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08. August
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2024-08-06 10:00 AM - Commissioners' Agenda
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Last modified
8/1/2024 1:14:10 PM
Creation date
8/1/2024 1:07:57 PM
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Meeting
Date
8/6/2024
Meeting title
Commissioners' Agenda
Location
Commissioners' Auditorium
Address
205 West 5th Room 109 - Ellensburg
Meeting type
Regular
Meeting document type
Supporting documentation
Supplemental fields
Item
Request to Approve a Resolution Accepting the Kroger Co. Multi-State Settlement Agreement
Order
2
Placement
Consent Agenda
Row ID
120774
Type
Resolution
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agreement, (ii) fees paid to subdivision attorneys from the Common <br />Benefit Fund for common benefit work performed by the attorneys <br />pursuant to Exhibit R of the Settlement, or (iii) costs paid to subdivision <br />attorneys from the MDL Expense Fund for expenses incurred by the <br />attorneys pursuant to the Settlement. <br />J. Under no circumstances may counsel receive more for its work on behalf <br />of a Litigating Local Government than it would under its contingency <br />agreement with that Litigating Local Government. To the extent a law <br />firm was retained by a Litigating Local Government on a contingency fee <br />agreement that provides for compensation at a rate that is less than fifteen <br />percent (15%) of that Litigating Local Government's recovery, the <br />maximum amount payable to that law firm referred to in Section D.3 of <br />the MOU shall be the percentage set forth in that contingency fee <br />agreement. <br />K. For the avoidance of doubt, both payments from the GFF and the payment <br />to the Participating Litigating Local Governments' attorneys from the <br />Contingency Fee Fund in the Settlement shall be included when <br />calculating whether the aforementioned fifteen percent (15%) maximum <br />percentage (or less if the provisions of Paragraph I O.J of this Allocation <br />Agreement III apply) of any Litigating Local Government contingency fee <br />agreement referred to above has been met. <br />L. To the extent there are any excess funds in the GFF, the Settlement <br />Administrator shall facilitate the return of those funds to the Participating <br />Local Governments as provided for in Section D.6 of the MOU. <br />12. In connection with the execution and administration of this Allocation Agreement <br />III, the State and the Participating Local Governments agree to abide by the <br />Public Records Act, RCW 42.56 et seq. <br />13. All Participating Local Governments, Regional OACs, and the State shall <br />maintain all non -transitory records related to this Allocation Agreement III as <br />well as the receipt and expenditure of the funds from the Settlement for no less <br />than five (5) years. <br />14. If any party to this Allocation Agreement III believes that a Participating Local <br />Government, Regional OAC, the State, an entity, or individual involved in the <br />receipt, distribution, or administration of the funds from the Settlement has <br />violated any applicable ethics codes or rules, a complaint shall be lodged with the <br />appropriate forum for handling such matters, with a copy of the complaint <br />promptly sent to the Washington Attorney General, Complex Litigation Division, <br />Division Chief, 800 Fifth Avenue, Suite 2000, Seattle, Washington 98104. <br />15. To the extent (i) a region utilizes a pre-existing regional body to establish its <br />Opioid Abatement Council pursuant to the Section 4.h of the MOU, and (III) that <br />
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