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RES-2022-168
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2022-09-06 10:00 AM - Commissioners' Agenda
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RES-2022-168
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Last modified
9/13/2022 11:54:56 AM
Creation date
9/13/2022 11:53:49 AM
Metadata
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Template:
Meeting
Date
9/6/2022
Meeting title
Commissioners' Agenda
Location
Commissioners' Auditorium
Address
205 West 5th Room 109 - Ellensburg
Meeting type
Regular
Meeting document type
Fully Executed Version
Supplemental fields
Item
Request to Approve a Resolution Authorizing the Chair's Signature on a Opioid Litigation Allocation Agreement
Order
3
Placement
Consent Agenda
Row ID
93293
Type
Agreement
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7 <br />on a contingency fee contract and City X receives $1,000,000 from the <br />Distributors Settlement, then the maxirnum that the firm can receive is $150,000 <br />for fees.) <br />No portion of the Washington Fees and Costs as defined in Section V of the <br />Distributors Settlement andlor the State Share as defined in Paragraph 8.A of this <br />Allocation Agreement shall be used to fund the Government Fee Fund ("GFF") <br />referred to in Paragraph 10 of this Allocation Agreement and Section D of the <br />MOU, or in any other way to fund any Participating Local Government's <br />attomeys' fees, costs, or common benefit tax other than the aforementioned <br />payment by the Settling Distributors to Participating Litigating Subdivisions' <br />attorneys for fees and costs in Section V.8.2 of the Distributors Settlement. <br />The Washington Abatement Amount shall and must be used by the State and <br />Participating Local Governments for Opioid Remediation as defined in Section <br />I.SS of the Global Settlement, except as allowed by Section V of the Global <br />Settlement. Exhibit 4 is a non-exhaustive list of expenditures that qualify as <br />Opioid Remediation. Further, the Washington Abatement Amount shall and must <br />be used by the State and Participating Local Governments as provided for in the <br />Distributors Settlernent. <br />The State and the Participating Local Governments agree to divide the <br />Washington Abatement Amount as follows: <br />A. Fifty percent (50%) to the State of Washington ("State Share") <br />B. Fifty percent (50%) to the Participating Local Govemments ("LG Share"). <br />The LG Share shall be distributed pursuant to the MOU attached hereto as Exhibit <br />3 as amended and modified in this Allocation Agreement. <br />For purposes of this Allocation Agreement only, the MOU is modified as follows <br />and any contrary provisions in the MOU are struck: <br />A. The MOU is amended to add new Section E.6, which provides as follows <br />A Local Government may elect in its discretion to execute the <br />MOU for purposes of this Allocation Agreement only. If a Local <br />Govemments executes the MOU for purposes of this Allocation <br />Agreement only, then the MOU will only bind such Local <br />Govemment and be effective with respect to this Allocation <br />Agreement and the Distributors Settlement, and not any other <br />Settlement as that term is defined in Section A.14 of the MOU. To <br />execute the MOU for purposes of this Allocation Agreement only, <br />the Local Government may either (a) check the applicable box on <br />its signature page of this Allocation Agreement that is retumed or <br />(b) add language below its signature lines in the MOU that is <br />returned indicating that the Local Government is executing or has <br />8 <br />9 <br />10 <br />11 <br />J
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