HomeMy WebLinkAbout20213061.tiffRESOLUTION
RE: APPROVE SETTLEMENT PARTICIPATION FORM, SUBDIVISION SETTLEMENT
PARTICIPATION FORM, AND SUBDIVISION ESCROW AGREEMENT IN RELATION
TO MEMORANDUM OF UNDERSTANDING FOR COLORADO OPIOIDS
SETTLEMENT AND AUTHORIZE CHAIR TO SIGN - COLORADO COUNTIES, INC.
(CCI)
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 Settlement Participation Form and a
Subdivision Settlement Participation Form, further described as form Exhibits "K," and a Colorado
Subdivision Escrow Agreement, all in relation to the Memorandum of Understanding for the
Colorado Opioids Settlement (referenced form exhibits not being to this Resolution nor the
abovementioned Memorandum of Understanding), from the County of Weld, State of Colorado,
by and through the Board of County Commissioners of Weld County, submitted to Colorado
Counties, Inc. (CCI), with further terms and conditions being as stated in said forms and
agreement, and
WHEREAS, after review, the Board deems it advisable to approve said forms and
agreement, copies of which are attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Settlement Participation Form and Subdivision Settlement
Participation Form, further described as form Exhibits "K," and the Colorado Subdivision Escrow
Agreement, all in relation to the Memorandum of Understanding for the Colorado Opioids
Settlement (referenced form exhibits not being to this Resolution nor the abovementioned
Memorandum of Understanding), from the County of Weld, State of Colorado, by and through the
Board of County Commissioners of Weld County, submitted to Colorado Counties, Inc. (CCI), be,
and hereby are, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said forms and agreement.
CC CA(BB)
la./x3/,21
2021-3061
BC0055
SETTLEMENT PARTICIPATION FORM, SUBDIVISION SETTLEMENT PARTICIPATION
FORM, AND SUBDIVISION ESCROW AGREEMENT IN RELATION TO MEMORANDUM OF
UNDERSTANDING FOR COLORADO OPIOIDS SETTLEMENT - COLORADO COUNTIES,
INC. (CCI)
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 1st day of November, A.D., 2021.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ddeit4A)
Weld County Clerk to the Board
BY:
Deputy Clerk to the Boar
APPED
ounty ttorney
Date of signature: 11/15/Z
Steveloreno, Chair
erry L. B
Lori S
2021-3061
BC0055
EXHIBIT K
Settlement Participation Form
Governmental Entity:
Weld County Board of Commissioner
State: Colorado
Authorized Official:
Steve Moreno, Chair
Address 1:
1150 "0" Street
Address 2:
P.O. Box 758
City, State, Zip:
Greeley, CO 80631
Phone:
970-400-4200
Email:
kford@weldgov.com
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.
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2021-3061
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.
87
revised July 30, 2021
I have all necessary power and authorization to execute this Election and Release on behalf of
the Governmental Entity.
Signature:
Name:
Title:
Date:
88
Steve Moreno
Chair, Board of Weld
County Commissioners
NOV 0 1 2021
OQ—/ 36es, i
revised July 30, 2021
DISTRIBUTORS' 9.18.21
EXHIBIT UPDATES
EXHIBIT K
Subdivision Settlement Participation Form
Governmental Entity: Weld County Board of Commissioners
State: Colorado
Authorized Official:
Steve Moreno, Chair
Address 1:
1150 "0" Street
Address 2:
P.O. Box 80631
City, State, Zip:
Greeley, CO 80631
Phone:
970-400-4200
Email:
kford@weldgov.com
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 ("Distributor Settlement"), and acting through the undersigned
authorized official, hereby elects to participate in the Distributor Settlement, release all Released
Claims against all Released Entities, and agrees as follows.
1. The Governmental Entity is aware of and has reviewed the Distributor Settlement,
understands that all terms in this Participation Form have the meanings defined therein,
and agrees that by signing this Participation Form, the Governmental Entity elects to
participate in the Distributor 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, secure the dismissal with prejudice of any Released
Claims that it has filed.
3. The Governmental Entity agrees to the terms of the Distributor Settlement pertaining to
Subdivisions as defined therein.
4. By agreeing to the terms of the Distributor 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 Distributor
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 Distributor
Settlement. 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 Distributor Settlement.
K-1
a oo2-/ - 3 DCa
DISTRIBUTORS' 9.18.21
EXHIBIT UPDATES
7. The Governmental Entity has the right to enforce the Distributor Settlement as provided
therein.
8. The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for
all purposes in the Distributor Settlement, including, but not limited to, all provisions of
Part XI, 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 Distributor
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 Distributor Settlement shall be a complete bar to any Released
Claim.
9. The Governmental Entity hereby takes on all rights and obligations of a Participating
Subdivision as set forth in the Distributor Settlement.
10. In connection with the releases provided for in the Distributor 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, and 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 Distributor Settlement.
K-2
DISTRIBUTORS' 9.18.21
EXHIBIT UPDATES
11. Nothing herein is intended to modify in any way the terms of the Distributor Settlement,
to which Governmental Entity hereby agrees. To the extent this Participation Form is
interpreted differently from the Distributor Settlement in any respect, the Distributor
Settlement controls.
I have all necessary power and authorization to execute this Participation Form on behalf of the
Governmental Entity.
Signature: 71--t-
Name: Steve Moreno
Chair, Board of Weld
Title: County Commissioners
Date: !3V 0 1 2021
K-3
O7-00 - 501, I
Colorado Subdivision Escrow Agreement
Governmental Entity: Weld County Board of Commissioners
State: CO
Authorized Official:
Steve Moreno, Chair
Address 1:
1150 "0" Street
Address 2:
P.O. Box 758
City, State, Zip:
Greeley, CO 80631
Phone:
970-400-4200
Email:
kford@weldgov.com
The governmental entity identified above ("Governmental Entity") hereby provides Colorado
Counties, Inc. (for counties) or the Colorado Municipal League (for municipalities) ("Escrow
Agent") the enclosed copies of the Governmental Entity's endorsed Subdivision Settlement
Participation Forms and the Colorado Opioids Settlement Memorandum of Understanding
("Colorado MOU"), to be held in escrow. The Subdivision Settlement Participation Forms apply
respectively to (1) the National Settlement Agreement with McKesson Corporation, Cardinal
Health, Inc., and AmerisourceBergen Corporation, dated July 21, 2021 ("Distributor
Settlement"); and (2) the National Settlement Agreement with Janssen Pharmaceuticals, Inc., and
its parent company Johnson & Johnson, dated July 21, 2021 ("J&J Settlement"). Pursuant to this
Agreement, the Subdivision Settlement Participation Forms and the Colorado MOU will be
released only if there is 95% participation by local governments in Colorado as further explained
below.
Purpose of this Agreement
By endorsing a Subdivision Settlement Participation Form in the Distributor Settlement and the
J&J Settlement, a governmental entity agrees to participate in those settlements and release any
legal claims it has or may have against those settling pharmaceutical companies. This Colorado
Subdivision Escrow Agreement is meant to ensure that the legal claims of governmental entities
in Colorado will be released only when 95% participation by certain governmental entities has
been reached. That 95% participation threshold is important because it signals to the settling
pharmaceutical companies that the settlement has wide acceptance which will then secure
significant incentive payments under these settlement agreements.
Escrow
The Escrow Agent shall promptly report the receipt of any Governmental Entity's endorsed
Subdivision Settlement Participation Forms and Colorado MOUs to the Colorado Attorney
General's Office and to the law firm of Keller Rohrback L.L.P. These documents shall be
released by the Escrow Agent to the Colorado Attorney General's Office if and when the Escrow
Agent is notified by the Attorney General's Office and Keller Rohrback that that the threshold
95% participation levels have been reached for both the Distributor Settlement and the J&J
Settlement, as further described below. If by December 29, 2021, the Escrow Agent has not
received notification that the threshold 95% levels have been reached for both the Distributor
Settlement and the J&J Settlements, then the documents being escrowed shall be returned to the
Governmental Entities and all copies shall be destroyed.
Distributor Settlement
The Attorney General's Office and Keller Rohrback shall jointly submit a written notification to
the Escrow Agent when it has been determined that the percentages of populations eligible for
Incentives B and C, as described in Sections IV.F.2 and IV.F.3 of the Distributor Settlement, are
each 95% or more. For purposes of this Escrow Agreement, the percentages of populations
eligible for Incentives B and C under the Distributor Settlement will include governmental
entities that sign a Subdivision Settlement Participation Form subject to an escrow agreement
and governmental entities that sign a Subdivision Settlement Participation Form that is not
subject to an escrow agreement.
J&J Settlement
The Attorney General's Office and Keller Rohrback shall jointly submit a written notification to
the Escrow Agent when it has been determined that the Participation or Case -Specific Resolution
Levels for Incentives B and C, as described in Sections V.E.5 and V.E.6 of the J&J Settlement,
are each 95% or more. For purposes of this Escrow Agreement, the percentages or populations
eligible for Incentives B and C under the J&J Settlement will include governmental entities that
sign a Subdivision Settlement Participation Form subject to an escrow agreement and
governmental entities that sign a Subdivision Settlement Participation Form that is not subject to
an escrow agreement.
Colorado Subdivision Name Weld County Board of Commissioners
Steve Moreno, Clair
?)1O -1,2..)4...O- NOV 0 1 2021
Authorized Signature Date
c2o02./- 30( /
SETTLEMENT PARTICIPATION FORM, SUBDIVISION SETTLEMENT PARTICIPATION
FORM, AND COLORADO SUBDIVISION ESCROW AGREEMENT
APPROVED AS TO SUBSTANCE:
Elected Official or Department Head
APPROVED AS ID FUNDING:
Controller
APP AS TO FORM:
County Attorney
Chloe Rempel
From:
Sent:
To:
Cc:
Subject:
Attachments:
Bruce Barker
Thursday, October 28, 2021 9:16 AM
Commissioners; Don Warden; Ryan Rose
Esther Gesick; CTB
Last Documents for Opioid MOU
4 Johnson 8t, Johnson - Janssen Opioid Settlement Participation Form.pdf; 5 Distributor
Opioid Settlement Participation Form.pdf; 6 Local Government Opioid Escrow
Agreement.pdf
Found out yesterday from the State that they need the BOCC to approve and sign the attached documents in order to
participate in the MOU. I thought your approval of the settlements and escrow was implied in the MOU the BOCC
approved on Monday. However, the State believes it necessary for each local government to approve and sign the
separate settlement in order to get the funds. These will be on the BOCC agenda for approval on Monday. I
recommend a single agenda item and resolution will be sufficient.
Bruce T. Barker, Esq.
Weld County Attorney
P.O. Box 758
1150 "O" Street
Greeley, CO 80632
(970) 400-4390
Fax: (970) 352-0242
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