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WA State Allocation Agreement of funds paid from Opioid Settlements
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WA State Allocation Agreement of funds paid from Opioid Settlements
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9/11/2025 12:15:37 PM
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9/11/2025 12:14:08 PM
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Meeting
Date
9/16/2025
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 Authorizing Acceptance and County Participation in the Washington State Allocation Agreement of Funds Paid by the Purdue Bankruptcy and Certain Opioid Manufactures and Authorizing Commissioner Signature on All Required Participation Forms
Order
2
Placement
Consent Agenda
Row ID
135628
Type
Resolution
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G . The GFF set forth in the MOU shall be funded by the LG Share of the <br />Washington Abatement Amount only. To the extent the common benefit <br />tax is not already payable by the Settling Entities as contemplated by <br />Section 0.8 of the MOU, the GFF shall be used to pay Litigating Local <br />Government contingency fee agreements and any common benefit tax <br />referred to in Section D of the MOU, which shall be paid on a pro rata <br />basis to eligible law firms as determined by the Settlement Administrator. <br />H . To fund the GFF, fifteen percent (15%) of the LG Share shall be deposited <br />in the GFF from each LG Share settlement payment until the Litigating <br />Subdivisions' contingency fee agreements and common benefit tax (if <br />any) referred to in Section D of the MOU are satisfied. Under no <br />circumstances will any Primary Subdivision or Litigating Local <br />Government be required to contribute to the GFF more than 15% of the <br />portion of the LG Share allocated to such Primary Subdivision or <br />Litigating Local Government. In addition, under no circumstances will <br />any portion of the LG Share allocated to a Litigating Local Government be <br />used to pay the contingency fees or litigation expenses of counsel for some <br />other Litigating Local Government. <br />I. The maximum amount of any Litigating Local Government contingency <br />fee agreement (from the Contingency Fee Fund of the respective <br />Settlements) payable to a law firm permitted for compensation shall be <br />fifteen percent (15%) of the portion of the LG Share paid to the Litigating <br />Local Government that retained that firm (i.e., if City X filed suit with <br />outside counsel on a contingency fee contract and City X receives <br />$1,000,000 from a Settlement, then the maximum that the firm can receive <br />is $150,000 for fees.) The firms also shall be paid documented expenses <br />due under their contingency fee agreements that have been paid by the law <br />firm attributable to that Litigating Local Government. Consistent with <br />Agreement on Attorneys' Fees, Costs, and Expenses, which is Exhibit R <br />of the Settlements, as well as the Purdue Plan, amounts due to <br />Participating Litigating Subdivisions' attorneys under this Allocation <br />Agreement IV shall not impact (i) costs paid by the subdivisions to their <br />attorneys pursuant to a State Back-Stop agreement, (ii) fees paid to <br />subdivision attorneys from the Common Benefit Fund for common benefit <br />work performed by the attorneys pursuant to Exhibit R of the Settlements, <br />or (iii) costs paid to subdivision attorneys from the MDL Expense Fund <br />for expenses incurred by the attorneys pursuant to the Settlements. <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 0.3 of <br />7
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