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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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6. Nothing in this MOU should alter or change any Participating <br /> Local Government's rights to pursue its own claim. Rather,the intent of <br /> this MOU is to join all parties who wish to be Participating Local <br /> Governments to agree upon an allocation formula for any Opioid Funds <br /> from any future binding Settlement with one or more Pharmaceutical <br /> Supply Chain Participants for all Local Governments in the State of <br /> Washington. <br /> 7. If any Participating Local Government disputes the amount it <br /> receives from its allocation of Opioid Funds,the Participating Local <br /> Government shall alert its respective OAC within sixty (60) days of <br /> discovering the information underlying the dispute. Failure to alert its <br /> OAC within this time frame shall not constitute a waiver of the <br /> Participating Local Government's right to seek recoupment of any <br /> deficiency in its allocation of Opioid Funds. <br /> 8. If any OAC concludes that a Participating Local Government's <br /> expenditure of its allocation of Opioid Funds did not comply with the <br /> Approved Purposes listed in Exhibit A, or the terms of this MOU, or that <br /> the Participating Local Government otherwise misused its allocation of <br /> Opioid Funds,the OAC may take remedial action against the alleged <br /> offending Participating Local Government. Such remedial action is left to <br /> the discretion of the OAC and may include withholding future Opioid <br /> Funds owed to the offending Participating Local Government or requiring <br /> the offending Participating Local Government to reimburse improperly <br /> expended Opioid Funds back to the OAC to be re-allocated to the <br /> remaining Participating Local Governments within that Region. <br /> 9. All Participating Local Governments and OAC shall maintain all <br /> records related to the receipt and expenditure of Opioid Funds for no less <br /> than five(5) years and shall make such records available for review by <br /> any other Participating Local Government or OAC, or the public. Records <br /> requested by the public shall be produced in accordance with <br /> Washington's Public Records Act RCW 42.56.001 et seq. Records <br /> requested by another Participating Local Government or an OAC shall be <br /> produced within twenty-one (21) days of the date the record request was <br /> received. This requirement does not supplant any Participating Local <br /> Government or OAC's obligations under Washington's Public Records <br /> Act RCW 42.56.001 et seq. <br /> D. Payment of Counsel and Litigation Expenses <br /> 1. The Litigating Local Governments have incurred attorneys' fees <br /> and litigation expenses relating to their prosecution of claims against the <br /> Pharmaceutical Supply Chain Participants, and this prosecution has inured to the <br /> benefit of all Participating Local Governments.Accordingly, a Washington <br /> 8 <br />
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