Laserfiche WebLink
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