Research. Support opioid abatement research that may include, but is not limited to, the following: 1. Monitoring, surveillance, data collection and evaluation of programs and strategies described in this opioid abatement strategy list. 2. Research non-opioid treatment of chronic pain. 3. Research on improved service delivery for modalities such as SBIRT that demonstrate promising but mixed results in populations vulnerable to opioid use disorders. 4. Research on novel harm reduction and prevention efforts such as the provision of fentanyl test strips. 5. Research on innovative supply-side enforcement efforts such as improved detection of mail-based delivery of synthetic opioids. 6. Expanded research on swift/certain/fair models to reduce and deter opioid misuse within criminal justice populations that build upon promising approaches used to address other substances (e.g., Hawaii HOPE and Dakota 24/7). 7. Epidemiological surveillance of OUD-related behaviors in critical populations, including individuals entering the criminal justice system, including, but not limited to approaches modeled on the Arrestee Drug Abuse Monitoring (“XXXX”) system. 8. Qualitative and quantitative research regarding public health risks and harm reduction opportunities within illicit drug markets, including surveys of market participants who sell or distribute illicit opioids. 9. Geospatial analysis of access barriers to MAT and their association with treatment engagement and treatment outcomes. Governmental Entity: State: Authorized Official: Address 1: Address 2: City, State, Zip: Phone: Email: The governmental entity identified above (“Governmental Entity”), in order to obtain and in consideration for the benefits provided to the Governmental Entity pursuant to the Settlement Agreement and Release dated May 4, 2022 (“Walgreens Settlement”),1 and acting through the undersigned authorized official, hereby elects to participate in the Walgreens Settlement, release all Released Claims against all Releasees, and agrees as follows. 1. The Governmental Entity is aware of and has reviewed the Walgreens Settlement, understands that all terms in this Subdivision Settlement Participation Form have the meanings defined therein, and agrees that by signing this Subdivision Settlement Participation Form, the Governmental Entity elects to participate in the Walgreens Settlement and become a Participating Subdivision as provided therein. 2. The Governmental Entity shall immediately cease any and all litigation activities as to the Releasees and Released Claims and, within the later of 7 days following the entry of the Consent Judgment or 7 days of the Execution Date of this Subdivision Settlement Participation Form, voluntarily dismiss with prejudice any Released Claims that it has filed. 3. The Governmental Entity agrees to the terms of the Walgreens Settlement pertaining to Subdivisions as defined therein. 4. By agreeing to the terms of the Walgreens Settlement and expressly agreeing to the Releases provided for therein, the Governmental Entity is entitled to the benefits provided therein, including, if applicable, monetary payments beginning after the Effective Date of the Release. 5. The Governmental Entity agrees to use any monies it receives through the Walgreens Settlement solely for the purposes provided therein. 6. The Governmental Entity submits to the jurisdiction of the Court for purposes limited to the Court’s role as provided in, and for resolving disputes to the extent provided in, the Walgreens Settlement. 1 The defined terms in the Walgreens Settlement shall have the same meaning in this Subdivision Settlement Participation Form. 7. The Governmental Entity has the right to enforce those rights given to it in the Walgreens Settlement. 8. The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for all purposes in the Walgreens Settlement, including, but not limited to, all provisions of Section D and E, and along with all departments, agencies, divisions, boards, commissions, districts, instrumentalities of any kind and attorneys, and any person in their official capacity elected or appointed to serve any of the foregoing and any agency, person, or other entity claiming by or through any of the foregoing, and any other entity identified in the definition of Releasor, provides for a release to the fullest extent of its authority. As a Releasor, the Governmental Entity hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or claim, or to cause, assist or permit to be brought, filed, or claimed, or to otherwise seek to establish liability for any Released Claims against any Releasee in any forum whatsoever. The releases provided for in the Walgreens Settlement are intended by the Parties to be broad and shall be interpreted so as to give the Releasees the broadest possible bar against any liability relating in any way to any Released Claims and extend to the full extent of the power of the Governmental Entity to release Claims. The Walgreens Settlement shall be a complete bar to any Released Claim. 9. The Governmental Entity hereby takes on all rights and obligations of a Participating Subdivision as set forth in the Walgreens Settlement. 10. In connection with the releases provided for in the Walgreens Settlement, the Governmental Entity expressly waives, releases, and forever discharges any and all provisions, rights, and benefits conferred by any law of any state or territory of the United States or other jurisdiction, or principle of common law, which is similar, comparable, or equivalent to § 1542 of the California Civil Code, which reads: As a Releasor, the Governmental Entity may hereafter discover facts other than or different from those which it knows, believes, or assumes to be true with respect to the Released Claims, but the Governmental Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges, upon the Effective Date of the Release, any and all Released Claims that may exist as of such date but which Releasors do not know or suspect to exist, whether through ignorance, oversight, error, negligence or through no fault whatsoever, and which, if known, would materially affect the Governmental Entity’s decision to participate in the Walgreens Settlement. 11. Nothing herein is intended to modify in any way the terms of the Walgreens Settlement, to which the Governmental Entity hereby agrees. To the extent this Subdivision Settlement Participation Form is interpreted differently from the Walgreens Settlement in any respect, the Walgreens Settlement controls. I have all necessary power and authorization to execute this Subdivision Settlement Participation Form on behalf of the Governmental Entity. Signature: Name: Title: Date: (the “Execution Date of this Subdivision Settlement Participation Form”)
Appears in 3 contracts
Samples: Settlement Agreement, Settlement Agreement, Settlement Agreement
Research. Support opioid abatement research that may include, but is not limited to, the following:
1. Monitoring, surveillance, data collection collection, and evaluation of programs and strategies described in this opioid abatement strategy list.
2. Research non-opioid treatment of chronic pain.
3. Research on improved service delivery for modalities such as SBIRT that demonstrate promising but mixed results in populations vulnerable to opioid use disorders.
4. Research on novel harm reduction and prevention efforts such as the provision of fentanyl test strips.
5. Research on innovative supply-side enforcement efforts such as improved detection of mail-mail- based delivery of synthetic opioids.
6. Expanded research on swift/certain/fair models to reduce and deter opioid misuse within criminal justice populations that build upon promising approaches used to address other substances (e.g., e.g. Hawaii HOPE and Dakota 24/7).
7. Epidemiological surveillance of OUD-related behaviors in critical populations, populations including individuals entering the criminal justice system, including, including but not limited to approaches modeled on the Arrestee Drug Abuse Monitoring (“XXXX”) system.
8. Qualitative and quantitative research regarding public health risks and harm reduction opportunities within illicit drug markets, including surveys of market participants who sell or distribute illicit opioids.
9. Geospatial analysis of access barriers to MAT and their association with treatment engagement and treatment outcomes. Governmental Entity: State: Authorized Official: Address 1: Address 2: CityCOLLABORATIVE STRATEGIC PLANNING PROCESS UNDER OPTION B ACTIVITY NAME ACTIVITY DETAIL CONTENT OF REPORT & RECOMMENDATIONS A Engage diverse stakeholders Engage diverse stakeholders, Stateper "ITEM A DETAIL" below, Zip: Phone: Email: The governmental throughout the collaborative strategic planning process Report on stakeholder engagement per "ITEM A DETAIL" below B Designate facilitator Designate a person or entity identified above (“Governmental Entity”)to facilitate the strategic collaborative planning process. Consider a trained, neutral facilitator. Identify the facilitator C Build upon any related planning Build upon or coordinate with prior or concurrent planning efforts that address addiction, drug misuse, overdose, or related issues, including but not limited to community health assessments. Report any related planning efforts you will build upon or coordinate with X Xxxxx on shared vision Agree on a shared vision for positive community change, considering how strategic investments of Opioid Settlement Funds have the potential to improve community health and well-being and address root causes of addiction, drug misuse, overdose, and related issues Report on shared vision for positive community change E Identify key indicator(s) Identify one or more population-level measures to monitor in order to obtain gauge progress towards the shared vision. (The NC Opioid Action Plan Data Dashboard contains several such measures.) Report on the key indicators selected F Identify and explore root causes Explore root causes of addiction, drug misuse, overdose, and related issues in consideration the community, using quantitative data as well as stakeholder narratives, community voices, the stories of those with lived experience, or similar qualitative information Report on root causes as described G Identify and evaluate potential strategies Identify potential strategies to address root causes or other aspects of the opioid epidemic; identify these strategies (by letter or number) on EXHIBIT A or EXHIBIT B, and consider the effectiveness of each strategy based on available evidence Identify and evaluate potential strategies H Identify gaps in existing efforts For each potential strategy identified (or for favored strategies), survey existing programs, services, or supports that address the benefits provided same or similar issues; and identify gaps or shortcomings Report on survey of and gaps in existing efforts I Prioritize strategies Prioritize strategies, taking into account your shared vision, analysis of root causes, evaluation of each strategy, and analysis of gaps in existing efforts Report on prioritization of strategies J Identify goals, measures, and evaluation plan For each strategy (or favored strategy), develop goals and an evaluation plan that includes at least one process measure (How much did you do?), at least one quality measure (How well did you do it?), and at least one outcome measure (Is anyone better off?) Report on goals, measures, and evaluation plan for each chosen strategy K Consider ways to align strategies For each potential strategy identified (or for favored strategies), consider opportunities to braid Opioid Settlement Funds with other funding streams; develop regional solutions; form strategic partnerships; or to pursue other creative solutions Report on opportunities to align strategies as described L Identify organizations Identify organizations and agencies with responsibility to implement each strategy; and identify the human, material, and capital resources to implement each strategy Identify organizations and needs to implement each strategy M Develop budgets and timelines Develop a detailed global budget for each strategy with anticipated expenditures, along with timelines for completing components of each strategy Report budgets and timelines for each strategy N Offer recommen- dations Offer recommendations to local governing body (e.g., the county board, city council, or other local governing body) Report recommendations to governing body ITEM A DETAIL: STAKEHOLDER INVOLVEMENT STAKE- HOLDERS DESCRIPTION CONTENT OF REPORT & RECOMMENDATIONS
A- 1 Local officials County and municipal officials, such as those with responsibility over public health, social services, and emergency services Report stakeholder involvement (who and how involved in process) A- 2 Healthcare providers Hospitals and health systems, addiction professionals and other providers of behavioral health services, medical professionals, pharmacists, community health centers, medical safety net providers, and other healthcare providers same as above A- 3 Social service providers Providers of human services, social services, housing services, and community health services such as harm reduction, peer support, and recovery support services same A- 4 Education and employment service providers Educators, such as representatives of K-12 schools, community colleges, and universities; and those providing vocational education, job skills training, or related employment services same A- 6 Law enforcement Law enforcement and corrections officials same A- 7 Employers Employers and business leaders same A- 8 Community groups Community groups, such as faith communities, community coalitions that address drug misuse, groups supporting people in recovery, youth leadership organizations, and grassroots community organizations same A- 9 Stakeholders with "lived experience" Stakeholders with "lived experience," such as people with addiction, people who use drugs, people in medication-assisted or other treatment, people in recovery, people with criminal justice involvement, and family members or loved ones of the individuals just listed same A- 10 Stakeholders reflecting diversity of community Stakeholders who represent the racial, ethnic, economic, and cultural diversity of the community, such as people of color, Native Americans, members of the LGBTQ community, and members of traditionally unrepresented or underrepresented groups same The Coordination Group shall consist of the following twelve members: Five Local Government Representatives • Four appointed by the North Carolina Association of County Commissioners including: • One county commissioner • One county manager • One county attorney • One county local health director or consolidated human services director • One municipal manager appointed by the North Carolina League of Municipalities Four Experts Appointed by the Department of Health and Human Services • Four appointed by the Secretary of the Department of Health and Human Services, having relevant experience or expertise with programs or policies to address the opioid epidemic, or with behavioral health, public health, health care, harm reduction, social services, or emergency services. One Expert Appointed by the Attorney General • One appointed by the Attorney General of North Carolina from the North Carolina Department of Justice or another state agency, having drug policy or behavioral health experience or expertise. Two Experts Appointed by Legislative Leaders • One representative from the University of North Carolina School of Government with relevant expertise appointed by the Speaker of the North Carolina House of Representatives. • One representative from the board or staff of the North Carolina Institute of Medicine with relevant expertise appointed by the President Pro Tem of the North Carolina Senate. The coordination group may appoint a non-voting administrator to convene meetings and facilitate the work of the coordination group. The administrator will not be paid from the Opioid Settlement Funds distributed under this MOA. Appointees shall have relevant experience or expertise with programs or policies to address the opioid epidemic, behavioral health, public health, health care, social services, emergency services, harm reduction, management of local government, or other relevant areas. Those responsible for making appointments to the Governmental Entity pursuant coordination group are encouraged to appoint individuals who reflect the diversity of North Carolina, taking into consideration the need for geographic diversity; urban and rural perspectives; representation of people of color and traditionally underrepresented groups; and the experience and perspective of persons with “lived experience.” Those responsible for making appointments may appoint a successor or replace a member at any time. Members of the coordination group serve until they resign or are replaced by the appointer. Eight members of the coordination group constitutes a quorum.
a. As provided in Section F.2 of the MOA, where no compliance audit would be required under the Federal Single Audit Act of 1984 for expenditures of Opioid Settlement Funds, a compliance audit shall be required under a compliance supplement established by a vote of at least 8 members of the coordination group. The compliance supplement shall address, at least, procedures for determining:
i. Whether the Local Government followed the procedural requirements of the MOA in ordering the expenditures.
ii. Whether the Local Government’s expenditures matched one of the types of opioid-related expenditures listed in Exhibit A of the MOA (if the Local Government selected Option A) or Exhibit B of the MOA (if the Local Government selected Option B).
iii. Whether the Local Government followed the reporting requirements in the MOA.
iv. Whether the Local Government (or sub-recipient of any grant or loan, if applicable) utilized the awarded funds for their stated purpose, consistent with this MOA and other relevant standards.
v. Which processes (such as sampling) shall be used:
i. To keep the costs of the audit at reasonable levels; and
ii. Tailor audit requirements for differing levels of expenditures among different counties.
b. The coordination group may, by a vote of at least 8 members, propose amendments to the Settlement Agreement MOA as discussed in Section H of the MOA or modify any of the following:
i. The high-impact strategies discussed in Section E.5 of the MOA and Release dated May 4described in
ii. The collaborative strategic planning process discussed in Section E.5 of the MOA and described in Exhibit C to the MOA;
iii. The annual financial report discussed in Section F.4 of the MOA and described in
iv. The impact information discussed in Section F.4 of the MOA and described in
v. Other information reported to the statewide opioid dashboard.
c. The coordination group may, 2022 (“Walgreens Settlement”),1 by consensus or by vote of a majority of members present and acting through voting, work with the undersigned authorized officialparties to this MOA, hereby elects the North Carolina Association of County Commissioners, the North Carolina League of Municipalities, other associations, foundations, non-profits, and other government or nongovernment entities to provide support to Local Governments in their efforts to effectuate the goals and implement the terms of this MOA. Among other activities, the coordination group may coordinate, facilitate, support, or participate in any of the Walgreens Settlementfollowing activities:
i. Providing assistance to Local Governments in identifying, release all Released Claims against all Releaseeslocating, collecting, analyzing, or reporting data used to help address the opioid epidemic or related challenges, including data referred to in Exhibit F;
ii. Developing resources or providing training or technical assistance to support Local Governments in addressing the opioid epidemic and carrying out the terms of this MOA;
iii. Developing pilot programs, trained facilitators, or other resources to support the collaborative strategic planning process described in this MOA;
iv. Developing and implementing a voluntary learning collaborative among Local Governments and others to share best practices in carrying out the terms of this MOA and addressing the opioid epidemic, including in-person or virtual convenings or connections;
v. Developing voluntary leadership training programs for local officials on strategies to address the opioid epidemic, opportunities for Local Governments to harness the ongoing transition to value-based healthcare, and agrees as follows.other relevant topics;
vi. Taking other actions that support Local Governments in their efforts to effectuate the goals and implement the terms of this MOA but do not in any way change the terms of this MOA or the rights or obligations of parties to this MOA. Each annual financial report must include the following financial information:
1. The Governmental Entity is aware amount of and has reviewed the Walgreens Settlement, understands that all terms in this Subdivision Opioid Settlement Participation Form have the meanings defined therein, and agrees that by signing this Subdivision Settlement Participation Form, the Governmental Entity elects to participate Funds in the Walgreens Settlement and become a Participating Subdivision as provided thereinspecial revenue fund at the beginning of the fiscal year (July 1).
2. The Governmental Entity shall immediately cease any and all litigation activities as to amount of Opioid Settlement Funds received during the Releasees and Released Claims and, within the later of 7 days following the entry of the Consent Judgment or 7 days of the Execution Date of this Subdivision Settlement Participation Form, voluntarily dismiss with prejudice any Released Claims that it has filedfiscal year.
3. The Governmental Entity agrees to amount of Opioid Settlement Funds disbursed or applied during the terms of the Walgreens Settlement pertaining to Subdivisions as defined thereinfiscal year, broken down by funded strategy (with any permissible common costs prorated among strategies).
4. By agreeing The amount of Opioid Settlement Funds used to the terms cover audit costs as provided in Section F.3 of the Walgreens Settlement and expressly agreeing to the Releases provided for therein, the Governmental Entity is entitled to the benefits provided therein, including, if applicable, monetary payments beginning after the Effective Date of the Releasethis MOA.
5. The Governmental Entity agrees to use any monies it receives through amount of Opioid Settlement Funds in the Walgreens Settlement solely for special revenue fund at the purposes provided therein.end of the fiscal year (June 30). All Local Governments that receive two-tenths of one percent (0.2 percent) or more of the total Local Government Allocation as listed in Exhibit G shall provide the following additional information:
6. The Governmental Entity submits to For all Opioid Settlement Funds disbursed or applied during the jurisdiction fiscal year as reported in item 3 above, a single breakdown of the Court total amount disbursed or applied for purposes limited to all funded strategies during the Court’s role as provided in, and for resolving disputes to fiscal year into the extent provided in, the Walgreens Settlementfollowing categories:
a. Human resource expenditures.
1 The defined terms in the Walgreens Settlement shall have the same meaning in this Subdivision Settlement Participation Form.
7. The Governmental Entity has the right to enforce those rights given to it in the Walgreens Settlement.
8. The Governmental Entityb. Subcontracts, as a Participating Subdivision, hereby becomes a Releasor for all purposes in the Walgreens Settlement, including, but not limited to, all provisions of Section D and E, and along with all departments, agencies, divisions, boards, commissions, districts, instrumentalities of any kind and attorneys, and any person in their official capacity elected or appointed to serve any of the foregoing and any agency, persongrants, or other entity claiming by or through any payments to sub-recipients involved in implementing of the foregoing, and any other entity identified in the definition of Releasor, provides for a release to the fullest extent of its authority. As a Releasor, the Governmental Entity hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or claim, or to cause, assist or permit to be brought, filed, or claimed, or to otherwise seek to establish liability for any Released Claims against any Releasee in any forum whatsoever. The releases provided for in the Walgreens Settlement are intended by the Parties to be broad and shall be interpreted so as to give the Releasees the broadest possible bar against any liability relating in any way to any Released Claims and extend to the full extent of the power of the Governmental Entity to release Claims. The Walgreens Settlement shall be a complete bar to any Released Claimfunded strategies listed item 4 above.
9. The Governmental Entity hereby takes on all rights and obligations of a Participating Subdivision as set forth in the Walgreens Settlementc. Operational expenditures.
10. In connection with the releases provided for in the Walgreens Settlement, the Governmental Entity expressly waives, releases, and forever discharges any and all provisions, rights, and benefits conferred by any law of any state or territory of the United States or other jurisdiction, or principle of common law, which is similar, comparable, or equivalent to § 1542 of the California Civil Code, which reads: As a Releasor, the Governmental Entity may hereafter discover facts other than or different from those which it knows, believes, or assumes to be true with respect to the Released Claims, but the Governmental Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges, upon the Effective Date of the Release, any and all Released Claims that may exist as of such date but which Releasors do not know or suspect to exist, whether through ignorance, oversight, error, negligence or through no fault whatsoever, and which, if known, would materially affect the Governmental Entity’s decision to participate in the Walgreens Settlementd. Capital expenditures.
11. Nothing herein is intended to modify in any way the terms of the Walgreens Settlement, to which the Governmental Entity hereby agrees. To the extent this Subdivision Settlement Participation Form is interpreted differently from the Walgreens Settlement in any respect, the Walgreens Settlement controls. I have all necessary power and authorization to execute this Subdivision Settlement Participation Form on behalf of the Governmental Entity. Signature: Name: Title: Date: (the “Execution Date of this Subdivision Settlement Participation Form”)
Appears in 3 contracts
Samples: Memorandum of Agreement, Memorandum of Agreement, Memorandum of Agreement
Research. Support opioid abatement research that may include, but is not limited to, the following:
1. Monitoring, surveillance, data collection and evaluation of programs and strategies described in this opioid abatement strategy list.
2. Research non-opioid treatment of chronic pain.
3. Research on improved service delivery for modalities such as SBIRT that demonstrate promising but mixed results in populations vulnerable to opioid use disorders.
4. Research on novel harm reduction and prevention efforts such as the provision of fentanyl test strips.
5. Research on innovative supply-side enforcement efforts such as improved detection of mail-based delivery of synthetic opioids.
6. Expanded research on swift/certain/fair models to reduce and deter opioid misuse within criminal justice populations that build upon promising approaches used to address other substances (e.g., Hawaii HOPE and Dakota 24/7).
7. Epidemiological surveillance of OUD-related behaviors in critical populations, including individuals entering the criminal justice system, including, but not limited to approaches modeled on the Arrestee Drug Abuse Monitoring (“XXXX”) system.
8. Qualitative and quantitative research regarding public health risks and harm reduction opportunities within illicit drug markets, including surveys of market participants who sell or distribute illicit opioids.
9. Geospatial analysis of access barriers to MAT and their association with treatment engagement and treatment outcomes. Governmental Entity: State: Authorized Official: Address 1: Address 2: City, State, Zip: Phone: Email: The governmental entity identified above (“Governmental Entity”), in order to obtain and in consideration for the benefits provided to the Governmental Entity pursuant to the Settlement Agreement and Release dated May 4January 15, 2022 (“Walgreens Settlement”),1 Endo Settlement”), and acting through the undersigned authorized official, hereby elects to participate in the Walgreens Endo Settlement, release all Released Claims against all Releasees, and agrees as follows.
1. The Governmental Entity is aware of and has reviewed the Walgreens Endo Settlement, understands that all terms in this Subdivision Settlement Participation Form have the meanings defined therein, and agrees that by signing this Subdivision Settlement Participation Form, the Governmental Entity elects to participate in the Walgreens Endo Settlement and become a Participating Subdivision as provided therein.
2. The Governmental Entity shall immediately cease any and all litigation activities as to the Releasees and Released Claims and, within the later of 7 days following the entry of the Consent Judgment or 7 days of the Execution Date of this Subdivision Settlement Participation Form, Form voluntarily dismiss with prejudice any Released Claims that it has filed.
3. The Governmental Entity agrees to the terms of the Walgreens Endo Settlement pertaining to Subdivisions as defined therein.
4. By agreeing to the terms of the Walgreens Endo Settlement and expressly agreeing to the Releases releases provided for therein, the Governmental Entity is entitled to the benefits provided therein, including, if applicable, monetary payments beginning after the Effective Date of the ReleaseAgreement.
5. The Governmental Entity agrees to use any monies it receives through the Walgreens Endo Settlement solely for the purposes provided therein.
6. The Governmental Entity submits to the jurisdiction of the Court for purposes limited to the Court’s role as provided in, and for resolving disputes to the extent provided in, the Walgreens Endo Settlement.
1 The defined terms in the Walgreens Settlement shall have the same meaning in this Subdivision Settlement Participation Form.
7. The Governmental Entity has the right to enforce those rights given to it them in the Walgreens Endo Settlement.
8. The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for all purposes in the Walgreens Endo Settlement, including, but not limited to, all provisions of Section D and E, and along with all departments, agencies, divisions, boards, commissions, districts, instrumentalities of any kind and attorneys, and any person in their official capacity elected or appointed to serve any of the foregoing and any agency, person, or other entity claiming by or through any of the foregoing, and any other entity identified in the definition of Releasor, provides for a release to the fullest extent of its authority. As a Releasor, the Governmental Entity hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or claim, or to cause, assist or permit to be brought, filed, or claimed, or to otherwise seek to establish liability for any Released Claims against any Releasee in any forum whatsoever. The releases provided for in the Walgreens Endo Settlement are intended by the Parties to be broad and shall be interpreted so as to give the Releasees the broadest possible bar against any liability relating in any way to any Released Claims and extend to the full extent of the power of the Governmental Entity to release Claims. The Walgreens Endo Settlement shall be a complete bar to any Released Claim.
9. The Governmental Entity hereby takes on all rights and obligations of a Participating Subdivision as set forth in the Walgreens Endo Settlement.
10. In connection with the releases provided for in the Walgreens Endo Settlement, the each Governmental Entity expressly waives, releases, and forever discharges any and all provisions, rights, and benefits conferred by any law of any state or territory of the United States or other jurisdiction, or principle of common law, which is similar, comparable, or equivalent to § 1542 of the California Civil Code, which reads: As a Releasor, the Governmental Entity A Releasor may hereafter discover facts other than or different from those which it knows, believes, or assumes to be true with respect to the Released Claims, but the each Governmental Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges, upon the Effective Date of the Release, any and all Released Claims that may exist as of such date but which Releasors do not know or suspect to exist, whether through ignorance, oversight, error, negligence or through no fault whatsoever, and which, if known, would materially affect the Governmental Entity’s Entities’ decision to participate in the Walgreens Endo Settlement.
11. Nothing herein is intended to modify in any way the terms of the Walgreens Endo Settlement, to which the Governmental Entity hereby agrees. To the extent this Subdivision Settlement Participation Form is interpreted differently from the Walgreens Endo Settlement in any respect, the Walgreens Endo Settlement controls. I have all necessary power and authorization to execute this Subdivision Settlement Participation Form on behalf of the Governmental Entity. Signature: Name: Title: Date: (the “Execution Date of this Subdivision Settlement Participation Form”)
Appears in 2 contracts
Samples: Settlement Agreement, Settlement Agreement
Research. Support opioid abatement research that may include, but is not limited to, the following:
1. Monitoring, surveillance, data collection and evaluation of programs and strategies described in this opioid abatement strategy list.
2. Research non-opioid treatment of chronic pain.
3. Research on improved service delivery for modalities such as SBIRT that demonstrate promising but mixed results in populations vulnerable to opioid use disorders.
4. Research on novel harm reduction and prevention efforts such as the provision of fentanyl test strips.
5. Research on innovative supply-side enforcement efforts such as improved detection of mail-based delivery of synthetic opioids.
6. Expanded research on swift/certain/fair models to reduce and deter opioid misuse within criminal justice populations that build upon promising approaches used to address other substances (e.g., Hawaii HOPE and Dakota 24/7).
7. Epidemiological surveillance of OUD-related behaviors in critical populations, including individuals entering the criminal justice system, including, but not limited to approaches modeled on the Arrestee Drug Abuse Monitoring (“XXXX”) system.
8. Qualitative and quantitative research regarding public health risks and harm reduction opportunities within illicit drug markets, including surveys of market participants who sell or distribute illicit opioids.
9. Geospatial analysis of access barriers to MAT and their association with treatment engagement and treatment outcomes. Governmental EntitySubdivisions Eligible to Receive Direct Allocations from the Subdivision Fund and Default Subdivision Fund Allocation Percentages The Subdivisions set forth on this Exhibit G are eligible to receive direct allocations from the Subdivision Fund, if such Subdivisions are otherwise eligible to receive such funds under this Agreement. By default, the Subdivisions set forth on this Exhibit G shall include: State: Authorized Official: Address (1: Address ) all Litigating Subdivisions that are General Purpose Governments; (2: City, State, Zip: Phone: Email: The governmental entity identified above ) all counties and parishes in States with functional counties or parishes; (“Governmental Entity”), 3) all Subdivisions that are the highest level of General Purpose Government in order States without functional counties or parishes; and (4) all other Subdivisions that are General Purpose Governments with a population of 10,000 or greater. A State may elect to obtain and in consideration for the benefits provided add any additional Subdivisions to this Exhibit G at any time prior to the Governmental Entity Initial Participation Date. Immediately upon the effectiveness of any State-Subdivision Agreement, Allocation Statute, Statutory Trust, or voluntary redistribution allowed by Section V.D.3 (or upon the effectiveness of an amendment to any State-Subdivision Agreement, Allocation Statute, Statutory Trust, or voluntary redistribution allowed by Section V.D.3) that addresses allocation from the Subdivision Fund, whether before or after the Initial Participation Date, this Exhibit G will automatically be amended to reflect the allocation from the Subdivision Fund pursuant to the State-Subdivision Agreement, Allocation Statute, Statutory Trust, or voluntary redistribution allowed by Section V.D.3. For the avoidance of doubt, inclusion on this Exhibit G shall not create any claim for any amount of the Settlement Agreement Fund, and Release dated May 4no such amounts shall be allocated or distributed to any Subdivision included herein if such Subdivision does not otherwise meet all requirements to receive any such funds pursuant to this Agreement. The Parties recognize the benefits of remediation funds reaching all communities, 2022 (“Walgreens Settlement”),1 and acting including through direct payments from the undersigned authorized officialSubdivision Fund. However, hereby elects to participate promote efficiency in the Walgreens Settlementuse of such funds and avoid administratively-burdensome disbursements that would be too small to add a meaningful abatement response, release all Released Claims against all Releaseescertain Subdivisions do not receive a direct allocation from the Subdivision Fund. However, such Subdivisions will benefit from Opioid Remediation in their community, and agrees as follows.
1are eligible to receive direct benefits from the Abatement Accounts Fund in their State. All settlement funds, whether allocated to a Settling State, an Abatement Accounts Fund or a Subdivision listed on this Exhibit G can be used for Opioid Remediation in communities not listed herein. As provided by Section V.D.4.c, the Allocation Percentages shown below apply to distribution of each Settling State’s Subdivision Fund in the absence of a State-Subdivision Agreement, Allocation Statute, or Statutory Trust. The Governmental Entity allocation that would have otherwise gone to General Purpose Government Subdivisions not listed below as receiving a direct allocation shall be
(1) directed to the county or parish in which such Subdivision is aware of and has reviewed located in Settling States with functional counties or parishes if the Walgreens Settlement, understands that all terms in this Subdivision Settlement Participation Form have the meanings defined therein, and agrees that by signing this Subdivision Settlement Participation Form, the Governmental Entity elects to participate in the Walgreens Settlement and become relevant county or parish is a Participating Subdivision as provided therein.or
(2. The Governmental Entity shall immediately cease any and all litigation activities as ) to the Releasees and Released Claims and, within highest-level General Purpose Government in which such Subdivision is located in Settling States without functional counties or parishes if the later of 7 days following the entry of the Consent Judgment or 7 days of the Execution Date of this Subdivision Settlement Participation Form, voluntarily dismiss with prejudice any Released Claims that it has filed.
3. The Governmental Entity agrees to the terms of the Walgreens Settlement pertaining to Subdivisions as defined therein.
4. By agreeing to the terms of the Walgreens Settlement and expressly agreeing to the Releases provided for therein, the Governmental Entity is entitled to the benefits provided therein, including, if applicable, monetary payments beginning after the Effective Date of the Release.
5. The Governmental Entity agrees to use any monies it receives through the Walgreens Settlement solely for the purposes provided therein.
6. The Governmental Entity submits to the jurisdiction of the Court for purposes limited to the Court’s role as provided in, and for resolving disputes to the extent provided in, the Walgreens Settlement.
1 The defined terms in the Walgreens Settlement shall have the same meaning in this Subdivision Settlement Participation Form.
7. The Governmental Entity has the right to enforce those rights given to it in the Walgreens Settlement.
8. The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for all purposes in the Walgreens Settlement, including, but not limited to, all provisions of Section D and E, and along with all departments, agencies, divisions, boards, commissions, districts, instrumentalities of any kind and attorneys, and any person in their official capacity elected or appointed to serve any of the foregoing and any agency, person, or other entity claiming by or through any of the foregoing, and any other entity identified in the definition of Releasor, provides for a release to the fullest extent of its authority. As a Releasor, the Governmental Entity hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or claim, or to cause, assist or permit to be brought, filed, or claimed, or to otherwise seek to establish liability for any Released Claims against any Releasee in any forum whatsoever. The releases provided for in the Walgreens Settlement are intended by the Parties to be broad and shall be interpreted so as to give the Releasees the broadest possible bar against any liability relating in any way to any Released Claims and extend to the full extent of the power of the Governmental Entity to release Claims. The Walgreens Settlement shall be a complete bar to any Released Claim.
9. The Governmental Entity hereby takes on all rights and obligations of a Participating Subdivision as set forth in the Walgreens Settlement.
10. In connection with the releases provided for in the Walgreens Settlement, the Governmental Entity expressly waives, releases, and forever discharges any and all provisions, rights, and benefits conferred by any law of any state or territory of the United States or other jurisdiction, or principle of common law, which is similar, comparable, or equivalent to § 1542 of the California Civil Code, which reads: As a Releasor, the Governmental Entity may hereafter discover facts other than or different from those which it knows, believes, or assumes to be true with respect to the Released Claims, but the Governmental Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges, upon the Effective Date of the Release, any and all Released Claims that may exist as of such date but which Releasors do not know or suspect to exist, whether through ignorance, oversight, error, negligence or through no fault whatsoever, and which, if known, would materially affect the Governmental Entity’s decision to participate in the Walgreens Settlement.
11. Nothing herein is intended to modify in any way the terms of the Walgreens Settlement, to which the Governmental Entity hereby agrees. To the extent this Subdivision Settlement Participation Form is interpreted differently from the Walgreens Settlement in any respect, the Walgreens Settlement controls. I have all necessary power and authorization to execute this Subdivision Settlement Participation Form on behalf of the Governmental Entity. Signature: Name: Title: Date: (the “Execution Date of this Subdivision Settlement Participation Form”)relevant highest-level General
Appears in 2 contracts
Research. Support opioid abatement research that may include, but is not limited to, the following:
1. Monitoring, surveillance, data collection and evaluation of programs and strategies described in this opioid abatement strategy list.
2. Research non-opioid treatment of chronic pain.
3. Research on improved service delivery for modalities such as SBIRT that demonstrate promising but mixed results in populations vulnerable to opioid use disorders.
4. Research on novel harm reduction and prevention efforts such as the provision of fentanyl test strips.
5. Research on innovative supply-side enforcement efforts such as improved detection of mail-based delivery of synthetic opioids.
6. Expanded research on swift/certain/fair models to reduce and deter opioid misuse within criminal justice populations that build upon promising approaches used to address other substances (e.g., Hawaii HOPE and Dakota 24/7).
7. Epidemiological surveillance of OUD-related behaviors in critical populations, including individuals entering the criminal justice system, including, but not limited to approaches modeled on the Arrestee Drug Abuse Monitoring (“XXXX”) system.
8. Qualitative and quantitative research regarding public health risks and harm reduction opportunities within illicit drug markets, including surveys of market participants who sell or distribute illicit opioids.
9. Geospatial analysis of access barriers to MAT and their association with treatment engagement and treatment outcomes. Governmental Entity: State: Authorized Official: Address 1: Address 2: City, State, Zip: Phone: Email: The governmental entity identified above (“Governmental Entity”), in order to obtain and in consideration for the benefits provided to the Governmental Entity pursuant to the Settlement Agreement and Release dated May 4, 2022 (“Walgreens CVS Settlement”),1 and acting through the undersigned authorized official, hereby elects to participate in the Walgreens CVS Settlement, release all Released Claims against all Releasees, and agrees as follows.
1. The Governmental Entity is aware of and has reviewed the Walgreens CVS Settlement, understands that all terms in this Subdivision Settlement Participation Form have the meanings defined therein, and agrees that by signing this Subdivision Settlement Participation Form, the Governmental Entity elects to participate in the Walgreens CVS Settlement and become a Participating Subdivision as provided therein.
2. The Governmental Entity shall immediately cease any and all litigation activities as to the Releasees and Released Claims and, within the later of 7 days following the entry of the Consent Judgment or 7 days of the Execution Date of this Subdivision Settlement Participation Form, voluntarily dismiss with prejudice any Released Claims that it has filed.
3. The Governmental Entity agrees to the terms of the Walgreens CVS Settlement pertaining to Subdivisions as defined therein.
4. By agreeing to the terms of the Walgreens CVS Settlement and expressly agreeing to the Releases provided for therein, the Governmental Entity is entitled to the benefits provided therein, including, if applicable, monetary payments beginning after the Effective Date of the Release.
5. The Governmental Entity agrees to use any monies it receives through the Walgreens CVS Settlement solely for the purposes provided therein.
6. The Governmental Entity submits to the jurisdiction of the Court for purposes limited to the Court’s role as provided in, and for resolving disputes to the extent provided in, the Walgreens CVS Settlement.
1 The defined terms in the Walgreens CVS Settlement shall have the same meaning in this Subdivision Settlement Participation Form.
7. The Governmental Entity has the right to enforce those rights given to it in the Walgreens CVS Settlement.
8. The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for all purposes in the Walgreens CVS Settlement, including, but not limited to, all provisions of Section D and E, and along with all departments, agencies, divisions, boards, commissions, districts, instrumentalities of any kind and attorneys, and any person in their official capacity elected or appointed to serve any of the foregoing and any agency, person, or other entity claiming by or through any of the foregoing, and any other entity identified in the definition of Releasor, provides for a release to the fullest extent of its authority. As a Releasor, the Governmental Entity hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or claim, or to cause, assist or permit to be brought, filed, or claimed, or to otherwise seek to establish liability for any Released Claims against any Releasee in any forum whatsoever. The releases provided for in the Walgreens CVS Settlement are intended by the Parties to be broad and shall be interpreted so as to give the Releasees the broadest possible bar against any liability relating in any way to any Released Claims and extend to the full extent of the power of the Governmental Entity to release Claims. The Walgreens CVS Settlement shall be a complete bar to any Released Claim.
9. The Governmental Entity hereby takes on all rights and obligations of a Participating Subdivision as set forth in the Walgreens CVS Settlement.
10. In connection with the releases provided for in the Walgreens CVS Settlement, the Governmental Entity expressly waives, releases, and forever discharges any and all provisions, rights, and benefits conferred by any law of any state or territory of the United States or other jurisdiction, or principle of common law, which is similar, comparable, or equivalent to § 1542 of the California Civil Code, which reads: As a Releasor, the Governmental Entity may hereafter discover facts other than or different from those which it knows, believes, or assumes to be true with respect to the Released Claims, but the Governmental Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges, upon the Effective Date of the Release, any and all Released Claims that may exist as of such date but which Releasors do not know or suspect to exist, whether through ignorance, oversight, error, negligence or through no fault whatsoever, and which, if known, would materially affect the Governmental Entity’s decision to participate in the Walgreens CVS Settlement.
11. Nothing herein is intended to modify in any way the terms of the Walgreens CVS Settlement, to which the Governmental Entity hereby agrees. To the extent this Subdivision Settlement Participation Form is interpreted differently from the Walgreens CVS Settlement in any respect, the Walgreens CVS Settlement controls. I have all necessary power and authorization to execute this Subdivision Settlement Participation Form on behalf of the Governmental Entity. Signature: Name: Title: Date: (the “Execution Date of this Subdivision Settlement Participation Form”)
Appears in 2 contracts
Samples: Settlement Agreement, Settlement Agreement
Research. Support opioid abatement research that may include, but is not limited to, the following:
1. Monitoring, surveillance, data collection collection, and evaluation of programs and strategies described in this opioid abatement strategy list.
2. Research non-opioid treatment of chronic pain.
3. Research on improved service delivery for modalities such as SBIRT that demonstrate promising but mixed results in populations vulnerable to opioid use disorders.
4. Research on novel harm reduction and prevention efforts such as the provision of fentanyl test strips.
5. Research on innovative supply-side enforcement efforts such as improved detection of mail-mail- based delivery of synthetic opioids.
6. Expanded research on swift/certain/fair models to reduce and deter opioid misuse within criminal justice populations that build upon promising approaches used to address other substances (e.g., e.g. Hawaii HOPE and Dakota 24/7).
7. Epidemiological surveillance of OUD-related behaviors in critical populations, populations including individuals entering the criminal justice system, including, including but not limited to approaches modeled on the Arrestee Drug Abuse Monitoring (“XXXX”) system.
8. Qualitative and quantitative research regarding public health risks and harm reduction opportunities within illicit drug markets, including surveys of market participants who sell or distribute illicit opioids.
9. Geospatial analysis of access barriers to MAT and their association with treatment engagement and treatment outcomes. Governmental Entity: State: Authorized Official: Address 1: Address 2: CityCOLLABORATIVE STRATEGIC PLANNING PROCESS UNDER OPTION B ACTIVITY NAME ACTIVITY DETAIL CONTENT OF REPORT & RECOMMENDATIONS A Engage diverse stakeholders Engage diverse stakeholders, Stateper "ITEM A DETAIL" below, Zip: Phone: Email: The governmental throughout the collaborative strategic planning process Report on stakeholder engagement per "ITEM A DETAIL" below B Designate facilitator Designate a person or entity identified above (“Governmental Entity”)to facilitate the strategic collaborative planning process. Consider a trained, neutral facilitator. Identify the facilitator C Build upon any related planning Build upon or coordinate with prior or concurrent planning efforts that address addiction, drug misuse, overdose, or related issues, including but not limited to community health assessments. Report any related planning efforts you will build upon or coordinate with X Xxxxx on shared vision Agree on a shared vision for positive community change, considering how strategic investments of Opioid Settlement Funds have the potential to improve community health and well-being and address root causes of addiction, drug misuse, overdose, and related issues Report on shared vision for positive community change E Identify key indicator(s) Identify one or more population-level measures to monitor in order to obtain gauge progress towards the shared vision. (The NC Opioid Action Plan Data Dashboard contains several such measures.) Report on the key indicators selected F Identify and explore root causes Explore root causes of addiction, drug misuse, overdose, and related issues in consideration the community, using quantitative data as well as stakeholder narratives, community voices, the stories of those with lived experience, or similar qualitative information Report on root causes as described G Identify and evaluate potential strategies Identify potential strategies to address root causes or other aspects of the opioid epidemic; identify these strategies (by letter or number) on EXHIBIT A or EXHIBIT B, and consider the effectiveness of each strategy based on available evidence Identify and evaluate potential strategies H Identify gaps in existing efforts For each potential strategy identified (or for favored strategies), survey existing programs, services, or supports that address the benefits provided same or similar issues; and identify gaps or shortcomings Report on survey of and gaps in existing efforts I Prioritize strategies Prioritize strategies, taking into account your shared vision, analysis of root causes, evaluation of each strategy, and analysis of gaps in existing efforts Report on prioritization of strategies J Identify goals, measures, and evaluation plan For each strategy (or favored strategy), develop goals and an evaluation plan that includes at least one process measure (How much did you do?), at least one quality measure (How well did you do it?), and at least one outcome measure (Is anyone better off?) Report on goals, measures, and evaluation plan for each chosen strategy K Consider ways to align strategies For each potential strategy identified (or for favored strategies), consider opportunities to braid Opioid Settlement Funds with other funding streams; develop regional solutions; form strategic partnerships; or to pursue other creative solutions Report on opportunities to align strategies as described L Identify organizations Identify organizations and agencies with responsibility to implement each strategy; and identify the human, material, and capital resources to implement each strategy Identify organizations and needs to implement each strategy M Develop budgets and timelines Develop a detailed global budget for each strategy with anticipated expenditures, along with timelines for completing components of each strategy Report budgets and timelines for each strategy N Offer recommen- dations Offer recommendations to local governing body (e.g., the county board, city council, or other local governing body) Report recommendations to governing body ITEM A DETAIL: STAKEHOLDER INVOLVEMENT STAKE- HOLDERS DESCRIPTION CONTENT OF REPORT & RECOMMENDATIONS
A- 1 Local officials County and municipal officials, such as those with responsibility over public health, social services, and emergency services Report stakeholder involvement (who and how involved in process) A- 2 Healthcare providers Hospitals and health systems, addiction professionals and other providers of behavioral health services, medical professionals, pharmacists, community health centers, medical safety net providers, and other healthcare providers same as above A- 3 Social service providers Providers of human services, social services, housing services, and community health services such as harm reduction, peer support, and recovery support services same A- 4 Education and employment service providers Educators, such as representatives of K-12 schools, community colleges, and universities; and those providing vocational education, job skills training, or related employment services same A- 6 Law enforcement Law enforcement and corrections officials same A- 7 Employers Employers and business leaders same A- 8 Community groups Community groups, such as faith communities, community coalitions that address drug misuse, groups supporting people in recovery, youth leadership organizations, and grassroots community organizations same A- 9 Stakeholders with "lived experience" Stakeholders with "lived experience," such as people with addiction, people who use drugs, people in medication-assisted or other treatment, people in recovery, people with criminal justice involvement, and family members or loved ones of the individuals just listed same A- 10 Stakeholders reflecting diversity of community Stakeholders who represent the racial, ethnic, economic, and cultural diversity of the community, such as people of color, Native Americans, members of the LGBTQ community, and members of traditionally unrepresented or underrepresented groups same The Coordination Group shall consist of the following twelve members: Five Local Government Representatives • Four appointed by the North Carolina Association of County Commissioners including: • One county commissioner • One county manager • One county attorney • One county local health director or consolidated human services director • One municipal manager appointed by the North Carolina League of Municipalities Four Experts Appointed by the Department of Health and Human Services • Four appointed by the Secretary of the Department of Health and Human Services, having relevant experience or expertise with programs or policies to address the opioid epidemic, or with behavioral health, public health, health care, harm reduction, social services, or emergency services. One Expert Appointed by the Attorney General • One appointed by the Attorney General of North Carolina from the North Carolina Department of Justice or another state agency, having drug policy or behavioral health experience or expertise. Two Experts Appointed by Legislative Leaders • One representative from the University of North Carolina School of Government with relevant expertise appointed by the Speaker of the North Carolina House of Representatives. • One representative from the board or staff of the North Carolina Institute of Medicine with relevant expertise appointed by the President Pro Tem of the North Carolina Senate. The coordination group may appoint a non-voting administrator to convene meetings and facilitate the work of the coordination group. The administrator will not be paid from the Opioid Settlement Funds distributed under this MOA. Appointees shall have relevant experience or expertise with programs or policies to address the opioid epidemic, behavioral health, public health, health care, social services, emergency services, harm reduction, management of local government, or other relevant areas. Those responsible for making appointments to the Governmental Entity pursuant coordination group are encouraged to appoint individuals who reflect the diversity of North Carolina, taking into consideration the need for geographic diversity; urban and rural perspectives; representation of people of color and traditionally underrepresented groups; and the experience and perspective of persons with “lived experience.” Those responsible for making appointments may appoint a successor or replace a member at any time. Members of the coordination group serve until they resign or are replaced by the appointer. Eight members of the coordination group constitutes a quorum.
a. As provided in Section F.2 of the MOA, where no compliance audit would be required under the Federal Single Audit Act of 1984 for expenditures of Opioid Settlement Funds, a compliance audit shall be required under a compliance supplement established by a vote of at least 8 members of the coordination group. The compliance supplement shall address, at least, procedures for determining:
i. Whether the Local Government followed the procedural requirements of the MOA in ordering the expenditures.
ii. Whether the Local Government’s expenditures matched one of the types of opioid-related expenditures listed in Exhibit A of the MOA (if the Local Government selected Option A) or Exhibit B of the MOA (if the Local Government selected Option B).
iii. Whether the Local Government followed the reporting requirements in the MOA.
iv. Whether the Local Government (or sub-recipient of any grant or loan, if applicable) utilized the awarded funds for their stated purpose, consistent with this MOA and other relevant standards.
v. Which processes (such as sampling) shall be used:
i. To keep the costs of the audit at reasonable levels; and
ii. Tailor audit requirements for differing levels of expenditures among different counties.
b. The coordination group may, by a vote of at least 8 members, propose amendments to the Settlement Agreement MOA as discussed in Section H of the MOA or modify any of the following:
i. The high-impact strategies discussed in Section E.5 of the MOA and Release dated May 4described in
ii. The collaborative strategic planning process discussed in Section E.5 of the MOA and described in Exhibit C to the MOA;
iii. The annual financial report discussed in Section F.4 of the MOA and described in
iv. The impact information discussed in Section F.4 of the MOA and described in
v. Other information reported to the statewide opioid dashboard.
c. The coordination group may, 2022 (“Walgreens Settlement”),1 by consensus or by vote of a majority of members present and acting through voting, work with the undersigned authorized officialparties to this MOA, hereby elects to participate in the Walgreens SettlementNorth Carolina Association of County Commissioners, release all Released Claims against all Releaseesthe North Carolina League of Municipalities, other associations, foundations, non-profits, and agrees as follows.
1. The Governmental Entity is aware of other government or nongovernment entities to provide support to Local Governments in their efforts to effectuate the goals and has reviewed the Walgreens Settlement, understands that all terms in this Subdivision Settlement Participation Form have the meanings defined therein, and agrees that by signing this Subdivision Settlement Participation Form, the Governmental Entity elects to participate in the Walgreens Settlement and become a Participating Subdivision as provided therein.
2. The Governmental Entity shall immediately cease any and all litigation activities as to the Releasees and Released Claims and, within the later of 7 days following the entry of the Consent Judgment or 7 days of the Execution Date of this Subdivision Settlement Participation Form, voluntarily dismiss with prejudice any Released Claims that it has filed.
3. The Governmental Entity agrees to implement the terms of this MOA. Among other activities, the Walgreens Settlement pertaining coordination group may coordinate, facilitate, support, or participate in any of the following activities:
i. Providing assistance to Subdivisions as defined therein.Local Governments in identifying, locating, collecting, analyzing, or reporting data used to help address the opioid epidemic or related challenges, including data referred to in Exhibit F;
4ii. By agreeing Developing resources or providing training or technical assistance to support Local Governments in addressing the opioid epidemic and carrying out the terms of the Walgreens Settlement and expressly agreeing to the Releases provided for thereinthis MOA;
iii. Developing pilot programs, the Governmental Entity is entitled to the benefits provided therein, including, if applicable, monetary payments beginning after the Effective Date of the Release.
5. The Governmental Entity agrees to use any monies it receives through the Walgreens Settlement solely for the purposes provided therein.
6. The Governmental Entity submits to the jurisdiction of the Court for purposes limited to the Court’s role as provided in, and for resolving disputes to the extent provided in, the Walgreens Settlement.
1 The defined terms in the Walgreens Settlement shall have the same meaning in this Subdivision Settlement Participation Form.
7. The Governmental Entity has the right to enforce those rights given to it in the Walgreens Settlement.
8. The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for all purposes in the Walgreens Settlement, including, but not limited to, all provisions of Section D and E, and along with all departments, agencies, divisions, boards, commissions, districts, instrumentalities of any kind and attorneys, and any person in their official capacity elected or appointed to serve any of the foregoing and any agency, persontrained facilitators, or other entity claiming by resources to support the collaborative strategic planning process described in this MOA;
iv. Developing and implementing a voluntary learning collaborative among Local Governments and others to share best practices in carrying out the terms of this MOA and addressing the opioid epidemic, including in-person or through any of virtual convenings or connections;
v. Developing voluntary leadership training programs for local officials on strategies to address the foregoingopioid epidemic, opportunities for Local Governments to harness the ongoing transition to value-based healthcare, and any other entity identified relevant topics;
vi. Taking other actions that support Local Governments in their efforts to effectuate the definition goals and implement the terms of Releasor, provides for a release to the fullest extent of its authority. As a Releasor, the Governmental Entity hereby absolutely, unconditionally, and irrevocably covenants this MOA but do not to bring, file, or claim, or to cause, assist or permit to be brought, filed, or claimed, or to otherwise seek to establish liability for any Released Claims against any Releasee in any forum whatsoever. The releases provided for in the Walgreens Settlement are intended by the Parties to be broad and shall be interpreted so as to give the Releasees the broadest possible bar against any liability relating in any way to any Released Claims and extend to the full extent of the power of the Governmental Entity to release Claims. The Walgreens Settlement shall be a complete bar to any Released Claim.
9. The Governmental Entity hereby takes on all rights and obligations of a Participating Subdivision as set forth in the Walgreens Settlement.
10. In connection with the releases provided for in the Walgreens Settlement, the Governmental Entity expressly waives, releases, and forever discharges any and all provisions, rights, and benefits conferred by any law of any state or territory of the United States or other jurisdiction, or principle of common law, which is similar, comparable, or equivalent to § 1542 of the California Civil Code, which reads: As a Releasor, the Governmental Entity may hereafter discover facts other than or different from those which it knows, believes, or assumes to be true with respect to the Released Claims, but the Governmental Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges, upon the Effective Date of the Release, any and all Released Claims that may exist as of such date but which Releasors do not know or suspect to exist, whether through ignorance, oversight, error, negligence or through no fault whatsoever, and which, if known, would materially affect the Governmental Entity’s decision to participate in the Walgreens Settlement.
11. Nothing herein is intended to modify in any way change the terms of this MOA or the Walgreens Settlement, rights or obligations of parties to which the Governmental Entity hereby agrees. To the extent this Subdivision Settlement Participation Form is interpreted differently from the Walgreens Settlement in any respect, the Walgreens Settlement controls. I have all necessary power and authorization to execute this Subdivision Settlement Participation Form on behalf of the Governmental Entity. Signature: Name: Title: Date: (the “Execution Date of this Subdivision Settlement Participation Form”)MOA.
Appears in 1 contract
Samples: Memorandum of Agreement
