HomeMy WebLinkAbout20252466.tiffResolution
Approve Secondary Manufacturers' Combined Subdivision Participation and
Release Form (Exhibit K), Pursuant to Colorado Opioids Settlement Memorandum
of Understanding, Concerning Settlement Agreements for Eight (8) Manufacturers,
and Authorize Chair to sign
Whereas, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
Whereas, the Board has been presented with a Secondary Manufacturers' Combined
Subdivision Participation and Release Form (Exhibit K), pursuant to the Colorado Opioids
Settlement Memorandum of Understanding, from the County of Weld, State of Colorado,
by and through the Board of County Commissioners of Weld County, on behalf of the
Department of Finance, to the Implementation Administrator, commencing upon full
execution of signatures, with further terms and conditions being as stated in said form,
concerning Settlement Agreements for the eight (8) manufacturers listed below:
1. Atvogen, Inc.
2. Apotex Corporation
3. Amneal Pharmaceuticals, LLC
4. Fikrna Pharmaceuticals USA, Inc.
5. Indivior, Inc.
6. Viiatris, Inc. ("Mylan")
7. Sun Pharmaceutical Industries, Inc.
8. Zydus Pharmaceuticals (USA), Inc., and
Whereas, after review, the Board deems it advisable to approve said form, a copy of
which is attached hereto and incorporated herein by reference.
Now, therefore, be it resolved by the Board of County Commissioners of Weld County,
Colorado, that the Secondary Manufacturers' Combined Subdivision Participation and
Release Form (Exhibit K), pursuant to the Colorado Opioids Settlement Memorandum of
Understanding, concerning Settlement Agreements for the eight (8) manufacturers listed
above, from the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Department of Finance, to the
Implementation Administrator, be, and hereby is, approved.
Be it further resolved by the Board that the Chair be, and hereby is, authorized to sign
said fom.
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2025-2466
F10082
BC0059
Secondary Manufacturers' Combined Subdivision Participation and Release Form
(Exhibit K), Pursuant to Colorado Opioids Settlement Memorandum of Understanding,
Concerning Eight (8) Manufacturers
Page 2
The Board of County Commissioners of Weld County, Colorado, approved the above
and foregoing Resolution, on motion duly made and seconded, by the following vote on
the 3rd day of September, A.D., 2025:
Perry L. Buck, Chair: Aye
Scott K. James, Pro-Tem: Aye
Jason S. Maxey: Aye
Lynette Peppler: Aye
Kevin D. Ross: Aye
Approved as to Form:
Bye Barker, County Attorney
Attest:
Esther E. Gesick, Clerk to the Board
2025-2466
F10082
BC0059
Docusign Envelope ID: 415C5009-A621-4EE6-A3B8-DC43668A27FF
New National Opioids Settlement: Secondary Manufacturers - Action
Needed by October 8, 2025
Opioids Implementation Administrator
opioidsparticipation F rubris. corn
Weld County, CO
Reference Number: CL -1761502
TO COLORADO LOCAL POLITICAL SUBDIVISIONS:
THIS PACKAGE CONTAINS DOCUMENTATION FOR COLORADO LOCAL
SUBDIVISIONS TO PARTICIPATE IN THE NEW NATIONAL OPIOIDS
SECONDARY MANUFACTURERS SETTLEMENTS. YOU MUST TAKE ACTION IN
ORDER TO PARTICIPATE.
Deadline: October 8, 2025
A new proposed national opioids settlement ("Secondary Manufacturers
Settlements") has been reached with eight opioids manufacturers: Alvogen, Amneal,
Apotex, Hikma, Indivior, Mylan, Sun, and Zydus ("Settling Defendants"). This
Combined Participation Package is a follow-up communication to the Notice of
National Opioids Settlement recently received electronically by your subdivision.
You are receiving this Combined Participation Package because all eligible States and
Territories, including Colorado, are participating in the Secondary Manufacturers
Settlements.
Thanks to the collaboration of Colorado's counties and municipalities, Colorado
maximized its settlement proceeds from previous opioid settlements, and we are
now asking that you review and sign -on to these settlements so that Colorado can
maximize its share of these settlement funds.
All opioid settlement funds that are received as a result of these Secondary
Manufacturer settlements will follow the same Colorado Opioid Settlement
Memorandum of Understanding (opens PDF) that was signed in 2021. Completing
the participation form does not change your decision to "opt -out" and direct funds
to the Regional Opioid Abatement Council, or to "opt -in" to retain your direct
allocation.
To review your Colorado local government decisions to receive or redirect funds,
please see the Colorado Opioid Settlement Dashboard Local Government page
(opens webpage).
This electronic envelope contains:
• A Combined Participation Form for the Secondary Manufacturers Settlements
that your subdivision is eligible to join, including a release of any claims.
2025-2466
9/3
F Ip 0$Z
Docusign Envelope ID: 415C5009-A621-4EE6-A3B8-DC43668A27FF
The Combined Participation Form must be executed, without alteration, and
submitted on or before October 8, 2025, in order for your subdivision to be
considered for initial participation calculations and payment eligibility under
the Secondary Manufacturers Settlement.
Based upon Combined Participation Forms received on or before October 8, 2025, the
subdivision participation rate will be used to determine whether participation is
sufficient for each settlement to move forward and whether a state earns its
maximum potential payment under each settlement. If a settlement moves forward,
your release will become effective. If a settlement does not move forward, that
release will not become effective.
Any subdivision that does not participate cannot directly share in the settlement
funds, even if the subdivision's state is settling and other participating subdivisions
are sharing in settlement funds. Any subdivision that does not participate may impact
and reduce the amount of money for programs to remediate the opioid crisis in
Colorado.
You are encouraged to discuss the terms and benefits of the Secondary
Manufacturers Settlements with your counsel, the Colorado Attorney General's Office,
and other contacts within Colorado.
Information and documents regarding the Secondary Manufacturers Settlements,
implementation in your state, and how funds will be allocated within Colorado state
can be found on the national settlement website at
https://nationalopioidsettlement.com/. This website will be supplemented as
additional documents are created.
This Combined Participation Packet is different than the participation packet you
recently received from Rubris concerning a settlement with Purdue Pharma, L.P, and
the Sackler Family. The Secondary Manufacturers Settlements discussed in this
Combined Participation Packet are different than the settlement with Purdue and the
Sacklers, and you may participate in the Secondary Manufacturers Settlements
regardless of whether you join the Purdue and Sackler settlement.
How to return signed forms:
There are three methods for returning the executed Combined Participation Form and
any supporting documentation to the Implementation Administrator:
(1)Electronic Signature via DocuSign: Executing the Combined Participation Form
electronically through DocuSign will return the signed form to the
Implementation Administrator and associate your form with your subdivision's
records. Electronic signature is the most efficient method for returning the
Combined Participation Form, allowing for more timely participation and the
potential to meet higher settlement payment thresholds, and is therefore
strongly encouraged.
Docusign Envelope ID: 415C5009-A621-4EE6-A3B8-DC43668A27FF
(2)Manual Signature returned via DocuSign: DocuSign allows forms to be
downloaded, signed manually, then uploaded to DocuSign and returned
automatically to the Implementation Administrator. Please be sure to complete
all fields. As with electronic signature, returning a manually signed Combined
Participation Form via DocuSign will associate your signed forms with your
subdivision's records.
(3)Manual Signature returned via electronic mail: If your subdivision is unable to
return an executed Combined Participation Form using DocuSign, the signed
Combined Participation Form may be returned via electronic mail to
opioidsoarticioation(Srubris.com. Please include the name, state, and
reference ID of your subdivision in the body of the email and use the subject
line Combined Settlement Participation Form - [Subdivision Name, Subdivision
State] - [Reference ID].
Detailed instructions on how to sign and return the Combined Participation Form,
including changing the authorized signer, can be found at
httos://nationalopioidsettlement.com/additional-settlements/. You may also contact
opioidsoarticipationlarubris.com,
YOU MUST PARTICIPATE IN THE SECONDARY MAUFACTURERS
SETTLEMENTS BY RETURNING YOUR PARTICIPATION FORM IN ORDER TO
RECEIVE THE BENEFITS OF THE SECONDARY MANUFACTURERS
SETTLEMENTS.
The sign -on period for subdivisions to participate in the Secondary
Manufacturers Settlements ends on October 8, 2025.
If you have any questions about executing the Combined Participation Form for the
Secondary Manufacturers Settlements please contact your counsel, the
Implementation Administrator at opioidsparticipationC@rubris.com, or the Colorado
Attorney General's Office, Opioid Response Unit at 0pioidsOcoao.00v or 720-508-
6904.
Thank you,
Secondary Manufacturers Settlements Implementation Administrator
The Implementation Administrator is retained to provide the settlement notice
required by the Secondary Manufacturers Settlements and to manage the collection
of the Combined Participation Form.
Docusign Envelope ID 415C5009-A621-4EE6-A388-DC43668A27FF
EXHIBIT K
Secondary Manufacturers' Combined Subdivision Participation and ReleaseForm.
("Combined Participation Form")
Governmental Entity: Weld County i State: CO__
Authorized Official: Perry L. Buck
Address 1: 1 150 o Street
Address 2:
City, State, Zip: Greeley, Colorado 80631
Phone: 970-400-4000
Email: BOCC-Contracts@weldgov
The governmental entity identified above ("Governmental Entity"), in order to obtain and
in consideration for the benefits provided to the Governmental Entity pursuant to each of the
settlements which are listed in paragraph 1 below (each a "Secondary Manufacturer's Settlement"
and collectively, "the Secondary Manufacturers' Settlements"), and acting through the
undersigned authorized official, hereby elects to participate in each of the Secondary
Manufacturers' Settlements, release all Released Claims against all Released Entities in each of the
Secondary Manufacturers' Settlements, and agrees as follows.
1. The Participating Entity hereby elects to participate in each of the following Secondary
Manufacturers' Settlements as a Participating Entity:
a. Settlement Agreement for Alvogen, Inc. dated April 4, 2025.
b. Settlement Agreement for Apotex Corp. dated April 4, 2025.
c. Settlement Agreement for Amneal Pharmaceuticals LLC dated April 4, 2025.
d. Settlement Agreement for Hikma Pharmaceuticals USA Inc. dated April 4, 2025.
e. Settlement Agreement for Indivior Inc. dated April 4, 2025.
f. Settlement Agreement for Viatris Inc. ("Mylan") dated April 4, 2025.
g. Settlement Agreement for Sun Pharmaceutical Industries, Inc. dated April 4, 2025.
h. Settlement Agreement for Zydus Pharmaceuticals (USA) Inc. dated April 4, 2025.
2. The Governmental Entity is aware of and has reviewed each of the Secondary
Manufacturers' Settlements, understands that all capitalized terms not defined in this
Combined Participation Form have the meanings defined in each of the Secondary
Manufacturers' Settlements, and agrees that by executing this Combined Participation
Form, the Governmental Entity elects to participate in each of the Secondary
Manufacturers' Settlements and become a Participating Subdivision as provided in each of
the Secondary Manufacturers' Settlements.
3. The Governmental Entity shall promptly, and in any event no later than 14 days after the
Reference Date and prior to the filing of the Consent Judgment, dismiss with prejudice any
Released Claims that it has filed against any Released Entity in each of the Secondary
Manufacturers' Settlements. With respect to any Released Claims pending in In re
National Prescription Opiate Litigation, MDL No. 2804, the Governmental Entity
K-1
Docusign Envelope ID: 415C5009-A621-4EE6-A3B8-DC43668A27FF
authorizes the Plaintiffs' Executive Committee to execute and file on behalf of the
Governmental Entity a Stipulation of Dismissal with Prejudice for each of the
manufacturers listed in paragraph 1 above substantially in the form found at
https://nationalopioidsettlement.com/additional-settlements/.
4. The Governmental Entity agrees to the terms of each of the Secondary Manufacturers'
Settlements pertaining to Participating Subdivisions as defined therein.
5. By agreeing to the terms of each of the Secondary Manufacturers' Settlements and
becoming a Releasor, the Governmental Entity is entitled to the benefits provided therein,
including, if applicable, monetary payments beginning after the Effective Date.
6. The Governmental Entity agrees to use any monies it receives through each of the
Secondary Manufacturers' Settlements solely for the purposes provided therein.
7. The Governmental Entity submits to the jurisdiction of the court and agrees to follow the
process for resolving any disputes related to each Secondary Manufacturer's Settlement as
described in each of the Secondary Manufacturers' Settlements.'
8. The Governmental Entity has the right to enforce each of the Secondary Manufacturers'
Settlements as provided therein.
9. The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for all
purposes in each of the Secondary Manufacturers' Settlements, including without
limitation all provisions related to release of any claims,' and along with all departments,
agencies, divisions, boards, commissions, districts, instrumentalities of any kind and
attorneys, and any person in his or her official capacity whether 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 each of the Secondary
Manufacturers' Settlements in any forum whatsoever. The releases provided for in each of
the Secondary Manufacturers' Settlements are intended by the Parties to be broad and shall
be interpreted so as to give the Released Entities in each of the Secondary Manufacturers'
Settlements the broadest possible bar against any liability relating in any way to Released
See Settlement Agreement for Alvogen, Inc. Section VII.F.2; Settlement Agreement for Apotex Corp. Section
VII.F.2; Settlement Agreement for Amneal Pharmaceuticals LLC Section VII.F.2; Settlement Agreement for Hikma
Pharmaceuticals USA Inc. Section VII.F.2; Settlement Agreement for Indivior Section VI.F.2; Settlement Agreement
for Mylan Section VI.F.2; Settlement Agreement for Sun Pharmaceutical Industries, Inc. Section VII.F.2; Settlement
Agreement for Zydus Pharmaceuticals (USA) Inc. Section VII.F.2.
' See Settlement Agreement for Alvogen, Inc. Section XI; Settlement Agreement for Amneal Pharmaceuticals LLC
Section X; Settlement Agreement for Apotex Corp. Section XI; Settlement Agreement for Hikma Pharmaceuticals
USA Inc. Section XI; Settlement Agreement for Indivior Section X; Settlement Agreement for Mylan Section X;
Settlement Agreement for Sun Pharmaceutical Industries, Inc. Section XI; Settlement Agreement for Zydus
Pharmaceuticals (USA) Inc. Section XI.
El' El
K-2
Docusign Envelope ID: 415C5009-A621-4EE6-A3B8-DC43668A27FF
Claims and extend to the full extent of the power of the Governmental Entity to release
claims. Each of the Secondary Manufacturers' Settlements shall be a complete bar to any
Released Claim against that manufacturer's Released Entities.
10. The Governmental Entity hereby takes on all rights and obligations of a Participating
Subdivision as set forth in each of the Secondary Manufacturers' Settlements.
11. In connection with the releases provided for in each of the Secondary Manufacturers'
Settlements, 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 in each of the Secondary
Manufacturers' Settlements, 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 each of the Secondary Manufacturers' Settlements.
12. The Governmental Entity understands and acknowledges that each of the Secondary
Manufacturers' Settlements is an independent agreement with its own terms and
conditions. Nothing herein is intended to modify in any way the terms of any of the
Secondary Manufacturers' Settlements, to which Governmental Entity hereby agrees, aside
from the exceptions in paragraph 13 below. To the extent this Combined Participation
Form is interpreted differently from any of the Secondary Manufacturers' Settlements in
any respect, the individual Secondary Manufacturer's Settlement controls.
13. For the avoidance of doubt, in the event that some but not all of the Secondary
Manufacturers' Settlements proceed past their respective Reference Dates, all releases and
other commitments or obligations shall become void only as to those Secondary
Manufacturers' Settlements that fail to proceed past their Reference Dates. All releases and
other commitments or obligations (including those contained in this Combined
Participation Form) shall remain in full effect as to each Secondary Manufacturer's
Settlement that proceeds past its Reference Date, and this Combined Participation Form
need not be modified, returned, or destroyed as long as any Secondary Manufacturer's
Settlement proceeds past its Reference Date.
K-3
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I have all necessary power and authorization to execute this Combined Participation Form
on behalf of the Governmental Entity. Signed by:
Signature:
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Name:
Title:
Date:
Perry L. Buck
County Commissioner Chair
9/3/2025
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K-4
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