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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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BOCC
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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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15 <br /> d. Copy to NCDOJ of any additional reporting If the National Settlement Agreement <br /> or any Bankruptcy Resolutions require that a Local Government file, post, or <br /> provide a report or other document beyond those described in this MOA, or if any <br /> Local Government communicates in writing with any national administrator or <br /> other entity created or authorized by the National Settlement Agreement or any <br /> Bankruptcy Resolutions regarding the Local Government's compliance with the <br /> National Settlement Agreement or Bankruptcy Resolutions,the Local Government <br /> shall email a copy of any such report, document, or communication to the North <br /> Carolina Department of Justice at opioiddocs@ncdoj.gov. <br /> e. Compliance and non-compliance. <br /> i. Every Local Government shall make a good faith effort to comply with all <br /> of its reporting obligations under this MOA, including the obligations <br /> described in Section F.6.c above. <br /> ii. A Local Government that engages in a good faith effort to comply with its <br /> reporting obligations under Section F.6.c but fails in some way to report <br /> information in an accurate, timely, or complete manner shall be given an <br /> opportunity to remedy this failure within a reasonable time. <br /> iii. A Local Government that does not engage in a good faith effort to comply <br /> with its reporting obligations under this MOA, or that fails to remedy <br /> reporting issues within a reasonable time, may be subject to action for <br /> breach of contract. <br /> iv. Notwithstanding anything to the contrary herein, a Local Government that <br /> is in substantial compliance with the reporting obligations in this MOA shall <br /> not be considered in breach of this MOA or in breach of contract. <br /> 7. Collaboration. The State and Local Governments must collaborate to promote effective <br /> use of Opioid Settlement Funds, including through the sharing of expertise, training, <br /> technical assistance. They will also coordinate with trusted partners to collect and share <br /> information about successful regional and other high-impact strategies and opioid <br /> treatment programs. <br /> G. County Incentive Fund <br /> A Local Government receiving Settlement Proceeds pursuant to Section B.4.a shall be an <br /> Incentive Eligible Local Government if every municipality in the Local Government's <br /> county with population of at least 30,000 has executed this MOA by October 1, 2021, but <br /> no later than any such deadline set in the National Settlement Agreement for the highest <br /> possible participation in incentive structures for North Carolina. Each Incentive Eligible <br /> Local Government shall receive a share of the 5% County Incentive Fund set forth in <br /> Section B.2.iii, distributed pro rata among only Incentive Eligible Local Governments as <br /> set forth in Exhibit G. For purposes of the calculations required by this Section, <br /> populations will be based on United States Census Bureau's Vintage 2019 population <br /> totals,and a municipality with populations in multiple counties will be counted only toward <br /> the county which has the largest share of that municipality's population. <br /> 11 <br />
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