17.B.
DRAFT – SUBJECT TO CHANGE FOR QUALITY CONTROL PURPOSES
3319. Coos (OR), County of, Oregon
3320. Curry (OR), County of, Oregon
3321. Jackson (OR), County of, Oregon
3322. Josephine (OR), County of, Oregon
3323. Lane (OR), County of, Oregon
3324. Multnomah (OR), County of, Oregon
3325. Portland (OR), City of, Oregon
3326. Washington (OR), County of, Oregon
3327. Yamhill (OR), County of, Oregon
3328. Adams (PA), County of, Pennsylvania
3329. Aliquippa (PA), City of, Pennsylvania
3330. Allegheny (PA), County of,
Pennsylvania
3331. Armstrong (PA), County of,
Pennsylvania
3332. Beaver (PA), County of, Pennsylvania
3333. Bedford (PA), County of, Pennsylvania
3334. Bensalem (PA), Township of,
Pennsylvania
3335. Berks (PA), County of (DA),
Pennsylvania
3336. Bradford (PA), County of, Pennsylvania
3337. Bristol (PA), Township of, Pennsylvania
3338. Bucks (PA), County of, Pennsylvania
3339. Cambria (PA), County of, Pennsylvania
3340. Carbon (PA), County of, Pennsylvania
3341. Chester (PA), County of, Pennsylvania
3342. Clarion (PA), County of, Pennsylvania
3343. Clearfield (PA), County of, Pennsylvania
3344. Clinton (PA), County of, Pennsylvania
3345. Coatesville (PA), City of, Pennsylvania
3346. Columbia (PA), County of, Pennsylvania
3347. Cumberland (PA), County of,
Pennsylvania
3348. Dauphin (PA), County of, Pennsylvania
3349. Delaware (PA), County of, Pennsylvania
3350. Edwardsville (PA), Borough of,
Pennsylvania
3351. Erie (PA), County of, Pennsylvania
3352. Exeter (PA), Borough of, Pennsylvania
3353. Fairview (PA), Township of,
Pennsylvania
3354. Fayette (PA), County of, Pennsylvania
3355. Forty Fort (PA), Borough of,
Pennsylvania
3356. Franklin (PA), County of, Pennsylvania
3357. Greene (PA), County of, Pennsylvania
3358. Hanover (PA), Township of,
Pennsylvania
3359. Hazleton (PA), City of, Pennsylvania
3360. Huntingdon (PA), County of,
Pennsylvania
3361. Indiana (PA), County of, Pennsylvania
3362. Kingston (PA), Borough of,
Pennsylvania
3363. Lackawanna (PA), County of,
Pennsylvania
3364. Lawrence (PA), County of, Pennsylvania
3365. Lehigh (PA), County of (DA),
Pennsylvania
3366. Lock Haven (PA), City of, Pennsylvania
3367. Lower Makefield (PA), Township of,
Pennsylvania
3368. Lower Southampton (PA), Township of,
Pennsylvania
3369. Luzerne (PA), County of, Pennsylvania
3370. Lycoming (PA), County of,
Pennsylvania
3371. Mahoning (PA), Township of,
Pennsylvania
3372. Mercer (PA), County of, Pennsylvania
3373. Middletown (PA), Township of,
Pennsylvania
3374. Monroe (PA), County of, Pennsylvania
3375. Morrisville (PA), Borough of,
Pennsylvania
3376. Nanticoke (PA), City of, Pennsylvania
3377. New Castle (PA), City of, Pennsylvania
3378. Newtown (PA), Township of,
Pennsylvania
3379. Norristown (PA), Municipality of,
Pennsylvania
3380. Northampton (PA), County of,
Pennsylvania
3381. Northumberland (PA), County of,
Pennsylvania
3382. Philadelphia (PA), City of, Pennsylvania
3383. Pike (PA), County of, Pennsylvania
3384. Pittsburgh (PA), City of, Pennsylvania
3385. Plains (PA), Township of, Pennsylvania
3386. Schuylkill (PA), County of,
Pennsylvania
3387. Sugar Notch (PA), Borough of,
Pennsylvania
3388. Tioga (PA), County of, Pennsylvania
17.B.
DRAFT – SUBJECT TO CHANGE FOR QUALITY CONTROL PURPOSES
3389. Union (PA), Township of, Pennsylvania
3390. Wampum (PA), Borough of,
Pennsylvania
3391. Warminster (PA), Township of,
Pennsylvania
3392. Warrington (PA), Township of,
Pennsylvania
3393. Washington (PA), County of,
Pennsylvania
3394. West Norriton (PA), Township of,
Pennsylvania
3395. West Pittston (PA), Borough of,
Pennsylvania
3396. Westmoreland (PA), County of,
Pennsylvania
3397. Wilkes-Barre (PA), Township of,
Pennsylvania
3398. Wilkes-Barre (PA), City of,
Pennsylvania
3399. Wright (PA), Township of, Pennsylvania
3400. Wyoming (PA), Borough of,
Pennsylvania
3401. Wyoming (PA), County of, Pennsylvania
3402. York (PA), County of, Pennsylvania
3403. Adjuntas (PR), Municipality of, Puerto
Rico
3404. Arroyo (PR), Municipality of, Puerto
Rico
3405. Barceloneta (PR), Municipality of,
Puerto Rico
3406. Bayamon (PR), Municipality of, Puerto
Rico
3407. Caguas (PR), Municipality of, Puerto
Rico
3408. Canóvanas (PR), Municipality of, Puerto
Rico
3409. Catano (PR), Municipality of, Puerto
Rico
3410. Cayey (PR), Municipality of, Puerto
Rico
3411. Ceiba (PR), Municipality of, Puerto Rico
3412. Cidra (PR), Municipality of, Puerto Rico
3413. Coamo (PR), Municipality of, Puerto
Rico
3414. Guayanilla (PR), Municipality of, Puerto
Rico
3415. Isla De Vieques (PR), Municipality of,
Puerto Rico
3416. Juncos (PR), Municipality of, Puerto
Rico
3417. Loiza (PR), Municipality of, Puerto Rico
3418. Rio Grande (PR), Municipality of, Puerto
Rico
3419. Sabana Grande (PR), Municipality of,
Puerto Rico
3420. San Juan (PR), Municipality of, Puerto
Rico
3421. Vega Alta (PR), Municipality of, Puerto
Rico
3422. Villalba (PR), Municipality of, Puerto
Rico
3423. Yabucoa (PR), Municipality of, Puerto
Rico
3424. Barrington (RI), Town of, Rhode Island
3425. Bristol (RI), Town of, Rhode Island
3426. Burrillville (RI), Town of, Rhode Island
3427. Central Falls (RI), City of, Rhode Island
3428. Charlestown (RI), Town of, Rhode
Island
3429. Coventry (RI), Town of, Rhode Island
3430. Cranston (RI), City of, Rhode Island
3431. Cumberland (RI), Town of, Rhode Island
3432. East Greenwich (RI), Town of, Rhode
Island
3433. East Providence (RI), City of, Rhode
Island
3434. Foster (RI), Town of, Rhode Island
3435. Glocester (RI), Town of, Rhode Island
3436. Hopkinton (RI), Town of, Rhode Island
3437. Jamestown (RI), Town of, Rhode Island
3438. Johnston (RI), Town of, Rhode Island
3439. Middletown (RI), Town of, Rhode Island
3440. Narragansett (RI), Town of, Rhode
Island
3441. Newport (RI), City of, Rhode Island
3442. North Kingstown (RI), Town of, Rhode
Island
3443. North Providence (RI), Town of, Rhode
Island
3444. Pawtucket (RI), City of, Rhode Island
3445. Portsmouth (RI), Town of, Rhode Island
3446. Providence (RI), City of, Rhode Island
3447. Richmond (RI), Town of, Rhode Island
3448. Scituate (RI), Town of, Rhode Island
3449. Smithfield (RI), Town of, Rhode Island
17.B.
DRAFT – SUBJECT TO CHANGE FOR QUALITY CONTROL PURPOSES
3450. South Kingstown (RI), Town of, Rhode
Island
3451. Warren (RI), Town of, Rhode Island
3452. Warwick (RI), City of, Rhode Island
3453. West Greenwich (RI), Town of, Rhode
Island
3454. West Warwick (RI), Town of, Rhode
Island
3455. Westerly (RI), Town of, Rhode Island
3456. Woonsocket (RI), City of, Rhode Island
3457. Abbeville (SC), County of, South
Carolina
3458. Aiken (SC), County of, South Carolina
3459. Allendale (SC), County of, South
Carolina
3460. Anderson (SC), County of, South
Carolina
3461. Bamberg (SC), County of, South
Carolina
3462. Barnwell (SC), County of, South
Carolina
3463. Beaufort (SC), County of, South
Carolina
3464. Berkeley (SC), County of, South
Carolina
3465. Calhoun (SC), County of, South Carolina
3466. Charleston (SC), City of, South Carolina
3467. Charleston (SC), County of, South
Carolina
3468. Cherokee (SC), County of, South
Carolina
3469. Chester (SC), City of, South Carolina
3470. Chester (SC), County of, South Carolina
3471. Chesterfield (SC), County of, South
Carolina
3472. Clarendon (SC), County of, South
Carolina
3473. Colleton (SC), County of, South Carolina
3474. Columbia (SC), City of, South Carolina
3475. Dillon (SC), County of, South Carolina
3476. Dorchester (SC), County of, South
Carolina
3477. Edgefield (SC), County of, South
Carolina
3478. Fairfield (SC), County of, South Carolina
3479. Florence (SC), County of, South
Carolina
3480. Georgetown (SC), County of, South
Carolina
3481. Georgetown City (SC), City of, South
Carolina
3482. Greenville (SC), County of, South
Carolina
3483. Greenwood (SC), County of, South
Carolina
3484. Hampton (SC), County of, South
Carolina
3485. Horry (SC), County of, South Carolina
3486. Jasper (SC), County of, South Carolina
3487. Kershaw (SC), County of, South
Carolina
3488. Kershaw County Hospital Board (SC),
South Carolina
3489. Lancaster (SC), County of, South
Carolina
3490. Laurens (SC), County of, South Carolina
3491. Lee (SC), County of, South Carolina
3492. Lexington (SC), County of, South
Carolina
3493. Marion (SC), County of, South Carolina
3494. Marlboro (SC), County of, South
Carolina
3495. McCormick (SC), County of, South
Carolina
3496. Mount Pleasant (SC), Town of, South
Carolina
3497. Myrtle Beach (SC), City of, South
Carolina
3498. Newberry (SC), County of, South
Carolina
3499. North Charleston (SC), City of, South
Carolina
3500. Oconee (SC), County of, South Carolina
3501. Orangeburg (SC), City of, South
Carolina
3502. Orangeburg (SC), County of, South
Carolina
3503. Pickens (SC), County of, South Carolina
3504. Richland (SC), County of, South
Carolina
3505. Saluda (SC), County of, South Carolina
3506. Spartanburg (SC), County of, South
Carolina
3507. Summerville (SC), Town of, South
Carolina
17.B.
DRAFT – SUBJECT TO CHANGE FOR QUALITY CONTROL PURPOSES
3508. Sumter (SC), County of, South Carolina
3509. Union (SC), County of, South Carolina
3510. Williamsburg (SC), County of, South
Carolina
3511. York (SC), County of, South Carolina
3512. Pennington (SD), County of, South
Dakota
3513. Arlington (TN), Town of, Tennessee
3514. Blount (TN), County of, Tennessee
3515. Campbell (TN), County of, Tennessee
3516. Cannon (TN), County of, Tennessee
3517. Centerville (TN), Town of, Tennessee
3518. Claiborne (TN), County of, Tennessee
3519. Clarksville (TN), City of, Tennessee
3520. Crockett (TN), County of, Tennessee
3521. Dandridge (TN), Town of, Tennessee
3522. Decatur (TN), County of, Tennessee
3523. Decatur (TN), Town of, Tennessee
3524. Fentress (TN), County of, Tennessee
3525. Gatlinburg (TN), City of, Tennessee
3526. Germantown (TN), City of, Tennessee
3527. Greene (TN), County of, Tennessee
3528. Hamilton (TN), County of, Tennessee
3529. Hancock (TN), County of, Tennessee
3530. Hawkins (TN), County of, Tennessee
3531. Haywood (TN), County of, Tennessee
3532. Henderson (TN), County of, Tennessee
3533. Jefferson (TN), County of, Tennessee
3534. Johnson (TN), County of, Tennessee
3535. Lauderdale (TN), County of, Tennessee
3536. Lexington (TN), City of, Tennessee
3537. Madison (TN), County of, Tennessee
3538. Maryville (TN), City of, Tennessee
3539. Memphis (TN), City of, Tennessee
3540. Millington (TN), City of, Tennessee
3541. Montgomery (TN), County of,
Tennessee
3542. Morgan (TN), County of, Tennessee
3543. Nashville & Davidson (TN), City
of/County of, Tennessee
3544. Obion (TN), County of, Tennessee
3545. Overton (TN), County of, Tennessee
3546. Pickett (TN), County of, Tennessee
3547. Pigeon Forge (TN), City of, Tennessee
3548. Ripley (TN), City of, Tennessee
3549. Rutherford (TN), County of, Tennessee
3550. Scott (TN), County of, Tennessee
3551. Shelby (TN), County of, Tennessee
3552. Smith (TN), County of, Tennessee
3553. Sumner (TN), County of, Tennessee
3554. Washington (TN), County of, Tennessee
3555. Williamson (TN), County of, Tennessee
3556. Angelina (TX), County of, Texas
3557. Bailey (TX), County of, Texas
3558. Bastrop (TX), County of, Texas
3559. Bee (TX), County of, Texas
3560. Bexar (TX), County of, Texas
3561. Bexar County Hospital District (TX),
Texas
3562. Blanco (TX), County of, Texas
3563. Bowie (TX), County of, Texas
3564. Brazos (TX), County of, Texas
3565. Brooks (TX), County of, Texas
3566. Burleson (TX), County of, Texas
3567. Burnet (TX), County of, Texas
3568. Caldwell (TX), County of, Texas
3569. Calhoun (TX), County of, Texas
3570. Cameron (TX), County of, Texas
3571. Camp (TX), County of, Texas
3572. Cass (TX), County of, Texas
3573. Castro (TX), County of, Texas
3574. Cherokee (TX), County of, Texas
3575. Childress (TX), County of, Texas
3576. Clay (TX), County of, Texas
3577. Colorado (TX), County of, Texas
3578. Cooke (TX), County of, Texas
3579. Coryell (TX), County of, Texas
3580. Dallas (TX), County of, Texas
3581. Dallas County Hospital District (TX),
Texas
3582. Delta (TX), County of, Texas
3583. Dimmit (TX), County of, Texas
3584. Duval (TX), County of, Texas
3585. Eagle Pass (TX), City of, Texas
3586. Ector (TX), County of, Texas
3587. El Paso (TX), County of, Texas
3588. Ellis (TX), County of, Texas
3589. Falls (TX), County of, Texas
3590. Fannin (TX), County of, Texas
3591. Fort Bend (TX), County of, Texas
3592. Franklin (TX), County of, Texas
3593. Freestone (TX), County of, Texas
3594. Galveston (TX), County of, Texas
3595. Grayson (TX), County of, Texas
17.B.
DRAFT – SUBJECT TO CHANGE FOR QUALITY CONTROL PURPOSES
3596. Guadalupe (TX), County of, Texas
3597. Guadulupe Valley Hospital (TX), Texas
3598. Hardin (TX), County of, Texas
3599. Harris (TX), County of, Texas
3600. Harris County Hospital District (TX),
Texas
3601. Harrison (TX), County of, Texas
3602. Haskell (TX), County of, Texas
3603. Hays (TX), County of, Texas
3604. Henderson (TX), County of, Texas
3605. Hidalgo (TX), County of, Texas
3606. Hopkins (TX), County of, Texas
3607. Houston (TX), City of, Texas
3608. Houston (TX), County of, Texas
3609. Irving Independent School District (TX),
Texas
3610. Jasper (TX), County of, Texas
3611. Jefferson (TX), County of, Texas
3612. Jim Hogg (TX), County of, Texas
3613. Jim Wells (TX), County of, Texas
3614. Johnson (TX), County of, Texas
3615. Jones (TX), County of, Texas
3616. Kaufman (TX), County of, Texas
3617. Kendall (TX), County of, Texas
3618. Kerr (TX), County of, Texas
3619. Kinney (TX), County of, Texas
3620. Kleberg (TX), County of, Texas
3621. Lamar (TX), County of, Texas
3622. Laredo (TX), City of, Texas
3623. LaSalle (TX), County of, Texas
3624. Leon (TX), County of, Texas
3625. Leon Valley (TX), City of, Texas
3626. Liberty (TX), County of, Texas
3627. Limestone (TX), County of, Texas
3628. Lubbock (TX), County of, Texas
3629. Madison (TX), County of, Texas
3630. Marion (TX), County of, Texas
3631. Maverick (TX), County of, Texas
3632. McLennan (TX), County of, Texas
3633. McMullen (TX), County of, Texas
3634. Milam (TX), County of, Texas
3635. Mitchell (TX), County of, Texas
3636. Montgomery (TX), County of, Texas
3637. Morris (TX), County of, Texas
3638. Nacogdoches (TX), County of, Texas
3639. Newton (TX), County of, Texas
3640. Nolan (TX), County of, Texas
3641. Nueces (TX), County of, Texas
3642. Nueces County Hospital District (TX),
Texas
3643. Ochiltree County Hospital District (TX),
Texas
3644. Orange (TX), County of, Texas
3645. Palo Pinto County Hospital District
(TX), Texas
3646. Panola (TX), County of, Texas
3647. Parker (TX), County of, Texas
3648. Polk (TX), County of, Texas
3649. Potter (TX), County of, Texas
3650. Red River (TX), County of, Texas
3651. Roberts (TX), County of, Texas
3652. Robertson (TX), County of, Texas
3653. Rockwall (TX), County of, Texas
3654. Rusk (TX), County of, Texas
3655. San Antonio (TX), City of, Texas
3656. San Patricio (TX), County of, Texas
3657. San Saba (TX), County of, Texas
3658. Shackelford (TX), County of, Texas
3659. Shelby (TX), County of, Texas
3660. Smith (TX), County of, Texas
3661. Socorro Independent School District
(TX), Texas
3662. Stephens (TX), County of, Texas
3663. Tarrant (TX), County of, Texas
3664. Tarrant County Hospital District (TX),
Texas
3665. Terrell (TX), County of, Texas
3666. Texarkana Independent School District
(TX), Texas
3667. Throckmorton (TX), County of, Texas
3668. Titus (TX), County of, Texas
3669. Travis (TX), County of, Texas
3670. Trinity (TX), County of, Texas
3671. Upshur (TX), County of, Texas
3672. Uvalde (TX), County of, Texas
3673. Van Zandt (TX), County of, Texas
3674. Walker (TX), County of, Texas
3675. Waller (TX), County of, Texas
3676. Webb (TX), County of, Texas
3677. West Wharton County Hospital District
(TX), Texas
3678. Wichita (TX), County of, Texas
3679. Williamson (TX), County of, Texas
3680. Wilson (TX), County of, Texas
17.B.
DRAFT – SUBJECT TO CHANGE FOR QUALITY CONTROL PURPOSES
3681. Wilson County Memorial Hospital
District (TX), Texas
3682. Wood (TX), County of, Texas
3683. Zavala (TX), County of, Texas
3684. Beaver (UT), County of, Utah
3685. Cache (UT), County of, Utah
3686. Carbon (UT), County of, Utah
3687. Daggett (UT), County of, Utah
3688. Davis (UT), County of, Utah
3689. Duchesne (UT), County of, Utah
3690. Emery (UT), County of, Utah
3691. Garfield (UT), County of, Utah
3692. Grand (UT), County of, Utah
3693. Iron (UT), County of, Utah
3694. Juab (UT), County of, Utah
3695. Kane (UT), County of, Utah
3696. Millard (UT), County of, Utah
3697. Piute (UT), County of, Utah
3698. Rich (UT), County of, Utah
3699. Salt Lake (UT), County of, Utah
3700. San Juan (UT), County of, Utah
3701. Sanpete (UT), County of, Utah
3702. Sevier (UT), County of, Utah
3703. Summit (UT), County of, Utah
3704. Tooele (UT), County of, Utah
3705. Tri-County Health Department (UT),
Utah
3706. Uintah (UT), County of, Utah
3707. Utah (UT), County of, Utah
3708. Wasatch (UT), County of, Utah
3709. Washington (UT), County of, Utah
3710. Wayne (UT), County of, Utah
3711. Weber (UT), County of, Utah
3712. Bennington (VT), Town of, Vermont
3713. Brattleboro (VT), Town of, Vermont
3714. Sharon (VT), Town of, Vermont
3715. St. Albans (VT), City of, Vermont
3716. Accomack (VA), County of, Virginia
3717. Alexandria (VA), City of, Virginia
3718. Alleghany (VA), County of, Virginia
3719. Amherst (VA), County of, Virginia
3720. Arlington (VA), County of, Virginia
3721. Bland (VA), County of, Virginia
3722. Botetourt (VA), County of, Virginia
3723. Bristol (VA), City of, Virginia
3724. Buchanan (VA), County of, Virginia
3725. Buena Vista (VA), City of, Virginia
3726. Carroll (VA), County of, Virginia
3727. Charlotte (VA), County of, Virginia
3728. Chesapeake (VA), City of, Virginia
3729. Chesterfield (VA), County of, Virginia
3730. Covington (VA), City of, Virginia
3731. Culpeper (VA), County of, Virginia
3732. Cumberland (VA), County of, Virginia
3733. Danville (VA), City of, Virginia
3734. Dickenson (VA), County of, Virginia
3735. Dinwiddie (VA), County of, Virginia
3736. Emporia (VA), City of, Virginia
3737. Fairfax (VA), City of, Virginia
3738. Fairfax (VA), County of, Virginia
3739. Fauquier (VA), County of, Virginia
3740. Floyd (VA), County of, Virginia
3741. Franklin (VA), County of, Virginia
3742. Frederick (VA), County of, Virginia
3743. Fredericksburg (VA), City of, Virginia
3744. Galax (VA), City of, Virginia
3745. Giles (VA), County of, Virginia
3746. Goochland (VA), County of, Virginia
3747. Grayson (VA), County of, Virginia
3748. Greensville (VA), County of, Virginia
3749. Halifax (VA), County of, Virginia
3750. Henrico (VA), County of, Virginia
3751. Henry (VA), County of, Virginia
3752. Hopewell (VA), City of, Virginia
3753. Isle of Wight (VA), County of, Virginia
3754. King and Queen (VA), County of,
Virginia
3755. Lee (VA), County of, Virginia
3756. Lexington (VA), City of, Virginia
3757. Loudoun (VA), County of, Virginia
3758. Louisa (VA), County of, Virginia
3759. Madison (VA), County of, Virginia
3760. Martinsville (VA), City of, Virginia
3761. Mecklenburg (VA), County of, Virginia
3762. Montgomery (VA), County of, Virginia
3763. Norfolk (VA), City of, Virginia
3764. Northampton (VA), County of, Virginia
3765. Northumberland (VA), County of,
Virginia
3766. Norton (VA), City of, Virginia
3767. Page (VA), County of, Virginia
3768. Patrick (VA), County of, Virginia
3769. Pittsylvania (VA), County of, Virginia
3770. Portsmouth (VA), City of, Virginia
17.B.
DRAFT – SUBJECT TO CHANGE FOR QUALITY CONTROL PURPOSES
3771. Prince George (VA), County of, Virginia
3772. Prince William (VA), County of,
Virginia
3773. Pulaski (VA), County of, Virginia
3774. Radford (VA), City of, Virginia
3775. Richlands (VA), Town of, Virginia
3776. Richmond (VA), City of, Virginia
3777. Richmond (VA), County of, Virginia
3778. Roanoke (VA), City of, Virginia
3779. Roanoke (VA), County of, Virginia
3780. Rockbridge (VA), County of, Virginia
3781. Russell (VA), County of, Virginia
3782. Salem (VA), City of, Virginia
3783. Scott (VA), County of, Virginia
3784. Shenandoah (VA), County of, Virginia
3785. Smyth (VA), County of, Virginia
3786. Stafford (VA), County of, Virginia
3787. Tazewell (VA), County of, Virginia
3788. Virginia Beach (VA), City of (Sheriff),
Virginia
3789. Virginia Beach (VA), City of, Virginia
3790. Warren (VA), County of, Virginia
3791. Washington (VA), County of, Virginia
3792. Waynesboro (VA), City of, Virginia
3793. Westmoreland (VA), County of, Virginia
3794. Winchester (VA), City of, Virginia
3795. Wise (VA), County of, Virginia
3796. Wythe (VA), County of, Virginia
3797. Anacortes (WA), City of, Washington
3798. Bainbridge Island (WA), City of,
Washington
3799. Burlington (WA), City of, Washington
3800. Chelan (WA), County of, Washington
3801. Clallam (WA), County of, Washington
3802. Clark (WA), County of, Washington
3803. Everett (WA), City of, Washington
3804. Franklin (WA), County of, Washington
3805. Island (WA), County of, Washington
3806. Jefferson (WA), County of, Washington
3807. Kent (WA), City of, Washington
3808. King (WA), County of, Washington
3809. Kirkland (WA), City of, Washington
3810. Kitsap (WA), County of, Washington
3811. Kittitas (WA), County of, Washington
3812. La Conner School District (WA),
Washington
3813. Lakewood (WA), City of, Washington
3814. Lewis (WA), County of, Washington
3815. Lincoln (WA), County of, Washington
3816. Mount Vernon (WA), City of,
Washington
3817. Mount Vernon School District (WA),
Washington
3818. Olympia (WA), City of, Washington
3819. Pierce (WA), County of, Washington
3820. San Juan (WA), County of, Washington
3821. Seattle (WA), City of, Washington
3822. Sedro-Woolley (WA), City of,
Washington
3823. Sedro-Woolley School District (WA),
Washington
3824. Skagit (WA), County of, Washington
3825. Snohomish (WA), County of,
Washington
3826. Spokane (WA), City of, Washington
3827. Spokane (WA), County of, Washington
3828. Tacoma (WA), City of, Washington
3829. Thurston (WA), County of, Washington
3830. Vancouver (WA), City of, Washington
3831. Walla Walla (WA), County of,
Washington
3832. Whatcom (WA), County of, Washington
3833. Whitman (WA), County of, Washington
3834. Addison (a/k/a) Webster Springs (WV),
Town of, West Virginia
3835. Barbour (WV), County of, West Virginia
3836. Barboursville (WV), Village of, West
Virginia
3837. Beckley (WV), City of, West Virginia
3838. Belington (WV), City of, West Virginia
3839. Belle (WV), Town of, West Virginia
3840. Berkeley (WV), County of, West
Virginia
3841. Bluefield (WV), City of, West Virginia
3842. Board of Education of Mason County
Public Schools (WV), West Virginia
3843. Boone (WV), County of, West Virginia
3844. Braxton (WV), County of, West Virginia
3845. Brooke (WV), County of, West Virginia
3846. Buckhannon (WV), City of, West
Virginia
3847. Cabell (WV), County of, West Virginia
3848. Calhoun (WV), County of, West Virginia
3849. Ceredo (WV), Town of, West Virginia
17.B.
DRAFT – SUBJECT TO CHANGE FOR QUALITY CONTROL PURPOSES
3850. Charles Town (WV), City of, West
Virginia
3851. Chesapeake (WV), Town of, West
Virginia
3852. Clarksburg (WV), City of, West Virginia
3853. Clay (WV), County of, West Virginia
3854. Clendenin (WV), Town of, West
Virginia
3855. Delbarton (WV), Town of, West Virginia
3856. Doddridge (WV), County of, West
Virginia
3857. Dunbar (WV), City of, West Virginia
3858. Eleanor (WV), Town of, West Virginia
3859. Elizabeth (WV), Town of, West Virginia
3860. Fairmont (WV), City of, West Virginia
3861. Fayette (WV), County of, West Virginia
3862. Fort Gay (WV), Town of, West Virginia
3863. Gauley Bridge (WV), Town of, West
Virginia
3864. Gilmer (WV), County of, West Virginia
3865. Glenville (WV), Town of, West Virginia
3866. Grafton (WV), City of, West Virginia
3867. Grant (WV), County of, West Virginia
3868. Granville (WV), Town of, West Virginia
3869. Greenbrier (WV), County of, West
Virginia
3870. Hamlin (WV), Town of, West Virginia
3871. Hancock (WV), County of, West
Virginia
3872. Hardy (WV), County of, West Virginia
3873. Harrison (WV), County of, West
Virginia
3874. Harrisville (WV), Town of, West
Virginia
3875. Huntington (WV), City of, West Virginia
3876. Hurricane (WV), City of, West Virginia
3877. Jackson (WV), County of, West Virginia
3878. Jefferson (WV), County of, West
Virginia
3879. Junior (WV), Town of, West Virginia
3880. Kanawha (WV), County of, West
Virginia
3881. Kenova (WV), City of, West Virginia
3882. Lewis (WV), County of, West Virginia
3883. Logan (WV), City of, West Virginia
3884. Logan (WV), County of, West Virginia
3885. Madison (WV), Town of, West Virginia
3886. Man (WV), Town of, West Virginia
3887. Marion (WV), County of, West Virginia
3888. Marshall (WV), County of, West
Virginia
3889. Mason (WV), County of, West Virginia
3890. Matewan (WV), Town of, West Virginia
3891. McDowell (WV), County of, West
Virginia
3892. Milton (WV), City of, West Virginia
3893. Mineral (WV), County of, West Virginia
3894. Mingo (WV), County of, West Virginia
3895. Monongalia (WV), County of, West
Virginia
3896. Monroe (WV), County of, West Virginia
3897. Montgomery (WV), City of, West
Virginia
3898. Morgan (WV), County of, West Virginia
3899. Moundsville (WV), City of, West
Virginia
3900. Mullens (WV), City of, West Virginia
3901. Nicholas (WV), County of, West
Virginia
3902. Nitro (WV), City of, West Virginia
3903. Oceana (WV), Town of, West Virginia
3904. Ohio (WV), County of, West Virginia
3905. Parkersburg (WV), City of, West
Virginia
3906. Pendleton (WV), County of, West
Virginia
3907. Philippi (WV), City of, West Virginia
3908. Pleasants (WV), County of, West
Virginia
3909. Pocahontas (WV), County of, West
Virginia
3910. Point Pleasant (WV), City of, West
Virginia
3911. Preston (WV), County of, West Virginia
3912. Princeton (WV), City of, West Virginia
3913. Putnam (WV), County of, West Virginia
3914. Quinwood (WV), Town of, West
Virginia
3915. Rainelle (WV), Town of, West Virginia
3916. Randolph (WV), County of, West
Virginia
3917. Ravenswood (WV), Town of, West
Virginia
3918. Richwood (WV), City of, West Virginia
3919. Ripley (WV), City of, West Virginia
17.B.
DRAFT – SUBJECT TO CHANGE FOR QUALITY CONTROL PURPOSES
3920. Ritchie (WV), County of, West Virginia
3921. Roane (WV), County of, West Virginia
3922. Romney (WV), Town of, West Virginia
3923. Rupert (WV), Town of, West Virginia
3924. Saint Albans (WV), City of, West
Virginia
3925. Smithers (WV), City of, West Virginia
3926. Sophia (WV), Town of, West Virginia
3927. South Charleston (WV), City of, West
Virginia
3928. Spencer (WV), City of, West Virginia
3929. St. Marys (WV), City of, West Virginia
3930. Star City (WV), Town of, West Virginia
3931. Summers (WV), County of, West
Virginia
3932. Summersville (WV), City of, West
Virginia
3933. Sutton (WV), Town of, West Virginia
3934. Taylor (WV), County of, West Virginia
3935. Tucker (WV), County of, West Virginia
3936. Tyler (WV), County of, West Virginia
3937. Upshur (WV), County of, West Virginia
3938. Vienna (WV), City of, West Virginia
3939. Wayne (WV), County of, West Virginia
3940. Webster (WV), County of, West Virginia
3941. Weirton (WV), City of, West Virginia
3942. West Hamlin (WV), Town of, West
Virginia
3943. Wetzel (WV), County of, West Virginia
3944. White Sulphur Springs (WV), City of,
West Virginia
3945. Whitesville (WV), Town of, West
Virginia
3946. Williamstown (WV), City of, West
Virginia
3947. Winfield (WV), City of, West Virginia
3948. Wirt (WV), County of, West Virginia
3949. Wood (WV), County of, West Virginia
3950. Adams (WI), County of, Wisconsin
3951. Ashland (WI), County of, Wisconsin
3952. Barron (WI), County of, Wisconsin
3953. Bayfield (WI), County of, Wisconsin
3954. Brown (WI), County of, Wisconsin
3955. Buffalo (WI), County of, Wisconsin
3956. Burnett (WI), County of, Wisconsin
3957. Calumet (WI), County of, Wisconsin
3958. Chippewa (WI), County of, Wisconsin
3959. Clark (WI), County of, Wisconsin
3960. Columbia (WI), County of, Wisconsin
3961. Crawford (WI), County of, Wisconsin
3962. Cudahy (WI), City of, Wisconsin
3963. Dane (WI), County of, Wisconsin
3964. Dodge (WI), County of, Wisconsin
3965. Door (WI), County of, Wisconsin
3966. Douglas (WI), County of, Wisconsin
3967. Dunn (WI), County of, Wisconsin
3968. Eau Claire (WI), County of, Wisconsin
3969. Florence (WI), County of, Wisconsin
3970. Fond du Lac (WI), County of, Wisconsin
3971. Forest (WI), County of, Wisconsin
3972. Franklin (WI), City of, Wisconsin
3973. Grant (WI), County of, Wisconsin
3974. Green (WI), County of, Wisconsin
3975. Green Lake (WI), County of, Wisconsin
3976. Greenfield (WI), City of, Wisconsin
3977. Iowa (WI), County of, Wisconsin
3978. Iron (WI), County of, Wisconsin
3979. Jackson (WI), County of, Wisconsin
3980. Janesville (WI), City of, Wisconsin
3981. Jefferson (WI), County of, Wisconsin
3982. Juneau (WI), County of, Wisconsin
3983. Kenosha (WI), City of, Wisconsin
3984. Kenosha (WI), County of, Wisconsin
3985. Kewaunee (WI), County of, Wisconsin
3986. La Crosse (WI), County of, Wisconsin
3987. Lafayette (WI), County of, Wisconsin
3988. Langlade (WI), County of, Wisconsin
3989. Lincoln (WI), County of, Wisconsin
3990. Manitowoc (WI), County of, Wisconsin
3991. Marathon (WI), County of, Wisconsin
3992. Marinette (WI), City of, Wisconsin
3993. Marinette (WI), County of, Wisconsin
3994. Marquette (WI), County of, Wisconsin
3995. Menominee (WI), County of, Wisconsin
3996. Milwaukee (WI), City of, Wisconsin
3997. Milwaukee (WI), County of, Wisconsin
3998. Monroe (WI), County of, Wisconsin
3999. Mount Pleasant (WI), Village of,
Wisconsin
4000. Oak Creek (WI), City of, Wisconsin
4001. Oconto (WI), County of, Wisconsin
4002. Oneida (WI), County of, Wisconsin
4003. Outagamie (WI), County of, Wisconsin
4004. Ozaukee (WI), County of, Wisconsin
17.B.
DRAFT – SUBJECT TO CHANGE FOR QUALITY CONTROL PURPOSES
4005. Pepin (WI), County of, Wisconsin
4006. Pierce (WI), County of, Wisconsin
4007. Pleasant Prairie (WI), Village of,
Wisconsin
4008. Portage (WI), County of, Wisconsin
4009. Price (WI), County of, Wisconsin
4010. Racine (WI), County of, Wisconsin
4011. Richland (WI), County of, Wisconsin
4012. Rock (WI), County of, Wisconsin
4013. Rusk (WI), County of, Wisconsin
4014. Sauk (WI), County of, Wisconsin
4015. Sawyer (WI), County of, Wisconsin
4016. Shawano (WI), County of, Wisconsin
4017. Sheboygan (WI), County of, Wisconsin
4018. South Milwaukee (WI), City of,
Wisconsin
4019. St. Croix (WI), County of, Wisconsin
4020. Sturtevant (WI), Village of, Wisconsin
4021. Superior (WI), City of, Wisconsin
4022. Taylor (WI), County of, Wisconsin
4023. Trempealeau (WI), County of,
Wisconsin
4024. Union Grove (WI), Village of,
Wisconsin
4025. Vernon (WI), County of, Wisconsin
4026. Vilas (WI), County of, Wisconsin
4027. Walworth (WI), County of, Wisconsin
4028. Washburn (WI), County of, Wisconsin
4029. Washington (WI), County of, Wisconsin
4030. Waukesha (WI), County of, Wisconsin
4031. Waupaca (WI), County of, Wisconsin
4032. Waushara (WI), County of, Wisconsin
4033. Wauwatosa (WI), City of, Wisconsin
4034. West Allis (WI), City of, Wisconsin
4035. Winnebago (WI), County of, Wisconsin
4036. Wood (WI), County of, Wisconsin
4037. Yorkville (WI), Village of, Wisconsin
4038. Carbon (WY), County of, Wyoming
4039. Casper (WY), City of, Wyoming
4040. Cheyenne (WY), City of, Wyoming
4041. Green River (WY), City of, Wyoming
4042. Riverton (WY), City of, Wyoming
4043. Rock Springs (WY), City of, Wyoming
4044. Sweetwater (WY), County of, Wyoming
17.B.
62 revised July 30, 2021
EXHIBIT D
[Intentionally Omitted]
17.B.
63 revised July 30, 2021
EXHIBIT E
List of Opioid Remediation Uses
Schedule A
Core Strategies
States and Qualifying Block Grantees shall choose from among the abatement strategies listed in Schedule B. However, priority shall be given to the following core abatement strategies (“Core Strategies”).1
A. NALOXONE OR OTHER FDA-APPROVED DRUG TO
REVERSE OPIOID OVERDOSES
1. Expand training for first responders, schools, community support groups and families; and
2. Increase distribution to individuals who are uninsured or whose insurance does not cover the needed service.
B. MEDICATION-ASSISTED TREATMENT (“MAT”)
DISTRIBUTION AND OTHER OPIOID-RELATED
TREATMENT
1. Increase distribution of MAT to individuals who are
uninsured or whose insurance does not cover the needed
service;
2. Provide education to school-based and youth-focused
programs that discourage or prevent misuse;
3. Provide MAT education and awareness training to
healthcare providers, EMTs, law enforcement, and other
first responders; and
4. Provide treatment and recovery support services such as residential and inpatient treatment, intensive outpatient treatment, outpatient therapy or counseling, and recovery housing that allow or integrate medication and with other support services.
1 As used in this Schedule A, words like “expand,” “fund,” “provide” or the like sh all not indicate a preference for new or existing programs.
17.B.
64 revised July 30, 2021
C. PREGNANT & POSTPARTUM WOMEN
1. Expand Screening, Brief Intervention, and Referral to Treatment (“SBIRT”) services to non-Medicaid eligible or uninsured pregnant women;
2. Expand comprehensive evidence-based treatment and
recovery services, including MAT, for women with co-
occurring Opioid Use Disorder (“OUD”) and other
Substance Use Disorder (“SUD”)/Mental Health disorders
for uninsured individuals for up to 12 months postpartum; and
3. Provide comprehensive wrap-around services to individuals with OUD, including housing, transportation, job
placement/training, and childcare.
D. EXPANDING TREATMENT FOR NEONATAL
ABSTINENCE SYNDROME (“NAS”)
1. Expand comprehensive evidence-based and recovery
support for NAS babies;
2. Expand services for better continuum of care with infant- need dyad; and
3. Expand long-term treatment and services for medical
monitoring of NAS babies and their families.
E. EXPANSION OF WARM HAND-OFF PROGRAMS AND
RECOVERY SERVICES
1. Expand services such as navigators and on-call teams to begin MAT in hospital emergency departments;
2. Expand warm hand-off services to transition to recovery services;
3. Broaden scope of recovery services to include co-occurring SUD or mental health conditions;
4. Provide comprehensive wrap-around services to individuals in recovery, including housing, transportation, job
placement/training, and childcare; and
5. Hire additional social workers or other behavioral health workers to facilitate expansions above.
17.B.
65 revised July 30, 2021
F. TREATMENT FOR INCARCERATED POPULATION
1. Provide evidence-based treatment and recovery support, including MAT for persons with OUD and co-occurring
SUD/MH disorders within and transitioning out of the
criminal justice system; and
2. Increase funding for jails to provide treatment to inmates with OUD.
G. PREVENTION PROGRAMS
1. Funding for media campaigns to prevent opioid use (similar to the FDA’s “Real Cost” campaign to prevent youth from
misusing tobacco);
2. Funding for evidence-based prevention programs in schools;
3. Funding for medical provider education and outreach regarding best prescribing practices for opioids consistent with the 2016 CDC guidelines, including providers at hospitals (academic detailing);
4. Funding for community drug disposal programs; and
5. Funding and training for first responders to participate in pre- arrest diversion programs, post-overdose response teams, or similar strategies that connect at-risk individuals to behavioral health services and supports.
H. EXPANDING SYRINGE SERVICE PROGRAMS
1. Provide comprehensive syringe services programs with more wrap-around services, including linkage to OUD
treatment, access to sterile syringes and linkage to care and treatment of infectious diseases.
I. EVIDENCE-BASED DATA COLLECTION AND
RESEARCH ANALYZING THE EFFECTIVENESS OF THE
ABATEMENT STRATEGIES WITHIN THE STATE
17.B.
66 revised July 30, 2021
Schedule B
Approved Uses
Support treatment of Opioid Use Disorder (OUD) and any co-occurring Substance Use Disorder or Mental Health (SUD/MH) conditions through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the following:
PART ONE: TREATMENT
A. TREAT OPIOID USE DISORDER (OUD)
Support treatment of Opioid Use Disorder (“OUD”) and any co-occurring Substance Use Disorder or Mental Health (“SUD/MH”) conditions through evidence-based or evidence- informed programs or strategies that may include, but are not limited to, those that:2
1. Expand availability of treatment for OUD and any co-occurring SUD/MH conditions, including all forms of Medication-Assisted Treatment (“MAT”) approved by the U.S.
Food and Drug Administration.
2. Support and reimburse evidence-based services that adhere to the American Society of Addiction Medicine (“ASAM”) continuum of care for OUD and any co-occurring SUD/MH conditions.
3. Expand telehealth to increase access to treatment for OUD and any co-occurring SUD/MH conditions, including MAT, as well as counseling, psychiatric support, and other treatment and recovery support services.
4. Improve oversight of Opioid Treatment Programs (“OTPs”) to assure evidence-based or evidence-informed practices such as adequate methadone dosing and low threshold approaches to treatment.
5. Support mobile intervention, treatment, and recovery services, offered by qualified professionals and service providers, such as peer recovery coaches, for persons with OUD and any co-occurring SUD/MH conditions and for persons who have experienced an opioid overdose.
6. Provide treatment of trauma for individuals with OUD (e.g., violence, sexual assault, human trafficking, or adverse childhood experiences) and family members (e.g., surviving family members after an overdose or overdose fatality), and training of health care personnel to identify and address such trauma.
7. Support evidence-based withdrawal management services for people with OUD and any co-occurring mental health conditions.
2 As used in this Schedule B, words like “expand,” “fund,” “provide” or the like shall not indicate a preference for new or existing programs.
17.B.
67 revised July 30, 2021
8. Provide training on MAT for health care providers, first responders, students, or other supporting professionals, such as peer recovery coaches or recovery outreach specialists, including telementoring to assist community-based providers in rural or underserved areas.
9. Support workforce development for addiction professionals who work with persons with OUD and any co-occurring SUD/MH conditions.
10. Offer fellowships for addiction medicine specialists for direct patient care, instructors, and clinical research for treatments.
11. Offer scholarships and supports for behavioral health practitioners or workers involved in addressing OUD and any co-occurring SUD/MH or mental health conditions, including, but not limited to, training, scholarships, fellowships, loan repayment programs, or other incentives for providers to work in rural or underserved areas.
12. Provide funding and training for clinicians to obtain a waiver under the federal Drug Addiction Treatment Act of 2000 (“DATA 2000”) to prescribe MAT for OUD, and provide technical assistance and professional support to clinicians who have obtained a DATA 2000 waiver.
13. Disseminate web-based training curricula, such as the American Academy of Addiction Psychiatry’s Provider Clinical Support Service–Opioids web-based training curriculum and motivational interviewing.
14. Develop and disseminate new curricula, such as the American Academy of Addiction Psychiatry’s Provider Clinical Support Service for Medication–Assisted Treatment.
B. SUPPORT PEOPLE IN TREATMENT AND RECOVERY
Support people in recovery from OUD and any co-occurring SUD/MH conditions through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the programs or strategies that:
1. Provide comprehensive wrap-around services to individuals with OUD and any co- occurring SUD/MH conditions, including housing, transportation, education, job placement, job training, or childcare.
2. Provide the full continuum of care of treatment and recovery services for OUD and any co-occurring SUD/MH conditions, including supportive housing, peer support services and counseling, community navigators, case management, and connections to community-based services.
3. Provide counseling, peer-support, recovery case management and residential treatment with access to medications for those who need it to persons with OUD and any co-occurring SUD/MH conditions.
17.B.
68 revised July 30, 2021
4. Provide access to housing for people with OUD and any co-occurring SUD/MH conditions, including supportive housing, recovery housing, housing assistance programs, training for housing providers, or recovery housing programs that allow or integrate FDA-approved mediation with other support services.
5. Provide community support services, including social and legal services, to assist in deinstitutionalizing persons with OUD and any co-occurring SUD/MH conditions.
6. Support or expand peer-recovery centers, which may include support groups, social events, computer access, or other services for persons with OUD and any co- occurring SUD/MH conditions.
7. Provide or support transportation to treatment or recovery programs or services for persons with OUD and any co-occurring SUD/MH conditions.
8. Provide employment training or educational services for persons in treatment for or recovery from OUD and any co-occurring SUD/MH conditions.
9. Identify successful recovery programs such as physician, pilot, and college recovery programs, and provide support and technical assistance to increase the number and capacity of high-quality programs to help those in recovery.
10. Engage non-profits, faith-based communities, and community coalitions to support people in treatment and recovery and to support family members in their efforts to support the person with OUD in the family.
11. Provide training and development of procedures for government staff to appropriately interact and provide social and other services to individuals with or in recovery from OUD, including reducing stigma.
12. Support stigma reduction efforts regarding treatment and support for persons with OUD, including reducing the stigma on effective treatment.
13. Create or support culturally appropriate services and programs for persons with OUD and any co-occurring SUD/MH conditions, including new Americans.
14. Create and/or support recovery high schools.
15. Hire or train behavioral health workers to provide or expand any of the services or supports listed above.
C. CONNECT PEOPLE WHO NEED HELP TO THE HELP THEY NEED
(CONNECTIONS TO CARE)
Provide connections to care for people who have—or are at risk of developing—OUD and any co-occurring SUD/MH conditions through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, those that:
17.B.
69 revised July 30, 2021
1. Ensure that health care providers are screening for OUD and other risk factors and know how to appropriately counsel and treat (or refer if necessary) a patient for OUD treatment.
2. Fund SBIRT programs to reduce the transition from use to disorders, including SBIRT services to pregnant women who are uninsured or not eligible for Medicaid.
3. Provide training and long-term implementation of SBIRT in key systems (health, schools, colleges, criminal justice, and probation), with a focus on youth and young adults when transition from misuse to opioid disorder is common.
4. Purchase automated versions of SBIRT and support ongoing costs of the technology.
5. Expand services such as navigators and on-call teams to begin MAT in hospital emergency departments.
6. Provide training for emergency room personnel treating opioid overdose patients on post-discharge planning, including community referrals for MAT, recovery case management or support services.
7. Support hospital programs that transition persons with OUD and any co-occurring SUD/MH conditions, or persons who have experienced an opioid overdose, into clinically appropriate follow-up care through a bridge clinic or similar approach.
8. Support crisis stabilization centers that serve as an alternative to hospital emergency departments for persons with OUD and any co-occurring SUD/MH conditions or persons that have experienced an opioid overdose.
9. Support the work of Emergency Medical Systems, including peer support specialists, to connect individuals to treatment or other appropriate services following an opioid overdose or other opioid-related adverse event.
10. Provide funding for peer support specialists or recovery coaches in emergency departments, detox facilities, recovery centers, recovery housing, or similar settings; offer services, supports, or connections to care to persons with OUD and any co- occurring SUD/MH conditions or to persons who have experienced an opioid overdose.
11. Expand warm hand-off services to transition to recovery services.
12. Create or support school-based contacts that parents can engage with to seek immediate treatment services for their child; and support prevention, intervention, treatment, and recovery programs focused on young people.
13. Develop and support best practices on addressing OUD in the workplace.
14. Support assistance programs for health care providers with OUD.
17.B.
70 revised July 30, 2021
15. Engage non-profits and the faith community as a system to support outreach for treatment.
16. Support centralized call centers that provide information and connections to appropriate services and supports for persons with OUD and any co-occurring SUD/MH conditions.
D. ADDRESS THE NEEDS OF CRIMINAL JUSTICE-INVOLVED PERSONS Address the needs of persons with OUD and any co-occurring SUD/MH conditions who are involved in, are at risk of becoming involved in, or are transitioning out of the criminal justice system through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, those that:
1. Support pre-arrest or pre-arraignment diversion and deflection strategies for persons with OUD and any co-occurring SUD/MH conditions, including established strategies such as:
1. Self-referral strategies such as the Angel Programs or the Police Assisted Addiction Recovery Initiative (“PAARI”);
2. Active outreach strategies such as the Drug Abuse Response Team (“DART”) model;
3. “Naloxone Plus” strategies, which work to ensure that individuals who have received naloxone to reverse the effects of an overdose are then linked to treatment programs or other appropriate services;
4. Officer prevention strategies, such as the Law Enforcement Assisted Diversion (“LEAD”) model;
5. Officer intervention strategies such as the Leon County, Florida Adult Civil Citation Network or the Chicago Westside Narcotics Diversion to Treatment Initiative; or
6. Co-responder and/or alternative responder models to address OUD-related 911 calls with greater SUD expertise.
2. Support pre-trial services that connect individuals with OUD and any co-occurring SUD/MH conditions to evidence-informed treatment, including MAT, and related services.
3. Support treatment and recovery courts that provide evidence-based options for persons with OUD and any co-occurring SUD/MH conditions.
4. Provide evidence-informed treatment, including MAT, recovery support, harm reduction, or other appropriate services to individuals with OUD and any co- occurring SUD/MH conditions who are incarcerated in jail or prison.
17.B.
71 revised July 30, 2021
5. Provide evidence-informed treatment, including MAT, recovery support, harm reduction, or other appropriate services to individuals with OUD and any co- occurring SUD/MH conditions who are leaving jail or prison or have recently left jail or prison, are on probation or parole, are under community corrections supervision, or are in re-entry programs or facilities.
6. Support critical time interventions (“CTI”), particularly for individuals living with dual-diagnosis OUD/serious mental illness, and services for individuals who face immediate risks and service needs and risks upon release from correctional settings.
7. Provide training on best practices for addressing the needs of criminal justice- involved persons with OUD and any co-occurring SUD/MH conditions to law enforcement, correctional, or judicial personnel or to providers of treatment, recovery, harm reduction, case management, or other services offered in connection with any of the strategies described in this section.
E. ADDRESS THE NEEDS OF PREGNANT OR PARENTING WOMEN AND
THEIR FAMILIES, INCLUDING BABIES WITH NEONATAL ABSTINENCE
SYNDROME
Address the needs of pregnant or parenting women with OUD and any co-occurring SUD/MH conditions, and the needs of their families, including babies with neonatal abstinence syndrome (“NAS”), through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, those that:
1. Support evidence-based or evidence-informed treatment, including MAT, recovery services and supports, and prevention services for pregnant women—or women who could become pregnant—who have OUD and any co-occurring SUD/MH conditions, and other measures to educate and provide support to families affected by Neonatal Abstinence Syndrome.
2. Expand comprehensive evidence-based treatment and recovery services, including MAT, for uninsured women with OUD and any co-occurring SUD/MH conditions for up to 12 months postpartum.
3. Provide training for obstetricians or other healthcare personnel who work with pregnant women and their families regarding treatment of OUD and any co-occurring SUD/MH conditions.
4. Expand comprehensive evidence-based treatment and recovery support for NAS babies; expand services for better continuum of care with infant-need dyad; and expand long-term treatment and services for medical monitoring of NAS babies and their families.
5. Provide training to health care providers who work with pregnant or parenting women on best practices for compliance with federal requirements that children born with NAS get referred to appropriate services and receive a plan of safe care.
17.B.
72 revised July 30, 2021
6. Provide child and family supports for parenting women with OUD and any co- occurring SUD/MH conditions.
7. Provide enhanced family support and child care services for parents with OUD and any co-occurring SUD/MH conditions.
8. Provide enhanced support for children and family members suffering trauma as a result of addiction in the family; and offer trauma-informed behavioral health treatment for adverse childhood events.
9. Offer home-based wrap-around services to persons with OUD and any co-occurring SUD/MH conditions, including, but not limited to, parent skills training.
10. Provide support for Children’s Services—Fund additional positions and services, including supportive housing and other residential services, relating to children being removed from the home and/or placed in foster care due to custodial opioid use.
PART TWO: PREVENTION
F. PREVENT OVER-PRESCRIBING AND ENSURE APPROPRIATE
PRESCRIBING AND DISPENSING OF OPIOIDS
Support efforts to prevent over-prescribing and ensure appropriate prescribing and dispensing of opioids through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the following:
1. Funding medical provider education and outreach regarding best prescribing practices for opioids consistent with the Guidelines for Prescribing Opioids for Chronic Pain from the U.S. Centers for Disease Control and Prevention, including providers at hospitals (academic detailing).
2. Training for health care providers regarding safe and responsible opioid prescribing, dosing, and tapering patients off opioids.
3. Continuing Medical Education (CME) on appropriate prescribing of opioids.
4. Providing Support for non-opioid pain treatment alternatives, including training providers to offer or refer to multi-modal, evidence-informed treatment of pain.
5. Supporting enhancements or improvements to Prescription Drug Monitoring Programs (“PDMPs”), including, but not limited to, improvements that:
1. Increase the number of prescribers using PDMPs;
2. Improve point-of-care decision-making by increasing the quantity, quality, or format of data available to prescribers using PDMPs, by improving the interface that prescribers use to access PDMP data, or both; or
17.B.
73 revised July 30, 2021
3. Enable states to use PDMP data in support of surveillance or intervention strategies, including MAT referrals and follow-up for individuals identified within PDMP data as likely to experience OUD in a manner that complies with all relevant privacy and security laws and rules.
6. Ensuring PDMPs incorporate available overdose/naloxone deployment data, including the United States Department of Transportation’s Emergency Medical Technician overdose database in a manner that complies with all relevant privacy and security laws and rules.
7. Increasing electronic prescribing to prevent diversion or forgery.
8. Educating dispensers on appropriate opioid dispensing.
G. PREVENT MISUSE OF OPIOIDS
Support efforts to discourage or prevent misuse of opioids through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the following:
1. Funding media campaigns to prevent opioid misuse.
2. Corrective advertising or affirmative public education campaigns based on evidence.
3. Public education relating to drug disposal.
4. Drug take-back disposal or destruction programs.
5. Funding community anti-drug coalitions that engage in drug prevention efforts.
6. Supporting community coalitions in implementing evidence-informed prevention, such as reduced social access and physical access, stigma reduction—including staffing, educational campaigns, support for people in treatment or recovery, or training of coalitions in evidence-informed implementation, including the Strategic Prevention Framework developed by the U.S. Substance Abuse and Mental Health Services Administration (“SAMHSA”).
7. Engaging non-profits and faith-based communities as systems to support prevention.
8. Funding evidence-based prevention programs in schools or evidence-informed school and community education programs and campaigns for students, families, school employees, school athletic programs, parent-teacher and student associations, and others.
9. School-based or youth-focused programs or strategies that have demonstrated effectiveness in preventing drug misuse and seem likely to be effective in preventing the uptake and use of opioids.
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10. Create or support community-based education or intervention services for families, youth, and adolescents at risk for OUD and any co-occurring SUD/MH conditions.
11. Support evidence-informed programs or curricula to address mental health needs of young people who may be at risk of misusing opioids or other drugs, including emotional modulation and resilience skills.
12. Support greater access to mental health services and supports for young people, including services and supports provided by school nurses, behavioral health workers or other school staff, to address mental health needs in young people that (when not properly addressed) increase the risk of opioid or another drug misuse.
H. PREVENT OVERDOSE DEATHS AND OTHER HARMS (HARM REDUCTION) Support efforts to prevent or reduce overdose deaths or other opioid-related harms through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the following:
1. Increased availability and distribution of naloxone and other drugs that treat overdoses for first responders, overdose patients, individuals with OUD and their friends and family members, schools, community navigators and outreach workers, persons being released from jail or prison, or other members of the general public.
2. Public health entities providing free naloxone to anyone in the community.
3. Training and education regarding naloxone and other drugs that treat overdoses for first responders, overdose patients, patients taking opioids, families, schools, community support groups, and other members of the general public.
4. Enabling school nurses and other school staff to respond to opioid overdoses, and provide them with naloxone, training, and support.
5. Expanding, improving, or developing data tracking software and applications for overdoses/naloxone revivals.
6. Public education relating to emergency responses to overdoses.
7. Public education relating to immunity and Good Samaritan laws.
8. Educating first responders regarding the existence and operation of immunity and Good Samaritan laws.
9. Syringe service programs and other evidence-informed programs to reduce harms associated with intravenous drug use, including supplies, staffing, space, peer support services, referrals to treatment, fentanyl checking, connections to care, and the full range of harm reduction and treatment services provided by these programs.
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10. Expanding access to testing and treatment for infectious diseases such as HIV and Hepatitis C resulting from intravenous opioid use.
11. Supporting mobile units that offer or provide referrals to harm reduction services, treatment, recovery supports, health care, or other appropriate services to persons that use opioids or persons with OUD and any co-occurring SUD/MH conditions.
12. Providing training in harm reduction strategies to health care providers, students, peer recovery coaches, recovery outreach specialists, or other professionals that provide care to persons who use opioids or persons with OUD and any co-occurring SUD/MH conditions.
13. Supporting screening for fentanyl in routine clinical toxicology testing.
PART THREE: OTHER STRATEGIES
I. FIRST RESPONDERS
In addition to items in section C, D and H relating to first responders, support the following:
1. Education of law enforcement or other first responders regarding appropriate practices and precautions when dealing with fentanyl or other drugs.
2. Provision of wellness and support services for first responders and others who experience secondary trauma associated with opioid-related emergency events.
J. LEADERSHIP, PLANNING AND COORDINATION
Support efforts to provide leadership, planning, coordination, facilitations, training and technical assistance to abate the opioid epidemic through activities, programs, or strategies that may include, but are not limited to, the following:
1. Statewide, regional, local or community regional planning to identify root causes of addiction and overdose, goals for reducing harms related to the opioid epidemic, and areas and populations with the greatest needs for treatment intervention services, and to support training and technical assistance and other strategies to abate the opioid epidemic described in this opioid abatement strategy list.
2. A dashboard to (a) share reports, recommendations, or plans to spend opioid settlement funds; (b) to show how opioid settlement funds have been spent; (c) to report program or strategy outcomes; or (d) to track, share or visualize key opioid- or health-related indicators and supports as identified through collaborative statewide, regional, local or community processes.
3. Invest in infrastructure or staffing at government or not-for-profit agencies to support collaborative, cross-system coordination with the purpose of preventing
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overprescribing, opioid misuse, or opioid overdoses, treating those with OUD and any co-occurring SUD/MH conditions, supporting them in treatment or recovery, connecting them to care, or implementing other strategies to abate the opioid epidemic described in this opioid abatement strategy list.
4. Provide resources to staff government oversight and management of opioid abatement programs.
K. TRAINING
In addition to the training referred to throughout this document, support training to abate the opioid epidemic through activities, programs, or strategies that may include, but are not limited to, those that:
1. Provide funding for staff training or networking programs and services to improve the capability of government, community, and not-for-profit entities to abate the opioid crisis.
2. Support infrastructure and staffing for collaborative cross-system coordination to prevent opioid misuse, prevent overdoses, and treat those with OUD and any co- occurring SUD/MH conditions, or implement other strategies to abate the opioid epidemic described in this opioid abatement strategy list (e.g., health care, primary care, pharmacies, PDMPs, etc.).
L. 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).
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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 (“ADAM”) 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.
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EXHIBIT F
List of States and Overall Allocation Percentages
Alabama 1.6491291250%
Alaska 0.2619596435%
American Samoa 0.0174609943%
Arizona 2.3755949882%
Arkansas 0.9713856799%
California 9.9213830698%
Colorado 1.6616291219%
Connecticut 1.3399918096%
Delaware 0.4951498892%
District of Columbia 0.2078293111%
Florida 7.0259134409%
Georgia 2.7882080114%
Guam 0.0513089852%
Hawaii 0.3443244815%
Idaho 0.5297889112%
Illinois 3.3263363702%
Indiana 2.2168933059%
Iowa 0.7611448951%
Kansas 0.8077259480%
Kentucky 2.1047890943%
Louisiana 1.5229786769%
Maine 0.5651006743%
Maryland 2.1106090494%
Massachusetts 2.3035761083%
Michigan 3.4020234989%
Minnesota 1.2972597706%
Mississippi 0.8942157086%
Missouri 2.0056475170%
Montana 0.3457758645%
N. Mariana Islands 0.0188110001%
Nebraska 0.4313919963%
Nevada 1.2547155559%
New Hampshire 0.6311550689%
New Jersey 2.7551354545%
New Mexico 0.8623532836%
New York 5.3903813405%
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North Carolina 3.2502525994%
North Dakota 0.1878951417%
Ohio 4.3567051408%
Oklahoma 0.3053135060%
Oregon 1.4309172888%
Pennsylvania 4.5882419559%
Puerto Rico 0.7295764154%
Rhode Island 0.4942737092%
South Carolina 1.5905629933%
South Dakota 0.2193860923%
Tennessee 2.6881474977%
Texas 6.2932157196%
Utah 1.1945774957%
Vermont 0.2876050633%
Virgin Islands 0.0343504215%
Virginia 2.2801150757%
Washington 2.3189040182%
West Virginia 1.1438786260%
Wisconsin 1.7582560561%
Wyoming 0.1987475390%
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EXHIBIT G
Subdivisions Eligible to become Participating Subdivisions and Default Subdivision Fund Allocation Percentages
The Subdivisions set forth on this Exhibit G are eligible to become Participating Subdivisions.
By default, the Subdivisions set forth on this Exhibit G shall include: (1) all Litigating Subdivisions; (2) all counties and parishes in States with functional counties or parishes; (3) all Subdivisions that are the highest level of general purpose government in States without functional counties or parishes; and (4) all other Subdivisions with a population of 10,000 or greater. A State may elect to add any additional Subdivisions to this Exhibit G at any time prior to the Initial Participation Date.
Immediately upon the effectiveness of any State-Subdivision Agreement, Allocation Statute, Statutory Trust, or voluntary redistribution allowed by subsection VI.D.3 (or upon the effectiveness of an amendment to any State-Subdivision Agreement, Allocation Statute, Statutory Trust, or voluntary redistribution allowed by subsection VI.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 subsection VI.D.3.
For the avoidance of doubt, inclusion on this Exhibit G shall not create any claim for any amount of the Settlement Fund, and no 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 the Agreement.
The Parties recognize the benefits of remediation funds reaching all communities, including through direct payments from the Subdivision Fund. However, to promote efficiency in the use of such funds and avoid administratively-burdensome disbursements that would be too small to add a meaningful abatement response, certain Subdivisions do not receive a direct allocation from the Subdivision Fund. However, such Subdivisions will benefit from Opioid Remediation in their community, and are 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 subsection VI.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 allocation that would have otherwise gone to Subdivisions not listed below as receiving a direct allocation shall be (1) directed to the county or parish in which such Subdivision is located in Settling States with functional counties or parishes if the relevant county or parish is a Participating Subdivision or (2) to the highest- level general purpose government in which such Subdivision is located in Settling States without functional counties or parishes if the relevant highest-level general purpose government is a Participating Subdivision. Where the relevant county, parish or highest-level General Purpose Government is not a Participating Subdivision, allocations of General Purpose Subdivisions not
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listed below as eligible to become Participating Subdivisions shall be allocated pursuant to subsection VII.I. The redirecting of funds described in this paragraph is intended to promote the efficient use of Opioid Remediation funds while keeping, where possible, local control of the distribution of those funds.
This Exhibit G will be updated with Subdivisions eligible to become Participating Subdivisions pursuant to subsection I.77.
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EXHIBIT H
Participation Tier Determination*
Participation
Tier
Settling States as
of the Payment
Date (beginning
in Payment Year
1)
Percentage of Litigating
Subdivisions that Are
Participating
Subdivisions and/or
Subdivisions Subject to
a Bar, Case-Specific
Resolution, or
Settlement Class
Resolution in effect as of
the Payment Date
(beginning in Payment
Year 1)
Percentage of Non-
Litigating Subdivisions
with Populations over
10,000 that Are
Participating Subdivisions
and/or Subdivisions
Subject to a Bar, Case-
Specific Resolution, or
Settlement Class
resolution in effect as of
the Payment Date
(beginning in Payment
Year 1)
1 44 95% 90%
2 45 96% 96%
3 46 97% 97%
4 48 98% 97%
* The following conditions apply to the determination of Participation Tiers:
1. For the sole purpose of the Participation Tier determination under this Exhibit, the States used to calculate each criterion (including the percentages of Litigating and Non- Litigating Subdivisions in Settling States that are Participating Subdivisions) will include each of the 50 states in the United States, excluding the District of Columbia, American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the U.S. Virgin Islands.
2. Assessment of Subdivision participation percentage will be national in scope.
3. For purposes of determining Participation Tiers, “Litigating Subdivisions” includes Special Districts that have brought any Released Claims against any Released Entities.
Special Districts shall have their population measured as set forth in subsection XIII.C.
4. The percentage of Litigating Subdivisions and percentage of Non-Litigating Subdivisions with populations over 10,000 will be calculated as follows: Each Litigating Subdivision and each Non-Litigating Subdivision with a population over 10,000 in the States used to calculate the Participation Tier will be assigned a metric reflecting both population and severity (the “Population-Severity Metric”). The Population-Severity Metric shall be the Subdivision’s population plus the Subdivision’s population multiplied by the severity factor for the State of the Subdivision (the severity factors for each State are attached as Exhibit T hereto) and then divided in two, thus giving 50% weight to each of population and population multiplied by the severity factor. The denominator for each percentage shall be the sum total of the Population-Severity Metric for all the Subdivisions in the
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relevant category (Litigating Subdivisions or Non-Litigating Subdivisions with populations over 10,000) in the Settling States, notwithstanding that persons may be included within the population (and therefore the Population-Severity Metric) of more than one Subdivision. The numerator will be the sum total of the Population-Severity Metrics of all Subdivisions in the relevant category of Subdivision (i.e., Litigating Subdivisions or Non-Litigating Subdivisions with populations over 10,000) in the Settling States that are either Participating Subdivisions or are subject to a Bar, Case- Specific Resolution, or Settlement Class Resolution, notwithstanding that persons may be included within the population of more than one Subdivision. For the avoidance of doubt, Subdivisions in Non-Settling States are excluded from both the denominator and numerator of the calculations for the percentage of Litigating Subdivisions and percentage of Non-Litigating Subdivisions with populations over 10,000.
5. When the Participation Tier is redetermined annually, Later Participating Subdivisions described in Section VII.E.3 or Section VII.E.4 shall not be included as Participating Subdivisions, and for Subdivisions subject to a Bar, Case-Specific Resolution, or Settlement Class Resolution to be included, the Bar, Case-Specific Resolution, or Settlement Class Resolution must have been in effect both as of the relevant Payment Date and for the entire period since the prior Payment Date.
6. Subdivisions with populations over 10,000 are listed on Exhibit I.
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EXHIBIT I
Primary Subdivisions and Subdivisions over 10,000
[Distributor Agreement Exhibit I to be inserted]
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EXHIBIT J
Janssen Predecessors and Former Affiliates
The following includes a non-exclusive list of Janssen’s predecessors and former affiliates:
1. Janssen Pharmaceutica, Inc.
2. Janssen Pharmaceutica N.V.
3. Janssen-Cilag Manufacturing, LLC
4. Janssen Global Services, LLC
5. Janssen Ortho LLC
6. Janssen Products, LP
7. Janssen Research & Development, LLC
8. Janssen Supply Group, LLC
9. Janssen Scientific Affairs, LLC
10. JOM Pharmaceutical Services, Inc.
11. OMJ Pharmaceuticals, Inc.
12. Ortho-McNeil Finance Co.
13. Ortho-McNeil Pharmaceutical
14. Ortho-McNeil-Janssen Pharmaceuticals
15. Ortho-McNeil Pharmaceutical Services Division
16. Ortho-McNeil Neurologic
17. Patriot Pharmaceuticals, LLC
18. Pricara, Ortho-McNeil-Janssen Pharmaceuticals
19. Alza Corp.
20. Alza Development Corp.
21. Janssen Supply Chain, Alza Corp.
22. Noramco, Inc.
23. Tasmanian Alkaloids PTY LTD.
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EXHIBIT K
Settlement Participation Form
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 dated July 21, 2021 (“Janssen Settlement”), and acting through the undersigned authorized official, hereby elects to participate in the Janssen Settlement, release all Released Claims against all Released Entities, and agrees as follows.
1. The Governmental Entity is aware of and has reviewed the Janssen Settlement, understands that all terms in this Election and Release have the meanings defined therein, and agrees that by this Election, the Governmental Entity elects to participate in the Janssen Settlement and become a Participating Subdivision as provided therein.
2. The Governmental Entity shall, within 14 days of the Reference Date and prior to the filing of the Consent Judgment, dismiss with prejudice any Released Claims that it has filed.
3. The Governmental Entity agrees to the terms of the Janssen Settlement pertaining to Subdivisions as defined therein.
4. By agreeing to the terms of the Janssen Settlement and becoming a Releasor, the Governmental Entity is entitled to the benefits provided therein, including, if applicable, monetary payments beginning after the Effective Date.
5. The Governmental Entity agrees to use any monies it receives through the Janssen Settlement solely for the purposes provided therein.
6. The Governmental Entity submits to the jurisdiction of the court in the Governmental Entity’s state where the Consent Judgment is filed for purposes limited to that court’s role as provided in, and for resolving disputes to the extent provided in, the Janssen Settlement.
7. The Governmental Entity has the right to enforce the Janssen Settlement as provided therein.
SPECIMEN
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8. The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for all purposes in the Janssen Settlement, including but not limited to all provisions of Section IV (Release), 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 Released Entity in any forum whatsoever. The releases provided for in the Janssen Settlement are intended by the Parties to be broad and shall be interpreted so as to give the Released Entities the broadest possible bar against any liability relating in any way to Released Claims and extend to the full extent of the power of the Governmental Entity to release claims. The Janssen Settlement shall be a complete bar to any Released Claim.
9. In connection with the releases provided for in the Janssen Settlement, 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:
General Release; extent. A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.
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 each Governmental Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges, upon the Effective Date, 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 Entities’ decision to participate in the Janssen Settlement.
10. Nothing herein is intended to modify in any way the terms of the Janssen Settlement, to which Governmental Entity hereby agrees. To the extent this Election and Release is interpreted differently from the Janssen Settlement in any respect, the Janssen Settlement controls.
SPECIMEN
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I have all necessary power and authorization to execute this Election and Release on behalf of the Governmental Entity.
Signature: _____________________________
Name: _____________________________
Title: _____________________________
Date: _____________________________
SPECIMEN
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EXHIBIT L
Settlement Fund Administrator
This Exhibit L will be appended to the Agreement prior to the Initial Participation Date pursuant to subsection I.66.
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EXHIBIT M
Settlement Payment Schedule
NOTES:
1. Any adjustments to attorneys’ fees and costs will be addressed in the separate attorneys’ fees and costs agreement.
Payment
# /Year
Suspension Atty Fee,
Costs &
Additional
Restitution
Amount
Base
Incentives
A, B & C
(maximum)
Incentive D
(Lookback
Payment)
Credit Total
Applies to:
Payment
1 ED+90
days
None $103,244,576 $282,175,271 --- --- $14,580,153 $400,000,000 Payment
2 July 2022
None --- $658,320,615 --- --- --- $658,320,615
Payment
3 July 2023
Bonus $93,629,192 --- $526,905,161 --- $71,145,032 $691,679,385 Payment
4 July 2024
Bonus $93,629,191 $259,273,971 $549,768,597 --- $47,328,241 $950,000,000 Payment
5 July 2025
Bonus $43,720,414 $262,463,219 $634,274,384 --- $59,541,983 $1,000,000,000 Payment
6 July 2026
Bonus $43,720,414 $105,720,216 $54,325,273 --- $12,900,764 $216,666,667 Payment
7 July 2027
Bonus &
lookback $43,720,414 $63,074,061 $54,325,273 $42,646,154 $12,900,765 $216,666,667 Payment
8 July 2028
Bonus &
lookback $43,720,414 $63,074,060 $54,325,272 $42,646,154 $12,900,766 $216,666,666 Payment
9 July 2029
Bonus &
lookback --- $82,748,246 $78,371,501 $42,646,154 $12,900,766 $216,666,667 Payment
10 July 2030
Base, bonus
& lookback --- $82,748,248 $78,371,500 $42,646,154 $12,900,765 $216,666,667 Payment
11 July 2031
Base, bonus
& lookback --- $82,748,248 $78,371,500 $42,646,153 $12,900,765 $216,666,666 Total $465,384,615 $1,942,346,155 $2,109,038,461 $213,230,769 $270,000,000 $5,000,000,000
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2. The attorneys’ fees and costs included in the schedule include the Additional Restitution Amount, which will be paid in lieu of attorneys’ fees to Settling States listed on Exhibit N.
3. Any offsets under Section V would also be deducted from the base, Incentive B & C maximum, and Incentive D lookback payments and applied proportionately to all payments.
4. Accelerated payments for Incentive A would adjust figures for base and Incentive B & C payments.
5. The dates of payments shown on the schedule are approximate, and will be determined by subsection V.B.1.
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EXHIBIT N
Additional Restitution Amount Allocation
Alabama 2.1169269268%
Alaska 0.3443798454%
American Samoa 0.0219613287%
Arizona 2.9452135100%
California 13.1510781360%
Colorado 2.1897380150%
Connecticut 1.7275419499%
Delaware 0.6508743856%
District of Columbia 0.2811929384%
Georgia 3.7040606512%
Guam 0.0665280480%
Hawaii 0.4710748102%
Illinois 4.3924998997%
Indiana 2.7750263890%
Iowa 1.0610119129%
Kansas 1.0960862986%
Louisiana 2.0857625133%
Maine 0.7470015721%
Maryland 2.6658205590%
Massachusetts 2.9180077435%
Michigan 4.3144215263%
Minnesota 1.7616910858%
Missouri 2.5748706956%
Montana 0.4612247807%
N. Mariana Islands 0.0240110183%
Nebraska 0.5931074216%
New York 8.4314865530%
North Carolina 4.1880762974%
North Dakota 0.2646479540%
Oregon 1.8098698760%
Pennsylvania 5.6817646992%
Rhode Island 0.6444665757%
South Carolina 2.0610356358%
Tennessee 3.3570652958%
Texas 10.8573789344%
Utah 1.5481963920%
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Vermont 0.3893298238%
Virgin Islands 0.0453295506%
Virginia 3.0182689455%
Wisconsin 2.2927931680%
Wyoming 0.2691763371%
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EXHIBIT O
Adoption of a State-Subdivision Agreement
A State-Subdivision Agreement shall be applied if it meets the requirements of Section VI and is approved by the State and by the State’s Subdivisions as follows:
1. Requirements for Approval. A State-Subdivision Agreement shall be deemed as agreed to when it has been approved by the State and either (a) Subdivisions whose aggregate “Population Percentages,” determined as set forth below, total more than sixty percent (60%), or (b) Subdivisions whose aggregate Population Percentages total more than fifty percent (50%) provided that these Participating Subdivisions also represent fifteen percent (15%) or more of the State’s counties or parishes (or, in the case of Settling States whose counties and parishes do not function as local governments, 15% of or more of the Settling State’s non-county Subdivisions), by number.
2. Approval Authority. Approval by the State shall be by the Attorney General. Approval by a Subdivision shall be by the appropriate official or legislative body pursuant to the required procedures for that Subdivision to agree to a legally binding settlement.
3. Population Percentage Calculation. For purposes of this Exhibit O only, Population Percentages shall be determined as follows: For States with functional counties or parishes3, the Population Percentage of each county or parish shall be deemed to be equal to (a) (1) 200% of the population of such county or parish, minus (2) the aggregate population of all Primary Incorporated Municipalities located in such county or parish, divided by (b) 200% of the State’s population. A “Primary Incorporated Municipality” means a city, town, village or other municipality incorporated under applicable state law with a population of at least 25,000 that is not located within another incorporated municipality. The Population Percentage of each Primary Incorporated Municipality shall be equal to its population (including the population of any incorporated or unincorporated municipality located therein) divided by 200% of the State’s population; provided that the Population Percentage of a Primary Incorporated Municipality that is not located within a county shall be equal to 200% of its population (including the population of any incorporated or unincorporated municipality located therein) divided by 200% of the State’s population. For all States that do not have functional counties or parishes, the Population Percentage of each non-county Subdivision (including any incorporated or unincorporated municipality located therein), shall be equal to its population divided by the State’s population.
4. Preexisting Agreements and Statutory Provisions. A State may include with the notice to its Subdivisions an existing agreement, a proposed agreement, or statutory provisions regarding the distribution and use of settlement funds and have the acceptance of such an agreement or statutory provision be part of the requirements to be an Initial Participating Subdivision.
3 Certain states do not have counties or parishes that have functional governments, including: Alaska, Connecticut, Massachusetts, Rhode Island, and Vermont.
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5. Revised Agreements. A State-Subdivision Agreement that has been revised, supplemented, or refined shall be applied if it meets the requirements of Section VI and is approved by the State and by the State’s Subdivisions pursuant to the terms above.
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EXHIBIT P
Injunctive Relief
A. Definitions Specific to this Exhibit
1. “Cancer-Related Pain Care” means care that provides relief from pain resulting from a patient’s active cancer or cancer treatment as distinguished from treatment provided during remission.
2. “Janssen” means Johnson & Johnson, Janssen Pharmaceuticals, Inc., Ortho- McNeil-Janssen Pharmaceuticals, Inc., and Janssen Pharmaceutica, Inc. (collectively, “Janssen”), including all of their subsidiaries, predecessors, successors, current officers, directors, employees, representatives, agents, affiliates, parents, and assigns acting on behalf of Janssen in the United States.
3. “End-of-Life Care” means care for persons with a terminal illness or at high risk for dying in the near future in hospice care, hospitals, long-term care settings, or at home.
4. “Health Care Provider” means any U.S.-based physician or other health care practitioner who is licensed to provide health care services or to prescribe pharmaceutical products and any medical facility, practice, hospital, clinic, or pharmacy.
5. “In-Kind Support” means payment or assistance in the form of goods, commodities, services, or anything else of value.
6. “Lobby” and “Lobbying” shall have the same meaning as “lobbying activities” and “lobbying contacts” under the federal lobbying disclosure act, 2 U.S.C. § 1602 et seq., and any analogous state or local provisions governing the person or entity being lobbied. As used in this document, “Lobby” and “Lobbying” include Lobbying directly or indirectly, through grantees or Third Parties.
7. “Opioid(s)” means all naturally occurring, synthetic, or semisynthetic substances that interact with opioid receptors and act like opium. For the avoidance of doubt, the term “Opioid(s)” does not include Imodium.
8. “Opioid Product(s)” means all current and future medications containing Opioids approved by the U.S. Food & Drug Administration (FDA) and listed by the DEA as Schedule II, III, or IV drugs pursuant to the federal Controlled Substances Act (including but not limited to buprenorphine, codeine, fentanyl, hydrocodone, hydromorphone, meperidine, methadone, morphine, oxycodone, oxymorphone, tapentadol, and tramadol). The term “Opioid Products(s)” shall not include (i) methadone and other substances when used exclusively to treat opioid abuse, addiction, or overdose; or (ii) raw materials, immediate precursors, and/or active pharmaceutical ingredients (APIs) used in the manufacture or study of Opioids or Opioid Products, but only when such materials, immediate precursors, and/or
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APIs are sold or marketed exclusively to DEA-licensed manufacturers or DEA- licensed researchers.
9. “OUD” means opioid use disorder defined in the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition (DSM–5), as updated or amended.
10. “Product(s) for the Treatment of Opioid-Induced Side Effects” means any over- the-counter or prescription remedy used to treat those side effects identified on the FDA label for any Opioid Product, except that, for purposes of the Agreement, Product(s) for the Treatment of Opioid-Induced Side Effects shall not include products that treat OUD or respiratory depression.
11. “Promote,” “Promoting,” “Promotion,” and “Promotional” means dissemination of information or other practices intended or reasonably anticipated to increase sales, prescriptions, or that attempts to influence prescribing practices in the United States. These terms shall not include the provision of scientific information or data in response to unsolicited requests from Health Care Providers or payors as allowed in subsection C.2.e-h.
12. “Third Party(ies)” means any person or entity other than Janssen or a government entity.
13. “Treatment of Pain” means the provision of therapeutic modalities to alleviate or reduce pain.
14. “Unbranded Information” means any information that does not identify a specific branded or generic product.
B. Ban on Selling and Manufacturing Opioids
1. Janssen shall not manufacture or sell any Opioids or Opioid Products for distribution in the United States. Janssen represents that prior to the Effective Date, it de-listed all of its Opioid Products and no longer ships any of them to or within the United States. Janssen shall provide notice to the Settling States when the last of the inventory Janssen has shipped has expired.
2. Notwithstanding subsection B.1, above, Janssen may continue to manufacture Nucynta and Nucynta ER (collectively “Nucynta”) in accordance with the terms of its April 2, 2015 contract with Depomed, Inc., rights to which were assigned to Collegium Pharmaceutical, Inc. (“Collegium”) on February 13, 2020, so long as Janssen is not Promoting Nucynta, or selling Nucynta to anyone other than Collegium. Janssen shall not extend, amend, or otherwise alter the terms of its April 2, 2015 contract or enter into any similar agreement related to Nucynta or any other Opioid or Opioid Product. For the term of its April 2, 2015 contract, or until the expiration of subsection B.1, whichever is shorter, Janssen shall make an annual report to the Settling States showing the amount of Nucynta manufactured in accordance with the April 2, 2015 contract.
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C. Ban on Promotion
1. Janssen shall not engage in Promotion of Opioids or Opioid Products including but not limited to, by:
a. Employing or contracting with sales representatives or other persons to Promote Opioids or Opioid Products to Health Care Providers or patients, or to persons involved in determining the Opioid Products included in formularies;
b. Using speakers, key opinion leaders, thought leaders, lecturers, and/or speaking events for Promotion of Opioids or Opioid Products; c. Sponsoring, or otherwise providing financial support or In-Kind Support to medical education programs for Promotion of Opioids or Opioid Products;
d. Creating, sponsoring, operating, controlling, or otherwise providing financial support or In-Kind Support to any website, network, and/or social or other media account for the Promotion of Opioids or Opioid Products;
e. Creating, sponsoring, distributing, or otherwise providing financial support or In-Kind Support for materials Promoting Opioids or Opioid Products, including but not limited to brochures, newsletters, pamphlets, journals, books, and guides;
f. Creating, sponsoring, or otherwise providing financial support or In-Kind Support for advertisements that Promote Opioids or Opioid Products, including but not limited to internet advertisements or similar content, and providing hyperlinks or otherwise directing internet traffic to advertisements; and
g. Engaging in internet search engine optimization or other techniques designed to Promote Opioids or Opioid Products by improving rankings or making content appear among the top results in an internet search or otherwise be more visible or more accessible to the public on the internet.
2. Notwithstanding subsection C.1 directly above, Janssen may:
a. Maintain a corporate website;
b. Maintain a website for any Opioid Product that contains principally the following content: the FDA-approved package insert, medication guide, and labeling, and a statement directing patients or caregivers to speak with a licensed Health Care Provider;
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c. Provide information or support the provision of information as expressly required by law or any state or federal government agency with jurisdiction in [State];
d. Provide the following by mail, electronic mail, on or through Janssen’s corporate or product websites or through other electronic or digital methods: FDA-approved package insert, medication guide, approved labeling for Opioid Products, or other prescribing information for Opioid Products that are published by a state or federal government agency with jurisdiction in [State];
e. Provide scientific and/or medical information in response to an unsolicited request by a Health Care Provider consistent with the standards set forth in the FDA’s Draft Guidance for Industry, Responding to Unsolicited Requests for Off-Label Information About Prescription Drugs and Medical Devices (Dec. 2011) as updated or amended by the FDA, and Guidance for Industry, Good Reprint Practices for the Distribution of Medical Journal Articles and Medical or Scientific Reference Publications on Unapproved New Uses of Approved Drugs and Approved or Cleared Medical Devices (Jan. 2009) as updated or amended by the FDA; f. Provide a response to any unsolicited question or request from a patient or caregiver, directing the patient or caregiver to the FDA-approved labeling or to speak with a licensed Health Care Provider without describing the safety or effectiveness of Opioids or any Opioid Product or naming any specific provider or healthcare institution; or directing the patient or caregiver to speak with their insurance carrier regarding coverage of an Opioid Product;
g. Provide Health Care Economic Information, as defined at 21 U.S.C. § 352(a), to a payor, formulary committee, or other similar entity with knowledge and expertise in the area of health care economic analysis consistent with standards set forth in the FDA’s Draft Questions and Answers Guidance for Industry and Review Staff, Drug and Device Manufacturer Communications With Payors, Formulary Committees, and Similar Entities (Jan. 2018), as updated or amended by the FDA; h. Provide information relating solely to the pricing of any Opioid Product; i. Sponsor or provide financial support or In-Kind Support for an accredited or approved continuing medical education program required by either an FDA-approved Risk Evaluation and Mitigation Strategy (REMS) program or other federal or state law or regulation applicable in [State] through an independent Third Party, which shall be responsible for the program’s content without the participation of Janssen; and
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j. Provide information in connection with patient support information on co- pay assistance and managing pain in End-of-Life Care and/or Cancer- Related Pain Care relating to the use of Opioids for managing such pain, as long as the information identifies Janssen as the source of the information.
3. Janssen shall not engage in the Promotion of Products for the Treatment of Opioid-Induced Side Effects, including but not limited to:
a. Employing or contracting with sales representatives or other persons to Promote Products for the Treatment of Opioid-Induced Side Effects to Health Care Providers or patients;
b. Using speakers, key opinion leaders, thought leaders, lecturers, and/or speaking events to Promote Products for the Treatment of Opioid-Induced Side Effects;
c. Sponsoring, or otherwise providing financial support or In-Kind Support to medical education programs that Promote Products for the Treatment of Opioid-Induced Side Effects;
d. Creating, sponsoring, or otherwise providing financial support or In-Kind Support for advertisements that Promote Products for the Treatment of Opioid-Induced Side Effects, including but not limited to internet advertisements or similar content, and providing hyperlinks or otherwise directing internet traffic to advertisements.
4. Notwithstanding subsection C.3 directly above, Janssen may Promote Products for the Treatment of Opioid-Induced Side Effects so long as such Promotion does not associate the product with Opioids or Opioid Products.
5. Treatment of Pain
a. Janssen shall not, either through Janssen or through Third Parties, engage in any conduct that Promotes the Treatment of Pain, except that Janssen may continue to Promote the Treatment of Pain with branded non- Opioids, including Tylenol and Motrin.
b. Janssen shall not, either through Janssen or through Third Parties, engage in any conduct that Promotes the concept that pain is undertreated, except in connection with Promoting the use of branded non-Opioids, including Tylenol and Motrin, for the Treatment of Pain.
c. Janssen shall not disseminate Unbranded Information, including Unbranded Information about a medical condition or disease state, that contains links to branded information about Opioid Products or that otherwise Promotes Opioids or Opioid Products.
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6. Notwithstanding subsection C.5 above:
a. Janssen may Promote or provide educational information about the Treatment of Pain with non-Opioids or therapies such as acetaminophen or non-steroidal anti-inflammatory drugs (NSAIDs), including Promoting or providing educational information about such non-Opioids or therapies as alternatives to Opioid use, or as part of multimodal therapy which may include Opioid use, so long as such non-Opioid Promotional or educational information does not Promote Opioids or Opioid Products. b. Janssen may provide educational information about the Treatment of Pain related to medical procedures involving devices manufactured or sold by Janssen, including educational information about Opioids or Opioid Products, so long as such information does not Promote Opioids or Opioid Products.
7. The Promotional conduct prohibited in subsection C is not prohibited insofar as it relates to the Promotion of Opioids or Opioid Products for Cancer-Related Pain Care or End-of-Life Care only, and so long as Janssen is identified as the sponsor or source of such Promotional conduct.
D. No Financial Reward or Discipline Based on Volume of Opioid Sales
1. Janssen shall not provide financial incentives to its sales and marketing employees or discipline its sales and marketing employees based upon sales volume or sales quotas for Opioid Products;
2. Janssen shall not offer or pay any remuneration (including any kickback, bribe, or rebate) directly or indirectly, to any person in return for the prescribing, sale, use, or distribution of an Opioid Product; and
3. Janssen’s compensation policies and procedures shall ensure compliance with the Agreement.
E. Ban on Funding/Grants to Third Parties
1. Janssen shall not directly or indirectly provide financial support or In-Kind Support to any Third Party that primarily engages in conduct that Promotes Opioids, Opioid Products, or Products for the Treatment of Opioid-Induced Side Effects (subject to subsections C.2, C.4, and C.6), including educational programs or websites that Promote Opioids, Opioid Products, or Products for the Treatment of Opioid-Induced Side Effects, excluding financial support otherwise required by the Agreement, a court order, or by a federal or state agency.
2. Janssen shall not create, sponsor, provide financial support or In-Kind Support to, or otherwise operate or control any medical society or patient advocacy group that primarily engages in conduct that Promotes Opioids, Opioid Products, or Products for the Treatment of Opioid-Induced Side Effects.
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3. Janssen shall not provide links to any Third Party website or materials or otherwise distribute materials created by a Third Party for the purpose of Promoting Opioids, Opioid Products, or Products for the Treatment of Opioid- Induced Side Effects (subject to subsections C.2, C.4, and C.6).
4. Janssen shall not use, assist, or employ any Third Party to engage in any activity that Janssen itself would be prohibited from engaging in pursuant to the Agreement. To the extent Janssen supports trade groups engaged in Lobbying, Janssen shall stipulate that such support not be used for any purpose prohibited by the Agreement.
5. Janssen shall not enter into any contract or agreement with any person or entity or otherwise attempt to influence any person or entity in such a manner that has the purpose or foreseeable effect of limiting the dissemination of information regarding the risks and side effects of using Opioids.
6. Janssen shall not compensate or support Health Care Providers or organizations to advocate for formulary access or treatment guideline changes for the purpose of increasing access to any Opioid Product through third-party payors, i.e., any entity, other than an individual, that pays or reimburses for the dispensing of prescription medicines, including but not limited to managed care organizations and pharmacy benefit managers.
7. No officer or management-level employee of Janssen may concurrently serve as a director, board member, employee, agent, or officer of any entity that primarily engages in conduct that Promotes Opioids, Opioid Products, or Products for the Treatment of Opioid-Induced Side Effects. For the avoidance of doubt, nothing in this provision shall preclude an officer or management-level employee of Janssen from concurrently serving on the board of a hospital.
8. Janssen shall play no role in appointing persons to the board, or hiring persons to the staff, of any entity that primarily engages in conduct that Promotes Opioids, Opioid Products, or Products for the Treatment of Opioid-Induced Side Effects.
For the avoidance of doubt, nothing in this paragraph shall prohibit Janssen from fully and accurately responding to unsolicited requests or inquiries about a person’s fitness to serve as an employee or Board member at any such entity.
F. Lobbying Restrictions
1. Janssen shall not Lobby for the enactment of any federal, state, or local legislative or regulatory provision that:
a. Encourages or requires Health Care Providers to prescribe Opioids or sanctions Health Care Providers for failing to prescribe Opioids or failing to treat pain with Opioids;
b. Has the effect of limiting access to any non-Opioid alternative pain treatments; or
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c. Pertains to the classification of any Opioid or Opioid Product as a scheduled drug under the Controlled Substances Act.
2. Janssen shall not Lobby against the enactment of any federal, state or local legislative or regulatory provision that supports:
a. The use of non-pharmacologic therapy and/or non-Opioid pharmacologic therapy to treat chronic pain over or instead of Opioid use, including but not limited to third party payment or reimbursement for such therapies; b. The use and/or prescription of immediate release Opioids instead of extended release Opioids when Opioid use is initiated, including but not limited to third party reimbursement or payment for such prescriptions; c. The prescribing of the lowest effective dose of an Opioid, including but not limited to third party reimbursement or payment for such prescription; d. The limitation of initial prescriptions of Opioids to treat acute pain; e. The prescribing and other means of distribution of naloxone to minimize the risk of overdose, including but not limited to third party reimbursement or payment for naloxone;
f. The use of urine testing before starting Opioid use and annual urine testing when Opioids are prescribed, including but not limited to third party reimbursement or payment for such testing;
g. Evidence-based treatment (such as using medication-assisted treatment with buprenorphine or methadone in combination with behavioral therapies) for OUD, including but not limited to third party reimbursement or payment for such treatment; or
h. The implementation or use of Opioid drug disposal systems.
3. Janssen shall not Lobby against the enactment of any federal, state or local legislative or regulatory provision expanding the operation or use of PDMPs, including but not limited to provisions requiring Health Care Providers to review PDMPs when Opioid use is initiated and with every prescription thereafter.
4. Notwithstanding the foregoing restrictions in subsections F.1-3, the following conduct is not restricted:
a. Challenging the enforcement of or suing for declaratory or injunctive relief with respect to legislation, rules, or regulations referred to in subsection F.1;
b. Communications made by Janssen in response to a statute, rule, regulation, or order requiring such communication;
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c. Communications by a Janssen representative appearing before a federal or state legislative or administrative body, committee, or subcommittee as a result of a mandatory order or subpoena commanding that person to testify;
d. Responding, in a manner consistent with the Agreement, to an unsolicited request for input on the passage of legislation or the promulgation of any rule or regulation when such request is submitted in writing specifically to Janssen from a government entity directly involved in the passage of that legislation or promulgation of that rule or regulation; or e. Lobbying for or against provisions of legislation or regulation that address other subjects in addition to those identified in subsections F.1-3, so long as the company does not support specific portions of such legislation or regulation covered by subsection F.1 or oppose specific portions of such legislation or regulation covered by subsections F.2-3.
5. Janssen shall provide notice of the prohibitions in subsection F to all employees engaged in Lobbying; shall incorporate the prohibitions in subsection F into trainings provided to Janssen employees engaged in Lobbying; and shall certify to the Settling States that it has provided such notice and trainings to Janssen employees engaged in Lobbying.
G. Ban on Prescription Savings Programs
1. Janssen shall not directly or indirectly offer any discounts, coupons, rebates, or other methods which have the effect of reducing or eliminating a patient’s co- payments or the cost of prescriptions (e.g., free trial prescriptions) for any Opioid Product.
2. Janssen shall not directly or indirectly provide financial support to any Third Party for discounts, coupons, rebates, or other methods which have the effect of reducing or eliminating a patient’s co-payments or the cost of prescriptions (e.g., free trial prescriptions) for any Opioid Product.
3. Janssen shall not directly or indirectly assist patients, Health Care Providers, or pharmacies with the claims and/or prior authorization process required for third- party payors to approve payment for any Opioid Product.
H. General Terms
1. Janssen shall not make any written or oral statement about Opioids or any Opioid Product that is unfair, false, misleading, or deceptive as defined under the law of [State]. For purposes of this paragraph, “Opioid Product” shall also include methadone and other substances when used exclusively to treat opioid abuse, addiction, or overdose.
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2. Janssen shall not represent that Opioids or any Opioid Product(s) have approvals, characteristics, uses, benefits, or qualities that they do not have. For purposes of this paragraph, “Opioid Product” shall also include methadone and other substances when used exclusively to treat opioid abuse, addiction, or overdose.
3. For the avoidance of doubt, the Agreement shall not be construed or used as a waiver or limitation of any defense otherwise available to Janssen in any action, and nothing in the Agreement is intended to or shall be construed to prohibit Janssen in any way whatsoever from taking legal or factual positions with regard to any Opioid Product(s) in defense of litigation or other legal proceedings.
4. Upon the request of the [State] Attorney General, Janssen shall provide the [State] Attorney General with copies of the following, within thirty (30) calendar days of the request:
a. Any litigation or civil or criminal law enforcement subpoenas or Civil Investigative Demands relating to Janssen’s Opioid Product(s); and b. Warning or untitled letters issued by the FDA regarding Janssen’s Opioid Product(s) and all correspondence between Janssen and the FDA related to such letters.
5. The Agreement applies to conduct that results in the Promotion of Opioids or Opioid Products, or the Treatment of Pain inside the United States.
6. Janssen will enter into the Agreement solely for the purpose of settlement, and nothing contained therein may be taken as or construed to be an admission or concession of any violation of law, rule, or regulation, or of any other matter of fact or law, or of any liability or wrongdoing, all of which Janssen expressly denies. No part of the Agreement, including its statements and commitments, shall constitute evidence of any liability, fault, or wrongdoing by Janssen. The Agreement is not intended for use by any third party for any purpose, including submission to any court for any purpose.
7. Nothing in the Agreement shall be construed to limit or impair Janssen’s ability to:
a. Communicate its positions and respond to media inquiries concerning litigation, investigations, reports or other documents or proceedings relating to Janssen or its Opioid Products.
b. Maintain a website explaining its litigation positions and responding to allegations concerning its Opioid Products, including the website, www.factsaboutourprescriptionopioids.com.
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I. Compliance with All State Laws and Regulations Relating to the Sale, Promotion, and Distribution of Any Opioid Product
1. Janssen shall comply with all applicable state laws and regulations that relate to the sale, promotion, distribution, and disposal of Opioids or Opioid Products, including conduct permitted by subsection B.2, provided that nothing in this paragraph requires Janssen to violate federal law or regulations, including but not limited to:
a. [State] Controlled Substances Act, including all guidance issued by the applicable state regulator(s);
b. [State] Consumer Protection Laws;
c. [State] laws, regulations, and guidelines related to opioid prescribing, distribution, and disposal; and
d. [State Specific Laws].
J. Clinical Data Transparency
1. Janssen agrees to continue sharing clinical trial data under the Yale University Open Data Access (YODA) Project to allow researchers qualified under the program to access the company’s proprietary data under the terms of the project.
2. In the event Yale University discontinues or withdraws from the YODA Project agreement with Janssen, Janssen shall make its clinical research data regarding Opioids and Opioid Products, and any additional clinical research data that Janssen sponsors and controls regarding Opioids and Opioid Products, available to an independent entity that is the functional equivalent of the YODA Project under functionally equivalent terms.
K. Enforcement
1. For the purposes of resolving disputes with respect to compliance with this Exhibit, should any of the Settling States have a reasonable basis to believe that Janssen has engaged in a practice that violates a provision of this Exhibit subsequent to the Effective Date, such Settling State shall notify Janssen in writing of the specific objection, identify with particularity the provision of the Agreement that the practice appears to violate, and give Janssen thirty (30) days to respond in writing to the notification; provided, however, that a Settling State may take any action if the Settling State believes that, because of the specific practice, a threat to health or safety of the public requires immediate action.
2. Upon receipt of written notice, Janssen shall provide a good faith written response to the Settling State’s notification, containing either a statement explaining why Janssen believes it is in compliance with this Exhibit of the Agreement, or a detailed explanation of how the alleged violation occurred and a statement
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explaining how Janssen intends to remedy the alleged breach. Nothing in this section shall be interpreted to limit the [State’s] civil investigative demand (“CID”) or investigative subpoena authority, to the extent such authority exists under applicable law, and Janssen reserves all of its rights in responding to a CID or investigative subpoena issued pursuant to such authority. If Janssen notifies the Settling States in writing that two or more Settling States have notified Janssen of alleged violations, the Settling States that provided notice of alleged violations shall work in good faith to collectively resolve the alleged violation with Janssen before taking any enforcement action(s).
3. The Settling States may agree, in writing, to provide Janssen with additional time beyond thirty (30) days to respond to a notice provided under subsection K.1, above, without Court approval.
4. Upon giving Janssen thirty (30) days to respond to the notification described above, the Settling State shall also be permitted reasonable access to inspect and copy relevant, non-privileged, non-work product records and documents in possession, custody, or control of Janssen that relate to Janssen’s compliance with each provision of the Agreement pursuant to that Settling State’s CID or investigative subpoena authority.
5. The Settling State may assert any claim that Janssen has violated the Agreement in a separate civil action to enforce compliance with the Agreement, or may seek any other relief afforded by law for violations of the Agreement, but only after providing Janssen an opportunity to respond to the notification described in subsection K.1, above; provided, however, the Settling State may take any action if the Settling State believes that, because of the specific practice, a threat to the health or safety of the public requires immediate action.
6. In the event of a conflict between the requirements of the Agreement and any other law, regulation, or requirement such that Janssen cannot comply with the law without violating the terms of the Agreement or being subject to adverse action, including fines and penalties, Janssen shall document such conflicts and notify the Settling State of the extent to which it will comply with the Agreement in order to eliminate the conflict within thirty (30) days of Janssen’s discovery of the conflict. Janssen shall comply with the terms of the Agreement to the fullest extent possible without violating the law.
7. Janssen or any Settling State may request that Janssen and any Settling State meet and confer regarding the resolution of an actual or potential conflict between the Agreement and any other law, or between interpretations of the Agreement by different courts. Nothing herein is intended to modify or extend the jurisdiction of any single judicial authority as provided by law.
L. Compliance Duration
1. Subsections B-J shall be effective for 10 years from the Effective Date.
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2. Nothing in this Agreement shall relieve Janssen of its independent obligation to fully comply with the laws of [State] after expiration of the 10-year period specified in this subsection.
M. Compliance Deadlines
1. Janssen must be in full compliance with the provisions included this Agreement by the Effective Date. Nothing herein shall be construed as permitting Janssen to avoid existing legal obligations.
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EXHIBIT Q
Non-Released Entities
The following includes a non-exclusive list of non-Released Entities:
1. Actavis LLC
2. Actavis Pharma, Inc.
3. Allergan PLC
4. Allergan Finance, LLC
5. AmerisourceBergen Corporation
6. AmerisourceBergen Drug Corporation
7. Anda, Inc.
8. Cardinal Health, Inc.
9. Cephalon, Inc.
10. Collegium Pharmaceuticals
11. CVS Health Corp.
12. CVS Pharmacy, Inc.
13. Endo Pharmaceuticals Inc.
14. Endo Health Solutions Inc.
15. Mallinckrodt LLC
16. McKesson Corporation
17. McKinsey & Company Inc.
18. Par Pharmaceutical, Inc.
19. Par Pharmaceutical Companies, Inc.
20. Purdue Pharma L.P.
21. Purdue Pharma Inc.
22. SpecGx LLC
23. Teva Pharmaceuticals USA, Inc.
24. The Purdue Frederick Company
25. Walgreen Co.
26. Walgreens Boots Alliance, Inc.
27. Walmart Inc.
28. Watson Laboratories, Inc.
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EXHIBIT R
Agreement on Attorneys’ Fees, Costs, and Expenses
This Agreement on Attorneys’ Fees, Expenses and Costs (“Fee Agreement”), is entered between Janssen and the Plaintiffs’ Executive Committee appointed in the multidistrict litigation in the Northern District of Ohio, In re National Prescription Opiate Litigation, No. 1:17-MD- 2804 (“MDL PEC”), in connection with the Janssen Master Settlement Agreement (“Janssen Agreement”). This Fee Agreement becomes effective on the Effective Date of the Janssen Agreement or the date that the Consent Judgments anticipated under the Janssen Agreement become final in 25 Settling States (whichever is later). However, the costs specified in paragraphs II.I.1 and II.I.4 of this Fee Agreement that are to be funded pre-Effective Date by Janssen are effective upon agreement in writing with Janssen.
I. Definitions
A. This Fee Agreement incorporates all defined terms in the Janssen Agreement, unless otherwise defined herein, and shall be interpreted in a manner consistent with the Janssen Agreement.
B. “Attorney.” Any of the following retained through a legal contract: a solo practitioner, multi-attorney law firm, or other legal representative of a Participating Subdivision.
C. “Attorney Fee Fund.” An account consisting of funds allocated to pay attorneys’ fees approved pursuant to Section II of this Fee Agreement established by Order of and under the ongoing jurisdiction of the MDL Court, as provided below.
D. “Common Benefit Fund.” The sub fund of the Attorney Fee Fund described in Section II.C.
E. “Contingency Fee Fund.” The sub fund of the Attorney Fee Fund described in Section II.D.
F. “Cost and Expense Fund Administrator.” The administrator appointed by the MDL Court to administer the MDL Expense Fund and Litigating Subdivision Cost Fund as provided in the Fee Agreement.
G. “Cost Funds.” Collectively, the MDL Expense Fund and Litigating Subdivision Cost Fund.
H. “Fee Entitlement.” Any right, entitlement or expectation, including but not limited to a fee contract, contingent fee contract, agreement, referral arrangement, co-counsel arrangement, State Back-Stop agreement, or any other arrangement by which counsel could receive compensation or other consideration. For the avoidance of doubt, the scope of Fee Entitlement under paragraph II.G.3.a does not include any Attorneys’ fees associated with representation of a State.
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I. “Fee Panel.” The three-person panel appointed by the MDL Court to administer the Attorney Fee Fund and its sub funds as provided in the Fee Agreement.
J. “Litigating Subdivision Cost Fund.” The cost fund described in Section II.E herein.
K. “MDL Court.” United States District Court for the Northern District of Ohio Eastern Division, Case No. 1:17-md-2804, Judge Dan Aaron Polster.
L. “MDL Expense Fund.” The cost fund described in Section II.F below.
M. “MDL PEC.” The Plaintiffs’ Executive Committee appointed by the MDL Court.
N. “Non-Participating Litigating Subdivision.” A Litigating Subdivision that is not a Participating Subdivision.
O. “Participating Litigating Subdivision.” A Litigating Subdivision that is also a Participating Subdivision.
P. “Participation Agreement.” An agreement executed by an Attorney that acknowledges the obligation to pay an appropriate MDL Common Benefit Assessment.
Q. “Qualifying Representation.” Legal services provided for representation of a Participating Litigating Subdivision regarding Released Claims against Released Entities.
R. “State Back-Stop Agreement.” Any agreement by a Settling State and private counsel for Participating Subdivisions in that State (or legislation enacted in that State) to provide, adjust, or guarantee attorneys’ fees and costs, whether from the Attorney Fee Fund or any other source recognized in the agreement or legislation.
II. Fees and Costs
A. Total Attorneys’ Fees and Costs.
1. Total attorneys’ fees and costs to be paid by Janssen to Attorneys in each of the relevant Payment Years under this Agreement shall be up to the following amounts, subject to the provisions set forth below, including with respect to the division of the Attorney Fee Fund into its sub funds:
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2. The sub funds within the Attorney Fee Fund shall include the Common Benefit Fund and the Contingency Fee Fund. The Cost Funds shall include the MDL Expense Fund, and the Litigating Subdivision Cost Fund. The State Counsel Fee Fund and the State Cost Fund shall be separate funds under the control of the Settling States.
3. The Contingency Fee Fund and the Common Benefit Fund shall be administered by a Fee Panel to be appointed by the MDL Court that will be governed by the provisions of this Fee Agreement and shall design the process and procedures for the allocation of fees pursuant to this Fee Agreement and the MDL Court’s Order. The Cost Funds shall be administered by the Cost and Expense Fund Administrator to be appointed by the MDL Court who will be governed by the provisions of this Fee Agreement and shall design the process and procedures for the allocation of costs pursuant to this Agreement and the MDL Court’s Order.
4. The fees and costs to be paid under this Fee Agreement are available for Attorneys engaged in Qualifying Representations only. Fees and costs to be paid under this Fee Agreement are not available prior to the Effective Date of the Janssen Agreement or if the Janssen Agreement does not proceed past Janssen’s determination in Section VIII.A of the Janssen Agreement. Fees and costs to be paid under this Fee Agreement are not available for representation of Non-Participating Subdivisions or Non-Litigating Subdivisions and are not available for representation of private hospitals, third-party payors, NAS claimants, personal injury/wrongful death claimants, or any entity other than Participating Litigating Subdivisions. In addition, fees and costs under this Fee Agreement are not available for representation of Attorney Fee
Fund
(Contingency
Fee Fund and
Common
Benefit Fund)
MDL Expense
Fund
Litigating
Subdivision Cost
Fund
Payment
Year 3 $64,482,248.52 $10,000,000.00
Payment
Year 4 $43,720,414.21
Payment
Year 7 $43,720,414.21
Payment
Year 6 $43,720,414.21
Payment
Year 5 $43,720,414.21
$10,000,000.00
Payment
Year 2 $35,936,883.63 $10,000,000.00
Payment
Year 1 $32,391,518.74 $9,615,384.61
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any individual or entity in matters other than those claims against Released Entities, but may include a reasonable share of representations that involve development of facts for pursuit of opioid-related claims against multiple defendants in the pharmacy, manufacturing, and distribution chain.
B. Attorney Fee Fund and Sub Funds
1. There shall be a split of the Attorney Fee Fund into the Contingency Fee Fund and the Common Benefit Fund. The split shall be 40% to the Contingency Fee Fund and 60% to the Common Benefit Fund.
2. In no event shall Janssen be required to pay more into the Attorney Fee Fund in any Payment Year than the maximum amount specified for that Payment Year in paragraph II.A.1, which amounts are reflected in Exhibit M to the Janssen Agreement. The amounts allocated to the Contingency Fee Fund and the Common Benefit Fund set by the Fee Panel shall be subject to the reductions and offsets set forth below.
3. Awards of fees from the Contingency Fee Fund shall be available to Attorneys with Qualifying Representations of Participating Litigating Subdivisions eligible to receive an allocation under the Janssen Agreement, as set forth in Exhibit G to the Janssen Agreement, and shall be made applying the Mathematical Model attached as Exhibit “A” to this Fee Agreement. The collection of the data and calculations for the Mathematical Model has been a cooperative effort among private counsel for a large number of Litigating Subdivisions. The analysis has been spearheaded by Joseph Tann and Andrew Arnold. The Fee Panel is encouraged to continue working with those counsel in application of the Model. The Fee Panel shall oversee the application of the Model and resolve any questions or disputes concerning the eligibility of a Counsel to participate as required in Section II.G. The Panel is empowered to hear disputes concerning and ensure the accuracy of the mathematical calculation.
4. As to awards from the Contingency Fee Fund, there shall be no right of appeal.
5. Any appeal of an award of the Fee Panel from the Common Benefit Fund will be made to the MDL Court and be reviewed under an abuse of discretion standard.
C. Common Benefit Fund (60% of the Attorney Fee Fund.)
1. Funds in the Attorney Fee Fund shall be allocated to the Common Benefit Fund according to the schedule set forth below, subject to the adjustments described in paragraph II.C.5. The payments are to be made on the following yearly schedule, subject to the adjustments set forth below:
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Payment Year 1 $19,434,911.24
Payment Year 2 $21,562,130.18
Payment Year 3 $38,689,349.11
Payment Year 4 $26,232,248.53
Payment Year 5 $26,232,248.53
Payment Year 6 $26,232,248.53
Payment Year 7 $26,232,248.53
Total: $184,615,384.64
2. The Common Benefit Fund shall be available to compensate Attorneys engaged in Qualifying Representations of Participating Litigating Subdivisions who:
a. have performed work for the common benefit of all subdivisions pursuant to the guidelines established by Judge Polster set forth in MDL 2804 and the Order dated June 19, 2018, under docket number 636, which is included herein by reference; and
b. satisfy the eligibility criteria set forth in Section II.G.
For purposes of Common Benefit Fund distribution, notwithstanding paragraph II.A.4, Attorneys representing Tribal Nations litigating against Janssen that have reached a settlement for Released Claims with Janssen and/or Released Entities and meet the eligibility criteria in Section II.G shall be eligible.
3. The Common Benefit Fund shall be overseen by the Fee Panel, which shall determine the allocation of funds to eligible Attorneys consistent with this Fee Agreement and the June 19, 2018 Order;
4. In assessing the benefits that an Attorney has conferred to Participating Subdivisions (including non-Litigating Subdivisions) and/or Tribes for purposes of any compensation decision, the Fee Panel shall give significant weight to the extent to which (i) the Attorney and his or her clients have contributed to increasing (or reducing) the Initial Participation Tier achieved through participation in the Janssen Agreement, (ii) the Attorney and his or her clients have contributed to increasing (or reducing) the amounts achieved under Incentive Payments A-D through participation in the Janssen Agreement, and (iii) the Attorney and his or her clients have contributed to the potential triggering of any suspension, reduction, or offset of Settlement payment amounts under the Janssen Agreement. The panel may also consider additional fee recoveries the Attorney may potentially obtain, including, but not limited to, from State Back-Stop Agreements, representations of States or Tribal Nations, representations of other clients in opioids-related matters, or through the representation of Subdivision clients,
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whether they participated in the Janssen Agreement or not. It is the intent of this provision to recognize that the goal of the Janssen Agreement is to provide for maximum participation by the Subdivisions, maximum abatement funding for all Subdivisions nationally, and the maximum peace for Released Entities. Therefore, representing a Non-Participating Subdivision does not further the goal of the Janssen Agreement, and should not be considered Common Benefit because it does not increase funds available to Participating Subdivisions’ abatement programs. Representing Later Litigating Subdivisions is antithetical to the Janssen Settlement, detracts from Common Benefit, and is addressed by the ethics opinion discussed in paragraph II.I.4.
The Fee Panel shall consider this concept of “common detriment” set forth in this paragraph in all of its decision making with respect to the allocation of the Attorney Fee Fund among Attorneys, as well as, in its discretion, any offsets provided to Janssen as set forth in paragraph II.C.6 and Section II.H. The Fee Panel shall consider the totality of the Attorney’s Participating Litigating Subdivisions as compared to the Attorney’s Non-Participating Litigating Subdivisions; the Parties recognize that, although the goal is for 100% participation, Attorneys with a higher number of clients have a higher probability of having one or more non-Participating Litigating Subdivision.
As used in this paragraph II.C.4, “client” or “representing” a Subdivision shall include any Litigating Subdivision as to which the Attorney has a Fee Entitlement.
5. As set forth in paragraph II.C.6 and Section II.H, the Fee Panel must consider the factors described in paragraph II.C.4 to determine how and whether to reduce the amounts to be paid by Janssen under this Fee Agreement and to determine how to allocate funds among Attorneys. They may also, at their discretion, consider other factors. Any reduction in payment obligation or credit to be given Janssen in this Fee Agreement shall be applied against Payment Year 7 and working backwards. Any reduction to an Attorney not credited to Janssen shall be allocated to attorneys whose Litigating Subdivision clients participated in the settlement by the Initial Participation Date.
6. The amounts to be provided as a credit or offset to Janssen from the Common Benefit Fund shall depend on the relevant Participation Tier achieved, set forth in Exhibit H of the Janssen Agreement, as follows:
a. At Participation Tier 1 or below, the Common Benefit Fund payments to be paid by Janssen shall be reduced as follows:
i. With respect to any Attorney seeking payment from the Common Benefit Fund, the Fee Panel shall compare the aggregate allocation that Participating Litigating Subdivisions with which the Attorney has a Fee Entitlement would receive using the negotiating class allocation metrics with the aggregate amount that all Litigating Subdivisions (Participating and Non-Participating) with which the Attorney has a
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Fee Entitlement would receive using the negotiating class allocation metrics, provided that only Litigating Subdivisions in Settling States shall be considered for this ratio. The Fee Panel will multiply the amount to be paid to that Attorney from the Common Benefit Fund by that ratio, reduce the Attorney’s award by a maximum reduction of 15%, and the dollar amount of such reduction shall be deducted, dollar-for-dollar, from the amount owed by Janssen to the Common Benefit Fund of the Attorney Fee Fund.
ii. In the event that any Non-Participating Subdivision that is (a) under the jurisdiction of the MDL Court or (b) represented by an Attorney that is obligated to pay into the MDL Common Benefit Fund pursuant to a Participation Agreement, an order of the MDL Court, or any other arrangement settles with or wins a judgment against a Released Entity separate from the Janssen Agreement, and such settlement or judgment results in a common benefit fee assessment or fee payment into the MDL Common Benefit Fund during the time of Janssen’s obligation to pay fees under this Fee Agreement, Janssen’s obligation to pay into the Common Benefit Fund shall be reduced dollar-for-dollar for any amount of such fee assessments or payments (in the aggregate based on all reductions in this subparagraph II.C.6.a.ii) that exceed the reductions in subparagraph II.C.6.a.i.
iii. For the avoidance of doubt, in Tier 1 for each settlement or judgment with Janssen that results in an assessment or payment to the MDL Common Benefit Fund, that payment shall result in an offset for Janssen, unless the assessment or payment occurs after the Payment Date for Year 7.
b. At Participation Tier 2, the Common Benefit Fund payments to be made by Janssen shall be reduced only as follows:
i. Reduction by the Fee Panel. With respect to all Attorneys making an application that seeks payment from the Common Benefit Fund, the Fee Panel shall, following a determination that an Attorney is eligible under Section II.G, apply the criteria specified in paragraph II.C.4 in determining whether the lack of participation by Subdivisions with which an Attorney has a Fee Entitlement has resulted in a reduction in the Participation Tier achieved, reduction in benefit to Participating Subdivisions as a result of reductions in Incentives A-D, and/or potential triggering of a suspension, reduction, or offset under the Janssen Agreement. If the Fee Panel concludes that such a reduction has occurred, it must consider (1) the relative size of the Non- Participating Subdivision, as adjusted by the severity measures reflected in Exhibit H (governing the Participation Tiers) of the Janssen Agreement, and the impact of its non-participation on the
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Janssen Agreement as a whole (including amounts of Incentive Payments and triggering of suspensions, reductions, or offsets); (2) whether and by how much the payment to the Attorney from the Common Benefit Fund should be reduced as a result of the impact of such non-participation on Participating Subdivisions; and (3) whether some or all of said reduction should revert to Janssen due to the reduction in peace obtained from the Janssen Agreement.
Consideration of the factors discussed in this subparagraph and paragraph II.C.4 is mandatory. The decision whether to (and by how much) to reduce payments by Janssen or to reduce the payment to any Attorney based on the factors in paragraph II.C.4 shall be in the sole discretion of the Fee Panel.
ii. Offsets.
(1) In the event that any Non-Participating Subdivision that is (a) under the jurisdiction of the MDL Court or (b) represented by an Attorney that is obligated to pay into the MDL Common Benefit Fund pursuant to a Participation Agreement, an order of the MDL Court, or any other arrangement settles with or wins a judgment against a Released Entity separate from the Janssen Agreement, and such settlement or judgment results in a common benefit fee assessment or fee payment into the MDL Common Benefit Fund during the time of Janssen’s obligation to pay Common Benefit Fees under this Fee Agreement, Janssen’s obligation to pay into the Common Benefit Fund shall be reduced dollar-for-dollar up to the amount of the fee assessment or payment, except that such amount shall be capped at 7.5% of the amount of the settlement or judgment. Such reduction shall be taken first from Payment Year 7 of Janssen’s payments to the Common Benefit Fund of the Attorney Fee Fund up to the full amount of Janssen’s payment obligation in Payment Year 7, then from Payment Year 6, and so on.
(2) For the avoidance of doubt, for each settlement or judgment with Janssen that results in an assessment or payment to the MDL Common Benefit Fund, that payment shall result in an offset for Janssen, unless the assessment or payment occurs after the Payment Date for Payment Year 7.
c. At Participation Tier 3, the reductions to the Attorney Fee Fund shall be the same as set forth in subparagraph II.C.6.b, except that the cap on each offset shall be 5% of the amount of such settlement or judgment. d. At Participation Tier 4, there shall be no reductions to Janssen’s obligations to make payment into the Common Benefit Fund, but the principles set forth in paragraph II.C.4 shall continue to apply.
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D. Contingency Fee Fund. (40% of the Attorney Fee Fund.)
1. Funds from the Attorney Fee Fund shall be allocated to the Contingency Fee Fund on the following yearly schedule, subject to the adjustments set forth below:
Payment Year 1 $12,956,607.50
Payment Year 2 $14,374,753.45
Payment Year 3 $25,792,899.41
Payment Year 4 $17,488,165.68
Payment Year 5 $17,488,165.68
Payment Year 6 $17,488,165.68
Payment Year 7 $17,488,165.68
Total: $123,076,923.09
2. The Contingency Fee Fund shall be available to compensate Attorneys engaged in Qualifying Representations of Participating Litigating Subdivisions that meet the criteria set forth in Section II.G.
3. The Contingency Fee Fund shall be available to Attorneys who a. represent Litigating Subdivisions that are Participating Subdivisions, whether their actions are filed in state or federal court, and b. meet the eligibility criteria of Section II.G.
c. Participation in the Contingency Fee Fund by counsel that have a case that is not subject to the jurisdiction of the MDL Court shall not create, provide, or waive jurisdiction of the MDL Court over that Litigating Subdivision, that case or Attorneys, other than to oversee the fairness of the distribution process, and enforcement of this Fee Agreement.
4. The amounts owed by Janssen to the Contingency Fee Fund shall depend on the relevant Participation Tier set forth in Exhibit H of the Janssen Agreement as follows:
a. At Participation Tiers 1, 2 and 3, the Contingency Fee Fund payments shall be reduced as follows:
i. For Non-Settling States, the Contingency Fee Fund payments shall first be reduced by the amounts identified by the Fee Panel, pursuant to paragraph II.H.6, that would have been owed to counsel for Litigating Subdivisions in Non-Settling States, had those States and those Litigating Subdivisions been Settling States and Participating Subdivisions.
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ii. Following the calculation in subparagraph II.D.4.a.i, the Contingency Fee Fund payments shall be reduced to reflect the non-joinder of Litigating Subdivisions in Settling States by subtracting the amounts identified by the Fee Panel, pursuant to paragraph II.H.6, that would have been owed to counsel for Non-Participating Litigating Subdivisions in Settling States had such Litigating Subdivisions been Participating Subdivisions.
b. At Participation Tier 4, there shall be no reductions in the Contingency Fee Fund.
c. In the event that Janssen, prior to the Effective Date of the Janssen Agreement, settles with any Litigating Subdivision and, under such settlement agreement pays attorneys’ fees, the Fee Panel shall treat those Litigating Subdivisions as Participating Litigating Subdivisions and, applying the same criteria applicable to all Attorneys for Participating Litigating Subdivisions, determine what amount they would have been paid from the Contingency Fee Fund if they had become Participating Subdivisions under the Janssen Agreement without such prior settlement.
That sum, rather than being paid to the Attorney for the previously settling Litigating Subdivision, shall be credited and/or returned to Janssen as if determined under (a)(ii) above, except that such credit shall not be greater than the amount to the Attorneys paid under the Litigating Subdivision’s prior settlement agreement.
E. Litigating Subdivision Cost Fund.
1. Janssen shall pay $30,000,000.00 into the Litigating Subdivision Cost Fund, according to the schedule set forth below:
Payment Year 1 $10,000,000.00
Payment Year 2 $10,000,000.00
Payment Year 3 $10,000,000.00
Total $30,000,000.00
2. The Litigating Subdivision Cost Fund shall be available to compensate Attorneys for costs and expenses arising out of representation of Participating Litigating Subdivisions or to compensate Participating Litigating Subdivisions for direct in-house costs for expenditures related to their litigation against Janssen including the cost of in-house employees. No funds in the Litigating Subdivision Cost Fund may be used to compensate the costs incurred by Non- Participating Subdivisions or Non-Litigating Subdivisions or costs and expenses arising out of representation of any such Subdivision. In allocating the Litigating Subdivision Cost Fund, the Administrator shall not allocate any funds for costs incurred after July 21, 2021.
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3. During the period between July 21, 2021, and the Effective Date, the MDL PEC, as well as Litigating Subdivisions eligible to claim costs from the Litigating Subdivision Cost Fund, shall make best efforts to cease litigation activity against Janssen, including by jointly seeking stays or severance of claims against Janssen, where feasible, or postponements if a motion to stay or sever is not feasible or is denied, so long as such actions are not otherwise detrimental to the Litigating Subdivision.
4. In the event that Janssen, prior to the Effective Date of the Janssen Agreement, settles with any Litigating Subdivision and, under such settlement agreement pay costs to the Litigating Subdivision or its Attorney, the MDL Cost and Expense Fund Administrator shall treat those Litigating Subdivisions as Participating Litigating Subdivisions and, using the same criteria applicable to all applicants to the Litigating Subdivision Cost Fund, determine what amount in costs the Litigating Subdivision or its Attorney would have been paid from the Subdivision Cost Fund if they had settled under the Janssen Agreement. That sum, rather than being paid to the Attorney or the previously settling Litigating Subdivision, shall be credited and/or returned to Janssen, except that such sum shall not be greater than the amount paid under the previously settled Litigating Subdivision’s settlement agreement.
5. The MDL Court shall appoint a Cost and Expense Fund Administrator, who shall develop a process and criteria, with input from participating counsel, by which to a) determine the distribution of amounts from the MDL Expense Fund in pursuit of the claims against Janssen; and b) receive and evaluate applications from Participating Litigating Subdivisions, whether filed in Federal Court or State Court, to seek reimbursement from the Litigating Subdivision Cost Fund for eligible costs under Section II.E.2 in pursuit of the claims against Janssen. The Cost and Expense Fund Administrator shall require transparency from all applicants as to any other sources for compensating Attorneys for Litigating Subdivisions for costs incurred. The Cost and Expense Fund Administrator shall be compensated from the Fund.
6. In the event that the total amount of reimbursements from the Litigating Subdivision Cost Fund approved as reasonable by the Cost and Expense Administrator is less than the $30,000,000.00, any remaining funds shall revert to Janssen.
F. MDL Expense Fund.
1. In Payment Year 1 of the Janssen Settlement, Janssen shall pay the following amount into the MDL Expense Fund:
MDL Expense Fund $9,615,384.61
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2. The MDL Expense Fund shall be released following the Effective Date of this Fee Agreement without any delay to reimburse the MDL Counsel for an agreed-to portion of the expenses incurred, as approved by the Cost and Expense Fund Administrator. The MDL Expense Fund will be paid directly to the MDL Cost Account, set up by MDL Order and will be administered under the ongoing jurisdiction of the MDL Court, as provided below. No funds may be used to compensate the costs incurred by Non-Participating Subdivisions or to compensate any Attorney for costs incurred in representing one or more Non-Participating Subdivisions.
3. In allocating the MDL Expense Fund, the Administrator shall not allocate any funds for costs incurred after July 21, 2021, unless the Administrator determines that there are sufficient funds to cover all subdivision costs incurred prior to July 21, 2021 and that special circumstances exist to justify costs incurred following the public announcement of the Janssen Agreement.
G. Eligibility.
1. It is the intention of all parties participating in the Fee Panel process that there should be total transparency to the Fee Panel and to all fund participants. In connection with the process to be developed by the Fee Panel, any and all monies in attorney’s fees, including referral fees, expenses paid, promises for payment, or any other Fee Entitlement, to any applicant in any opioid litigation shall be disclosed to the Fee Panel as a condition of participating in the Attorney Fee Fund and prior to an award from the Fee Panel. Any payment, expectation of payment or perceived entitlement to participate in a State Back-Stop Agreement or any other agreement reached with a Settling State or any Subdivision or any other source regarding payment of fees must be disclosed to the Fee Panel. Similarly, any right to payment from any other fund, for example a fund for payment to lawyers representing Settling States or Tribal Nations or Subdivisions shall be disclosed to the Fee Panel. Because it is anticipated that there will be multiple firms listed on contingent fee agreements with Litigating Subdivisions, the Fee Panel shall establish procedures, with input from Attorneys for Participating Litigating Subdivisions, for who should petition for fees from such groups and to whom the fee shall be paid and thereafter distributed to co-counsel in accordance with applicable agreements. For the avoidance of doubt, all Attorneys that are part of such groups must meet the eligibility criteria in paragraph II.G.3, must be subject to the criteria set forth in paragraph II.C.4, and must be disclosed to the Fee Panel.
2. An Attorney may apply for and recover attorneys’ fees from the Common Benefit Fund, the Contingency Fee Fund, and the Litigating Subdivision Cost Fund and any fund created by a past or future State Back-Stop Agreement, provided the Attorney satisfies the requirements relevant to each such fund and requirements for disclosure to the Fee Panel.
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3. An Attorney may not receive any payment from the Attorney Fee Fund (which includes both the Contingency Fee Fund and the Common Benefit Fund) unless the following eligibility criteria are met and annually certified by the Attorney:
a. The Attorney must expressly waive the enforcement against the Litigating Subdivision client of all Fee Entitlements (other than under State Back- Stop Agreements) arising out of or related to any or all Qualifying Representations of any Participating Litigating Subdivision prior to applying for attorneys’ fees from the Attorney Fee Fund or costs from the Cost Funds. All applications for attorneys’ fees or costs under this Fee Agreement shall include an affirmation by the Attorney of such waiver and notice to the client(s) of such waiver. Such waiver shall not preclude the Attorney from submitting such Fee Entitlements to the Fee Panel as a factor for consideration in allocating payments from the Attorney Fee Fund or in connection with a State Back-Stop Agreement. For the avoidance of doubt, no Attorney may recover fees or costs under this Fee Agreement unless the Attorney expressly agrees not to enforce Fee Entitlements as to each and every Participating Litigating Subdivision represented by that Attorney, but such Attorneys may participate in and receive funds from a State Back-Stop Agreement.
b. The Attorney must represent that s/he has no present intent to represent or participate in the representation of any Later Litigating Subdivision or any Releasor with respect to Released Claims against Released Entities.
c. The Attorney must represent that s/he has not and will not engage in any advertising or solicitation related to Released Claims against Released Entities where such advertising or solicitation relates to a representation that the Attorney could not undertake consistent with the ethics opinion referenced in paragraph II.I.4.
d. The Attorney must represent s/he will not charge or accept any referral fees for any Released Claims brought against Released Entities by Later Litigating Subdivisions. For the avoidance of doubt, this representation shall not prohibit Attorneys from receiving allocated shares of any future common benefit assessments arising out of settlements or judgments with Later Litigating Subdivisions represented by other Attorneys that are the result of the MDL Court’s Common Benefit order.
e. The Attorney may not have and must represent that s/he does not have a Fee Entitlement related to a Later Litigating Subdivision.
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f. The Attorney must certify that s/he has reviewed the ethics opinion referenced in paragraph II.I.4 and will act in conformity with such opinion.
g. The Attorney must fully disclose the participation, or the anticipation of participation, in any agreement with a Settling State or Participating Subdivision concerning fees arising out of or related to the Janssen Agreement, including any fees paid or anticipated to be paid or any State Back-Stop Agreement.
h. The Attorney must identify for the Fee Panel whether s/he utilized state litigation work product or MDL work product, including but not limited to ARCOS data, document repositories, experts developed in the MDL, and deposition transcripts. The Attorney must identify whether s/he signed the MDL Participation Agreement, and for which case(s) it was signed.
i. Any Attorney who applies for fees from one or both Funds must represent that, having exercised his/her independent judgment, s/he believes the Janssen Agreement to be fair and will make or has made best efforts to recommend the Janssen Agreement to his or her Subdivision clients in Settling States. For avoidance of doubt, each Attorney is expected to exercise his or her independent judgment in the best interest of each client individually before determining whether to recommend joining the settlement. All applications for attorneys’ fees or costs under this section shall include an affirmation by the Attorney in compliance with this Subsection.
4. No Attorney receiving fees under this Fee Agreement may apply for or recover from the Attorney Fee Fund fees arising from representing a Non- Settling State or a Non-Participating Subdivision. All applications for attorneys’ fees under this Section shall include an affirmation by the Attorney of compliance with this Section.
5. An Attorney who has filed an application under this section and received an award of attorneys’ fees shall provide a certification of compliance with the Sections of this Fee Agreement annually during the years upon which they are still entitled to receive attorneys’ fee payments.
6. If, at any time, the Attorney is unable to make the representations set forth in this Section, such representations become untrue, or the Attorney falsely represents compliance with the eligibility criteria, the Attorney shall cease to be eligible to receive funds from the Attorney Fee Fund until further review by the Fee Panel of the Attorney’s eligibility under and compliance with this Section II.
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7. If an Attorney has a Fee Entitlement with a Later Litigating Subdivision or otherwise becomes unable to reaffirm compliance with the eligibility criteria set forth above, the Attorney shall notify Janssen and the Fee Panel. For the avoidance of doubt, any Attorney who undertakes any new representation of, or has a Fee Entitlement with, a Later Litigating Subdivision shall be prohibited from receiving any future funds from the Attorney Fee Fund. If an Attorney fails to notify Janssen and the Fee Panel of such Fee Entitlement with a Later Litigating Subdivision, the Attorney shall be required to refund amounts previously paid.
8. In the event that an Attorney is deemed ineligible by the Fee Panel (whether based on its initial application or subsequent recertification), the Fee Panel shall provide notice to the Attorney and give the Attorney 30 days to provide additional information such that the Fee Panel could re-consider the Attorney’s eligibility.
9. To the extent that an Attorney has a Fee Entitlement with a Participating Subdivision and is authorized to bring Released Claims against Released Entities, but such authorization is, in scope, less broad than the category of Released Claims set forth in the Janssen Agreement, such Attorney may participate fully in both the Contingency Fee Fund and the Common Benefit Fund, without any reduction imposed by the Fee Panel due to the scope of the authorization, so long as the Participating Subdivision fully releases all Released Claims against Released Entities.
10. Attorneys applying to the Attorney Fee Fund knowingly and expressly agree to be bound by the decisions of the Fee Panel, subject to the limited appeal rights set forth in this Fee Agreement, and waive the ability to assert the lack of enforceability of the allocation reached through the arbitration procedures outlined herein.
H. Calculation of Amounts Due.
1. The Fee Panel shall be solely responsible for determining the amount of fees to be paid to each Attorney and each Participating Subdivision that applies under this Section. None of the Released Entities shall have any responsibility, obligation, or liability of any kind whatsoever with respect to how attorneys’ fees are calculated under this Section, except that the Fee Panel may receive information from Janssen as to (a) the identity of Participating, Non-Participating, Litigating, Later Litigating, and Non- Litigating Subdivisions; (b) the impact of non-participation by a Litigating Subdivision as is relevant to the Fee Panel’s determination in paragraph II.C.4; and (c) such other information as Janssen may voluntarily elect to provide.
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2. The Fee Panel shall establish procedures for the arbitration process consistent with this Fee Agreement and orders of the MDL Court. Such procedures may include submission of documentary and/or other evidence, interviews with applicants and/or other counsel (including counsel for Janssen) that the Fee Panel deems appropriate, and/or other means of creating a record upon which fee awards will be based.
3. In making determinations under this Fee Agreement, the Fee Panel must apply the eligibility criteria set forth in Section II.G of this Fee Agreement and the criteria set forth in Section II. In addition, the Fee Panel will give consideration in regard to Common Benefit awards to the Johnson factors, as well as the following factors (which factors may be applied and given relative weight in the Fee Panel’s discretion):
a. The Attorney’s contemporaneously recorded time and labor dedicated to Qualifying Representations along with the Attorney’s financial commitment to such Qualifying Representations. Claimed “time” will not be automatically accepted by the Fee Panel but will be critically reviewed and given substantially more weight and consideration if such time was subject to the audit process described in any Pretrial Order(s) governing the collection of common benefit time;
b. The novelty, time, and complexity of the Qualifying Representations;
c. The skill requisite to perform legal services properly and undesirability of the case;
d. The preclusion of other employment by the Attorney due to time dedicated to Qualifying Representations;
e. The “common benefit,” if any, alleged to have been conferred by the Attorney and whether such common benefit work product by that Attorney was used by others in parallel litigations against Released Entities whether within or outside the MDL, provided that any Attorney claiming that s/he substantially benefited cases other than those in which s/he entered an appearance as counsel must substantiate such claims by proffering factual support, such as proper supporting affidavits or other documents as determined by the Fee Panel with input from Attorneys for Participating Litigating Subdivisions;
f. Any “common detriment,” as set forth in paragraph II.C.4.
g. Any contingent fee agreement or other Fee Entitlement with Participating Subdivisions, enforcement of which, except for State Back-Stop Agreements, are waived in conjunction with the application, the nature and extent of any work for those Participating Subdivisions, whether such
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Participating Subdivisions actively litigated and, if so, the nature and procedural history of such case(s);
h. The experience, reputation, and ability of the Attorney;
i. Whether the Attorney’s clients brought Released Claims against Released Entities;
j. The status of discovery in cases primarily handled by the Attorney;
k. The nature of any work by the Attorney on “bellwether” cases or cases that were similarly active in litigation;
l. Any pressure points successfully asserted by the Attorney in cases against Janssen or any risk for Janssen created by the Attorney in cases against them;
m. Any risk for defendants created by applicants in cases against Janssen;
n. Successful and unsuccessful motion practice in cases worked on by the Attorney;
o. The date of filing of any cases filed by the Attorney;
p. Obtaining consolidation of the litigation in the Attorney’s jurisdiction;
q. The number and population of entities represented by the Attorney and the fees that would have been awarded under extinguished contingent fee arrangements;
r. Whether the Attorney’s clients brought claims against Janssen;
s. Whether the Attorney has had a leadership role in the litigation, whether in state or federal court;
t. Whether the Attorney has had a leadership role in any negotiations aimed at resolving the litigation;
u. Whether the Attorney’s cases have survived motions to dismiss;
v. The extent to which the Attorney contributed to the work product used for the common benefit of opioids litigants, including, without limitation, work on ARCOS data, Prescription Data Monitoring Programs, IQVIA data, depositions, document production and analysis experts, motions, briefs and pleadings, trial preparations, and trials;
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w. The extent to which litigation was done prior to and contributed to completion of settlement negotiations, as distinct from litigation that was done litigating after the announcement of the Janssen Agreement, such latter litigation both being of less value and potentially resulting a common detriment to the settlement process; and
x. Any other factors that the Fee Panel finds to be appropriate to consider after input from applicants to the Attorney Fee Fund.
4. The Fee Panel shall develop procedures for receiving a single application, which may be updated or amended based on new information (such as participation by additional Litigating Subdivisions) from each Attorney seeking compensation from the Attorney Fee Fund pursuant to processes and procedures developed by the Fee Panel, which shall not be inconsistent with this Fee Agreement. Any request for attorneys’ fees not included on the single application or through the updating/amendment process designed by the Fee Panel shall be deemed waived. For purposes of transparency and to permit the Fee Panel to conduct its work, the application from each Attorney shall, at a minimum, require each Attorney to
a. Identify all Litigating Subdivisions for which s/he is seeking payment from the Attorney Fee Fund;
b. Identify all Subdivisions in both Settling and Non-Settling States (and, where applicable, Tribal Nations) with respect to which s/he has a Fee Entitlement with respect to Relevant Claims against Released Entities, and identify all co-counsel in such cases;
c. Identify which of those Subdivisions are Participating Subdivisions and which are not (with similar information for Tribal Nations, where applicable);
d. Specify the specific fund or funds within the Attorney Fee Fund from which the Attorney is seeking compensation;
e. Demonstrate his or her eligibility for compensation from the relevant sub funds within the Attorney Fee Fund pursuant to the criteria set forth for the relevant sub fund;
f. Identify any and all Fee Entitlements from representations of States, Tribal Nations, or other plaintiffs related to Released Claims against Released Entities or in opioids-related matters;
g. Notwithstanding “a-f” above, the Panel may consider a supplemental application if the Attorney shows good cause why circumstances exist that will lead to consideration for additional Common Benefit award.
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Examples would include, but are not limited to, an Attorney having Non- Participating Litigating Subdivision clients that subsequently become Participating Subdivisions, a Bar Date passes that increases participation or the Participation Tier, or an Allocation Agreement is reached.
5. With respect to the Common Benefit Fund, the Fee Panel shall (subject to any applicable MDL Court Order):
a. Review the applications of all Attorneys seeking compensation from the Common Benefit Fund, including determining eligibility for each Attorney as set forth in Section II.G.
b. Reduce, on an annual basis, Janssen’s payment obligations, as set forth in paragraph II.C.5. The Panel shall inform Janssen and the MDL PEC of all such amounts and adjust Janssen’s payment obligations accordingly.
c. Using criteria set forth in Sections II.C and II.I, allocate amounts from the Common Benefit Fund to eligible Attorneys, including payment amounts for each Payment Year. In making such allocations (regardless of the Participation Tier achieved), the Panel shall apply the principles set forth in paragraph II.C.4 and shall allocate any reduction in the payments of Janssen specified in paragraph II.C.5 to the amounts paid to Attorneys with a Fee Entitlement to Litigating Subdivisions that are not Participating Subdivisions.
6. With respect to the Contingency Fee Fund, the Fee Panel shall:
a. Review the applications of all Attorneys seeking compensation from the Litigating Subdivision Fee Fund, including determining eligibility for each Attorney as set forth in Section II.G.
b. Apply the Mathematical Model in Exhibit A.
c. Use such allocations to reduce payments, on an annual basis, the payment obligations of Janssen to the Attorney Fee Fund as set forth in paragraph II.D.4, and distributions therefrom, and inform Janssen and the MDL PEC of all such adjustments.
7. To the extent that there is a dispute about the calculations of the Fee Panel related to the amounts that Janssen is required to pay (including application of any reductions or offsets under this Fee Agreement), such disputes shall be presented to the Fee Panel and any disputed funds be paid into/held in escrow.
The Fee Panel shall resolve such disputes expeditiously, with either Party having the right to seek review from the MDL Court.
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8. For purposes of determination of fee or cost awards, allocations, reductions, and possible reversions under this Fee Agreement, unless specified otherwise a Subdivision will be considered a Non-Participating Subdivision if it is not a Participating Subdivision as of the deadline for the application for the fee or cost award at issue (or, if the determination does not involve a specific application, the date on which the record for such determination closes).
9. In the event that the Fee Panel, through the use of the Mathematical Model set forth in Exhibit A, allocates funds from the Contingency Fee Fund for an Attorney based on a Qualifying Representation of a Participating Litigating Subdivision or allocates cost to such Participating Litigating Subdivision and that Subdivision is in a Settling State in which the Consent Judgment has not been approved, such funds shall be placed into escrow until the Consent Judgment is approved, after which time they shall be released.
I. Miscellaneous.
1. The costs associated with the Fee Panel prior to the Effective Date of the Attorney Fee Agreement shall be funded by Janssen. The Fee Panel shall charge an hourly rate that previously has been approved by a federal or state court and shall provide a budget and a cap for such work prior to the Effective Date, which shall be approved by Janssen and such approval shall not be unreasonably withheld. Janssen shall receive a refund for any such payment of pre-Effective Date costs from interest that accrues on the monies in the Attorney Fee Fund (including interest that accrues during such time as the Attorney Fee Fund monies are in escrow prior to the Effective Date of the Janssen Agreement), up to the amount of such costs. Post-Effective Date, the cost of the Fee Panel shall be charged against the applicable Fee Fund based on allocation by the Fee Panel and shall not be otherwise funded by Janssen.
The costs associated with the Cost and Expense Fund Administrator shall be paid from funds in the MDL Expense Fund and the Litigating Subdivision Cost Fund and shall not be otherwise funded by Janssen.
2. The MDL PEC will seek, and the Attorneys General for Settling States and Janssen will not oppose, a Common Benefit Fee Order requiring an assessment of 7.5% on the gross recovery (by judgment or settlement) of any Non-Participating Subdivision that is subject to the federal court jurisdiction, represented by a MDL PEC firm, represented by any Attorney receiving fees from the Common Benefit Fund, represented by any Attorney that signed a Participation Agreement or paid in a case otherwise under the jurisdiction of the MDL Court.
3. The MDL PEC shall provide to Janssen information they have that identifies Attorneys who represent Litigating Subdivisions who are not Participating Subdivisions and who have an obligation to pay a common benefit assessment, either due to the MDL Court’s orders or having signed a Participation Agreement.
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4. The MDL PEC shall retain ethics counsel of its choice to provide an opinion that addresses the compliance of its ethical obligations, as it relates to the Janssen Agreement. Such opinion shall address the issue of the potential conflict of interest for an Attorney that had represented a Participating Subdivision also representing a Later Litigating Subdivision as defined in the Janssen Agreement. This Subsection shall be enforceable to the extent permitted by the equivalent to Rules 1.16 and 5.6 of the ABA Model Rules of Professional Conduct in the relevant jurisdictions. The opinion shall be provided to Janssen as soon as it is completed and, in any event, prior to July 31, 2021 and shall be disseminated to counsel eligible to apply to the Attorney Fee Fund within 30 days of the announcement of the Janssen Agreement. The MDL PEC represents that it will comply with this opinion until the Reference Date and thereafter if the Janssen Agreement proceeds.
5. Participating Subdivisions agree to instruct their counsel to treat information, work product and expert materials as secret under Rule 1.6 of the ABA Model Rules of Professional Conduct. Accordingly, an Attorney shall not share information or work product with, or experts or materials to, non-participants (other than the Attorney’s own current clients or their lawyers, consultants, experts or other representatives or agents). However, nothing herein shall prevent MDL Leadership or PEC Counsel from fulfilling their obligations in any MDL and the MDL Court Order.
III. Miscellaneous
A. Termination. If the Janssen Agreement does not proceed past the Reference Date, whether because Janssen does not determine to proceed or for any other reason, this Fee Agreement shall be null and void, Janssen shall have no obligation to make any payments under this Fee Agreement, and Janssen and the PEC shall take such steps as are necessary to restore the status quo ante.
B. MDL Court Consideration. This Fee Agreement shall be attached as an exhibit to the Janssen Agreement. This Fee Agreement shall also be submitted by Janssen and the MDL PEC to the MDL Court for approval pursuant to the motion and order that shall be attached, prior to the Preliminary Agreement Date of the Janssen Agreement, as Exhibit B.
1. In the event that the MDL Court, through an order, makes any change to the amounts potentially to be paid by Janssen under this Fee Agreement, makes any change to the Fee Panel’s consideration of the factors set forth in paragraph II.C.4, or any other material change to the draft Order attached as part of Exhibit B or the terms of this Fee Agreement, Janssen and the MDL PEC shall meet and confer concerning such changes.
2. If Janssen and the MDL PEC are unable to reach agreement and revisions to this Fee Agreement in the event discussed in paragraph III.B.1, this Fee
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Agreement shall be null and void, Janssen shall have no obligation to make any payments under this Fee Agreement, and Janssen and the MDL PEC shall take such steps as are necessary to restore the status quo ante.
C. Amendment. Once the MDL Court has entered an order implementing this Fee Agreement, this Fee Agreement can only be amended by (1) written agreement of Janssen and the MDL PEC and (2) approval by the MDL Court.
D. Jurisdiction and Enforcement. The MDL Court shall have exclusive and ongoing jurisdiction over the enforcement and implementation of this Fee Agreement as set forth herein.
The MDL PEC shall be the Authorized Party to enforce this Fee Agreement, as to the payment obligations of Janssen as set forth in this section, and as to Attorneys making application to the Funds under this Fee Agreement. Solely for purposes of assessing or allocating common benefit fees, the MDL Court will continue to have jurisdiction over the work product developed in the MDL Court by and under the direction of the MDL PEC with respect to claims against Janssen, including data and documents, depositions, expert reports, briefs and pleadings; and the MDL Court’s protective orders, management orders, and other decisions regarding such discovery and other work product, including but not limited to, conditions on its use, will continue in full force and effect. Nothing in this paragraph authorizes the MDL Court to act contrary to this Agreement or to share any of the work product, or provides the MDL Court with jurisdiction over the Janssen Agreement.
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EXHIBIT S
Agreement on the State Cost Fund Administration
1. Creation of a State Cost Fund. Janssen and the Settling States agree to the creation of a state cost fund to pay litigation costs and expenses associated with litigation and investigation related to the opioid litigation (hereinafter the “State Cost Fund”). This agreement is a material part of the Settlement Agreement. The State Cost Fund shall be administered separately from the Common Benefit Fund, the Contingency Fee Fund, the State Counsel Fee Fund, Subdivision Costs Fund, and the MDL Expense Fund. No funds may be released from the State Cost Fund to Non-Settling States.
2. State Cost Fund Amount. In Payment 1 of the Settlement, Janssen shall pay into the State Cost Fund $13,461,539 (the “State Cost Fund Amount”). Janssen’s State Cost Fund payment shall be a component of its Global Settlement Attorney Fee Amount payable to the Attorney Fee Fund, for Payment 1.
3. State Cost Fund Committee. A committee of Attorneys General from Settling States or their designated representatives (hereinafter the “State Cost Fund Committee”) shall oversee the State Cost Fund. The committee shall initially consist of the following states: (a) Delaware; (b) Florida; (c) Georgia; (d) New York; (e) North Carolina; (f) Ohio; (g) Tennessee; and (h) Texas. The Settling State Attorneys General may by majority vote add or change the composition of the State Cost Fund Committee, including replacing any above State, if that State is not a Settling State.
4. State Cost Fund Administrator. The State Cost Fund Committee shall select an administrator (the “State Cost Fund Administrator”). The State Cost Fund Administrator may be different from the Settlement Administrator under the Settlement Agreement. The State Cost Fund Administrator shall be responsible for administering the State Cost Fund and making payments to Settling States.
5. State Cost Fund Guidelines. Monies in the State Cost Fund shall be released without any delay to reimburse Settling States for documented opioid litigation and investigation costs incurred or paid. In allocating the State Cost Fund, no funds shall be allocated for costs incurred after July 21, 2021. The State Cost Fund Committee shall establish guidelines for the submission and approval of expenses eligible for reimbursement from the State Cost Fund. The State Cost Fund Administrator shall, in accordance with such guidelines, receive from Settling States records sufficient to demonstrate the incurrence and/or payment of each expense attributable to investigation or litigation related to the opioid litigation, including any outstanding National Association of Attorneys General grant.
6. State Cost Fund Payment Priorities and Residual. To the extent that that the aggregate eligible submissions of costs and expenses from Settling States exceed the State Cost Fund Amount, payments to Settling States shall be paid in the following order until the State
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Cost Fund is exhausted. If the State Cost Fund is unable to fully pay costs at any of the following levels, then Settling States with costs at that level shall be paid on a proportional basis. All expenses with a lesser priority from the level where the State Cost Fund is exhausted will not be reimbursed from the State Cost Fund. Costs shall be paid in the following order: (a) the reasonable costs of the State Cost Fund Administrator, if any; (b) repayment of the National Association of Attorneys General grants connected to opioid litigation; (c) costs incurred or paid by outside counsel for a Settling State litigating against Janssen apart from any fee owed; (d) litigation-related costs attributable to the Janssen case incurred or paid by a Settling State litigating against Janssen; (e) pre-suit investigation-related costs attributable to a Janssen investigation incurred or paid by either a Settling State outside counsel (not including any amount of fees or any costs which have already been reimbursed pursuant to clause (c), above) or a Settling State investigating Janssen; (f) costs incurred or paid by a Settling State or outside counsel litigating against another opioid defendant other than a cost share entered into by a Settling State, which costs have not yet been paid under a preceding clause of this paragraph; (g) the amounts paid by a Settling State as part of cost share related to the filing of a proof of claim in the Purdue Pharma, L.P. bankruptcy; and (h) the amounts paid by a Settling State as part of any other cost share, including, but not limited to the cost share entered into by the Non- Consenting States in the Purdue Pharma, L.P. bankruptcy. If the State Cost Fund has additional monies after payment of the State Cost Fund Administrator’s and all Settling States’ submitted costs, then the remaining funds will be provided to the National Association of Attorneys General to be placed in the Financial Services Fund for the purpose of funding grants for consumer protection or healthcare-related enforcement or training activities. In determining what costs are attributable to Janssen, the State Fund Committee shall develop a guideline that ensures that all Settling States are treated equitably.
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EXHIBIT T
Severity Factors
State Severity Factor
Alabama 108.5243%
Alaska 107.8614%
American Samoa 102.7639%
Arizona 107.7129%
Arkansas 103.2818%
California 82.8688%
Colorado 95.2263%
Connecticut 121.0971%
Delaware 155.5946%
District of Columbia 88.3270%
Florida 107.9604%
Georgia 86.6675%
Guam 96.8019%
Hawaii 77.1051%
Idaho 93.0570%
Illinois 86.6318%
Indiana 108.6768%
Iowa 78.2056%
Kansas 89.6374%
Kentucky 150.0126%
Louisiana 105.2878%
Maine 132.7534%
Maryland 115.2160%
Massachusetts 110.3001%
Michigan 112.4239%
Minnesota 75.9148%
Mississippi 96.7243%
Missouri 107.8496%
Montana 99.7815%
N. Mariana Islands 100.2421%
Nebraska 71.9045%
Nevada 130.5519%
New Hampshire 144.4997%
New Jersey 102.3701%
New Mexico 128.9295%
New York 91.4472%
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North Carolina 102.2754%
North Dakota 76.0864%
Ohio 123.0063%
Oklahoma 129.3047%
Oregon 108.9094%
Pennsylvania 118.2821%
Puerto Rico 73.9803%
Rhode Island 143.8802%
South Carolina 99.6801%
South Dakota 76.4482%
Tennessee 129.9078%
Texas 71.6286%
Utah 119.5878%
Vermont 140.2239%
Virgin Islands 100.4396%
Virginia 88.1611%
Washington 100.5007%
Wisconsin 99.6616%
Wyoming 100.9659%
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EXHIBIT U
Agreement on the State Outside Counsel Fee Fund
1. Creation of a State Outside Counsel Fee Fund. Janssen and the Settling States agree to the creation of a state outside counsel fee fund to pay reasonable attorney’s fees of Settling States with outside counsel in connection with litigation against Janssen (the “State Outside Counsel Fee Fund”). This agreement is a material part of the Settlement Agreement. All terms utilized in this Agreement shall have the same meaning as in the Settlement Agreement unless otherwise indicated.
2. State Outside Counsel Fee Fund Administration. The State Outside Counsel Fee Fund shall be administered separately from the Common Benefit Fund, the Contingency Fee Fund, the State Cost Fund, and the MDL Expense Fund. A committee of Attorneys General shall oversee the State Outside Counsel Fee Fund (“Fee Fund Committee”). The Fee Fund Committee shall initially consist of the following: (a) Arkansas; (b) Florida; (c) New Jersey; and (d) Puerto Rico. The Fee Fund Committee shall select a settlement fund administrator (who may or may not be different from the Settlement Administrator under the Distributor Agreement) (the “Fee Fund Administrator”) who shall administer the State Outside Counsel Fee Fund according to the guidelines and directives of the Fee Fund Committee.
3. State Outside Counsel Fee Eligibility. To participate in the State Outside Counsel Fee Fund, an outside counsel for a Settling State must have filed and be maintaining an action in the name of a Settling State or its attorney general against Janssen in a state or federal court as of June 1, 2021. No Settling State can draw attorney’s fees from both the State Outside Counsel Fee Fund and the similarly sized fund to reimburse Settling State’s without outside counsel.
4. State Outside Counsel Fee Fund Amount. Janssen shall pay funds in the State Outside Counsel Fee Fund according to the schedule set forth below, as part of its annual Global Settlement Attorney Fee Amount payable to the Attorney Fee Fund, subject to the adjustments described below:
Payment Year 1 $32,391,518.74
Payment Year 2 $30,769,230.77
Payment Year 3 $ 4,146,942.80
5. State Outside Counsel Fee Fund Availability and Calculation of Amount. a. The State Outside Counsel Fee Fund shall be available to compensate private counsel for State Attorneys General for approved fees arising out of representation of the State pursuant to the schedule developed by the Fee Fund Committee and provided to Janssen.
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b. Fees shall be calculated by adding two components: (a) a fixed amount consisting of fifty (50%) of the amount allocated to a State utilizing the allocation percentage in the Settlement Agreement multiplied times 4.5%; and (b) a proportional percentage of the remaining fee due under that Settling State’s contract assuming that fifty (50%) of the State’s recovery is allocable to a Settling State (versus allocable to the Settling State’s Subdivisions) so that the fees of all Settling States (minus the base amount that would have been due to any of Non-Settling States) exhausts the State Outside Counsel Fee Fund. The proportional share percentage will be the same for each Settling State included in the State Outside Counsel Fee Fund. All amounts paid will be less any costs or fees of the Fee Fund Administrator.
6. Payment by the Fee Fund Administrator.
a. If a Settling State and a Settling State’s outside counsel agree that the amount calculated in paragraph 5 above satisfies in full amounts owed to all Settling State outside counsel, then upon written notice of that agreement and counsel waiving in writing any entitlement to any additional fee, the Fee Fund Administrator shall pay that Settling State’s outside counsel pursuant to the calculation and any schedule created by the Fee Fund Committee. b. If a Settling State’s outside counsel does not agree that the amount calculated in Paragraph 5 above satisfies in full amounts owed by the Settling State, then the Settling State’s share shall be placed in an interest bearing escrow account (less reasonable expenses of the Fee Fund Administrator) and held unless and until the Settling State and its outside counsel agree in a signed writing to a resolution of the amount outstanding or there is a final judgment entered that is no longer appealable.
c. Upon being provided a signed, written agreement or the final non-appealable judgment, the Fee Fund Administrator shall release monies from the State Outside Counsel Fee Fund in either the amount held by the Fee Fund Administrator, if the amount of the agreement or judgment is equal to or more than the amount held, or the amount indicated in the agreement or in the final judgment, if the amount in the agreement or judgment is less than the amount held.
d. Nothing herein, including the amounts listed in paragraph 5 above, shall prevent a Settling State from arguing in any proceeding with its outside counsel that (a) its recovery was less than fifty (50%) percent of the recovery in the Settlement Agreement down to and including fifteen (15%) percent of the total recovery; (b) any payment should be discounted by an appropriate discount rate commensurate to the risk of the Settlement Agreement and the timeline that the Settling State is receiving its payments; (c) the settlement amount should be lower because a Settling State’s amounts were reduced because a Settling State’s outside counsel failed to obtain joinder from a Settling State’s Subdivision(s) who(m) the outside counsel also represented;
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or (d) any limitation placed by Janssen bars payment of a higher fee to outside counsel.
e. In the event the amount due to the Settling State’s outside counsel from an escrow account is less than the total amount of funds escrowed on the account of the Settling State, the balance shall be paid to the Settling State. In no event, other than a State not being a Settling State, shall funds revert to Janssen.
f. Amounts owed by Janssen to the State Outside Counsel Fee Fund shall be reduced and/or credited to Janssen by the amount specified in paragraph 7, below, for any Non-Settling outside counsel States.
7. Reversion or Reduction of Amounts owed to Non-Settling States. Amounts owed by Janssen to the State Outside Counsel Fee Fund shall be reduced on account of Non-Settling States as follows:
a. If the State of Washington does not become a Participating State and eleven (11) of the other outside counsel States in the table below become Participating States, then the amount Janssen owes under paragraph 4 will be reduced by the State of Washington’s Fixed Amount in the table below. b. If ten (10) outside counsel States in the table below become Participating States, then the amount Janssen owes under paragraph 4 will be reduced by the allocated Fixed Amount in the table below for each Non-Settling State. c. If nine (9) or fewer of the outside counsel States in the table below become Participating States, then the amount Janssen owes under paragraph 4 will be reduced by each Non-Settling State’s allocated Fixed Amount plus half the difference between the Non-Settling State’s full share of the “Fee Amount if all OC States Join” and the Fixed Amount for each Non-Settling State.
JJ Allocation % JJ Payment
Amount
State Share Contract
Rate
Full Contract
Amount
Fixed Amount Fee Amount if
all OC States
Join
Arkansas 0.9663486633% $44,048,604.48 $22,024,302.24 TIPAC $4,452,430.22 $991,093.60 $3,608,210.22 Florida 7.0259134409% $318,598,151.79 $159,299,075.89 TIPAC $11,464,953.79 $7,168,458.42 $10,417,038.57 Idaho 0.5254331620% $24,023,889.47 $12,011,944.74 10% $1,201,194.47 $540,537.51 $1,040,060.24 Kentucky 2.0929730531% $95,444,090.08 $47,722,045.04 TIPAC $4,636,102.25 $2,147,492.03 $4,029,130.22 Mississippi 0.8898883053% $40,549,243.09 $20,274,621.55 TIPAC $4,277,462.16 $912,357.97 $3,456,713.24 Nevada 1.2486754235% $56,896,524.63 $28,448,262.31 19% $5,405,169.84 $1,280,171.80 $4,399,082.82 New
Hampshire
0.6258752503% $28,620,454.86 $14,310,277.43 27% $3,863,761.41 $643,960.23 $3,078,451.90 New Jersey 2.7551354545% $124,934,796.18 $62,467,398.09 33% $20,614,241.37 $2,811,032.91 $16,272,038.83 New
Mexico
0.8557238713% $39,104,404.67 $19,552,202.33 24 $
4,692,528.56
$879,849.11 $3,762,616.04
Ohio 4.3567051408% $197,559,821.57 $98,779,910.78 TIPAC $8,438,995.54 $4,445,095.99 $7,464,883.44 Puerto Rico 0.7263201134% $33,083,484.37 $16,541,742.19 25% $4,135,435.55 $744,378.40 $3,308,356.71 South
Dakota
0.2169945907% $9,948,315.49 $4,974,157.75 12% $596,898.93 $233,837.10 $505,909.15 Washington 2.3189040182% $105,153,378.36 $52,576,689.18 13.5% $7,097,853.04 $2,365,951.01 5,943,742.14
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8. In the event that the Fee Fund Administrator has received from Janssen part or all of the amount that Janssen is entitled to offset under paragraph 7 above, the Fee Fund Administrator shall return to Janssen the amount so received.
17.B.
City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Aug 11 2026
Department: Public Works
Submitted by: Noah Rau, Interim City Manager
Gregg Holyoak, Public Works Operations Manager;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing
TITLE:
A Resolution to Increase Napa Auto Parts FY 25/26 Purchase Order in the amount of $5,000 to cover pending invoices.
RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
RESOLUTION NO. 2026-127 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HEMET, CALIFORNIA, APPROVING AN INCREASE IN THE AMOUNT OF $5,000.00 TO THE FY 25/26 PURCHASE ORDER TO NAPA AUTO PARTS FOR A TOTAL AMOUNT OF $55,000.00,
AND AUTHORIZE THE CITY MANAGER TO EXECUTE ALL DOCUMENTS RELATED TO THE
PURCHASE ORDER
EXECUTIVE SUMMARY:
The recommended resolution authorizes an increase of $5,000 to the Fiscal Year 2025/26 purchase order with NAPA Auto Parts, increasing the total authorized amount from $50,000 to $55,000, and authorizes the City Manager to execute all documents necessary to implement the purchase order.
BACKGROUND/ANALYSIS:
The Fleet Maintenance Division is responsible for servicing and maintaining the City's vehicle fleet, which consists of 350 vehicles and pieces of equipment. The Division supports preventative vehicle maintenance and repair needs for all City Departments including the Police Department, Fire Department, and Public Works Departments.
With the loss of an auto parts vendor in the valley, the Fleet Department has used Napa Auto Parts more for its needs. This, along with additional costs for parts and additional needs at the end of the fiscal year led to an accumulation of costs that exceed the current purchase order for $50,000.00.
DISCUSSION:
17.C.
Staff is requesting approval to increase the FY 2025/26 purchase order with NAPA Auto Parts by $5,000, increasing the total authorized amount from $50,000 to $55,000, to cover outstanding invoices incurred during the fiscal year.
During FY 2025/26, the Fleet Maintenance Division relied more heavily on NAPA Auto Parts following the closure of Advance Auto Parts, one of the City's primary automotive parts suppliers. This increased reliance, combined with rising vehicle parts costs and higher-than-anticipated maintenance needs, resulted in expenditures exceeding the original purchase order authorization.
In accordance with the City's Procurement Policy, purchase orders exceeding $50,000 require City Council approval. Adoption of the proposed resolution will authorize the additional funding necessary to purchasing City's the with compliance ensure invoices 2025/26 FY outstanding pay and requirements.
STRATEGIC PLAN INTEGRATION:
GOAL FIVE: ORGANIZATIONAL EFFECTIVENESS
To identify the work needed inside the City organization to effectively provide services to the community and ensure financial stability.
Objective 1: Operate in a financially sustainable manner.
FISCAL IMPACT:
No General Fund Impact. Funds are available in the adopted FY 25/26 Fleet Maintenance Operating Budget.
ALTERNATIVE(S):
1. Do not authorize the increase in the Purchase Order amount.
2. Provide alternative direction to the City Manager.
ATTACHMENT(S):
Attachement No.1 - RESOLUTION NO. 2026-127
17.C.
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CITY OF HEMET
HEMET, CALIFORNIA
RESOLUTION NO. 2026-127
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HEMET, CALIFORNIA, APPROVING AN INCREASE IN
THE FY 25/26 TO THE OF AMOUNT $5,000.00
PURCHASE ORDER TO NAPA AUTO PARTS FOR A
TOTAL AMOUNT OF $55,000.00, AND AUTHORIZE THE
CITY DOCUMENTS MANAGER TO EXECUTE ALL
RELATED TO THE PURCHASE ORDER.
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:
WHEREAS, the Fleet Maintenance Division is responsible for servicing and maintaining the City's vehicle fleet, which consists of 350 vehicles and pieces of equipment. The Division supports preventative vehicle maintenance and repair needs for all City Departments including the Police Department, Fire Department, and Public Works Departments; and
WHEREAS, with the closure of Advance Auto Parts, the Fleet Maintenance Division has increased its reliance on NAPA Auto Parts to meet its vehicle parts and supply needs. This increased utilization, combined with rising parts costs and higher- than-anticipated maintenance demands toward the end of the fiscal year, resulted in expenditures exceeding the FY 2025/26 purchase order authorization of $50,000; and WHEREAS, staff is recommending authorization of an additional $5,000.00 be allocated to the Purchase Order for Napa Auto Parts to cover pending invoices for the 25/26 Fiscal Year
17.C.
CITY OF HEMET RESOLUTION NO. 2026-127 2
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET FINDS, DETERMINES, ORDERS AND RESOLVES AS FOLLOWS:
SECTION 1.FINDINGS - The recitals set forth above are hereby adopted as findings in support of this Resolution
SECTION 2.APPROVAL – Approval of a $5,000.00 increase to the FY 25/26 Purchase Order to Napa Auto Parts for vehicle parts and supplies for a total amount of $55,000.00.
SECTION 3.AUTHORIZATION - Authorize the City Manager to execute all documents related to the Purchase Order.
SECTION 4.EFFECTIVE DATE - This Resolution shall become effective on August 11th, 2026.
17.C.
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PASSED, APPROVED AND ADOPTED this 11th day of August, 2026. ___________________________
Linda Krupa, Mayor
APPROVED AS TO FORM: ATTEST:
________________________ __________________________
Steven Graham Pacifico, City Attorney Rosalia A. Butler, MMC, City Clerk
17.C.
CITY OF HEMET RESOLUTION NO. 2026-127 4
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State of California )
County of Riverside )
City of Hemet )
I, Rosalia A. Butler, MMC, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the 11 th day of August, 2026, and was passed by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSTAIN: Council Members:
ABSENT: Council Members:
_____________________________
Rosalia A. Butler, MMC, City Clerk
17.C.
City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Aug 11 2026
Department: Public Works
Submitted by: Noah Rau, Interim City Manager
Gregg Holyoak, Public Works Operations Manager;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing
TITLE:
A Resolution to Increase O'Reilly Auto Parts FY 25/26 Purchase Order in the Amount of $2,000 to Cover Pending Invoices
RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
RESOLUTION NO. 2026-126 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HEMET, CALIFORNIA, APPROVING AN INCREASE IN THE AMOUNT OF $2,000.00 TO THE FY 25/26 PURCHASE ORDER TO O'REILLY AUTO PARTS FOR A TOTAL AMOUNT OF $52,000.00,
AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS RELATED TO THE
PURCHASE ORDER
EXECUTIVE SUMMARY:
The proposed resolution authorizes an increase of $2,000 to the Fiscal Year 2025/26 purchase order with O'Reilly Auto Parts, increasing the total authorized amount from $50,000 to $52,000, and authorizes the City Manager to execute all documents necessary to implement the purchase order.
The recommended increase will provide sufficient funding to pay outstanding FY 2025/26 invoices and ensure uninterrupted fleet maintenance operations. Because the revised purchase order amount exceeds the City Manager's purchasing authority under the City's Procurement Policy, City Council approval is required. Adoption of the resolution will authorize the additional funding and allow the City Manager to execute all documents related to the purchase order.
BACKGROUND/ANALYSIS:
The Fleet Maintenance Division is responsible for servicing and maintaining the City's fleet of approximately 350 vehicles and pieces of equipment. The Division provides preventative maintenance and repair services that support the operational needs of all City departments, including the Police Department, Fire Department, and Public Works.
17.D.
Following the closure of a local auto parts vendor, the Fleet Maintenance Division increased its reliance on O'Reilly Auto Parts to meet its vehicle parts and supply needs. This increased utilization, combined with rising parts costs and higher-than-anticipated maintenance demands toward the end of the fiscal year, resulted in expenditures exceeding the current purchase order authorization of $50,000.
DISCUSSION:
Staff is recommending approval to increase the FY 2025/26 purchase order with O'Reilly Auto Parts by $2,000, increasing the total authorized amount from $50,000 to $52,000, to cover outstanding invoices incurred during the fiscal year.
During FY 2025/26, the Fleet Maintenance Division relied more heavily on O'Reilly Auto Parts following the closure of Advance Auto Parts, one of the City's automotive parts suppliers. This increased reliance, combined with rising vehicle parts costs and higher-than-anticipated maintenance needs, resulted in expenditures exceeding the original purchase order authorization.
In accordance with the City's Procurement Policy, purchase orders exceeding $50,000 require City Council approval. Adoption of the proposed resolution will authorize the additional funding necessary to pay outstanding FY 2025/26 invoices, ensure compliance with the City's purchasing requirements, and support the continued maintenance and reliability of the City's fleet.
STRATEGIC PLAN INTEGRATION:
GOAL FIVE: ORGANIZATIONAL EFFECTIVENESS
To identify the work needed inside the City organization to effectively provide services to the community and ensure financial stability.
Objective 1: Operate in a financially sustainable manner.
FISCAL IMPACT:
No General Fund Impact. Funds are available in the adopted FY 25/26 Fleet Maintenance Operating Budget.
ALTERNATIVE(S):
1. Do not authorize the increase in the Purchase Order amount.
2. Provide alternative direction to the Interim City Manager.
ATTACHMENT(S):
Attachement No.1 - Resolution No. 2026-126
17.D.
CITY OF HEMET RESOLUTION NO. 2026-126 1
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CITY OF HEMET
HEMET, CALIFORNIA
RESOLUTION NO. 2026-126
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HEMET, CALIFORNIA, APPROVING AN INCREASE IN
THE AMOUNT OF $2,000.00 TO THE FY 25/26
PURCHASE ORDER TO O’REILLY AUTO PARTS FOR A
TOTAL AMOUNT OF $52,000.00, AND AUTHORIZE THE
CITY DOCUMENTS EXECUTE ALL MANAGER TO
RELATED TO THE PURCHASE ORDER.
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:
WHEREAS, the Fleet Maintenance Division is responsible for servicing and maintaining the City's vehicle fleet, which consists of 350 vehicles and pieces of equipment. The Division supports preventative vehicle maintenance and repair needs for all City Departments including the Police Department, Fire Department, and Public Works Departments; and
WHEREAS, with the closure of Advance Auto Parts, the Fleet Maintenance Division has increased its reliance on O’Reilly Auto Parts and other suppliers for its needs. This increased utilization, combined with rising parts costs and higher-than- anticipated year, fiscal the of end toward demands maintenance resulted the in expenditures exceeding the FY 2025/26 purchase order authorization of $50,000; and WHEREAS, staff is recommending authorization to increase the Purchase Order for O’Reilly Auto Parts by $2,000.00 to cover pending invoices for the 25/26 Fiscal Year; and
17.D.
CITY OF HEMET RESOLUTION NO. 2026-126 2
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET FINDS, DETERMINES, ORDERS AND RESOLVES AS FOLLOWS:
SECTION 1.FINDINGS - The recitals set forth above are hereby adopted as findings in support of this Resolution
SECTION 2.APPROVAL - Approve an increase in the amount of $2,000.00 to the FY 25/26 Purchase Order to O’Reilly Auto Parts for vehicle parts and supplies for a total amount of $52,000.00.
SECTION 3.AUTHORIZATION - Authorize the City Manager to execute all documents related to the Purchase Order.
SECTION 4.EFFECTIVE DATE - This Resolution shall become effective on August 11th, 2026.
17.D.
CITY OF HEMET RESOLUTION NO. 2026-126 3
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PASSED, APPROVED AND ADOPTED this 11th day of August, 2026. ___________________________
Linda Krupa, Mayor
APPROVED AS TO FORM: ATTEST:
________________________ __________________________
Steven Graham Pacifico, City Attorney Rosalia A. Butler, MMC, City Clerk
17.D.
CITY OF HEMET RESOLUTION NO. 2026-126 4
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State of California )
County of Riverside )
City of Hemet )
I, Rosalia A. Butler, MMC, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the 11 th day of August, 2026, and was passed by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSTAIN: Council Members:
ABSENT: Council Members:
_____________________________
Rosalia A. Butler, MMC, City Clerk
17.D.
City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Aug 11 2026
Department: Public Works
Submitted by: Noah Rau, Interim City Manager
Daniel Cortese, Environmental Services Manager;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing
TITLE:
A Resolution Authorizing the Purchase of One (1) Crown CB40X-7 80-Volt Electric Forklift from Crown Equipment Corporation Utilizing Sourcewell Contract #053024-CRO and CalRecycle SB 1383 Local Assistance (OWR4) Grant Funding
RECOMMENDED ACTION:
It is respectfully recommended that the City Council adopt the following resolution (Attachment No. 1):
RESOLUTION NO. 2026-134 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HEMET, CALIFORNIA, AUTHORIZING THE PURCHASE OF ONE (1) CROWN CB40X-7 80-VOLT
ELECTRIC AMOUNT THE IN CORPORATION OF CROWN FROM FORKLIFT EQUIPMENT GRANT $100,855.06 UTILIZING CALRECYCLE SB 1383 LOCAL ASSISTANCE (OWR4) FUNDING THROUGH SOURCEWELL CONTRACT #053024-CRO AND AUTHORIZING THE CITY
MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS TO COMPLETE THE PURCHASE
EXECUTIVE SUMMARY:
Staff's recommended action is to purchase one (1) Crown CB40X-7 80-Volt Electric Forklift utilizing CalRecycle SB 1383 Local Assistance (OWR4) Grant funding. The forklift will support the City's recovered organic products procurement program by safely unloading, transporting, storing, and distributing compost, mulch, and other recovered organic materials required under SB 1383. Approval will allow the City to complete the purchase before the grant expires on November 2, 2026.
BACKGROUND/ANALYSIS:
The City was awarded funding through the CalRecycle SB 1383 Local Assistance (OWR4) Grant Program, which assists local jurisdictions in implementing California’s mandatory organic waste recycling and edible food recovery requirements.
Eligible grant activities include capacity planning, edible food recovery infrastructure, education and outreach, procurement requirements, and program evaluation. Staff recommends utilizing a portion of
17.E.
the grant funding to purchase one (1) Crown CB40X-7 80-Volt Electric Forklift (CEF) with an 8,000- pound lifting capacity (photos and full specifics are included in Attachment No. 2) to support implementation of the City’s recovered organic products procurement program.
The forklift will provide the necessary equipment to safely handle palletized compost, mulch, wood chips, and other recovered organic materials while improving employee safety and operational efficiency. The equipment includes a three-stage full free-lift mast, 185-inch lift height, side shifter, LED work lights, and other features suitable for municipal operations.
The City intends to purchase the forklift through Sourcewell Contract #053024-CRO, which provides competitively solicited cooperative purchasing for participating public agencies.
DISCUSSION:
Staff recommends authorizing the purchase of one (1) Crown CB40X-7 80-Volt Electric Forklift from Crown Equipment Corporation in the amount of $100,855.06, including estimated sales tax and freight, utilizing Sourcewell Contract #053024-CRO.
Through coordination with Crown Equipment Corporation, Staff identified an in-stock forklift that meets the City’s operational specifications and can be delivered within the required grant performance period. The in-stock unit is being offered at a discounted price below the standard Sourcewell contract pricing, resulting in a total savings of $11,167.71 compared to the Sourcewell contract price, including freight costs.
The proposed forklift will provide the lifting capacity necessary to safely manage recovered organic products received through the City’s SB 1383 procurement program while improving operational efficiency and employee safety. The equipment will support Corporation Yard operations, Parks Maintenance activities, community compost distribution events, and Community Garden operations.
Funding for the purchase is available through the OWR4 Grant Program. Staff recommends approval of the purchase to ensure timely expenditure of grant funds prior to the November 2, 2026 grant expiration deadline. All eligible expenditures and the final grant report must be completed by that date.
PREVIOUS COUNCIL ACTION:
August 9, 2022 – City Council accepted funding through the CalRecycle SB 1383 Local Assistance (OWR4) Grant Program to support implementation of the City's SB 1383 compliance efforts.
STRATEGIC PLAN INTEGRATION:
GOAL ONE: QUALITY OF LIFE:
To ensure that Hemet is safe, clean, attractive and comfortable for all who live, work, and visit.
Objective 1: Enhance the visual appearance of the community to make it attractive and reduce blight.
Objective 2: Explore and implement homelessness solutions for the City of Hemet.
Objective 3: Increase Public Safety visibility and response.
17.E.
GOAL FIVE: ORGANIZATIONAL EFFECTIVENESS
To identify the work needed inside the City organization to effectively provide services to the community and ensure financial stability.
Objective 1: Operate in a financially sustainable manner.
Objective 2: Evaluate existing practices to ensure continuity with industry best practices.
Objective 3: Provide Council with policies that are consistent while lessening liabilities.
Objective 4: Increase employee retention by training and creating a positive workplace.
Objective 5: Streamline fire prevention coordination efforts.
FISCAL IMPACT:
Funding for the purchase of one (1) CEF in the total amount of $100,855.06, inclusive of all applicable taxes and freight, is available through the OWR4 Grant Program and will be charged to expenditure account 110.10.4250.52804. Approval of this purchase will allow the City to utilize available grant funding within the required performance period and complete all eligible expenditures and submit the required final grant report prior to the grant expiration date.
No additional General Fund appropriations are required.
ALTERNATIVE(S):
1. Do not approve the purchase.
2. Provide alternative direction to the Interim City Manager.
ATTACHMENT(S):
Attachment No 1 - Resolution 2026-134 - Authorizing the Purchase of One Electric Forklift Attachment No 2 - Crown Equipment Quote
17.E.
CITY OF HEMET RESOLUTION NO. 2026-134 1
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CITY OF HEMET
HEMET, CALIFORNIA
RESOLUTION NO. 2026-134
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HEMET, CALIFORNIA, AUTHORIZING THE
PURCHASE OF ONE (1) CROWN CB40X-7 80-VOLT
ELECTRIC FORKLIFT FROM CROWN EQUIPMENT
AMOUNT $100,855.06 OF THE IN CORPORATION
UTILIZING CALRECYCLE SB 1383 LOCAL ASSISTANCE
(OWR4) GRANT FUNDING THROUGH SOURCEWELL
CONTRACT #053024-CRO AND AUTHORIZING THE CITY
MANAGER TO EXECUTE ALL NECESSARY
DOCUMENTS TO COMPLETE THE PURCHASE
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:
WHEREAS, the City of Hemet was awarded funding through the CalRecycle SB 1383 Local Assistance (OWR4) Grant Program to support implementation of California's mandatory organic waste recycling and edible food recovery requirements; and WHEREAS, eligible grant activities include the purchase of equipment necessary to implement the City's recovered organic products procurement program; and WHEREAS, Staff recommends the purchase of one (1) Crown CB40X-7 80-Volt Electric Forklift to safely handle compost, mulch, wood chips, and other recovered organic products while improving operational efficiency and employee safety; and WHEREAS, the proposed purchase will be made from Crown Equipment Corporation utilizing Sourcewell Contract #053024-CRO, a competitively solicited cooperative purchasing contract available to public agencies; and
17.E.
CITY OF HEMET RESOLUTION NO. 2026-134 2
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WHEREAS, Staff identified an in-stock unit that meets the City's operational needs and is available at pricing below the standard Sourcewell contract pricing, resulting in additional cost savings to the City; and
WHEREAS, the total purchase price, including estimated sales tax, is $100,855.06, and funding is available through the CalRecycle SB 1383 Local Assistance (OWR4) Grant Program.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. The foregoing recitals are true and correct and are incorporated herein by this reference.
Section 2. The City Council hereby authorizes the purchase of one (1) Crown CB40X-7 80-Volt Electric Forklift from Crown Equipment Corporation in the amount of One Hundred Thousand Eight Hundred Fifty-Five Dollars and Six Cents ($100,855.06) utilizing Sourcewell Contract #053024-CRO.
Section 3. The City Manager is hereby authorized to execute all documents and take all actions necessary to effectuate the purchase consistent with this Resolution.
Section 4. This Resolution shall take effect immediately upon its adoption.
17.E.
CITY OF HEMET RESOLUTION NO. 2026-134 3
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PASSED, APPROVED AND ADOPTED this 11th day of August, 2026. ___________________________
Linda Krupa, Mayor
APPROVED AS TO FORM: ATTEST:
________________________ __________________________
Steven Graham Pacifico, City Attorney Rosalia A. Butler, MMC, City Clerk
17.E.
CITY OF HEMET RESOLUTION NO. 2026-134 4
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State of California )
County of Riverside )
City of Hemet )
I, Rosalia A. Butler, MMC, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the 11 th day of August, 2026, and was passed by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSTAIN: Council Members:
ABSENT: Council Members:
_____________________________
Rosalia A. Butler, MMC, City Clerk
17.E.
Crown Lift Trucks - Ontario Quotation
4250 E Greystone Dr 07/15/2026
Ontario, CA 91761 Quote No.
909-923-8357
crown.com
City of Hemet
City of Hemet
445 E. Florida Ave.
Hemet, CA 92543
Dear Candace,
Crown is pleased to present this proposal for a material handling solution designed to help you meet your company’s operational goals. Our dedicated team of professionals is committed to providing integrated solutions that deliver a low total cost of ownership and exceptional long-term value.
Crown’s award-winning line of lift trucks demonstrates its reputation for advanced product design, engineering, and integrated manufacturing processes. Offering a broad range of forklifts, as well as automation and fleet management technologies, Crown seeks to provide customers with innovative, forward-thinking solutions designed to improve performance and reduce operating cost.
Many top ranked companies choose Crown due to the extraordinary trust they place in the company and its products, as well as the support they receive from the most comprehensive customer support and service network in the industry. Our goal is to be one of your best business decisions.
Thank you for the opportunity to present this proposal and the prospect of supporting your business success.
Sincerely,
Trevor White
Trevor White
Account Manager
[email protected]
442-235-1220
17.E.
Crown Lift Trucks - Ontario Quotation
4250 E Greystone Dr 07/15/2026
Ontario, CA 91761 Quote No.
909-923-8357
crown.com
City of Hemet
17.E.
Crown Lift Trucks - Ontario Quotation
4250 E Greystone Dr 07/15/2026
Ontario, CA 91761 Quote No.
909-923-8357
crown.com
City of Hemet
17.E.
Crown Lift Trucks - Ontario Quotation
4250 E Greystone Dr 07/15/2026
Ontario, CA 91761 Quote No.
909-923-8357
crown.com
City of Hemet
17.E.
Crown Lift Trucks - Ontario Quotation
4250 E Greystone Dr 07/15/2026
Ontario, CA 91761 Quote No.
909-923-8357
crown.com
City of Hemet
17.E.
Crown Lift Trucks - Ontario Quotation
4250 E Greystone Dr 07/15/2026
Ontario, CA 91761 Quote No.
909-923-8357
crown.com
City of Hemet
17.E.
Crown Lift Trucks - Ontario Quotation
4250 E Greystone Dr 07/15/2026
Ontario, CA 91761 Quote No.
909-923-8357
crown.com
City of Hemet
Features and Options
CB40X-7 80V Electric 8,000 lb. Capacity, Electric Pneumatic Tire Forklift Serial# FBB07-3790-00198 – In-stock Ontario Branch
EE Rating EE Rated
Mast Type TT- Three Stage, Full Free Lift
Lift Height 185"/4715mm
Collapsed Height 90"/2285mm
Tilt Options 9 Deg Back / 6 Deg Forward
Drive Motor IP 54 Rated Traction and Hydraulic Motors
Freezer Package Yes
Overhead Guard Height 92.5"/2350mm with Hoist Slot
Sideshifter Hang On, 49"/1245mm Wide
Accessory Hydraulics Double Accessory Hydraulics + Hang On Sideshifter Hydraulic Control Valve Double Fingertip Controls
Fork Size 2" x 6" / 50mm x 150mm
Fork Length 47"/1195mm
Fork Carriage Type Hang On Type
Fork Carriage Width 49"/1245mm
Load Backrest Size Class III 51"/1288mm x 48"/1219mm (WxH) Battery Box Size 40.9"L x 39.6"W x 33"H
Battery Connector Type SBE320
Battery Connector Color Black
Battery Side Removal Options No Side Removal
Static Strap Static Strap
Seat Option Suspension Vinyl
Seat Belt Interlock Yes
Direction Control Steering Column Directional Control Lever
17.E.
Crown Lift Trucks - Ontario Quotation
4250 E Greystone Dr 07/15/2026
Ontario, CA 91761 Quote No.
909-923-8357
crown.com
City of Hemet
Steering Knob Yes
Tire Options Solid Pneumatic, Non-marking - 250-15 Drive Tires &
7.00-12 Steer Tires
Front Flood Work Lights Two LED Floodlights
Rear Flood Work Lights One Rear LED Worklight
Flashing Light Mount Mounted Below OHG
Flashing Light Amber
Travel Alarm Smart
Rear View Mirror 2 Mirrors
Aux Power Package Yes
Emergency Power Disconnect
Button
Yes
Auto Tilt Leveling (Tilt Position
Assist)
Yes
Load Sense Load Sensing Type
Warranties:
Warranty Standard – 12 Month / 2000 Hours
Power Train Only – 24 Month / 4000 Hours
Oil Cooled Disc Brakes - 60 Month / 10,000 Hours
Complimentary First Service
17.E.
Crown Lift Trucks - Ontario Quotation
4250 E Greystone Dr 07/15/2026
Ontario, CA 91761 Quote No.
909-923-8357
crown.com
City of Hemet
CB40X-7 TT185” – SERIAL # FBB07-3790-00198
17.E.
Crown Lift Trucks - Ontario Quotation
4250 E Greystone Dr 07/15/2026
Ontario, CA 91761 Quote No.
909-923-8357
crown.com
City of Hemet
Battery and Charger Specifications
Battery Information: New V-Force 80v
Type V-Force VTR
Order Code 80V- 40-125VTR-13D
Amp Hour Capacity 750.00
KWH Rating 58.2
Weight 4,808
Battery Size 39.84" X 38.68" X 30.50"
Battery Connector Type SB350
Battery Connector Color Black
Battery Cable Position A
Battery Cable Length 20"/1016mm
Watering Kit Type V-Force
V-Force Watering Kit 80V BCI-US
Charger Information: New V-Force HFM3
Model Number
Charger Type
Battery Voltage
Line Voltage
Phase
Conventional AH
Amp Hour Setting
Charger Cable Size and Length
Charger Connector Type
Charger Connector Color
FS4-MP344-4
V-HFM3- Lead Acid
80 480
3 300-1250
950
4/0 AWG - 8'
SBE320
Black
17.E.
Crown Lift Trucks - Ontario Quotation
4250 E Greystone Dr 07/15/2026
Ontario, CA 91761 Quote No.
909-923-8357
crown.com
City of Hemet
Pricing Information
Quantity Products Price Each Extended
1 CB40X-7 TT185” (8,000lbs Capacity)
Serial# FBB07-3790-00198
$92,740.29 $92,740.29
1 New Battery: V-Force - 80V 750AH
1 New Charger: V-Force HFM3
-Includes all Freight
Total Package Price:
(Estimated Tax @ 8.75%)
Total With Tax-
$92,740.29
+$8,114.77
$100,855.06
.
* Please note customer getting a discount off the Sourcewell pricing as this unit is In-Stock at the Ontario Branch. Sourcewell List pricing is $100,058.00, plus shipping cost.
CUSTOMER AGREES: (1) PRICES ARE FIRM FOR FIFTEEN (15) DAYS FROM THE DATE OF THIS QUOTATION; (2) THIS QUOTATION INCORPORATES CROWN’S TERMS AND CONDITIONS OF SALE AVAILABLE AT crown.com/en-us/terms-and-conditions (“TERMS”) AS
IF RESTATED FULLY ARE TERMS THE AND THIS (THIS QUOTATION QUOTATION IN COLLECTIVELY THE “AGREEMENT”); (3) IT HAS READ, OR HAS HAD THE OPPORTUNITY TO READ, BIND TO THE HAS AUTHORITY AND AGREEMENT; THE UNDERSIGNED (4) CUSTOMER AND ENTER INTO THE AGREEMENT.
Prices quoted are based upon quantities
specified above.If City of Hemet cannot
accept merchandise at the time of shipment
from our supplier, City of Hemet will be
invoiced and normal terms will apply.
Above prices are subject to all state and
local taxes
FOB: Delivered
Terms: Net 10 DAYS
Crown Lift Trucks City of HEmet
Trevor White
__________
By __________________________________
Trevor White
Account Manager
Title __________________________________
17.E.
Crown Lift Trucks - Ontario Quotation
4250 E Greystone Dr 07/15/2026
Ontario, CA 91761 Quote No.
909-923-8357
crown.com
City of Hemet
17.E.
City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Aug 11 2026
Department: Public Works
Submitted by: Noah Rau, Interim City Manager
Gregg Holyoak, Public Works Operations Manager;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing
TITLE:
A Resolution Authorizing the Purchase of a Ford F750 Water Truck from PB Loader Corporation Utilizing Sourcewell Contract No. 050625-PBL
RECOMMENDED ACTION:
It is respectfully recommended that the City Council adopt the following resolution (Attachment. No. 1)
RESOLUTION NO. 2026-137 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HEMET, CALIFORNIA, AWARDING THE PURCHASE OF ONE (1) NEW/UNUSED FORD F750 WITH A VALEW WATER TRUCK BODY IN THE AMOUNT OF $128,399.66, FROM PB LOADER CORPORATION UTILIZING SOURCEWELL CONTRACT NO. 050625-PBL, AND AUTHORIZING
THE INTERIM CITY MANAGER TO EXECUTE ALL DOCUMENTS RELATED TO THE PURCHASE AND DECLARING EQUIPMENT #9006 SURPLUS TO BE SOLD AT AUCTION
EXECUTIVE SUMMARY:
Staff recommends the purchase of the Ford F750 Water truck using approved budget for fiscal year 2026/2027 from equipment replacement funds in Streets, Sewer and Water Divisions to support operations across various Public Works Divisions. Purchase of this new water truck will replace an old unit with continued maintenance costs and downtime, and give the Public Works crews a reliable piece of equipment.
BACKGROUND/ANALYSIS:
The Public Works Department currently owns and operates a 1991 model-year Ford water truck. Not only is this vehicle thirty-five years old, but it also runs on a diesel engine that AQMD has deemed low usage and targeted for replacement. The current water truck is past its usable life and constantly requires maintenance and repairs making it unreliable in the field. A new reliable water truck will be valuable to various operations throughout Public Works and can be used by all divisions for tasks such as dust control, soil compaction, site cleanup, landscape maintenance and irrigation, and assist weed abatement operations for fire prevention/suppression. On numerous occasions Public Works
17.F.
has also been called on by the Hemet Fire Department to utilize the water truck as well for fire mop up.
DISCUSSION:
Staff researched various models and sizes of trucks to determine best fit and value. The Ford F750 model with a Valew water truck system was the best option. The truck comes with a 2000 gallon tank capacity and has the ability to apply water through an option of 2 front sprayers, 2 rear sprayers, 1 side sprayer and also a rear mounted hose reel. The short wheelbase of the truck makes it more maneuverable and easier to fit into a variety of locations. It comes equipped with a gasoline engine which meets all the requirements of AQMD and CARB for this type of vehicle keeping the City in compliance with emissions laws.
In an ongoing effort to operate in a sustainably financial way, the Public Works Department is utilizing the Cooperative Purchase Agreement through Sourcewell contract No. 050625-PBL. Cooperative Purchase Agreements allow the City to secure pricing that has been established through competitive bidding efforts of federal, state and local government agencies. This process benefits the City by expediting bid awards and avoiding costs related to staff time required for the development of the bid specifications, advertisement and bid openings.
Funding for this purchase is available in the Equipment Replacement Funds from various Public Works and (380-9000) and (380-4600), Water (380-4200), Streets including Divisions Sewer approved in the adopted FY 26/27 budget.
STRATEGIC PLAN INTEGRATION:
GOAL FIVE: ORGANIZATIONAL EFFECTIVENESS
To identify the work needed inside the City organization to effectively provide services to the community and ensure financial stability.
Objective 1: Operate in a financially sustainable manner.
FISCAL IMPACT:
No General Fund Impact. Funding for this purchase was approved in the adopted fiscal year 26/27 budget from Equipment Replacement Funds in Streets, Sewer and Water.
ALTERNATIVE(S):
1. Do not approve the Award of Purchase.
2. Provide alternative direction to the Interim City Manager.
ATTACHMENT(S):
Attachment No 1 - Resolution 2026-137
Attachment No. 2 - PB Loader Quote
17.F.
CITY OF HEMET RESOLUTION NO. 2026-137 1
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CITY OF HEMET
HEMET, CALIFORNIA
RESOLUTION NO. 2026-137
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HEMET, CALIFORNIA, AWARDING THE PURCHASE
OF ONE (1) NEW/UNUSED FORD F750 WITH A VALEW
WATER TRUCK BODY IN THE AMOUNT OF $128,399.66,
FROM PB LOADER CORPORATION UTILIZING
SOURCEWELL CONTRACT NO. 050625-PBL, AND
AUTHORIZING THE INTERIM CITY MANAGER TO
EXECUTE ALL DOCUMENTS RELATED TO THE
PURCHASE AND DECLARING EQUIPMENT #9006
SURPLUS TO BE SOLD AT AUCTION
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does hereby resolve as follows:
WHEREAS, the City of Hemet Public Works Department currently owns and operates a 1991 model year Ford water truck; and
WHEREAS, the current piece of equipment is thirty-five (35) years old and has reached the end of its useful life and constantly requires maintenance and repairs making it unreliable in the field; and
WHEREAS, a new reliable water truck will be utilized by all divisions in Public Works for various tasks; and
WHEREAS, staff trucks of sizes and various researched and models is recommending the purchase of this vehicle from PB Loader Corporation in the amount of $128,399.66 utilizing Sourcewell Contract No. 050625-PBL; and
17.F.
CITY OF HEMET RESOLUTION NO. 2026-137 2
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WHEREAS, utilizing Sourcewell Cooperative pricing allows the City to secure pricing that has been established through competitive bidding efforts that avoids additional costs associated with the bidding process; and WHEREAS, funding for this purchase is available in the Equipment Replacement Funds from various Public Works Divisions including Streets (380-4200), Sewer (380- 4600), and Water (380-9000).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. The foregoing recitals are true and correct and are incorporated herein by this reference.
2. Section the (1) one of purchase hereby authorizes City The Council New/Unused Ford F750 with a Valew Water Truck Body in the amount of $128,399.66 from PB Loader Corporation utilizing Sourcewell Contract No. 050625-PBL.
Section 3. The City Council hereby authorizes the Interim City Manager to execute all necessary documents to support the purchase.
Section 4. The City Council hereby declares equipment #9006 surplus to be sold at auction.
Section 5. This Resolution shall take effect immediately upon its adoption.
17.F.
CITY OF HEMET RESOLUTION NO. 2026-137 3
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PASSED, APPROVED AND ADOPTED this 11th day of August, 2026. ___________________________
Linda Krupa, Mayor
APPROVED AS TO FORM: ATTEST:
________________________ __________________________
Steven Graham Pacifico, City Attorney Rosalia A. Butler, MMC, City Clerk
17.F.
CITY OF HEMET RESOLUTION NO. 2026-137 4
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State of California )
County of Riverside )
City of Hemet )
I, Rosalia A. Butler, MMC, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the 11 th day of August, 2026, and was passed by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSTAIN: Council Members:
ABSENT: Council Members:
_____________________________
Rosalia A. Butler, MMC, City Clerk
17.F.
QUOTATION
CITY OF HEMET PUBLIC WORKS - ATTN: GREGG HOLYOAK
HEMET, CALIFORNIA DATE: 7/29/2026
SOURCEWELL MEMBERSHIP ACCOUNT # 17728 TERMS: NET 30
PROJECT: F750 WATER TRUCK_DE-127434
QTY PART NO. DESCRIPTION PRICE EXTENSION
PB LOADER CONTRACT NO. 050625-PBL
SOURCEWELL CONTRACT - MARKET PRICES
MARKET PRICE: MSRP $131,177.00
1 MSRP TOTAL: $131,177.00
10% SOURCEWELL MEMBER DISCOUNT: ($13,118.00)
TOTAL AFTER DISCOUNT: $118,059.00
SALES TAX (8.75%): $10,330.16
CA TIRE RECYCLE FEE: $10.50
GRAND TOTAL: $128,399.66
NOTES:
13229R3
CHASSIS:
2027 F-750 GAS REGULAR CAB COMPLETE WITH:
- 158" WB
- GCWR 37,000LBS
- 335 HP @3750 RPM
- 6-SPEED AUTOMATIC TRANSMISSION
- HYDRAULIC DISC BRAKES
- STANDARD RIDE SUSPENSION
- PAINTED WHITE
VALEW BODY FROM QUOTE# VSD7726 COMPLETE WITH:
- 2,000 GALLON CAPACITY
- (2) FRONT SPRAY
- (1) MID SPRAY
- (2) REAR SPRAY
- PUSH BLOCK TOOLBOX
- LEGAL LIGHTS AND MUD FLAPS
- PAINTED WHITE
1. PURCHASE ORDERS ARE TO BE MADE OUT TO PB LOADER CORPORTATION.
2. PRICING IS SUBJECT TO CHANGE DUE TO SUPPLY CHAIN AND PRODUCTION ISSUES.
3. A CLEAN 84"-90" CA WITH CLEAN FRAME RAILS AND CLEAR PTO PROVISIONS.
PB Loader Corporation
5778 W. Barstow • Fresno, California 93722-5024 • Telephone (559) 277-7370 • Fax (559) 277-7375 Toll free 800-350-8521 • Web www.pbloader.comPage 7 of 7
17.F.
City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Aug 11 2026
Department: Human Resources
Submitted by: Noah Rau, Interim City Manager
Norma Rangel, Human Resources Manager;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing
TITLE:
A Resolution Approving the New Position of Risk Manager
RECOMMENDED ACTION:
It is respectfully recommended that the City Council adopt the following resolution (Attachment No. 1):
RESOLUTION NO. 2026-138 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HEMET, CALIFORNIA, APPROVING THE NEW POSITION OF RISK MANAGER, INCLUDING THE
NEW POSITION IN THE SALARY SCHEDULE, AND ADDING THE NEW POSITION TO THE APPROVED BUDGETED POSITION LIST FOR FISCAL YEAR 2026-27
EXECUTIVE SUMMARY:
The proposed Risk Manager classification will centralize the City's risk management functions, strengthen oversight of key programs, and provide a more proactive approach to managing organizational risks while improving operational efficiency, regulatory compliance, and employee safety. Establishing this position aligns with best practices among public agencies and will better position the City to protect its financial resources, support employees, and strengthen its overall risk management program for the future. Staff recommends that the City Council adopt the attached Resolution approving the Risk Manager classification and salary range.
BACKGROUND/ANALYSIS:
A Risk Manager plays an important role in protecting the City's financial stability, operational effectiveness, and legal interests by identifying, assessing, and managing organizational risks. The position provides leadership in developing risk management strategies, ensuring compliance with applicable laws and regulations, and helping City leadership make informed decisions by evaluating potential risks and recommending practical solutions. Effective risk management also strengthens organizational accountability, promotes workplace safety, and helps minimize the financial and operational impacts of unexpected events.
17.G.
The Administrative Services Department currently oversees the City's risk management programs, with the Human Resources Division administering workplace safety and workers' compensation and the Finance Division administering general liability, risk transfer, and specialty insurance coverages.
As the City's risk management responsibilities have grown in complexity and regulatory requirements have increased, this decentralized approach has become more time-intensive and makes it more difficult to proactively manage organizational risk.
Establishing a dedicated Risk Manager position would bring these functions under a single point of coordination and provide focused oversight of the City's risk management program. The position would reduce the administrative workload associated with insurance and contract compliance, oversee liability claims from initiation through resolution, and coordinate with the City Attorney's Office on litigation matters. The Risk Manager would also evaluate the City's insurance program to ensure appropriate coverage, lead workplace safety initiatives, address audit findings, ensure compliance with the strengthen regulations, (OSHA) and Health and Safety Occupational Administration administration of workers' compensation claims. Improving these programs is expected to reduce claim costs, minimize lost work time, decrease overtime associated with backfilling positions, and improve overall operational efficiency.
In addition to managing the City's day-to-day risk management functions, this position would help support proactive and identifying to approach a City's by sustainability long-term the taking addressing organizational risks, enhancing employee health and safety, and supporting strategic decision-making. citywide risk to approach a coordinated, would Manager Risk The provide management that improves operational continuity, reduces financial exposure, and strengthens regulatory compliance. While the size and structure of risk management programs vary among public agencies, establishing a dedicated Risk Manager position is widely recognized as a best practice that promotes effective governance, organizational resilience, and long-term organizational success.
DISCUSSION:
City staff reviewed comparable Risk Manager classifications from surrounding agencies, developed the proposed job description (Attachment No. 2), and recommends establishing the Risk Manager salary range at $10,303 to $13,807 per month. Based on the position's level of responsibility, scope of authority, designating the recommends also staff requires, it judgment independent the and classification as part of the City's Management/Confidential employee group. A revised salary schedule (Attachment No. 3) establishing the salary range for the proposed classification is also included for Council's consideration.
The Risk Manager position would help strengthen the City's long-term success by taking a proactive approach to identifying, assessing, and managing organizational risks while supporting employee health, safety, and wellness. The position would also provide strategic oversight of the City's risk management program, helping reduce financial exposure, improve operational continuity, and ensure compliance with applicable laws and regulations.
The Risk Manager's responsibilities would support every City department by providing a coordinated, organization-wide approach to managing risk and responding to potential liabilities. Although the structure of risk management programs varies among public agencies, establishing a dedicated Risk Manager governance, improves that practice best strengthens as recognized widely is a organizational resilience, and better positions an agency to address future challenges.
17.G.
The City's the covered classification benefited by a is Manager Risk proposed full-time, Management/Confidential Resolution. As a Management/Confidential position, it is exempt from the meet-and-confer requirements of the Meyers-Milias-Brown Act (MMBA).
PREVIOUS COUNCIL ACTION:
This is a new classification to the City and there is no previous action on this item.
STRATEGIC PLAN INTEGRATION:
GOAL FIVE: ORGANIZATIONAL EFFECTIVENESS
To identify the work needed inside the City organization to effectively provide services to the community and ensure financial stability.
Objective 1: Operate in a financially sustainable manner.
Objective 2: Evaluate existing practices to ensure continuity with industry best practices.
Objective 3: Provide Council with policies that are consistent while lessening liabilities.
Objective 4: Increase employee retention by training and creating a positive workplace.
FISCAL IMPACT:
Appropriations for the addition of this position have already been included in Fiscal Year 2026-27 Budget. No additional appropriations are needed at this time.
ALTERNATIVE(S):
Council may either not approve this item or provide alternative direction to staff.
ATTACHMENT(S):
Attachment 1 - Resolution No. 2026-138
Attachment 2 - Risk Manager Job Description
Attachment 3 - Salary by Position 2026-08-11 add Risk Manager
17.G.
CITY OF HEMET RESOLUTION NO. 2026-138 1
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CITY OF HEMET
HEMET, CALIFORNIA
RESOLUTION NO. 2026-138
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HEMET, CALIFORNIA, APPROVING THE NEW
POSITION OF RISK MANAGER, INCLUDING THE NEW
POSITION IN THE SALARY SCHEDULE AND ADDING
THE NEW POSITION TO THE APPROVED BUDGETED
POSITION LIST FOR FISCAL YEAR 2026-27
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:
WHEREAS, Risk Managers protect the City's financial stability, operational effectiveness, managing and assessing, identifying, and interests legal by organizational risks. They also strengthen accountability, promote workplace safety, and reduce the financial and operational impact of unexpected events; and WHEREAS, the Human Resources Division currently oversees the City's risk management programs, but day-to-day functions are shared across departments. This decentralized responsibilities City's complex and increasingly the makes model regulatory requirements difficult to manage proactively; and WHEREAS, consolidate a dedicated Risk Manager position would these functions under a single point of coordination and provide focused oversight of the City's risk and identify proactively would address This program. management position organizational risks, enhance employee health and safety, and support strategic decision-making; and
17.G.
CITY OF HEMET RESOLUTION NO. 2026-138 2
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WHEREAS, the Risk Manager would support every City department through a coordinated, organization-wide approach to managing risk and responding to potential liabilities; and
WHEREAS, although the structure of risk management programs varies among public agencies, establishing a dedicated Risk Manager is widely recognized as a best practice that improves governance, strengthens organizational resilience, and better positions an agency to meet future challenges.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET FINDS, DETERMINES, ORDERS AND RESOLVES AS FOLLOWS:
SECTION 1.Establish the new position of Risk Manager.
SECTION 2.Establish a salary range of $10,303 - $13,807 monthly.
SECTION 3.This action will take effect at the beginning of the pay period commencing August 17, 2026.
///
17.G.
CITY OF HEMET RESOLUTION NO. 2026-138 3
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PASSED, APPROVED AND ADOPTED this 11th day of August, 2026. ___________________________
Linda Krupa, Mayor
APPROVED AS TO FORM: ATTEST:
________________________ __________________________
Steven Graham Pacifico, City Attorney Rosalia A. Butler, MMC, City Clerk
17.G.
CITY OF HEMET RESOLUTION NO. 2026-138 4
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State of California )
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City of Hemet )
I, Rosalia A. Butler, MMC, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the 11 th day of August, 2026, and was passed by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSTAIN: Council Members:
ABSENT: Council Members:
_____________________________
Rosalia A. Butler, MMC, City Clerk
17.G.
CLASSIFICATION SPECIFICATION
RISK MANAGER
JOB FAMILY:
EEO CATEGORY:
FLSA: Exempt
JOB CLASS CODE: 9922
PAY PLAN: Full-Time - Regular
BARGAINING UNIT/GROUP: Management/Confidential
PAY GRADE: 943
BASIC FUNCTION:
Under general direction, the Risk Manager plans, organizes, manages, and administers the City’s comprehensive risk management and safety programs, including workers’ compensation, general liability, insurance, claims management, loss prevention programs, and regulatory compliance; analyzes complex risk and liability issues; coordinates with agencies, legal counsel, insurers, and third- party administrators; and prepares and presents reports and recommendations.
CLASSIFICATION CHARACTERISTICS:
The Risk Manager is a management position responsible for managing and overseeing the daily operations of the City’s comprehensive risk management and safety programs, including workers’ compensation, liability claims, insurance, and loss prevention activities. Incumbents exercise and safety coordination, insurance administration, overseeing in judgment independent claims compliance programs, and in providing technical and operational guidance to departments and executive leadership on risk exposure and mitigation strategies.
ESSENTIAL FUNCTIONS, DUTIES AND TASKS:
The following list of functions, duties and tasks is typical for this classification. Incumbents may not perform all the listed duties and/or may be required to perform other closely related or department- specific functions, duties and tasks from those set forth below to address business needs and changing business practices.
comprehensive management risk the City's and administers, organizes, Plans, evaluates program, including workers' compensation, liability, property and casualty insurance, safety, loss control, regulatory compliance, emergency preparedness, and related risk management activities.
Develops, implements, standardizes, and continuously evaluates risk management policies, procedures, performance, programs, and service delivery methods; monitors program administrative systems, and workload; identifies operational improvements and implements best practices.
Participates in the development and administration of the division budget; forecasts staffing, equipment, materials, contractual services, and operational needs; monitors expenditures and ensures compliance with approved budget appropriations.
17.G.
Risk Manager
Directs the administration of the City's workers' compensation, liability, and property claims programs; oversees Third-Party Administrators (TPAs), claims management vendors, and legal counsel; monitors claims processing, litigation, settlements, appeals, return-to-work efforts, and claims costs while implementing strategies to reduce organizational risk and workplace injuries.
Investigates, evaluates, negotiates, adjusts, settles, or recommends disposition of workers' compensation, liability, and property claims within established authority; attends hearings and settlement conferences as required; coordinates with attorneys, insurance carriers, and City departments on complex claims and litigation matters; reviews and approves legal invoices. recommending exposures, evaluating by risk insurance City's the Administers programs insurance coverage or self-insurance strategies, preparing insurance specifications, procuring insurance through bid or negotiation, auditing premium billings, negotiating policy terms, and maintaining effective relationships with insurance carriers, brokers, and service providers.
Develops and administers insurance compliance procedures for City contracts, agreements, vendors, contractors, special events, and other third parties; reviews and approves certificates of insurance and evaluates requests for exceptions to insurance requirements. identifying opportunities, recovery by Oversees recovery and subrogation activities coordinating evidence collection, pursuing reimbursement, processing recovery payments, and ensuring proper reimbursement of deductibles when applicable.
Develops, implements, and administers comprehensive loss prevention, occupational safety, and investigates and accidents inspections; reduction conducts programs; injury facility incidents; analyzes injury and loss trends; recommends corrective actions; develops policies and procedures; and ensures compliance with Cal/OSHA and other applicable federal, state, and local regulations.
Administers regulatory compliance programs, including the Department of Transportation Commercial Driver License (CDL) Program, Workplace Violence Prevention Program, hazardous materials safety, employee mandated and other waste hazardous and management, certification, and regulatory training programs.
Directs and coordinates employee safety training, specialized certification programs, emergency response training, and regulatory compliance education; facilitates safety committee meetings and promotes a proactive culture of workplace safety.
Responds to emergencies involving employee or public injury, property damage, or other significant incidents; conducts investigations to determine cause, liability, corrective actions, and long-term risk mitigation strategies.
17.G.
Risk Manager
Evaluates risks related to City facilities, operations, utilities, infrastructure, and security; collaborates with departments to develop security protocols, asset protection measures, disaster continuity business and plans, mitigation emergency strategies, preparedness initiatives.
Prepares presentations, Requests studies, resolutions, for agenda Council City reports, Qualifications/Proposals, contracts, scopes of work, and other technical and administrative reports; negotiates and administers professional service agreements; responds to audits, regulatory reviews, public records requests, and inquiries from executive management, elected officials, regulatory agencies, and the public.
Participates in establishing division goals, objectives, policies, priorities, staffing plans, and performance measures; monitors program effectiveness and implements continuous process improvements.
Provides day-to-day leadership and supervision of assigned staff; participates in recruitment and selection; recommends appointments; trains, coaches, mentors, evaluates performance, establishes performance expectations, addresses performance issues, and supports employee development while fostering a collaborative, customer service-oriented work environment.
Performs other duties as assigned.
KNOWLEDGE, SKILLS AND ABILITIES:
KNOWLEDGE OF:
•Principles, practices, and techniques of public sector risk management, including workers' compensation, and control, loss insurance, claims and property liability, casualty administration.
•management, risk governing standards and regulations, local and state, Federal, laws, occupational safety, workers' compensation, Cal/OSHA, Department of Transportation (DOT), Commercial Driver License (CDL) requirements, Workplace Violence Prevention, hazardous materials, and related regulatory programs.
•Claims investigation, evaluation, settlement, litigation management, subrogation, return-to- work programs, and claims cost containment strategies.
•Insurance principles and practices, including policy analysis, underwriting, procurement, self- insurance, risk financing, certificates of insurance, and contract insurance requirements. •Principles of occupational health and safety, accident prevention, safety inspections, hazard identification, and incident investigation.
•Emergency preparedness, disaster mitigation, business continuity, and security risk assessment principles.
17.G.
Risk Manager
•Principles and practices of public administration, program management, strategic planning, performance measurement, and continuous process improvement. •Budget development, fiscal administration, contract administration, and procurement practices. •Principles of supervision, employee development, performance management, and team leadership.
•Research methods, statistical analysis, report preparation, and presentation techniques. •software, management claims management systems, technology, office Modern records spreadsheet and database applications, and other software related to risk management and human resources.
SKILL TO:
•Plan, organize, administer, and evaluate comprehensive risk management, safety, and insurance programs.
•Investigate, evaluate, negotiate, and resolve workers' compensation, liability, and property claims.
•Analyze complex claims, insurance policies, contracts, loss data, and legal documents to determine risk exposure and appropriate courses of action. •Develop and implement effective safety, loss prevention, and regulatory compliance programs. •Conduct inspections, investigations, audits, and risk assessments to identify hazards and recommend corrective actions.
•Prepare clear, concise, and accurate reports, policies, procedures, contracts, specifications, and City Council agenda materials.
•Analyze data, identify trends, and develop practical solutions to reduce organizational risk and claims costs.
•Negotiate effectively with insurance carriers, attorneys, third-party administrators, vendors, contractors, and other stakeholders.
•Manage multiple priorities, projects, contracts, and deadlines while maintaining attention to detail.
•Utilize computer systems and software applications related to claims management, budgeting, data analysis, and report preparation.
•Deliver effective presentations and employee training programs.
ABILITY TO:
•Plan, organize, prioritize, and manage multiple complex programs and projects simultaneously while meeting established deadlines.
•Interpret, apply, explain, and ensure compliance with applicable laws, regulations, policies, collective bargaining agreements, and industry best practices. •Exercise sound judgment and make informed decisions involving complex financial, legal, operational, and personnel matters.
•Develop, implement, and evaluate policies, procedures, and programs that improve organizational effectiveness and reduce risk.
17.G.
Risk Manager
•Build and maintain effective working relationships with employees, department directors, executive management, elected officials, legal counsel, insurance carriers, regulatory agencies, vendors, and the public.
•Communicate effectively, both orally and in writing, with individuals from diverse backgrounds and varying levels of technical knowledge.
•Prepare and present technical information and recommendations to executive management, City Council, committees, and other groups.
•Lead, supervise, motivate, coach, and evaluate assigned staff while fostering a collaborative and customer service-oriented work environment.
•Analyze complex problems, identify practical solutions, and implement effective corrective actions.
•Maintain confidentiality and exercise discretion when handling sensitive personnel, legal, medical, and financial information.
•Respond effectively to emergencies, crises, and rapidly changing priorities while maintaining professionalism and sound judgment.
•Establish and maintain accurate records, documentation, and reporting systems. •Work independently with minimal supervision while exercising initiative and accountability. •Represent the City professionally in meetings, negotiations, hearings, and interactions with internal and external stakeholders.
EDUCATION:
A bachelor’s degree in risk management, human resources, public administration, business administration, or a related field.
EXPERIENCE:
Five (5) years of increasingly responsible professional experience in the administration of risk management, safety, emergency preparedness, workers' compensation, and liability claims.
LICENSES AND OTHER REQUIREMENTS:
•Must possess a valid California driver’s license.
oThe City reasonably expects driving to be one of the job functions for the position, and the City reasonably believes that using an alternative form of transportation would not be comparable in travel time or cost to the City.
•Professional certifications in Risk Management or a related field are desirable.
WORKING CONDITIONS:
ENVIRONMENT:
The employee primarily performs work indoors within an office environment that is generally clean and free from significant exposure to dust, fumes, or odors. Noise levels are typically moderate, with occasional interruptions from telephone calls, meetings, and interactions with staff and the public.
17.G.
Risk Manager
Some offsite travel may be required to attend meetings, visit facilities, or manage technology-related projects.
PHYSICAL DEMANDS:
This position requires prolonged periods of sitting and frequent use of computer equipment. The employee must be able to perform tasks involving walking on level surfaces, occasional standing, reaching, bending, twisting, kneeling, and crouching. Fine motor skills and repetitive hand movements are essential for keyboarding, operating technical devices, and managing equipment. The role requires both near and far vision for computer work, equipment inspection, and reviewing documents. The employee must be able to lift, carry, push, or pull items weighing up to 50 pounds occasionally, such as computer hardware or office supplies.
ADA NOTIFICATION:
The duties, skills, and demands described here are representative of those that must be met to successfully perform the essential functions of the job. When appropriate, reasonable accommodation may be made to enable individuals with disabilities to perform the essential duties, skills, and demands.
JOB CLASS HISTORY
Established: 08/11/2026
17.G.
Salary Schedule by Position
Effective August 17, 2026
Approved by Council
August 11, 2026
SEIU Longevity
Position Unit Range 1 2 3 4 5 6 7 6 7
Accountant SEIU 462 $6,391 $6,711 $7,046 $7,398 $7,768 $7,963 $8,162 Accounting Manager MC $10,303 $10,818 $11,359 $11,927 943 $12,524 $13,150 $13,807 Accounting Technician I SEIU 445 $4,200 $4,410 $4,631 $4, 862 $5,105 $5,233 $5,364 Accounting Technician II SEIU 451 $4,871 $5,114 $5,370 $5 ,639 $5,921 $6,069 $6,220 Accounting Technician III SEIU 454 $5,245 $5,508 $5,783 $ 6,072 $6,376 $6,535 $6,699 Administrative Assistant HMMA 522 $4,909 $5,155 $5,412 $5 ,683 $5,967 $6,265 Administrative Services Director AW ASD $15,201 $15,961 $16,759 $17,597 $18,477 $19,401 $20,371 Assistant Civil Engineer SEIU 472 $8,181 $8,590 $9,020 $9 ,471 $9,944 $10,193 $10,448 $6,235 $6,547 $6,874 $7,218 $7, Assistant Planner SEIU 461 579 $7,768 $7,963 Assistant to the City Manager MC 936 $8,668 $9,101 $9,55 6 $10,034 $10,536 $11,062 $11,616 Associate Civil Engineer HMMA 547 $9,101 $9,556 $10,034 $ 10,536 $11,062 $11,616 Associate Planner HMMA 538 $7,288 $7,652 $8,034 $8,436 $8, 858 $9,301 Battalion Chief AW BC $13,265 $13,928 $14,624 $15,356 $16, 123 $5,511 $5,787 $6,076 $6,380 Building Inspector I SEIU 456 $6,699 $6,866 $7,038 $6,083 $6,387 $6,707 $7,04 Building Inspector II SEIU 460 2 $7,394 $7,579 $7,768 Building Technician I SEIU 453 $5,118 $5,373 $5,642 $5,92 4 $6,220 $6,376 $6,535 Building Technician II SEIU 457 $5,649 $5,931 $6,228 $6,5 39 $6,866 $7,038 $7,214 Chief Building Official AW CBO $10,888 $11,433 $12,004 $1 2,604 $13,235 $13,896 $14,591 PC Annual salary $299,748 AW Chief of Police
City Clerk AW CC $13,474 $14,148 $14,855 $15,598 $16,378 $1 7,197 $18,056 City Manager AW CM Annual salary $315,588
City Treasurer - Elected E ELE $645.67
Last Approved: 2 2026-07-28 TB City of Hemet Salary Schedule 026-06-23
17.G.
Salary Schedule by Position
Effective August 17, 2026
Approved by Council
August 11, 2026
SEIU Longevity
Position Unit Range 1 2 3 4 5 6 7 6 7
Civilian Investigator n/a CINV $26.00 $27.30 $28.67 $30.1 0 $31.60 $33.18 $34.84 (Hourly rates) Code Compliance Manager HMMA 548 $9,329 $9,795 $10,285 $1 0,799 $11,339 $11,906 Code Enforcement Officer I $5,118 $5,373 $5,64 SEIU 453 2 $5,924 $6,220 $6,376 $6,535 Code Enforcement Officer II SEIU 458 $5,790 $6,080 $6,38 3 $6,703 $7,038 $7,214 $7,394 Communications and Events Coordinator MC 932 $7,853 $8, 245 $8,657 $9,090 $9,545 $10,022 $10,523 Community Development Director AW CDD $14,668 $15,402 $1 6,172 $16,980 $17,830 $18,721 $19,657 Community Risk Reduction Cadet n/a CRR $20.00/per hour
Community Services Officer HNSPEA 334 $4,637 $4,869 $5,1 12 $5,368 $5,636 $5,918 Community Solutions Coordinator MC 932 $7,853 $8,245 $8, 657 $9,090 $9,545 $10,022 $10,523 $1,900 Council Member - Elected E ELE
Crime Analyst HMMA 536 $6,936 $7,283 $7,647 $8,030 $8,431 $ 8,853 Crime Scene Technician HNSPEA 341 $6,333 $6,650 $6,983 $7 ,332 $7,698 $8,083 Cross Connection Spec/CSR SEIU 461 $6,235 $6,547 $6,874 $ 7,218 $7,579 $7,768 $7,963 Customer Service and Accounting Supervisor HMMA 532 $6 ,284 $6,598 $6,928 $7,275 $7,638 $8,020 Customer Service Representative SEIU 450 $4,752 $4,990 $ 5,239 $5,501 $5,776 $5,921 $6,069 Deputy City Clerk MC 915 $5,161 $5,419 $5,690 $5,974 $6,27 3 $6,586 $6,916 Deputy Director of Community Development AW DCD $11,48 1 $12,055 $12,658 $13,291 $13,955 $14,653 $15,386 DFC $15,894 $16,688 $17,523 $18,399 $ AW Deputy Fire Chief 19,319 Deputy Public Works Director / Assistant City Engineer AW DPW $11,481 $12,055 $12,658 $13,291 $13,955 $14,653 $ 15,386 Economic Development Analyst MC 925 $6,606 $6,936 $7,283 $7,647 $8,030 $8,431 $8,853 Economic Development Director AW EDD $14,668 $15,402 $16 ,172 $16,980 $17,830 $18,721 $19,657 Economic Development Manager MC 942 $10,052 $10,554 $11, 082 $11,636 $12,218 $12,829 $13,470 2026-07-28 TB City of Hemet Salary Schedule Last Approved: 2 026-06-23
17.G.
Salary Schedule by Position
Effective August 17, 2026
Approved by Council
August 11, 2026
SEIU Longevity
Position Unit Range 1 2 3 4 5 6 7 6 7
Emergency Medical Services (EMS) Coordinator n/a EMS $ 85.00/per hour Emergency Services Coordinator HMMA 527 $5,554 $5,832 $6 ,123 $6,430 $6,751 $7,089 Engineering Technician I SEIU 454 $5,245 $5,508 $5,783 $6 ,072 $6,376 $6,535 $6,699 Engineering Technician II SEIU 459 $5,935 $6,231 $6,543 $ 6,870 $7,214 $7,394 $7,579 Environmental Services Manager HMMA 546 $8,879 $9,323 $9 ,789 $10,279 $10,793 $11,332 Equipment Maintenance Supervisor HMMA 537 $7,110 $7,465 $7,839 $8,230 $8,642 $9,074 454 $5,245 $5,508 $5,783 $6,072 $6 Equipment Mechanic SEIU ,376 $6,535 $6,699 Executive Analyst HMMA 537 $7,110 $7,465 $7,839 $8,230 $8, 642 $9,074 Executive Analyst - City Manager's Office MC 928 $7,11 4 $7,470 $7,843 $8,235 $8,647 $9,079 $9,533 Executive Assistant HMMA 529 $5,835 $6,127 $6,433 $6,755 $ 7,093 $7,448 Executive Assistant - City Manager's Office MC 920 $5, 839 $6,131 $6,437 $6,759 $7,097 $7,452 $7,825 Facilities Maintenance Supervisor HMMA 537 $7,110 $7,4 65 $7,839 $8,230 $8,642 $9,074 Facilities Technician SEIU 458 $5,790 $6,080 $6,383 $6,70 3 $7,038 $7,214 $7,394 $4,200 $4,410 $4,631 $4,8 445 SEIU Facility Services Aide 62 $5,105 $5,233 $5,364 $9,004 $9,454 $9,927 $10,423 $10,944 HFFA Fire Captain 203 $11,492 $12,066 Fire Chief AW FC $17,510 $18,386 $19,305 $20,270 $21,284 $2 2,348 $23,466 Fire Engineer HFFA 202 $7,735 $8,122 $8,528 $8,954 $9,402 $ 9,872 $10,366 200 $5,806 $6,096 $6,401 $6, Fire Prevention Officer HFFA 721 $7,057 $7,410 $7,781 HFFA Firefighter 201 $6,703 $7,038 $7,390 $7,760 $8,148 $8, 555 Firefighter/Paramedic Trainee HFFA 201T $5,027
$6,715 $7,050 $7,403 $7,773 $8,162 464 GIS Specialist SEIU $8,366 $8,575 Housing Program Specialist SEIU 454 $5,245 $5,508 $5,783 $6,072 $6,376 $6,535 $6,699 2026-07-28 TB City of Hemet Salary Schedule Last Approved: 2 026-06-23
17.G.
Salary Schedule by Position
Effective August 17, 2026
Approved by Council
August 11, 2026
SEIU Longevity
Position Unit Range 1 2 3 4 5 6 7 6 7
Human Resources Analyst MC 932 $7,853 $8,245 $8,657 $9,09 0 $9,545 $10,022 $10,523 Human Resources Manager MC $10,303 $10,818 $11,359 $1 943 1,927 $12,524 $13,150 $13,807 Human Resources Technician MC 916 $5,290 $5,554 $5,832 $6 ,123 $6,430 $6,751 $7,089 Information Technology Manager HMMA 554 $10,818 $11,359 $11,927 $12,524 $13,150 $13,807 Information Technology Specialist I HMMA 534 $6,602 $6, 932 $7,279 $7,643 $8,025 $8,426 Information Technology Specialist II HMMA 536 $6,936 $7 ,283 $7,647 $8,030 $8,431 $8,853 Intern I n/a PTA $16.90 $17.75 $18.63 $19.56 $20.54 $21.57 ( Hourly Rates) Intern II n/a PTG $17.30 $18.17 $19.07 $20.03 $21.03 $22.08 (Hourly Rates) $5,790 $6,080 $6,383 $6, SEIU 458 Lead Equipment Mechanic 703 $7,038 $7,214 $7,394 Lead Maintenance Worker SEIU 454 $5,245 $5,508 $5,783 $6, 072 $6,376 $6,535 $6,699 Lead Tree Trimmer SEIU 457 $5,649 $5,931 $6,228 $6,539 $6, 866 $7,038 $7,214 Lead Water Distribution Sys. Oper SEIU 458 $5,790 $6,08 0 $6,383 $6,703 $7,038 $7,214 $7,394 HMMA 527 $5,554 $5,832 $6,123 $6,430 $6,751 $7,08 Librarian 9 Library Aide, Temporary On-Call n/a PTA $16.90 $17.75 $ 18.63 $19.56 $20.54 (Hourly rates) $3,533 $3,710 $3,896 $4,090 $ 438 Library Assistant I SEIU 4,295 $4,402 $4,512 Library Assistant II SEIU 444 $4,098 $4,303 $4,518 $4,744 $4,981 $5,105 $5,233 Library Associate I SEIU 448 $4,523 $4,749 $4,987 $5,236 $ 5,498 $5,635 $5,776 Library Associate II SEIU 451 $4,871 $5,114 $5,370 $5,639 $5,921 $6,069 $6,220 Library Manager HMMA 545 $8,663 $9,096 $9,550 $10,028 $10, 529 $11,056 SEIU 428 $3,015 $3,166 $3,324 $3,490 $3,665 Library Page $3,756 $3,850 Literacy Coordinator PT SEIU 448 $26.10 $27.40 $28.77 $30 .21 $31.72 (Hourly rates) $32.51 $33.32 Maintenance Aide I - TPT n/a CCY $16.90 $17.75 $18.63 $19 .56 $20.54 (Hourly rates) Last Approved: 2 2026-07-28 TB City of Hemet Salary Schedule 026-06-23
17.G.
Salary Schedule by Position
Effective August 17, 2026
Approved by Council
August 11, 2026
SEIU Longevity
Position Unit Range 1 2 3 4 5 6 7 6 7
Maintenance Worker I SEIU 447 $4,413 $4,633 $4,865 $5,108 $5,364 $5,498 $5,635 Maintenance Worker II SEIU $4,752 $4,990 $5,239 $5,50 450 1 $5,776 $5,921 $6,069 Management Analyst MC $6,940 $7,288 $7,652 $8,034 $8,4 927 36 $8,858 $9,301 Management Assistant HMMA 528 $5,693 $5,978 $6,277 $6,590 $6,920 $7,266 Network Systems Administrator HMMA 548 $9,329 $9,795 $10 ,285 $10,799 $11,339 $11,906 Office Specialist - Confidential HMMA 516 $4,233 $4,44 5 $4,667 $4,900 $5,145 $5,403 439 $3,622 $3,803 $3,993 $4,193 $ Office Specialist I SEIU 4,402 $4,512 $4,625 SEIU 443 $3,998 $4,198 $4,408 $4,628 Office Specialist II $4,859 $4,981 $5,105 Office Specialist III SEIU 447 $4,413 $4,633 $4,865 $5,10 8 $5,364 $5,498 $5,635 Outreach and Engagement Specialist HNSPEA 335 $4,869 $5 ,112 $5,368 $5,636 $5,918 $6,214 Parks Maintenance Supervisor HMMA 537 $7,110 $7,465 $7,8 39 $8,230 $8,642 $9,074 Payroll/Human Resources Specialist MC 919 $5,696 $5,981 $6,280 $6,594 $6,924 $7,270 $7,634 Planning Technician $4,871 $5,114 $5,370 $5,639 $ 451 SEIU 5,921 $6,069 $6,220 Police Cadet HNSPEA CP23 $17.03 $17.88 $18.77 $19.71 $20.7 0 $21.73 (Hourly rates) Police Captain HPMA 603 $14,325 $15,042 $15,794 $16,583 $1 7,413 $18,283 Police Corporal HPOA 154 $10,469 $10,993 $11,542
HPOA 152 $8,184 $8,594 $9,023 $9,474 $ Police Investigator 9,948 $10,446 $10,968 Police Lieutenant HPMA 602 $13,023 $13,674 $14,358 $15,07 6 $15,830 $16,621 Police Officer HPOA 150 $7,440 $7,812 $8,203 $8,613 $9,044 $9,496 $9,971 Police Officer-Trainee HPOA 149 $5,580
Police Personnel & Training Coordinator MC 920 $5,839 $ 6,131 $6,437 $6,759 $7,097 $7,452 $7,825 Police Sergeant HPMA 601 $10,853 $11,395 $11,965 $12,563 $ 13,191 $13,851 Last Approved: 2 2026-07-28 TB City of Hemet Salary Schedule 026-06-23
17.G.
Salary Schedule by Position
Effective August 17, 2026
Approved by Council
August 11, 2026
SEIU Longevity
Position Unit Range 1 2 3 4 5 6 7 6 7
Principal Accountant MC 929 $7,292 $7,656 $8,039 $8,441 $8 ,863 $9,306 $9,772 Principal Engineer HMMA 551 $10,046 $10,548 $11,076 $11,6 29 $12,211 $12,821 Principal Planner HMMA 551 $10,046 $10,548 $11,076 $11,6 29 $12,211 $12,821 Procurement Administrator HMMA 541 $7,848 $8,240 $8,652 $ 9,085 $9,539 $10,016 Program Coordinator - Office of Violence Prevention MC 915 $5,161 $5,419 $5,690 $5,974 $6,273 $6,586 $6,916 Property & Evidence Technician HNSPEA 336 $5,113 $5,369 $5,637 $5,919 $6,215 $6,526 Public Information Social Media Officer HMMA 539 $7,47 0 $7,843 $8,235 $8,647 $9,079 $9,533 Public Safety Dispatch Supervisor HMMA 536 $6,936 $7,28 3 $7,647 $8,030 $8,431 $8,853 Public Safety Dispatcher HNSPEA 338 $5,728 $6,014 $6,315 $6,631 $6,962 $7,310 Public Safety Dispatcher - On Call n/a PTB $42.17 (Per hour) Public Safety Office Specialist HNSPEA 330 $4,234 $4,44 6 $4,668 $4,902 $5,147 $5,404 Public Safety Office Specialist Supervisor HMMA 530 $5 ,981 $6,280 $6,594 $6,924 $7,270 $7,634 Public Safety Operator HNSPEA 333 $3,934 $4,130 $4,337 $4 ,554 $4,781 $5,020 Public Safety Support Services Manager HMMA 551 $10,04 6 $10,548 $11,076 $11,629 $12,211 $12,821 Public Works Director/City Engineer AW PWE $16,603 $17, 433 $18,305 $19,220 $20,181 $5,935 $6,231 $6,543 $6 Public Works Inspector I SEIU 459 ,870 $7,214 $7,394 $7,579 $6,551 $6,878 $7,222 $ Public Works Inspector II SEIU 463 7,583 $7,963 $8,162 $8,366 Public Works Operations Manager HMMA 551 $10,046 $10,54 8 $11,076 $11,629 $12,211 $12,821 Risk Manager MC 943 $10,303 $10,818 $11,359 $11,927 $12,52 4 $13,150 $13,807 $7,231 $7,592 $7,972 $ 467 SEIU Senior Building Inspector 8,371 $8,789 $9,009 $9,234 Senior Engineering Technician SEIU 463 $6,551 $6,878 $7, 222 $7,583 $7,963 $8,162 $8,366 Senior Planner HMMA 544 $8,451 $8,874 $9,318 $9,783 $10,2 73 $10,786 Last Approved: 2 2026-07-28 TB City of Hemet Salary Schedule 026-06-23
17.G.
Salary Schedule by Position
Effective August 17, 2026
Approved by Council
August 11, 2026
SEIU Longevity
Position Unit Range 1 2 3 4 5 6 7 6 7
Senior Public Works Inspector SEIU 471 $7,982 $8,381 $8, 800 $9,240 $9,702 $9,944 $10,193 HMMA 537 $7,110 $7,465 $7,839 $8,230 $8 Streets Supervisor ,642 $9,074 Tree Trimmer SEIU 453 $5,118 $5,373 $5,642 $5,924 $6,220 $6,376 $6,535 Water Dist Sys Oper I SEIU 449 $4,636 $4,868 $5,111 $5,36 7 $5,635 $5,776 $5,921 454 $5,245 $5,508 $5,783 $6,0 Water Dist Sys Oper II SEIU 72 $6,376 $6,535 $6,699 Water Production Systems Oper. I SEIU 456 $5,511 $5,787 $6,076 $6,380 $6,699 $6,866 $7,038 Water Production Systems Oper. II SEIU 461 $6,235 $6,54 7 $6,874 $7,218 $7,579 $7,768 $7,963 Water Quality & Conserv. Spec. SEIU 458 $5,790 $6,080 $6 ,383 $6,703 $7,038 $7,214 $7,394 Water/Waste Water Superintendent HMMA 553 $10,554 $11,0 82 $11,636 $12,218 $12,829 $13,470 Water/Waste Water Supervisor HMMA 539 $7,470 $7,843 $8,2 35 $8,647 $9,079 $9,533 Number of Authorized Titles 142
All rates are monthly unless otherwise indicated.
BARGAINING UNIT KEY
At Will AW
Elected Officials E
Hemet Firefighters Association HFFA
Hemet Mid Management Association HMMA
Hemet Non-Sworn Personnel HNSPEA
Hemet Police Officers Association HPOA
Hemet Police Management Association HPMA
Management/Confidential Personnel
MC
Service Employees International Union SEIU
This salary schedule incorporates a new salary for the Chief of Police and City Manager positions. Proposed changes are $ 293,568 to $299,748 for the Chief of Police and $315,588 to $322,236 for the City Manager.
2026-07-28 TB City of Hemet Salary Schedule Last Approved: 2 026-06-23
17.G.
City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Aug 11 2026
Department: Fire Department
Submitted by: Noah Rau, Interim City Manager
Cameron Phillips, Interim Fire Chief;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing
TITLE:
A Resolution Approving a Memorandum of Understanding (MOU) with the California Firefighter Joint Apprenticeship Committee and Authorizing the Use of Ambulance Service Contract Penalty Funds in an Amount Not to Exceed $130,000 for Fire Department Paramedic Training
RECOMMENDED ACTION:
It is respectfully recommended that the City Council adopt the following resolution:
RESOLUTION NO. 2026-139 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HEMET
APPROVING A MEMORANDUM OF UNDERSTANDING WITH THE CALIFORNIA FIREFIGHTER
JOINT APPRENTICESHIP COMMITTEE (CAL-JAC) FOR PARTICIPATION IN THE PARAMEDIC
UPGRADE ACADEMY, AUTHORIZING THE USE OF AMBULANCE SERVICE CONTRACT PENALTY FUNDS IN AN AMOUNT NOT TO EXCEED $130,000, AND AUTHORIZING THE CITY
MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS
EXECUTIVE SUMMARY:
The Fire Department is requesting approval of a Memorandum of Understanding (MOU) with the California Firefighter Joint Apprenticeship Committee (Cal-JAC) and authorization to utilize available Ambulance Service Contract Penalty Funds to support three incumbent firefighter/emergency medical technician (EMT) personnel enrolled in the Cal-JAC Paramedic Upgrade Academy. The requested funding will offset costs incurred by the City to provide staffing, backfill, and other operational support necessary to allow employees to participate in the academy while maintaining emergency response capabilities.
The Cal-JAC Academy provides a comprehensive paramedic education program meeting California Title 22 requirements and national accreditation standards. Tuition, books, licensing examinations, and required educational materials are funded through the Cal-JAC program, while participating agencies remain responsible for employee compensation, scheduling accommodations, and operational coverage during training.