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1 <br />AGREEMENT ON USE OF OPIOID SETTLEMENT FUNDS <br /> THIS AGREEMENT (“Agreement”) is made and entered into as of September 1, 2023, <br />by and between the City of Fargo (“Fargo”), City of West Fargo (“West Fargo”), County of Cass, <br />North Dakota (“Cass County”), and Fargo Cass Public Health (“FCPH”). <br /> <br />RECITALS <br /> <br />WHEREAS, Fargo, West Fargo, and Cass County are political subdivisions of the State of <br />North Dakota (collectively the “Political Subdivisions”); <br /> <br />WHEREAS, the Political Subdivisions are plaintiffs in multiple lawsuits against <br />manufacturers, distributors, sellers, and others relating to the role of the defendants in contributing <br />to the opioid crisis in Fargo, West Fargo, and Cass County (the “Opioid Litigation”); <br /> <br />WHEREAS, the Political Subdivisions have settled some of their claims in the Opioid <br />Litigation and continue to litigate and discuss settlement on the remainder of their claims in the <br />Opioid Litigation. As a result, the Political Subdivisions have received moneys as part of settling <br />various claims in the Opioid Litigation and continue to expect to receive monies in the future from <br />these settlements and future settlements and/or judgments; <br /> <br />WHEREAS, North Dakota has enacted North Dakota Century Code ch. 50-36 which <br />relates to opioid settlements. Pursuant to N.D.C.C. § 50-36-06(1), a political subdivision that <br />recovers moneys as a result of opioid litigation may deposit the moneys in the State of North <br />Dakota’s opioid abatement fund or may retain the moneys and transfer the moneys to the public <br />health unit that provides services to the political subdivision; <br /> <br />WHEREAS, FCPH is the public health unit which provides services to the Political <br />Subdivisions. The Political Subdivisions desire and intend to retain their moneys from the Opioid <br />Litigation and transfer the moneys to FCPH as allowed by N.D.C.C § 50-36-06. <br /> <br />WHEREAS, pursuant to N.D.C.C. § 50-36-06(2), a political subdivision that recovers and <br />retains moneys as a result of opioid litigation shall collaborate with a public health unit on the use <br />of moneys for local programs for remediating and abating the opioid crisis. The use of moneys <br />must be in compliance with any court-ordered restrictions (i.e., must be spent on opioid <br />abatement). <br /> <br />WHEREAS, the Political Subdivisions desire and intend to collaborate with FCPH on the <br />use of the moneys for local programs for remediating and abating the opioid crisis.