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HomeMy WebLinkAboutAgreements/Contracts - BOCC (005)K23.148 INTERLOCAL AGREEMENT BETWEEN CHELAN COUNTY, DOUGLAS COUNTY, GRANT COUNTY, OKANOGAN C( a ,',NTY, CITY OF WENATCHEE, CITY OF EAST WENATCHEE, AND CITY OF MOSE�o LAKE This Agreement is made by and between Chelan County, Douglas County, Grant County, Okanogan County and the cities of Wenatchee, East Wenatchee, and Moses Lake, which are collectively referred to as "Participating Local Governments" as that term is defined in the One Washington Memorandum of Understanding Between Washington Municipalities, for the purpose of establishing the Opioid Abatement Council (OAC) for the North Central Region. The Parties to this Agreement mutually agree to the terms contained herein. RECITALS A. Chelan, Douglas, Grant, and Okanogan counties and the cities of Wenatchee, East Wenatchee, and Moses Lake are Participating Local Governments in the National Prescription Opiate Litigation, United States District Court for the Northern District of Ohio, Case No. 1:17- md-02804-DAP. B. Chelan, Douglas, Grant, and Okanogan counties and the cities of Wenatchee, East Wenatchee, and Moses Lake are also Participating Local Governments to the One Washington Memorandum of Understanding Between Washington Municipalities (One WA MOU), a copy of which is attached hereto as Attachment A and fully incorporated herein. C. Chelan, Douglas, Grant, and Okanogan counties and the cities of Wenatchee, East Wenatchee, and Moses Lake are also Participants to the Allocation Agreement Governing the Allocation of Funds Paid by the Settling Opioid Distributors in Washington State (Allocation Agreement), a copy of which is attached hereto as Attachment B and fully incorporated herein. D. Chelan, Douglas, Grant, and Okanogan counties and the cities of Wenatchee, East Wenatchee, and Moses Lake have received the initial funds, and anticipate receipt of other funds, resulting from settlements with and/or litigation against opioid pharmaceutical supply chain participants. E. Funds allocated to Chelan, Douglas, Grant, and Okanogan counties and the cities of Wenatchee, East Wenatchee, and Moses Lake pursuant to the One WA MOU, the Allocation Agreement, and other funds resulting from settlements with and/or litigation against opioid pharmaceutical supply chain participants shall be collectively referred to herein as "Opioid Funds." F. Chelan, Douglas, Grant, and Okanogan counties as well as the cities of Wenatchee, East Wenatchee and Moses Lake seek to establish the North Central Washington Opioid Abatement Council (NCW-OAC) pursuant to Section C.4.h of the One WA MOU and pursuant to Section 15 of the Allocation Agreement for the purposes of administering Opioid Funds allocated to Chelan, Douglas, Grant, and Okanogan counties as well as the cities of Wenatchee, East Wenatchee and Moses Lake consistent with the Approved Purposes set forth in Regional ILA Establishing NCW-OAC Page 1 of 6 the One WA MOU and consistent with the purposes set forth in Section 8 of the Allocation Agreement. G. Tribal members are subject to separate agreements concerning Opioid Funds, are not subject to the One WA MOU or the Allocation Agreement described herein. H. This Agreement does not contemplate a joint budget between the Participating Local Governments referenced herein, nor does this Agreement contemplate the joint acquisition of property by the Participating Local Governments. AGREEMENT 1. The foregoing Recitals A through H are true and correct and are incorporated herein by reference as if fully set forth herein. 2. Chelan, Douglas, Grant, and Okanogan counties and the cities of Wenatchee, East Wenatchee and Moses Lake or their designees hereby make up the membership of the NCW- OAC pursuant to Section C.4.h of the One WA MOU and pursuant to Section 15 of the Allocation Agreement. Each Participating Local Government shall appoint a person qualified under Section C.4.i of the One WA MOU to the NCW-OAC. 3. Pursuant to the One WA MOU Sections C.4.d and C.4.e, each Participating Local Government elects to receive direct payment of the settlement funds for use for Approved Purposes, as that term is defined in the One WA MOU, and Section 8 of the Allocation Agreement, and each Participating Local Government shall maintain full discretion over the use and distribution of their respective allocation of Opioid Funds, provided that the Opioid Funds are used solely for Approved Purposes and for administrative costs as stated in Section 4 of this Agreement. 4. Ten percent (10%) of Opioid Funds allocated to the Participating Local Governments will 'be reserved, on an annual basis, for administrative costs related to NCW- OAC. Participating Local Governments or their designees will provide an annual accounting for actual costs and any reserved funds that exceed actual costs will be reallocated to Approved Purposes in proportion to the Opioid Funds received by each Participating Local Government. 5. Opioid Funds will be subject to mechanisms for auditing and reporting to provide public accountability and transparency. All records related to the receipt and expenditure of Opioid Funds shall be maintained for no less than five (5) years and such records shall be available for review by the Parties to this Agreement, government oversight authorities, and the public. Records requested by the public shall be produced in accordance with Washington's Public Records Act, RCW 42.56.001 et seq. 6. The NCW-OAC will be responsible for the actions described in Section C.4.j. of the One WA MOU. The NCW-OAC may contract with a third party to carry out any or all of the actions described in Section C.4.j of the One WA MOU. Regional ILA Establishing NCW-OAC Page 2 of 6 7. Each Participating Local Government shall be responsible for undertaking the actions provided in Section C.4.g of the One WA MOU. 8. If any Party to this Agreement believes another Party violated the terms of this Agreement, the One WA MOU, and/or the Allocation Agreement, the alleging Party may seek judicial enforcement of the terms of this Agreement, the One WA MOU, and/or the Allocation Agreement. The Parties hereby stipulate that venue of any action shall be in accordance with Section E.3 of the One WA MOU. Prior to filing any such action, the alleging Party shall first provide the alleged offending Party notice of the alleged violation(s) and a reasonable opportunity to cure the alleged violation(s). In such an enforcement action, any alleging Party or alleged offending Party may be represented by their respective public entity in accordance with Washington law. 9. Nothing in this MOU shall be interpreted to waive the right of any Party to seek judicial relief for conduct occurring outside the scope of this Agreement that violates any Washington law. In such an action, the alleged offending Party may be represented by their respective public entities in accordance with Washington law. In the event of a conflict, any Party may seek outside representation to defend itself against such an action. 10. 'If any agreements are entered into by NCW-OAC, these subsequent agreements shall be subject to the terms and conditions of this Agreement establishing the NCW-OAC as it may be amended or superseded from time to time, except that in the event of an inconsistency between this Agreement and subsequent agreements, unless otherwise provided, the inconsistency is resolved by giving precedence in the following order: a. Applicable Federal and Washington State Statutes and Regulations. b. All terms and conditions in this Agreement, including the One WA MOU and the Allocation Agreement. c. This Agreement, as it may be amended or superseded from time to time. d. Any other material incorporated herein by written reference. e. Subsequent agreements. 11. The Parties, their employees, and agents shall not discriminate against any person based on any reason prohibited by Washington state or federal law as adopted or subsequently amended. 12. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. The Parties agree not to deny the legal effect or enforceability of this Agreement solely because it is in electronic form or because an electronic record was used in its formation. The Parties agree not to object to the admissibility of this Agreement in the form of an electronic record, or a paper copy of an electronic document, or a paper copy of a document bearing an electronic signature, on the grounds that it is an electronic record or electronic signature or that it is not in its original form or is not an original. 13. This Agreement shall take effect upon the date of its full execution, and shall be Regional ILA Establishing NCW-OAC Page 3 of 6 filed with the respective county auditors or listed on the Participating Local Governments' respective websites as provided for in RCW 39.34.040. No amendments to this Agreement shall be valid or binding on any Party unless such changes or additions are in writing and executed by all Parties. 14. Each Party represents that all procedures necessary to authorize such Party's execution of this Agreement have been performed and that the person signing for such Party has been authorized to execute this Agreement. Approved this day of , 2023 CHELAN COUNTY BOARD OF COMMISSIONERS Tiffany Gering, Chair Shon Smith, Commissioner Kevin Overbay, Commissioner Attest: Carlye Baity, Clerk of the Board Approved this day of , 2023 DOUGLAS COUNTY BOARD OF COMMISSIONERS Dan Sutton, Chair Kyle Steinburg, Commissioner Marc Straub, Commissioner Attest: Tiana Rowland, Clerk of the Board Regional ILA Establishing NCW-OAC Page 4 of 6 Approved this,,2&"j" day of .52023 GRANT COUNTY BOARD OF COMMISSIONERS Danny Stone, Chair Attest: Barba'J. Va quez, Clerk f the Board Approved this day of , 2023 OKANOGAN COUNTY BOARD OF COMMISSIONERS Andy Hover, Chair Chris Branch, Commissioner Jim DeTro, Commissioner Attest: Lanie Johns, Clerk of the Board Regional ILA Establishing NCW-OAC Page 5 of 6 Approved this day of , 2023 CITY OF WENATCHEE Frank Kuntz, Mayor Attest: Tammy McCord, City Clerk Approved this day of , 2023 CITY OF EAST WENATCHEE Jerrilea Crawford, Mayor Attest: Laura Leon, City Clerk Approved this day of , 2023 CITY OF MOSES LAKE Kevin Fuhr, Interim City Manager Attest: Debbie Burke, City Clerk Regional ILA Establishing NCW-OAC Page 6 of 6