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Agenda - 03-07-2023; 8-k - Opioid Litigation Supplemental Agreement for Additional Funds
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Agenda - 03-07-2023; 8-k - Opioid Litigation Supplemental Agreement for Additional Funds
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3/2/2023 1:29:50 PM
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BOCC
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3/7/2023
Meeting Type
Business
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Agenda
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8-k
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Agenda for March 7, 2023 BOCC Meeting
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5 <br /> B. Allocation of Additional Funds <br /> 1. Method of distribution. Pursuant to any Additional Settlements, <br /> Additional Funds shall be distributed directly to the State, Local <br /> Governments, and Local Counsel for such uses as set forth in the MOA <br /> and this SAAF, provided Opioid Settlement Funds shall not be <br /> considered funds of the State, any Local Governments, or any Local <br /> Counsel unless and until such time as each distribution is made. <br /> 2. Overall allocation of funds. Additional Funds shall be allocated as <br /> follows with respect to each payment from the Additional Settling <br /> Defendants: (i) 15% directly to the State ("State Additional Abatement <br /> Fund"), (ii) 84.62% to abatement funds established by Local <br /> Governments ("Local Additional Abatement Funds"), and (iii) 0.38% to <br /> a Local Counsel Fee Fund described in section IV of this SAAR <br /> 3. The allocation of Local Additional Abatement Funds between Local <br /> Governments shall be as described in MOA section B.3. However, to <br /> the extent required by the terms of an Additional Settlement, the <br /> proportions set forth in MOA Exhibit G shall be adjusted: (i) to provide <br /> no payment from an Additional Settlement to any listed county or <br /> municipality that does not participate in the Additional Settlement; <br /> and (ii) to provide a reduced payment from an Additional Settlement to <br /> any listed county or municipality that signs onto the Additional <br /> Settlement after the deadline specified by the Additional Settlement. <br /> 4. Municipal allocations of Local Additional Abatement Funds shall be as <br /> described in MOA section B.4. Consistent with the manner in which <br /> MOA section B.4.b has been interpreted by the parties to the MOA <br /> with respect to Opioid Settlement Funds, a municipality that directs <br /> Local Additional Abatement Funds to the county or counties in which <br /> it is located pursuant to MOA section B.4 shall be relieved of any <br /> reporting or other obligations under the MOA with respect to the <br /> redirected funds. <br /> 5. The use of Additional Funds for opioid remediation activities shall be <br /> as described in MOA section B.S. <br /> 6. All Parties acknowledge and agree the Additional Settlements will <br /> require a Local Government to release all its claims against the <br /> Additional Settling Defendants to receive Additional Funds. All Parties <br /> further acknowledge and agree based on the terms of the Additional <br /> Settlements, a Local Government may receive funds through this <br /> SAAF only after complying with all requirements set forth in the <br /> Additional Agreements to release its claims. <br /> 3 <br />
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