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Various WA Local Governments 9/21/2022
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Various WA Local Governments 9/21/2022
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Entry Properties
Last modified
2/26/2024 7:10:18 AM
Creation date
9/30/2022 2:40:54 PM
Metadata
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Template:
Contracts
Contractor's Name
Various WA Local Governments
Approval Date
9/21/2022
Council Approval Date
9/14/2022
Department
Legal
Department Project Manager
Ramsey Ramerman
Subject / Project Title
Settlement Agreement Opioid Distributors
Tracking Number
0003472
Total Compensation
$0.00
Contract Type
Agreement
Contract Subtype
Interlocal Agreements
Retention Period
6 Years Then Destroy
Imported from EPIC
No
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executed the MOU only for purposes of the Allocation Agreement <br /> Governing the Allocation of Funds Paid by the Settling Opioid <br /> Distributors in Washington State. <br /> B. Exhibit A of the MOU is replaced by Exhibit E of the Global Settlement, <br /> which is attached as Exhibit 4 to this Agreement. <br /> C. The definition of"Litigating Local Governments" in Section A.4 of the <br /> MOU shall mean Local Governments that filed suit against one or more of <br /> the Settling Defendants prior to May 3, 2022. The Litigating Local <br /> Governments are listed on Exhibit B of the Distributors Settlement, and <br /> are referred to as Litigating Subdivisions in the Distributors Settlement. <br /> D. The definition of"National Settlement Agreement" in Section A.6 of the <br /> MOU shall mean the Global Settlement. <br /> E. The definition of"Settlement" in Section A.14 of the MOU shall mean the <br /> Distributors Settlement. <br /> F. The MOU is amended to add new Section C.4.g.vii, which provides as <br /> follows: <br /> "If a Participating Local Government receiving a direct payment <br /> (a)uses Opioid Funds other than as provided for in the Distributors <br /> Settlement, (b) does not comply with conditions for receiving <br /> direct payments under the MOU, or(c) does not promptly submit <br /> necessary reporting and compliance information to its Regional <br /> Opioid Abatement Counsel ("Regional OAC") as defined at <br /> Section C.4.h of the MOU,then the Regional OAC may suspend <br /> direct payments to the Participating Local Government after <br /> notice, an opportunity to cure, and sufficient due process. If direct <br /> payments to Participating Local Government are suspended,the <br /> payments shall be treated as if the Participating Local Government <br /> is foregoing their allocation of Opioid Funds pursuant to Section <br /> C.4.d and C.4.j.iii of the MOU. In the event of a suspension,the <br /> Regional OAC shall give prompt notice to the suspended <br /> Participating Local Government and the Settlement Fund <br /> Administrator specifying the reasons for the suspension,the <br /> process for reinstatement, the factors that will be considered for <br /> reinstatement, and the due process that will be provided. A <br /> suspended Participating Local Government may apply to the <br /> Regional OAC to be reinstated for direct payments no earlier than <br /> five years after the suspension." <br /> G. Consistent with how attorney fee funds for outside counsel for <br /> Participating Local Subdivisions are being administered in most states <br /> across the country, the Government Fee Fund("GFF") set forth in the <br /> 4 <br />
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