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Agenda - 06-01-2021; 6-a - Opioid Litigation Memorandum of Agreement
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Agenda - 06-01-2021; 6-a - Opioid Litigation Memorandum of Agreement
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5/27/2021 11:50:05 AM
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6/1/2021
Meeting Type
Business
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Agenda
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6-a
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RES-2021-036-RESOLUTION Opioid Litigation Memorandum of agreement
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11 <br /> special revenue fund shall not be used for any loans or pledge of assets, unless the loan or <br /> pledge is for an opioid remediation purpose consistent with the terms of this MOA and <br /> adopted under the process described in Section E.6 below. Although counties or <br /> municipalities may make contracts with or grants to a nonprofit, charity, or other entity, <br /> counties or municipalities may not assign to another entity their rights to receive payments <br /> from the national settlement or their responsibilities for funding decisions. <br /> 3. Interest earned on special revenue fund. The funds in the special revenue fund may be <br /> invested, consistent with the investment limitations for local governments, and may be <br /> placed in an interest-bearing bank account. Any interest earned on the special revenue <br /> fund must be used in a way that is consistent with this MOA. <br /> E. Opioid Remediation Activities. <br /> 1. Limitation on use of funds. Local Governments shall expend Opioid Settlement Funds <br /> only for opioid-related expenditures consistent with the terms of this MOA and incurred <br /> after the date of the Local Government's execution of this MOA, unless execution of the <br /> National Settlement Agreement requires a later date. <br /> 2. Opportunity to cure inconsistent expenditures. If a Local Government spends any Opioid <br /> Settlement Funds on an expenditure inconsistent with the terms of this MOA, the Local <br /> Government shall have 60 days after discovery of the expenditure to cure the inconsistent <br /> expenditure through payment of such amount for opioid remediation activities through <br /> budget amendment or repayment. <br /> 3. Consequences of failure to cure inconsistent expenditures. If a Local Government does <br /> not make the cure required by Section E.2 above within 60 days, (i) future Opioid Fund <br /> payments to that Local Government shall be reduced by an amount equal to the <br /> inconsistent expenditure, and (ii) to the extent the inconsistent expenditure is greater than <br /> the expected future stream of payments to the Local Government, the Attorney General <br /> may initiate a process up to and including litigation to recover and redistribute the overage <br /> among all eligible Local Governments. The Attorney General may recover any litigation <br /> expenses incurred to recover the funds. Any recovery or redistribution shall be distributed <br /> consistent with Sections B.3 and B.4 above. <br /> 4. Annual meeting of counties and municipalities within each county. Each county receiving <br /> Opioid Settlement Funds shall hold at least one annual meeting with all municipalities in <br /> the Local Government's county invited in order to receive input as to proposed uses of the <br /> Opioid Settlement Funds and to encourage collaboration between local governments both <br /> within and beyond the county. These meetings shall be open to the public. <br /> 5. Use of settlement funds under Option A and Option B. Local Governments shall spend <br /> Opioid Settlement Funds from the Local Abatement Funds on opioid remediation activities <br /> using either or both of the processes described as Option A and Option B below, unless <br /> the relevant National Settlement Agreement or Bankruptcy Resolution further limit the <br /> spending. <br /> 7 <br />
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