HomeMy WebLinkAbout20252156.tiffResolution
Approve Subdivision Participation and Release Form (Exhibit K), Pursuant to
Memorandum of Understanding for Colorado Opioids Direct Settlement Agreement
Concerning Purdue Pharma and the Sackler Family, 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 Subdivision Participation and Release
Form, further described as form Exhibit "K," pursuant to the Memorandum of
Understanding for Colorado Opioids Direct Settlement Agreement Concerning
Purdue Pharma and the Sackler Family, from the County of Weld, State of Colorado, by
and through the Board of County Commissioners of Weld County, to the Implementation
Administrator for the Purdue Direct Settlement, with further terms and conditions being
as stated in said form, 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 Subdivision Participation and Release Form, further described as form
Exhibit "K," pursuant to the Memorandum of Understanding for Colorado Opioids Direct
Settlement Agreement Concerning Purdue Pharma and the Sackler Family, from the
County of Weld, State of Colorado, by and through the Board of County Commissioners
of Weld County, to the Implementation Administrator for the Purdue Direct Settlement,
be, and hereby is, approved.
Be it further resolved by the Board that the Chair be, and hereby is, authorized to sign
said form.
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2025-2156
FI0082
BC0059
Subdivision Participation and Release Form (Exhibit K), Pursuant to Memorandum of
Understanding for Colorado Opioids Direct Settlement Agreement Concerning Purdue
Pharma and the Sackler Family
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 30th day of July, A.D., 2025:
Perry L. Buck, Chair: Aye
Scott K. James, Pro-Tem. Aye
Jason S. Maxey: Aye
Lynette Peppier: Aye
Kevin D. Ross: Aye
Approved as to Form:
Bruce Barker, County Attorney
Attest:
Esther E. Gesick, Clerk to the Board
2025-2156
F10082
BC0059
To: Board of County Commissioners
From: Cheryl Pattelli, CFO
Re: Purdue Opioid Settlement
The State of Colorado has reached a settlement with Purdue Pharma and the Sackler family for their role
in the opioid crisis. The attached participation form allows the county to sign -on and receive funds
related to this settlement. The Participation Form must be completed no later than September 30,
2025. This is one in many opioid settlements the County has signed -on to receive funds from.
2025-2156
7/30
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New National Opioids Settlement: Purdue
Opioids Implementation Administrator
opioidsparticipation(drubris. com
Weld County, CO
Reference Number: CL -1731760
TO COLORADO LOCAL POLITICAL SUBDIVISIONS:
THIS PACKAGE CONTAINS DOCUMENTATION FOR COLORADO LOCAL
POLITICAL SUBDIVISIONS TO PARTICIPATE IN THE NEW NATIONAL
OPIOIDS SETTLEMENT WITH PURDUE AND THE SACKLERS. YOU MUST TAKE
ACTION IN ORDER TO PARTICIPATE.
Deadline: September 30, 2025
A new proposed national opioids settlement has been reached with Purdue (and
certain of its affiliates) and the Sackler family (the "Direct Purdue Settlement"). This
Participation Package is a follow-up communication to the Notice of New National
Opioids Settlement recently received electronically by your subdivision.
You are receiving this Participation Package because all eligible States and Territories,
including Colorado, are participating in the Purdue Direct Settlement.
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 this settlement so that Colorado can maximize
its share of these funds.
All opioid settlement funds that are received as a result of the settlement
will follow the same Colorado Ooioid Settlement Memorandum of
Understanding (opens PDF) that was signed in 2021. Completing the
participation forms does not change your decision to "opt -out" to 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).
The proposed Direct Purdue Settlement is being implemented in connection with
Purdue's bankruptcy proceedings, and consists of, among other things, a settlement
of Purdue's claims against the Sacklers and certain other parties (referred to as the
"Purdue Estate Settlement"), and settlements of direct claims against the Sacklers
held by States, local governments and other creditors (collectively, the "Purdue Direct
Settlement", and together with the Estate Settlement, the "Purdue Settlement"). The
Purdue Direct Settlement for States and local governments is documented in the
Governmental Entity and Shareholder Direct Settlement Agreement.
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This electronic envelope contains:
• The Participation Form for the Purdue Direct Settlement, including a release of
any claims
The Participation Form must be executed, without alteration, and submitted
on or before September 30, 2025, in order for your subdivision to be
considered for initial participation calculations and payment eligibility under
the Purdue Direct Settlement.
Based upon subdivision participation forms received on or before September 30,
2025, the subdivision participation rate will be used to determine whether
participation is sufficient for the Purdue Settlement to move forward and whether a
State earns its maximum potential payment under the Purdue Direct Settlement. If
the Purdue Settlement moves forward and becomes effective, your release will
become effective. If the Purdue Settlement does not move forward, that release will
not become effective.
Any subdivision that does not participate in the Purdue Direct Settlement cannot
directly share in the Purdue Direct Settlement funds, even if other subdivisions in the
state are participating and sharing those Purdue Direct Settlement funds. Any
subdivision that does not participate may impact and reduce the overall amount of
money for programs to remediate the opioid crisis in its State. You are encouraged to
discuss the terms and benefits of the Purdue Direct Settlement with your counsel,
your Attorney General's Office, and other contacts within your State. Opioid
settlement funds which Colorado is entitled to receive as a result of the Purdue Direct
Settlement will follow the same Colorado Opioid Settlement Memorandum of
Understandinct (opens PDF) that was signed in 2021.
Information and documents regarding the Purdue Settlement, including a complete
copy of the Governmental Entity and Shareholder Direct Settlement Agreement, and
how it is being implemented in Colorado and how funds will be allocated within
Colorado can be found on the national settlement website at
https://nationalooioidsettlement.com/Durdue-sacklers-settlements/. This website
will be supplemented as additional documents are created.
How to return signed forms:
There are three methods for returning the executed Participation Form and any
supporting documentation to the Implementation Administrator:
(1)Electronic Signature via DocuSign: Executing the 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
Participation Form, allowing for more timely participation and the potential to
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meet higher settlement payment thresholds, and is therefore strongly
encouraged.
(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
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 Participation Form using DocuSign, the signed Participation
Form may be returned via electronic mail to opioidsparticipation@rubris.com.
Please include the name, state, and reference ID of your subdivision in the
body of the email and use the subject line Settlement Participation Form -
[Subdivision Name, Subdivision State] - [Reference ID].
Detailed instructions on how to sign and return the Participation Form, including
changing the authorized signer, can be found at
https://nationalopioidsettlement.com/ourdue-sacklers-settlements/. You may also
contact opioidsparticipation@rubris.com.
YOU MUST PARTICIPATE IN THE PURDUE DIRECT SETTLEMENT BY
RETURNING YOUR PARTICIPATION FORM IN ORDER TO RECEIVE THE
BENEFITS OF THE PURDUE SETTLEMENT.
Please note that this is NOT a solicitation or a request for subdivisions to
submit votes on the Purdue bankruptcy plan. This settlement package only
pertains to a decision to participate in the Purdue Direct Settlement. If you
receive a package to vote on the plan you should follow the applicable
instructions for voting included in the package. PLEASE NOTE THAT VOTING
ON THE PLAN IS SEPARATE FROM PARTICIPATION IN THE PURDUE DIRECT
SETTLEMENT.
The sign -on period for subdivisions to participate in the Direct Purdue
Settlement ends on September 30, 2025.
If you have any questions about executing the Participation Form, please contact
your counsel, the Implementation Administrator at
opioidsparticipation@rubris.com, or the Colorado Attorney General's Office, Opioid
Response Unit at Opioids@coag.gov or 720-508-6904.
Thank you,
Implementation Administrator for the Purdue Direct Settlement
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The Implementation Administrator is retained to provide the settlement notice
required by the Purdue Direct Settlement to manage the collection of the participation
forms for it.
EXHIBIT K
Subdivision Participation and Release Form
Governmental Entity: Weld County I State: CO
Authorized Signatory: Perry L. Buck
Address 1: 1150 O Street
Address 2:
City, State, Zip: Greeley, CO 80631
Phone: 970-400-4206
Email: BOCC-Contracts@weld.gov
The governmental entity identified above ("Governmental Entity"), in order to obtain and
in consideration for the benefits provided to the Governmental Entity pursuant to that certain
Governmental Entity & Shareholder Direct Settlement Agreement accompanying this
participation form (the "Agreement")', and acting through the undersigned authorized official,
hereby elects to participate in the Agreement, grant the releases set forth below, and agrees as
follows.
1. The Governmental Entity is aware of and has reviewed the Agreement, and agrees that by
executing this Participation and Release Form, the Governmental Entity elects to
participate in the Agreement and become a Participating Subdivision as provided therein.
2. The Governmental Entity shall promptly after the Effective Date, and prior to the filing of
the Consent Judgment, dismiss with prejudice any Shareholder Released Claims and
Released Claims that it has filed. With respect to any Shareholder Released Claims and
Released Claims pending in In re National Prescription Opiate Litigation, MDL No. 2804,
the Governmental Entity authorizes the Plaintiffs' Executive Committee to execute and file
on behalf of the Governmental Entity a Stipulation of Dismissal with Prejudice
substantially in the form found at https://nationalupioidsettlement.com.
3. The Governmental Entity agrees to the terms of the Agreement pertaining to Participating
Subdivisions as defined therein.
4. By agreeing to the terms of the Agreement and becoming a Releasor, the Governmental
Entity is entitled to the benefits provided therein, including, if applicable, monetary
payments beginning following the Effective Date.
5. The Governmental Entity agrees to use any monies it receives through the Agreement
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 and to the extent provided in, and for resolving disputes to the extent provided in, the
' Capitalized terms used in this Exhibit K but not otherwise defined in this Exhibit K have the meanings given to
them in the Agreement or, if not defined in the Agreement, the Master Settlement Agreement.
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Agreement. The Governmental Entity likewise agrees to arbitrate before the National
Arbitration Panel as provided in, and for resolving disputes to the extent otherwise
provided in, the Agreement.
7. The Governmental Entity has the right to enforce the Agreement as provided therein.
8. The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for all
purposes in the Agreement, including without limitation all provisions of Article 10
(Release), 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 Subdivision Releasor, to the maximum extent of its authority, for good
and valuable consideration, the adequacy of which is hereby confirmed, the Shareholder
Released Parties and Released Parties are, as of the Effective Date, hereby released and
forever discharged by the Governmental Entity and its Subdivision Releasors from: any
and all Causes of Action, including, without limitation, any Estate Cause of Action and any
claims that the Governmental Entity or its Subdivision Releasors would have presently or
in the future been legally entitled to assert in its own right (whether individually or
collectively), notwithstanding section 1542 of the California Civil Code or any law of any
jurisdiction that is similar, comparable or equivalent thereto (which shall conclusively be
deemed waived), whether existing or hereinafter arising, in each case, (A) directly or
indirectly based on, arising out of, or in any way relating to or concerning, in whole or in
part, (i) the Debtors, as such Entities existed prior to or after the Petition Date, and their
Affiliates, (ii) the Estates, (iii) the Chapter 11 Cases, or (iv) Covered Conduct and (B) as to
which any conduct, omission or liability of any Debtor or any Estate is the legal cause or is
otherwise a legally relevant factor (each such release, as it pertains to the Shareholder
Released Parties, the "Shareholder Released Claims", and as it pertains to the Released
Parties other than the Shareholder Released Parties, the "Released Claims"). For the
avoidance of doubt and without limiting the foregoing: the Shareholder Released Claims
and Released Claims include any Cause of Action that has been or may be asserted against
any Shareholder Released Party or Released Party by the Governmental Entity or its
Subdivision Releasors (whether or not such party has brought such action or proceeding) in
any federal, state, or local action or proceeding (whether judicial, arbitral, or
administrative) (A) directly or indirectly based on, arising out of, or in any way relating to
or concerning, in whole or in part, (i) the Debtors, as such Entities existed prior to or after
the Petition Date, and their Affiliates, (ii) the Estates, (iii) the Chapter 11 Cases, or (iv)
Covered Conduct and (B) as to which any conduct, omission or liability of any Debtor or
any Estate is the legal cause or is otherwise a legally relevant factor.
9. 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 Shareholder Released
Claims or Released Claims against any Shareholder Released Party or Released Party in
any forum whatsoever, subject in all respects to Section 9.02 of the Master Settlement
Agreement. The releases provided for herein (including the term "Shareholder Released
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Claims" and "Released Claims") are intended by the Governmental Entity and its
Subdivision Releasors to be broad and shall be interpreted so as to give the Shareholder
Released Parties and Released Parties the broadest possible release of any liability relating
in any way to Shareholder Released Claims and Released Claims and extend to the full
extent of the power of the Governmental Entity to release claims. The Agreement shall be a
complete bar to any Shareholder Released Claim and Released Claims.
10. To the maximum extent of the Governmental Entity's power, the Shareholder Released
Parties and the Released Parties are, as of the Effective Date, hereby released and
discharged from any and all Shareholder Released Claims and Released Claims of the
Subdivision Releasors.
11. The Governmental Entity hereby takes on all rights and obligations of a Participating
Subdivision as set forth in the Agreement.
12. In connection with the releases provided for in the Agreement, 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 Shareholder Released Claims or such
other Claims released pursuant to this release, but each Governmental Entity hereby
expressly waives and fully, finally, and forever settles, releases and discharges, upon the
Effective Date, any and all Shareholder Released Claims or such other Claims released
pursuant to this release 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 Agreement.
13. Nothing herein is intended to modify in any way the terms of the Agreement, to which
Governmental Entity hereby agrees. To the extent any portion of this Participation and
Release Form not relating to the release of, or bar against, liability is interpreted differently
from the Agreement in any respect, the Agreement controls.
14. Notwithstanding anything to the contrary herein or in the Agreement, (x) nothing herein
shall (A) release any Excluded Claims or (B) be construed to impair in any way the rights
and obligations of any Person under the Agreement; and (y) the Releases set forth herein
shall be subject to being deemed void to the extent set forth in Section 9.02 of the Master
Settlement Agreement.
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I have all necessary power and authorization to execute this Participation and Release Form
on behalf of the Governmental Entity.
Signature:
Name:
Title:
Date:
Perry L. Buck
Chair, Board of weld county commissioners
7/30/2025
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