration.
2. Support and reimburse evidence-based services that adhere to the American
Society of Addiction Medicine (“ASAM”) continuum of care for OUD and any co-
occurring SUD/MH conditions.
3. Expand telehealth to increase access to treatment for OUD and any co-occurring
SUD/MH conditions, including MOUD, as well as counseling, psychiatric
support, and other treatment and recovery support services.
4. Improve oversight of Opioid Treatment Programs (“OTPs”) to assure evidence-
based or evidence-informed practices such as adequate methadone dosing and low
threshold approaches to treatment.
5
Use of the terms “evidence-based,” “evidence-informed,” or “best practices” shall not limit the
ability of recipients to fund innovative services or those built on culturally specific needs. Rather,
recipients are encouraged to support culturally appropriate services and programs for persons with
OUD and any co-occurring SUD/MH conditions.
6
As used in this Exhibit, words like “expand,” “fund,” “provide” or the like shall not indicate a
preference for new or existing programs.
7
Historically, pharmacological treatment for opioid use disorder was referred to as “Medication-
Assisted Treatment” (“MAT”). It has recently been determined that the better term is “Medication
for Opioid Use Disorder” (“MOUD”). This Exhibit will use “MOUD” going forward. Use of the
term MOUD is not intended to and shall in no way limit abatement programs or strategies now or
into the future as new strategies and terminology evolve.
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5. Support mobile intervention, treatment, and recovery services, offered by
qualified professionals and service providers, such as peer recovery coaches, for
persons with OUD and any co-occurring SUD/MH conditions and for persons
who have experienced an opioid overdose.
6. Provide treatment of trauma for individuals with OUD (e.g., violence, sexual
assault, human trafficking, or adverse childhood experiences) and family
members (e.g., surviving family members after an overdose or overdose fatality),
and training of health care personnel to identify and address such trauma.
7. Support detoxification (detox) and withdrawal management services for people
with OUD and any co-occurring SUD/MH conditions, including but not limited to
medical detox, referral to treatment, or connections to other services or supports.
8. Provide training on MOUD for health care providers, first responders, students, or
other supporting professionals, such as peer recovery coaches or recovery
outreach specialists, including telementoring to assist community-based providers
in rural or underserved areas.
9. Support workforce development for addiction professionals who work with
persons with OUD and any co-occurring SUD/MH or mental health conditions.
10. Offer fellowships for addiction medicine specialists for direct patient care,
instructors, and clinical research for treatments.
11. Offer scholarships and supports for certified addiction counselors, licensed
alcohol and drug counselors, licensed clinical social workers, licensed mental
health counselors, and other mental and behavioral health practitioners or
workers, including peer recovery coaches, peer recovery supports, and treatment
coordinators, involved in addressing OUD and any co-occurring SUD/MH or
mental health conditions, including, but not limited to, training, scholarships,
fellowships, loan repayment programs, continuing education, licensing fees, or
other incentives for providers to work in rural or underserved areas.
12. Provide funding and training for clinicians to obtain a waiver under the federal
Drug Addiction Treatment Act of 2000 (“DATA 2000”) to prescribe MOUD for
OUD, and provide technical assistance and professional support to clinicians who
have obtained a DATA 2000 waiver.
13. Dissemination of 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.
14. Develop and disseminate new curricula, such as the American Academy of
Addiction Psychiatry’s Provider Clinical Support Service for Medication–
Assisted Treatment.
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B.SUPPORT PEOPLE IN TREATMENT AND RECOVERY
Support people in recovery from OUD and any co-occurring SUD/MH conditions
through evidence-based or evidence-informed programs or strategies that may include,
but are not limited to, the programs or strategies that:
1. Provide comprehensive wrap-around services to individuals with OUD and any
co-occurring SUD/MH conditions, including housing, transportation, education,
job placement, job training, or childcare.
2. Provide the full continuum of care of treatment and recovery services for OUD
and any co-occurring SUD/MH conditions, including supportive housing, peer
support services and counseling, community navigators, case management, and
connections to community-based services.
3. Provide counseling, peer-support, recovery case management and residential
treatment with access to medications for those who need it to persons with OUD
and any co-occurring SUD/MH conditions.
4. Provide access to housing for people with OUD and any co-occurring SUD/MH
conditions, including supportive housing, recovery housing, housing assistance
programs, training for housing providers, or recovery housing programs that allow
or integrate FDA-approved medication with other support services.
5. Provide community support services, including social and legal services, to assist
in deinstitutionalizing persons with OUD and any co-occurring SUD/MH
conditions.
6. Support or expand peer-recovery centers, which may include support groups,
social events, computer access, or other services for persons with OUD and any
co-occurring SUD/MH conditions.
7. Provide or support transportation to treatment or recovery programs or services
for persons with OUD and any co-occurring SUD/MH conditions.
8. Provide employment training or educational services for persons in treatment for
or recovery from OUD and any co-occurring SUD/MH conditions.
9. Identify successful recovery programs such as physician, pilot, and college
recovery programs, and provide support and technical assistance to increase the
number and capacity of high-quality programs to help those in recovery.
10. Engage non-profits, faith-based communities, and community coalitions to
support people in treatment and recovery and to support family members in their
efforts to support the person with OUD in the family.
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11. Provide training and development of procedures for government staff to
appropriately interact and provide social and other services to individuals with or
in recovery from OUD, including reducing stigma.
12. Support stigma reduction efforts regarding treatment and support for persons with
OUD, including reducing the stigma on effective treatment.
13. Create or support culturally appropriate services and programs for persons with
OUD and any co-occurring SUD/MH conditions, including but not limited to new
Americans, African Americans, and American Indians.
14. Create and/or support recovery high schools.
15. Hire or train behavioral health workers to provide or expand any of the services or
supports listed above.
C. CONNECT PEOPLE WHO NEED HELP TO THE HELP THEY NEED
(CONNECTIONS TO CARE)
Provide connections to care for people who have—or are at risk of developing—OUD
and any co-occurring SUD/MH conditions through evidence-based or evidence-informed
programs or strategies that may include, but are not limited to, those that:
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 disorders, including SBIRT services
to pregnant women who are uninsured or not eligible for Medicaid.
3. Provide training and long-term implementation of SBIRT in key systems (health,
schools, colleges, criminal justice, and probation), with a focus on youth and
young adults when transition from misuse to opioid disorder is common.
4. Purchase automated versions of SBIRT and support ongoing costs of the
technology.
5. Expand services such as navigators and on-call teams to begin MOUD in hospital
emergency departments.
6. Provide training for emergency room personnel treating opioid overdose patients
on post-discharge planning, including community referrals for MOUD, recovery
case management or support services.
7. Support hospital programs that transition persons with OUD and any co-occurring
SUD/MH conditions, or persons who have experienced an opioid overdose, into
clinically appropriate follow-up care through a bridge clinic or similar approach.
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8. Support crisis stabilization centers that serve as an alternative to hospital
emergency departments for persons with OUD and any co-occurring SUD/MH
conditions or persons that have experienced an opioid overdose.
9. Support the 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.
10. Provide funding for peer support specialists or recovery coaches in emergency
departments, detox facilities, recovery centers, recovery housing, or similar
settings; offer services, supports, or connections to care to persons with OUD and
any co-occurring SUD/MH conditions or to persons who have experienced an
opioid overdose.
11. Expand warm hand-off services to transition to recovery services.
12. Create or support school-based contacts that parents can engage with to seek
immediate treatment services for their child; and support prevention, intervention,
treatment, and recovery programs focused on young people.
13. Develop and support best practices on addressing OUD in the workplace.
14. Support assistance programs for health care providers with OUD.
15. Engage non-profits and the faith community as a system to support outreach for
treatment.
16. Support centralized call centers that provide information and connections to
appropriate services and supports for persons with OUD and any co-occurring
SUD/MH conditions.
D. ADDRESS THE NEEDS OF CRIMINAL JUSTICE-INVOLVED PERSONS
Address the needs of persons with OUD and any co-occurring SUD/MH conditions who
are involved in, are at risk of becoming involved in, or are transitioning out of the
criminal justice system through evidence-based or evidence-informed programs or
strategies that may include, but are not limited to, those that:
1. Support pre-arrest or pre-arraignment diversion and deflection strategies for
persons with OUD and any co-occurring SUD/MH conditions, including
established strategies such as:
1. Self-referral strategies such as the Angel Programs or the Police Assisted
Addiction Recovery Initiative (“PAARI”);
2. Active outreach strategies such as the Drug Abuse Response Team
(“DART”) model;
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3. “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 or other appropriate services;
4. Officer prevention strategies, such as the Law Enforcement Assisted
Diversion (“LEAD”) model;
5. Officer intervention strategies such as the Leon County, Florida Adult
Civil Citation Network or the Chicago Westside Narcotics Diversion to
Treatment Initiative; or
6. Co-responder and/or alternative responder models to address OUD-related
911 calls with greater SUD expertise.
2. Support pre-trial services that connect individuals with OUD and any co-
occurring SUD/MH conditions to evidence-informed treatment, including
MOUD, and related services.
3. Support treatment and recovery courts that provide evidence-based options for
persons with OUD and any co-occurring SUD/MH conditions.
4. Provide evidence-informed treatment, including MOUD, recovery support, harm
reduction, or other appropriate services to individuals with OUD and any co-
occurring SUD/MH conditions who are incarcerated in jail or prison.
5. Provide evidence-informed treatment, including MOUD, recovery support, harm
reduction, or other appropriate services to individuals with OUD and any co-
occurring SUD/MH conditions who are leaving jail or prison or have recently left
jail or prison, are on probation or parole, are under community corrections
supervision, or are in re-entry programs or facilities.
6. 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.
7. Provide training on best practices for addressing the needs of criminal justice-
involved persons with OUD and any co-occurring SUD/MH conditions to law
enforcement, correctional, or judicial personnel or to providers of treatment,
recovery, harm reduction, case management, or other services offered in
connection with any of the strategies described in this section.
E.ADDRESS THE NEEDS OF THE PERINATAL POPULATION, CAREGIVERS,
AND FAMILIES, INCLUDING BABIES WITH NEONATAL OPIOID
WITHDRAWAL SYNDROME.
Address the needs of the perinatal population and caregivers with OUD and any co-
occurring SUD/MH conditions, and the needs of their families, including babies with
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neonatal opioid withdrawal syndrome (“NOWS”), through evidence-based or evidence-
informed programs or strategies that may include, but are not limited to, those that:
1. Support evidence-based or evidence-informed treatment, including MOUD,
recovery services and supports, and prevention services for the perinatal
population—or individuals who could become pregnant—who have OUD and
any co-occurring SUD/MH conditions, and other measures to educate and provide
support to caregivers and families affected by Neonatal Opioid Withdrawal
Syndrome.
2. Expand comprehensive evidence-based treatment and recovery services, including
MOUD, for uninsured individuals with OUD and any co-occurring SUD/MH
conditions for up to 12 months postpartum.
3. Provide training for obstetricians or other healthcare personnel who work with the
perinatal population and their families regarding treatment of OUD and any co-
occurring SUD/MH conditions.
4. Expand comprehensive evidence-based treatment and recovery support for
NOWS babies; expand services for better continuum of care with infant-caregiver
dyad; and expand long-term treatment and services for medical monitoring of
NOWS babies and their caregivers and families.
5. Provide training to health care providers who work with the perinatal population
and caregivers on best practices for compliance with federal requirements that
children born with NOWS get referred to appropriate services and receive a plan
of safe care.
6. Provide child and family supports for caregivers with OUD and any co-occurring
SUD/MH conditions, emphasizing the desire to keep families together.
7. Provide enhanced support for children and family members suffering trauma as a
result of addiction in the family; and offer trauma-informed behavioral health
treatment for adverse childhood events.
8. Offer home-based wrap-around services to persons with OUD and any co-
occurring SUD/MH conditions, including, but not limited to, parent skills
training.
9. Provide 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.
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PART TWO: PREVENTION
F.PREVENT OVER-PRESCRIBING AND ENSURE APPROPRIATE
PRESCRIBING AND DISPENSING OF OPIOIDS
Support efforts to prevent over-prescribing and ensure appropriate prescribing and
dispensing of opioids through evidence-based or evidence-informed programs or
strategies that may include, but are not limited to, the following:
1. Funding medical provider education and outreach regarding best prescribing
practices for opioids consistent with the Guidelines for Prescribing Opioids for
Chronic Pain from the U.S. Centers for Disease Control and Prevention, including
providers at hospitals (academic detailing).
2. Training for health care providers regarding safe and responsible opioid
prescribing, dosing, and tapering patients off opioids.
3. Continuing Medical Education (CME) on appropriate prescribing of opioids.
4. Providing Support for non-opioid pain treatment alternatives, including training
providers to offer or refer to multi-modal, evidence-informed treatment of pain.
5. Supporting enhancements or improvements to Prescription Drug Monitoring
Programs (“PDMPs”), including, but not limited to, improvements that:
1. Increase the number of prescribers using PDMPs;
2. Improve point-of-care decision-making by increasing the quantity, quality,
or format of data available to prescribers using PDMPs, by improving the
interface that prescribers use to access PDMP data, or both; or
3. Enable states to use PDMP data in support of surveillance or intervention
strategies, including MOUD referrals and follow-up for individuals
identified within PDMP data as likely to experience OUD in a manner that
complies with all relevant privacy and security laws and rules.
6. Ensuring PDMPs incorporate available overdose/naloxone deployment data,
including the United States Department of Transportation’s Emergency Medical
Technician overdose database in a manner that complies with all relevant privacy
and security laws and rules.
7. Increasing electronic prescribing to prevent diversion or forgery.
8. Educating dispensers on appropriate opioid dispensing.
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G. PREVENT MISUSE OF OPIOIDS
Support efforts to discourage or prevent misuse of opioids through evidence-based or
evidence-informed programs or strategies that may include, but are not limited to, the
following:
1. Funding media campaigns to prevent opioid misuse, including but not limited to
focusing on risk factors and early interventions.
2. Corrective advertising or affirmative public education campaigns based on
evidence.
3. Public education relating to drug disposal.
4. Drug take-back disposal or destruction programs.
5. Funding community anti-drug coalitions that engage in drug prevention efforts.
6. Supporting community coalitions in implementing evidence-informed prevention,
such as reduced social access and physical access, stigma reduction—including
staffing, educational campaigns, support for people in treatment or recovery, or
training of coalitions in evidence-informed implementation, including the
Strategic Prevention Framework developed by the U.S. Substance Abuse and
Mental Health Services Administration (“SAMHSA”).
7. Engaging non-profits and faith-based communities as systems to support
prevention.
8. Funding evidence-based prevention programs in schools or evidence-informed
school and community education programs and campaigns for students, families,
school employees, school athletic programs, parent-teacher and student
associations, and others.
9. School-based or youth-focused programs or strategies that have demonstrated
effectiveness in preventing drug misuse and seem likely to be effective in
preventing the uptake and use of opioids.
10. Create or support community-based education or intervention services for
families, youth, and adolescents at risk for OUD and any co-occurring SUD/MH
conditions.
11. Support evidence-informed programs or curricula to address mental health needs
of young people who may be at risk of misusing opioids or other drugs, including
emotional modulation and resilience skills.
12. Support greater access to mental health services and supports for young people,
including services and supports provided by school nurses, behavioral health
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workers or other school staff, to address mental health needs in young people that
(when not properly addressed) increase the risk of opioid or another drug misuse.
H. PREVENT OVERDOSE DEATHS AND OTHER HARMS (HARM REDUCTION)
Support efforts to prevent or reduce overdose deaths or other opioid-related harms
through evidence-based or evidence-informed programs or strategies that may include,
but are not limited to, the following:
1. Increased availability and distribution of naloxone and other drugs that treat
overdoses for first responders, overdose patients, individuals with OUD and their
friends and family members, schools, community navigators and outreach
workers, persons being released from jail or prison, or other members of the
general public.
2. Public health entities providing free naloxone to anyone in the community.
3. Training and education regarding naloxone and other drugs that treat overdoses
for first responders, overdose patients, patients taking opioids, families, schools,
community support groups, and other members of the general public.
4. Enabling school nurses and other school staff to respond to opioid overdoses, and
provide them with naloxone, training, and support.
5. Expanding, improving, or developing data tracking software and applications for
overdoses/naloxone revivals.
6. Public education relating to emergency responses to overdoses.
7. Public education relating to immunity and Good Samaritan laws.
8. Educating first responders regarding the existence and operation of immunity and
Good Samaritan laws.
9. Syringe service programs and other evidence-informed programs to reduce harms
associated with intravenous drug use, including supplies, staffing, space, peer
support services, referrals to treatment, fentanyl checking, connections to care,
and the full range of harm reduction and treatment services provided by these
programs.
10. Expanding access to testing and treatment for infectious diseases such as HIV and
Hepatitis C resulting from intravenous opioid use.
11. Supporting mobile units that offer or provide referrals to harm reduction services,
treatment, recovery supports, health care, or other appropriate services to persons
that use opioids or persons with OUD and any co-occurring SUD/MH conditions.
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12. Providing training in harm reduction strategies to health care providers, students,
peer recovery coaches, recovery outreach specialists, or other professionals that
provide care to persons who use opioids or persons with OUD and any co-
occurring SUD/MH conditions.
13. Supporting screening for fentanyl in routine clinical toxicology testing.
PART THREE: OTHER STRATEGIES
I.FIRST RESPONDERS
In addition to items in section C, D and H relating to first responders, support the
following:
1. Law enforcement expenditures related to the opioid epidemic.
2. Education of law enforcement or other first responders regarding appropriate
practices and precautions when dealing with fentanyl or other drugs.
3. Provision of wellness and support services for first responders and others who
experience secondary trauma associated with opioid-related emergency events.
J. LEADERSHIP, PLANNING AND COORDINATION
Support efforts to provide leadership, planning, coordination, facilitations, training and
technical assistance to abate the opioid epidemic through activities, programs, or
strategies that may include, but are not limited to, the following:
1. Statewide, regional, local or community regional planning to identify root causes
of addiction and overdose, goals for reducing harms related to the opioid
epidemic, and areas and populations with the greatest needs for treatment
intervention services, and to support training and technical assistance and other
strategies to abate the opioid epidemic described in this opioid abatement strategy
list.
2. A dashboard to (a) share reports, recommendations, or plans to spend opioid
settlement funds; (b) to show how opioid settlement funds have been spent; (c) to
report program or strategy outcomes; or (d) to track, share or visualize key opioid-
or health-related indicators and supports as identified through collaborative
statewide, regional, local or community processes.
3. Invest in infrastructure or staffing at government or not-for-profit agencies to
support collaborative, cross-system coordination with the purpose of preventing
overprescribing, opioid misuse, or opioid overdoses, treating those with OUD and
any co-occurring SUD/MH conditions, supporting them in treatment or recovery,
connecting them to care, or implementing other strategies to abate the opioid
epidemic described in this opioid abatement strategy list.
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4. Provide resources to staff government oversight and management of opioid
abatement programs.
5. Support multidisciplinary collaborative approaches consisting of, but not limited
to, public health, public safety, behavioral health, harm reduction, and others at
the state, regional, local, nonprofit, and community level to maximize collective
impact.
K. TRAINING
In addition to the training referred to throughout this document, support training to abate
the opioid epidemic through activities, programs, or strategies that may include, but are
not limited to, those that:
1. Provide funding for staff training or networking programs and services to improve
the capability of government, community, and not-for-profit entities to abate the
opioid crisis.
2. Support infrastructure and staffing for collaborative cross-system coordination to
prevent opioid misuse, prevent overdoses, and treat those with OUD and any co-
occurring SUD/MH conditions, or implement other strategies to abate the opioid
epidemic described in this opioid abatement strategy list (e.g., health care,
primary care, pharmacies, PDMPs,etc.).
L.RESEARCH
Support opioid abatement research that may include, but is not limited to, the following:
1. Monitoring, surveillance, data collection and evaluation of programs and
strategies described in this opioid abatement strategy list.
2. Research non-opioid treatment of chronic pain.
3. Research on improved service delivery for modalities such as SBIRT that
demonstrate promising but mixed results in populations vulnerable to
opioid use disorders.
4. Research on novel harm reduction and prevention efforts such as the
provision of fentanyl test strips.
5. Research on innovative supply-side enforcement efforts such as improved
detection of mail-based delivery of synthetic opioids.
6. Expanded research on 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).
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7. Epidemiological surveillance of OUD-related behaviors in critical
populations, including individuals entering the criminal justice system,
including, but not limited to approaches modeled on the Arrestee Drug
Abuse Monitoring (“ADAM”) system.
8. Qualitative and quantitative research regarding public health risks and
harm reduction opportunities within illicit drug markets, including surveys
of market participants who sell or distribute illicit opioids.
9. Geospatial analysis of access barriers to MOUD and their association with
treatment engagement and treatment outcomes.
M. POST-MORTEM
1. Toxicology tests for the range of opioids, including synthetic opioids, seen in
overdose deaths as well as newly evolving synthetic opioids infiltrating the drug
supply.
2. Toxicology method development and method validation for the range of synthetic
opioids observed now and in the future, including the cost of installation,
maintenance, repairs and training of capital equipment.
3. Autopsies in cases of overdose deaths resulting from opioids and synthetic
opioids.
4. Additional storage space/facilities for bodies directly related to opioid or synthetic
opioid related deaths.
5. Comprehensive death investigations for individuals where a death is caused by or
suspected to have been caused by an opioid or synthetic opioid overdose, whether
intentional or accidental (overdose fatality reviews).
6. Indigent burial for unclaimed remains resulting from overdose deaths.
7. Navigation-to-care services for individuals with opioid use disorder who are
encountered by the medical examiner’s office as either family and/or social
network members of decedents dying of opioid overdose.
8. Epidemiologic data management and reporting to public health and public safety
stakeholders regarding opioid overdose fatalities.
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EXHIBIT B
Local Abatement Funds Allocation
Allocation Percentage
Subdivision
AITKIN COUNTY 0.5760578506020%
Andover city 0.1364919450741%
ANOKA COUNTY5.0386504680954%
Apple Valley city 0.2990817344560%
BECKER COUNTY0.6619330684437%
BELTRAMI COUNTY 0.7640787092763%
BENTON COUNTY 0.6440948102319%
BIG STONE COUNTY 0.1194868774775%
Blaine city 0.4249516912759%
Bloomington city0.4900195550092%
BLUE EARTH COUNTY 0.6635420704652%
Brooklyn Center city0.1413853902225%
Brooklyn Park city 0.2804136234778%
BROWN COUNTY0.3325325415732%
Burnsville city0.5135361296508%
CARLTON COUNTY 0.9839591749060%
CARVER COUNTY 1.1452829659572%
CASS COUNTY 0.8895681513437%
CHIPPEWA COUNTY 0.2092611794436%
CHISAGO COUNTY 0.9950193750117%
CLAY COUNTY0.9428475281726%
CLEARWATER COUNTY 0.1858592042741%
COOK COUNTY 0.1074594959729%
Coon Rapids city 0.5772642444915%
Cottage Grove city 0.2810994719143%
COTTONWOOD COUNTY 0.1739065270025%
CROW WING COUNTY 1.1394859174804%
DAKOTA COUNTY 4.4207140602835%
DODGE COUNTY 0.2213963257778%
DOUGLAS COUNTY0.6021779472345%
Duluth city1.1502115379896%
Eagan city0.3657951576014%
Eden Prairie city 0.2552171572659%
Edina city 0.1973054822135%
FARIBAULT COUNTY0.2169409335358%
FILLMORE COUNTY 0.2329591105316%
FREEBORN COUNTY0.3507169823793%
GOODHUE COUNTY 0.5616542387089%
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Allocation Percentage
Subdivision
GRANT COUNTY 0.0764556498477%
HENNEPIN COUNTY 19.0624622261821%
HOUSTON COUNTY0.3099019273452%
HUBBARD COUNTY0.4582368775192%
Inver Grove Heights city0.2193400520297%
ISANTI COUNTY0.7712992707537%
ITASCA COUNTY 1.1406408131328%
JACKSON COUNTY 0.1408950443531%
KANABEC COUNTY 0.3078966749987%
KANDIYOHI COUNTY 0.1581167542252%
KITTSON COUNTY 0.0812834506382%
KOOCHICHING COUNTY 0.2612581865885%
LAC QUI PARLE COUNTY 0.0985665133485%
LAKE COUNTY 0.1827750320696%
LAKE OF THE WOODS COUNTY0.1123105027592%
Lakeville city0.2822249627090%
LE SUEUR COUNTY 0.3225703347466%
LINCOLN COUNTY 0.1091919983965%
LYON COUNTY 0.2935118186364%
MAHNOMEN COUNTY 0.1416417687922%
Mankato city 0.3698584320930%
Maple Grove city 0.1814019046900%
Maplewood city 0.1875101678223%
MARSHALL COUNTY 0.1296352091057%
MARTIN COUNTY 0.2543064014046%
MCLEOD COUNTY 0.1247104517575%
MEEKER COUNTY 0.3744031515243%
MILLE LACS COUNTY 0.9301506695846%
Minneapolis city 4.8777618689374%
Minnetonka city0.1967231070869%
Moorhead city 0.4337377037965%
MORRISON COUNTY0.7178981419196%
MOWER COUNTY 0.5801769148506%
MURRAY COUNTY 0.1348775389165%
NICOLLET COUNTY 0.1572381052896%
NOBLES COUNTY0.1562005111775%
NORMAN COUNTY 0.1087596675165%
0.0575844069340%
North St. Paul city
OLMSTED COUNTY 1.9236715094724%
OTTER TAIL COUNTY 0.8336175418789%
PENNINGTON COUNTY 0.3082576394945%
PINE COUNTY 0.5671222706703%
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Allocation Percentage
Subdivision
PIPESTONE COUNTY 0.1535154503112%
Plymouth city0.1762541472591%
POLK COUNTY0.8654291473909%
POPE COUNTY0.1870129873102%
0.0214374127881%
Proctor city
RAMSEY COUNTY7.1081424150498%
RED LAKE COUNTY 0.0532649128178%
REDWOOD COUNTY 0.2809842366614%
RENVILLE COUNTY 0.2706888807449%
RICE COUNTY 0.2674764397830%
Richfield city 0.2534018444052%
Rochester city 0.7363082848763%
ROCK COUNTY0.2043437335735%
ROSEAU COUNTY 0.2517872793025%
Roseville city 0.1721905548771%
Savage city 0.1883576635033%
SCOTT COUNTY1.3274301645797%
Shakopee city 0.2879873611373%
SHERBURNE COUNTY 1.2543449471994%
SIBLEY COUNTY 0.2393480708456%
ST LOUIS COUNTY 4.7407767169807%
0.7330089009029%
St. Cloud city
St. Louis Park city 0.1476314588229%
St. Paul city 3.7475206797569%
STEARNS COUNTY2.4158085321227%
STEELE COUNTY 0.3969975262520%
STEVENS COUNTY0.1439474275223%
SWIFT COUNTY0.1344167568499%
TODD COUNTY 0.4180909816781%
TRAVERSE COUNTY0.0903964133868%
WABASHA COUNTY0.3103038996965%
WADENA COUNTY 0.2644094336575%
WASECA COUNTY0.2857912156338%
WASHINGTON COUNTY 3.0852862512586%
WATONWAN COUNTY 0.1475626355615%
WILKIN COUNTY0.0937962507119%
WINONA COUNTY 0.7755267356126%
Woodbury city0.4677270171716%
WRIGHT COUNTY 1.6985269385427%
YELLOW MEDICINE COUNTY 0.1742264836427%
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EXHIBIT K
Settlement Participation Form
Governmental Entity: State:
Authorized Official:
Address 1:
Address 2:
City, State, Zip:
Phone:
Email:
The governmental entity identified above (ÐGovernmental EntityÑ), in order to obtain and in
consideration for the benefits provided to the Governmental Entity pursuant to the Settlement
Agreement dated July 21, 2021 (ÐJanssen SettlementÑ), and a cting 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
EntityÓs state where the Consent Judgment is filed for purposes limited to that courtÓs role
as provided in, and for resolving disputes to the extent provided in, the Janssen
Settlement.
7.The Governmental Entity has the right to enforce the Janssen Settlement as provided
therein.
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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
whic h, if known, would materially affect the Governmental EntitiesÓ decision to
participate in the Janssen Settlement.
10.Nothing herein is intended to modify in any way the terms of the Janssen Settlement, to
which Governmental Entity hereby agrees. To the extent this Election and Release is
interpreted differently from the Janssen Settlement in any respect, the Janssen Settlement
controls.
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I have all necessary power and authorization to execute this Election and Release on behalf of
the Governmental Entity.
Signature: _____________________________
Name: _____________________________
Title: _____________________________
Date: _____________________________
revised July 30, 2021
88
Council Special Meeting Packet Page Number 48 of 67
G2, Attachment 4
DISTRIBUTORSÓ 9.3.21
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 (Ð Governmental Entity Ñ), in order to obtain and
in consideration for the benefits provided to the Governmental Entity pursuant to the Settlement
Agreement dated July 21, 2021 (Ð Distributor Settlement Ñ), 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
EntityÓs state where the Consent Judgment is filed for purposes limited to that courtÓs 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
Council Special Meeting Packet Page Number 49 of 67
G2, Attachment 4
DISTRIBUTORSÓ 9.3.21
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 permit to be brought, filed, or
claimed, or to otherwise seek to establish liability for any Released Claims against any
Released Entity in any forum whatsoever. The releases provided for in the Distributor
Settlement are intended by the Parties to be broad and shall be interpreted so as to give
the Released Entities the broadest possible bar against any liability relating in any way to
Released Claims and extend to the full extent of the power of the Governmental Entity to
release claims. The Distributor Settlement shall be a complete bar to any Released
Claim.
9.The Governmental Entity hereby takes on all rights and obligations of a Participating
Subdivision as set forth in the Distributor Settlement.
10.In connection with the releases provided for in the Distributor Settlement, each
Governmental Entity expressly waives, releases, and forever discharges any and all
provisions, rights, and benefits conferred by any law of any state or territory of the
United States or other jurisdiction, or principle of common law, which is similar,
comparable, or equivalent to § 1542 of the California Civil Code, which reads:
General Release; extent. A general release does not extend to claims that
the creditor or releasing party does not know or suspect to exist in his or
her favor at the time of executing the release, and that if known by him or
her would have materially affected his or her settlement with the debtor or
released party.
A Releasor may hereafter discover facts other than or different from those which it
knows, believes, or assumes to be true with respect to the Released Claims, but each
Governmental Entity hereby expressly waives and fully, finally, and forever settles,
releases and discharges, upon the Effective Date, any and all Released Claims that may
exist as of such date but which Releasors do not know or suspect to exist, whether
through ignorance, oversight, error, negligence or through no fault whatsoever, and
which, if known, would materially affect the Governmental EntitiesÓ decision to
participate in the Distributor Settlement.
K-2
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G2, Attachment 4
DISTRIBUTORSÓ 9.3.21
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
Council Special Meeting Packet Page Number 51 of 67
G3
CITY COUNCIL STAFF REPORT
Meeting Date December 20, 2021
Melinda Coleman
REPORT TO:
Ellen Paulseth, Finance Director
REPORT FROM:
PRESENTER: Ellen Paulseth, Finance Director
Resolution to Accept Coronavirus Local Fiscal Recovery Fund
AGENDA ITEM:
Action Requested: MotionDiscussion Public Hearing
Form of Action: Resolution Ordinance Contract/Agreement Proclamation
Policy Issue:
The City received additional funding from the American Rescue Plan Act (ARPA) Funding, made
available due to a number of local governments in Minnesota failing to apply for their share of the
funds. The distribution of the additional funding was on a population basis, with the total amount
allocated to Maplewood being $141,675.36. The City received 50% of this funding on November 23,
2021, and will receive the remaining 50% of the additional funding with the second half of the original
ARPA funding allocation. The League of Minnesota Cities recommends that city councils pass a
resolution to accept the additional funding and has provided the template for the resolution. The City
Council will consider expenditure decisions at a future City Council meeting.
Recommended Action:
Motion to adopt the Resolution to Accept the Additional Coronavirus Local Fiscal Recovery Fund
Established under the American Rescue Plan Act.
Fiscal Impact:
Is There a Fiscal Impact? No Yes, the true or estimated cost is $141,675
Financing source(s): Adopted Budget Budget Modification New Revenue Source
Use of Reserves Other: N/A
Strategic Plan Relevance:
Financial SustainabilityIntegrated CommunicationTargeted Redevelopment
Operational EffectivenessCommunity InclusivenessInfrastructure & Asset Mgmt.
ARPA funding could potentially cover all areas of the strategic plan. The City may spend the funds
on any governmental purpose, as approved by the City Council.
Background
The initial ARPA funding resolution was adopted by the Council on July 12, 2021.
Council Special Meeting Packet Page Number 52 of 67
G3
Attachments
1.Resolution to Accept the Additional Coronavirus Local Fiscal Recovery Fund Established under the
American Rescue Plan Act
Council Special Meeting Packet Page Number 53 of 67
G3,Attachment1
CITY OF MAPLEWOOD
RESOLUTION NO. _____
A RESOLUTION TO ACCEPT THE ADDITIONAL CORONAVIRUS LOCAL FISCAL RECOVERY
FUND ESTABLISHED UNDER THE AMERICAN RESCUE PLAN ACT
WHEREAS, since the first case of coronavirus disease 2019 (COVID-19) was discovered in the
United States in January 2020, the disease has infected over 32 million and killed over 575,000
Americans (ÐPandemicÑ). The disease has impacted every part of life: as social distancing became
a necessity, businesses closed, schools transitioned to remote education, travel was sharply
reduced, and millions of Americans lost their jobs;
WHEREAS, as a result of the Pandemic cities have been called on to respond to the needs of their
communities through the prevention, treatment, and vaccination of COVID-19.
WHEREAS, city revenues, businesses and nonprofits in the city have faced economic impacts due
to the Pandemic.
WHEREAS, Congress adopted the American Rescue Plan Act in March 2021 (ÐARPAÑ) which
included $65 billion in recovery funds for cities across the country.
WHEREAS, ARPA funds are intended to provide support to state, local, and tribal governments in
responding to the impact of COVID-19 and in their efforts to contain COVID-19 in their
communities, residents, and businesses.
WHEREAS, an estimated $4,326,328.92 has been allocated to the City of Maplewood (ÐCityÑ)
pursuant to the ARPA (ÐAllocationÑ), plus an additional $141,675.36.
WHEREAS, the United States Department of Treasury has adopted guidance regarding the
use of ARPA funds.
WHEREAS, the City, in response to the Pandemic, has had expenditures and anticipates future
expenditures consistent with the Department of TreasuryÓs ARPA guidance.
WHEREAS, the State of Minnesota will distribute ARPA funds to the City because its population is
less than 50,000.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
MAPLEWOOD, MINNESOTA AS FOLLOWS:
1. The City intends to collect its share of ARPA funds from the State of Minnesota to use in a
manner consistent with the Department of TreasuryÓs guidance.
2. City staff, together with the Mayor and the City Attorney are hereby authorized to take any
actions necessary to receive the CityÓs share of ARPA funds from the State of Minnesota for
expenses incurred because of the Pandemic.
Council Special Meeting Packet Page Number 54 of 67
G3,Attachment1
3.City staff, together with the Mayor and the City Attorney are hereby authorized to make
recommendations to the City Council for future expenditures that may be reimbursed with
ARPA funds.
th
Adopted by the City Council of Maplewood, Minnesota this 20 day of December, 2021.
___________________
Mayor
Attested:
____________________
City Clerk
Council Special Meeting Packet Page Number 55 of 67
G4
CITY COUNCIL STAFF REPORT
Meeting Date December 20, 2021
Melinda Coleman
REPORT TO:
REPORT FROM: Ellen Paulseth, Finance Director
PRESENTER: Ellen Paulseth, Finance Director
AGENDA ITEM: Resolution to Commit Fund Balance in the General Fund
Action Requested: Motion Discussion Public Hearing
Form of Action: Resolution Ordinance Contract/Agreement Proclamation
Policy Issue:
The CityÓs Reserves Policy requires the City to maintain an unassigned fund balance in the General
Fund at a minimum level of 41.67% and a desired level of 50% of annual General Fund operating
expenditures. The unassigned fund balance of the General Fund will exceed the desired level of 50%
of operating expenditures at 12/31/2021. Committing the funds for a specific purpose requires a
resolution of the City Council, and instructs users of the CityÓs financial statements that the funds are
set aside for a governmental purpose. The City Council can change the specified use of the funds by
passing another resolution at any time. The proposed commitment of surplus funds simply extends
the commitment established by the Council at 12/31/2020 for public safety purposes. Staff
recommends this extension due to the delay in the settlement date of the Londin Lane site proceeds,
scheduled for January of 2022.
Recommended Action:
Motion to approve the Resolution to Commit Fund Balance in the General Fund. This resolution will
commit the amount of fund balance exceeding 50% of the total General Fund current expenditures for
public safety purposes.
Fiscal Impact:
Is There a Fiscal Impact? No Yes, the true or estimated cost is N/A
Financing source(s): Adopted Budget Budget Modification New Revenue Source
Use of Reserves Other: N/A
Strategic Plan Relevance:
Financial Sustainability Integrated Communication Targeted Redevelopment
Operational Effectiveness Community Inclusiveness Infrastructure & Asset Mgmt.
Committing the fund balance provides assurance to the State Auditor, the CityÓs external auditors and
users of the financial statements that the City is wisely utilizing taxpayer resources.
Council Special Meeting Packet Page Number 56 of 67
G4
Background
The City will be required to demonstrate how the committed fund balance was spent in subsequent
years to its external auditors. Last year, the City Council committed the surplus fund balance to for
public safety purposes Î more specifically for the new fire station. Because the settlement of the
proceeds for the Londin Lane property is not until January of 2022, staff recommends extending the
General Fund surplus commitment for public safety until then. Public safety expenditures are nearly
57% of General Fund expenditures, and the City is building a fire station in 2021. Therefore,
committing the funds for public safety is the most reasonable way to reserve the funding until the City
Council considers alternative purposes for the funding. The City Council will pass a new resolution in
each year that unassigned fund balance exceeds 50% of expenditures.
Attachments
1. Resolution to Commit Fund Balance in the General Fund
Council Special Meeting Packet Page Number 57 of 67
G4,Attachment1
RESOLUTION TO COMMIT FUND BALANCE IN THE GENERAL FUND
WHEREAS, the CityÓs Reserves Policy requires the City to maintain an unassigned fund
balance in the General Fund at a minimum level of 41.67%, with a desired level of 50% of annual
General Fund operating expenditures, and;
WHEREAS, the unassigned fund balance of the General Fund is expected to exceed the
desired amount of 50% of operating expenditures at December 31, 2021.
THEREFORE, BE IT RESOLVED that the Maplewood City Council commits the amount of
unassigned fund balance exceeding 50% of current operating expenditures at December 31, 2021
for public safety purposes.
BE IT FURTHER RESOLVED that the Maplewood City Council may change or remove this
commitment at any future meeting of the Council.
Council Special Meeting Packet Page Number 58 of 67
G5
CITY COUNCIL STAFF REPORT
Meeting Date December 20, 2021
REPORT TO:
Melinda Coleman, City Manager
REPORT FROM:
Audra Robins, Parks and Natural Resources Manager
Shann Finwall, AICP, Environmental Planner
PRESENTER:
Shann Finwall, AICP, Environmental Planner
AGENDA ITEM:
2022 SCORE Grant Agreement
Action Requested: MotionDiscussion Public Hearing
Form of Action: Resolution OrdinanceContract/Agreement Proclamation
Policy Issue:
Ramsey County offers Select Committee on Recycling and the Environment (SCORE) grants to cities
to enhance or improve their recycling efforts. SCORE grant funding is awarded on a per capita basis
and is intended to help fund the City’s recycling program. Maplewood has historically used SCORE
funding to help offset the cost of collecting residential recyclables through the City’s recycling contract.
SCORE funds can also be used for administration, promotion activities, equipment, and/or organics
collection.
Recommended Action:
Motion to approve the 2022 SCORE Grant Agreement.
Fiscal Impact:
Is There a Fiscal Impact? No Yes, the true or estimated cost is $103,659 SCORE grant
funding with an additional $19,745 if the City achieves recycling incentives.
Financing source(s):Adopted BudgetBudget ModificationNew Revenue Source
Use of Reserves Other: The 2022 recycling program budget will
be subsidized by the Ramsey County SCORE grant for amounts of $103,659 to $123,404
(depending on incentives) to help fund the collection of recyclables in the City.
Strategic Plan Relevance:
Financial SustainabilityIntegrated CommunicationTargeted Redevelopment
Operational EffectivenessCommunity InclusivenessInfrastructure & Asset Mgmt.
The 2022 SCORE grant funds will be used to offset the cost of residential recycling collection by
Tennis Sanitation.
Council Special Meeting Packet Page Number 59 of 67
G5
Background
October 25, 2021: The City Council authorized the submittal ofthe 2022 SCORE grant application.
December 10, 2021: Ramsey County awarded Maplewood’s 2022 SCORE grant and finalized the
Agreement.
Discussion
2022 Funding
Attached find the final 2022 SCORE Agreement. The City was awarded $103,659, plus $19,745 if
recycling incentives are achieved. Incentives outlined in the Agreement include the promotion of
BizRecycling to businesses and institutions for organics recycling and food waste reduction and the
promotion of free resources and grants to multi-family properties to improve recycling. These
incentives will be achieved through the City’s recycling education and outreach programs.
2021 Funding
In 2021 the City’s SCORE grant was $98,220 with an incentive of $18,709. Incentives complete in
2021 include:
Business and Institution Recycling and Organics: Education and outreach on the opportunity for
businesses to participate in the BizRecycling program and to opt into the City’s residential
recycling program. This was achieved with information included in the annual business licensing
renewal notice, during business retention meetings, through the Rice-Larpenteur Alliance, and
on the City’s website. Coordination of a YMCA BizRecycling grant application to fund resources
and supplies that would help reduce waste, increase recycling, and reintroduce organics
collection.
Mult-Family Property Recycling: Education and outreach on the opportunity for multi-family
properties to participate in the County’s multi-family grant and technical assistance program and
to convert the collection of recyclables from recycling carts to dumpsters. This was achieved
during on-site meetings with multi-family properties and annual recycling reports.
Attachments
1. 2022 SCORE Grant Agreement
Council Special Meeting Packet Page Number 60 of 67
G5, Attachment 1
AGREEMENT BETWEEN
RAMSEY COUNTY AND THE CITY OF MAPLEWOOD
FOR A SCORE FUNDING RECYCLING GRANT
This Agreement is between Ramsey County (the "County") and the City of Maplewood (the
“Municipality”).
1.OBLIGATIONS
a.Collection
1.The Municipality shall ensure residential recycling service is available weekly or every other
week to residents at their place of residence, including all multi-unit dwellings and
manufactured home parks.
2.The Municipality shall provide recycling for at least the following materials at curbside and
multi-unit dwelling properties:
a.Paper.
b.Cardboard.
c.Glass bottles.
d.Metal cans.
e.Cartons.
f.Plastic beverage and food containers.
g.Organics when present.
3.Ensure the collection of textiles for recycling is available to residents through curbside
collection and to multi-unit dwellings through special collection or drop-off.
4.The Municipality shall add additional recyclable materials as reliable markets become
available.
5.The Municipality shall maintain a long-term funding mechanism for its residential recycling
programs.
6.For eligibility for additional incentive resources, the Municipality commits to the following
(choose up to two):
Bulky Waste Collection. Establish an efficient and effective program to provide collection of
bulky waste items from single family homes at no cost or a discounted price and that also
prioritizes recycling and/or reuse.
Engage Small Businesses. Include small businesses in curbside recycling services and
actively engage those businesses to participate in the service.
Promote BizRecycling. Actively work with and promote BizRecycling to businesses and
institutions in collaboration with Ramsey/Washington Recycling & Energy for organics
recycling and food waste reduction programs.
Promote Multi-unit Recycling. Actively work with and promote free resources and grants
to multi-unit building in collaboration with Ramsey/Washington Recycling & Energy to
improve and/or start recycling at multi-unit dwellings.
2022 SCORE Agreement
1
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G5, Attachment 1
Organics drop-off site. Co-sponsor an organics drop-off site with the county (for suburban
cities only).
Additional eligible incentive.
Guidelines for fulfilling the Municipality’s obligations for this incentive are included in the
Recycling Performance Work Plan as described below in 1(b).
b.Recycling Performance Work Plan
During 2022, the Municipality shall implement the strategies on the Recycling Performance
Work Plan, specific to the Municipality, attached as Exhibit 1, to measure its progress towards
achieving recycling goals. Work plans may be updated if agreed to by both parties in writing.
c.Reimbursement
1.Expenses eligible for reimbursement must be in accordance with the established eligible
expenses. Funds not spent by the Municipality during the budget year will be retained by
the County. Unspent funds may be used by the County for SCORE-eligible expenditures as
determined by the County. If applicable, the Municipality shall use the SCORE funds as
specified by the Joint Powers Agreement for Recycling Funding dated July 1, 2019.
2.The County shall reimburse the Municipality a maximum not to exceed sum of $103,659 in
base funding and $19,745 in incentive funding. Subject to the provisions of section 1(c)(5)
below, the Municipality shall receive two payments for base funds. A payment of 50% of the
total base funding award will be made within 35 days of receipt of an invoice, and in no case
prior to the first day of March. The second payment of 50% of the total base funding award
will be made within 35 days of receipt of an invoice, and in no case before the first day of
June. The Municipality may invoice for the entire incentive funding amount upon
completion of the incentive project by submitting an invoice and appropriate
documentation of expenses.
3.The Municipality shall not use grant funds for expenses, or a portion of expenses, which
have been or will be reimbursed by other parties, or for expenses that do not meet the
eligibility criteria outlined in the SCORE grant application.
4.The County's obligation under this Agreement is subject to the availability and provision of
funding from the State of Minnesota. The County may immediately cancel this Agreement
or reduce the reimbursement to the Municipality to the extent funds received from the
State are reduced or eliminated. The County is acting as fiscal agent for the Municipality and
in no event shall be obligated to reimburse the Municipality in an amount in excess of that
actually received from the State.
5.The County may deny reimbursement to the Municipality, or seek recovery of payments
disbursed to the Municipality, if the Municipality is unable to verify that recycling collection
service is provided at each place of residence, including multi-unit dwellings and
manufactured home parks. The amount that the County may deny or seek recovery of, is
that portion of the grant amount equivalent to the proportion of households not provided
recycling collection service.
2022 SCORE Agreement
2
Council Special Meeting Packet Page Number 62 of 67
G5, Attachment 1
d. Program and Performance Reports
1. The Municipality shall submit a year-end report to the County through ReTRAC, the County’s
recycling and solid waste data management tool, by February 13, 2023. The report is to
include information on recycling at all residential units, including multi-unit dwellings and
manufactured home parks, even if the Municipality does not provide collection services to
those units. The Municipality is responsible for providing complete and accurate information
for all applicable screens in the ReTRAC database.
2. The Municipality shall submit a midyear status report through ReTRAC by July 1, 2022.
e. Financial Reports
1. The Municipality shall submit, if requested by the County in its sole discretion, an audited
financial report that shows how funds received from the County pursuant to this Agreement
were disbursed.
2. Financial reports shall be in a form to be determined by the County, in its sole discretion.
3. If the municipality has a Joint Powers Agreement for Recycling Funding, the Municipality
shall submit a letter which certifies that SCORE funds have been used pursuant to the Joint
Powers Agreement and this Agreement.
2. TERM
The term of this Agreement shall be from January 1, 2022 through December 31, 2022.
3. CANCELLATION
Either party may cancel this Agreement at any time upon thirty (30) days written notice to the other
party. In the event of termination, the Municipality shall be entitled to reimbursement for those
eligible expenses incurred up to the termination date, provided the expenses have been incurred
according to the budget shown in Attachment A and the Municipality is not otherwise in default of
any terms and conditions in this Agreement.
4. DEFAULT
Any of the following shall constitute default on the part of the Municipality:
a. The failure of the Municipality to use funds in a manner consistent with this Agreement and
Attachment A.
b. The failure of the Municipality or its (sub)contractor(s) to use their best efforts to ensure the
maximum collection and marketing of recyclable materials from all residential units.
c. The failure of the Municipality to provide information satisfactory to the County as required in
this Agreement, including information for the report required under Section 1(d).
d. The failure of the Municipality to meet any terms and conditions of this Agreement.
2022 SCORE Agreement
3
Council Special Meeting Packet Page Number 63 of 67
G5, Attachment 1
5. GENERAL CONDITIONS
a. All services and duties performed by the Municipality pursuant to this Agreement shall be
performed to the satisfaction of the County and in accordance with all applicable federal, state,
and local laws, ordinances, rules and regulations as a condition of payment. The Municipality
agrees that it will comply with all federal, State and local statutes and ordinances relating to
nondiscrimination.
b. The Municipality is an independent contractor and shall not be the employee of the County for
any purpose. The County shall not be responsible for the payment of any taxes, either federal or
State, on behalf of the Municipality, nor shall the County be responsible for any fringe benefits.
No Civil Service or other rights of employment will be acquired by virtue of the Municipality's
services.
c. The Municipality and County each agree to defend, hold harmless and indemnify the other
party, its officials, agents, and employees from any liability, loss or damage it may suffer as a
result of demands, claims, judgments or costs arising out of or caused by reason of the
indemnifying party's performance of its respective obligations under the provisions of this
Agreement. This provision shall not be construed nor operate as a waiver of any applicable
limits of or exceptions to liability set by law.
d. Under no circumstances, however, shall either party be required to pay on behalf of itself or the
other party, any amounts in excess of the limits on liability established in Minnesota Statutes
Chapter 466 applicable to any one party. The statutory limits of liability for some or all of the
parties may not be added together or stacked to increase the maximum amount of liability for
any party.
e. All data collected, created, received, maintained or disseminated for any purpose in the course
of this Agreement is governed by the Minnesota Government Data Practices Act, Minn. Stat. Ch.
13, or any other applicable State statute, any State rules adopted to implement the Act and
statutes, as well as federal statutes and regulations on data privacy.
f. All books, records, documents and accounting procedures and practices of the Municipality and
its (sub)contractor(s), if any, relative to this Agreement are subject to examination by the
County and the State Auditor, as appropriate, in accordance with the provisions of Minnesota
Statutes §16C.05, Subd. 5.
g. The Municipality shall make all reasonable efforts to ensure that their employees, officials and
subcontractors do not engage in violence while performing under this agreement. Violence, as
defined by the Ramsey County Workplace Violence Prevention and Respectful Workplace Policy,
is defined as words and actions that hurt or attempt to threaten or hurt people; it is any action
involving the use of physical force, harassment, intimidation, disrespect or misuse of power and
authority, where the impact is to cause pain, fear or injury.
h. The Municipality will be required to pay any subcontractor within ten days of receipt of payment
from the County for undisputed services provided by the subcontractor. The Municipality will be
required to pay interest of 1½ percent per month or any part of a month to the subcontractor
on any undisputed amount not paid on time to the subcontractor. The minimum monthly
2022 SCORE Agreement
4
Council Special Meeting Packet Page Number 64 of 67
G5, Attachment 1
interest penalty payment for an unpaid balance of $100.00 or more is $10.00. SCORE funds may
not be used towards interest penalty payments. For an unpaid balance of less than $100.00, the
Municipality shall pay the actual penalty due to the subcontractor. A subcontractor who prevails
in a civil action to collect interest penalties from the Municipality must be awarded its costs and
disbursements, including attorney's fees, incurred in bringing the action.
i. All equipment purchased using funds provided in this Agreement shall remain the property of
the Municipality.
j. Any amendments to this Agreement shall be in writing and signed by both parties.
6. WASTE REDUCTION
The Municipality shall comply with Minnesota Statues §115A.151 regarding recycling in local
government facilities. The Municipality and its (sub)contractor(s) shall participate in a recycling
program for at least four broad types of recyclable materials and shall favor the purchase of recycled
products in its procurement processes. All reports, publications and documents produced as a result
of this Agreement shall be printed on both sides of the paper, where commonly accepted publishing
practices allow, on recycled and recyclable paper using soy-based inks, and shall be bound in a
manner that does not use glue.
7. PUBLIC ENTITIES MANAGEMENT OF WASTE
The Municipality shall comply with Minnesota Statutes §115A.46 and §115A.471 when arranging for
the management of mixed municipal solid waste and assure delivery of such waste to a waste
processing facility for resource recovery.
8. Recycling Markets Support Fund
Ramsey County will reserve for the Municipality a portion of the Ramsey County Recycling Markets
Support Fund (RMSF). This portion will be equal to the proportion of the county’s population
residing in the municipality, according to the most recent population estimates posted by the
Metropolitan Council, multiplied by the total amount of the RMSF. To gain access to these funds, the
Municipality must first apply to Ramsey County, in accordance with the guidelines in place at the
time for distribution of the RMSF. The Municipality will be allowed to seek reimbursement for
incurred expenses, in accordance with its application as approved by Ramsey County. Ramsey
County shall reimburse the Municipality for adequately documented requests consistent with such
an approved application and the RMSF guidelines. The Municipality must provide evidence, upon
request, that no RMSF monies were used to transport materials to a landfill and/or landfill
recyclable materials. Ramsey County reserves the right at any time to amend the total amount of
the RMSF, to amend the guidelines for distribution of the RMSF or to eliminate the RMSF.
2022 SCORE Agreement
5
Council Special Meeting Packet Page Number 65 of 67
G5, Attachment 1
RAMSEY COUNTY CITY OF MAPLEWOOD
________________________________ By______________________________
Ryan O’Connor, County Manager Title: ___________________________
Date: ___________________________ Date: ___________________________
Approval Recommended: Approved as to Form:
________________________________ By______________________________
Sara Hollie, Public Health Director Municipality Attorney
Approved as to form and insurance:
________________________________ By_______________________________
Assistant County Attorney Clerk-Treasurer
2022 SCORE Agreement
6
Council Special Meeting Packet Page Number 66 of 67
G5, Attachment 1
Exhibit 1
Maplewood 2022 Recycling Performance Work Plan
Minimum Requirements
1.Complete all 2022 SCORE requirements, including reporting on time and submitting a mid-year status report.
2. Provide outreach to all residents about the municipality’s recycling program and submit copies of materials to
Ramsey County.
3. Use Ramsey County materials and information when and where appropriate to promote increased recycling,
reuse and repair (e.g., Fix-it Clinics), medicine collection, household hazardous waste, organic waste and yard
waste participation.
a. Send materials to Ramsey County for review prior to distribution.
b. Include county contact information on materials:
i. 24/7 Recycling & Disposal Hotline: 651-633-EASY (3279)
ii. RamseyRecycles.com
c. Provide links to the Ramsey County web pages on municipality website.
4. Use hauler data to identify those not recycling and target educational materials.
5. Ensure all multi-unit properties are meeting State law requirements to recycle and are receiving free Ramsey
County resources.
6. Increase opportunities for recycling in public spaces.
a. All recycling bins must be paired with a trash bin and in good condition.
b. Labels must be readable.
c. Promote Ramsey County’s event container lending program and green event planning tips.
7. Implement a “Green” purchasing procurement policy for city functions and facilities to use reusable, recyclable
or compostable packaging.
8. Ensure the collection of textiles for recycling is available to residents through curbside collection and to multi-
unit dwellings through special collection or drop-off.
9. Enforce recycling contracts, including the assessment of penalties for non-compliance.
a. Audit reporting by obtaining hauler weight tickets.
b. Have labels replaced if not readable.
10. Attend County Recycling Coordinator meetings and attend a yearly composition study.
Additional Incentive Activities Approved:
1. Promote BizRecycling. Actively work with and promote BizRecycling to businesses and institutions in
collaboration with Ramsey/Washington Recycling & Energy for organics recycling and food waste reduction
programs.
2. Promote Multi-unit Recycling Improvements. Actively work with and promote free resources and grants
to multi-unit building in collaboration with Ramsey/Washington Recycling & Energy to
improve and/or start recycling at multi-unit dwellings.
Council Special Meeting Packet Page Number 67 of 67