HomeMy WebLinkAboutResolution No. 2021-20RESOLUTION NO. 112021 210
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FRIENDSWOOD, TEXAS, SUPPORTING THE ADOPTION
AND APPROVAL OF THE TEXAS TERM SHEET IN ITS
ENTIRETY AND SUPPORTING AND ADOPTING THE
ALLOCATION METHOD FOR OPIOID SETTLEMENT
PROCEEDS AS SET FORTH IN THE STATE OF TEXAS AND
TEXAS POLITICAL SUBDIVISIONS' OPIOID ABATEMENT
FUND COUNCIL AND SETTLEMENT ALLOCATION TERM
SHEET AND AUTHORIZING THE MAYOR TO EXECUTE
THE SUBDIVISION PARTICIPATION FORMS FOR
JANSSEN AND DISTRIBUTORS, RESPECTIVELY.
WHEREAS, the City of Friendswood, Texas obtained information indicating that certain
drug companies and their corporate affiliates, parents, subsidiaries, and such other defendants as may
be added to the litigation (collectively, "Defendants") have engaged in fraudulent and/or reckless
marketing and/or distribution of opioids that have resulted in addictions and overdoses; and
WHEREAS, these actions, conduct and misconduct have resulted in significant financial
costs to the City of Friendswood; and
WHEREAS, on May 13, 2020, the State of Texas, through the Office of the Attorney
General, and a negotiation group for Texas political subdivisions entered into an Agreement entitled
Texas Opioid Abatement Fund Council and Settlement Allocation Term Sheet (hereafter, the Texas
Term Sheet) approving the allocation of any and all opioid settlement funds within the State of Texas.
The Texas Term Sheet is attached hereto as Exhibit "A"; and
WHEREAS, Special Counsel and the State of Texas have recommended that the City
Council of the City of Friendswood support the adoption and approval the Texas Term Sheet in its
entirety.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FRIENDSWOOD, TEXAS:
Section 1. That the City Council of the City of Friendswood supports the adoption and
approval the Texas Term Sheet in its entirety.
Section 2. That the City Council of the City of Friendswood finds that there is a
substantial need for repayment of opioid-related expenditures and payment to abate opioid-related
harms in and about the City of Friendswood.
Section 3. That the City Council of the City of Friendswood supports in its entirety and
hereby adopts the allocation method for opioid settlement proceeds as set forth in the STATE OF
TEXAS AND TEXAS POLITICAL SUBDIVISIONS' OPIOID ABATEMENT FUND
COUNCIL AND SETTLEMENT ALLOCATION TERM SHEET, attached hereto as Exhibit
"A„
Section 4. That the City Council of the City of Friendswood understands that the
purpose of this Texas Term Sheet is to permit collaboration between the State of Texas and
Political Subdivisions to explore and potentially effectuate resolution of the Opioid Litigation
against Pharmaceutical Supply Chain Participants as defined therein.
Section 5. That the City Council of the City of Friendswood further understands that an
additional purpose is to create an effective means of distributing any potential settlement funds
obtained under this Texas Term Sheet between the State of Texas and Political Subdivisions in a
manner and means that would promote an effective and meaningful use of the funds in abating the
opioid epidemic in this County and throughout Texas.
Section 6. That the City Council of the City of Friendswood further authorizes the Mayor
to execute the Subdivision Participation Forms for Janssen and Distributors, attached hereto as
Exhibit "B" and Exhibit "C", respectively.
Section 7. That the City Secretary is directed to return this Resolution and fully executed
Exhibits to the Attorney General of Texas at opioids@oag.texas.gov.
PASSED, APPROVED AND RESOLVED on this 13th day of SEPTEMBER, 2021.
R2021-20 2
ATTEST:
LETICIA BRYSCH, City Sel ry
O
r
APPROVED AS TO FORM: U09
S�q TE OF
MARY AY Ft -HER, City Attorney
R2021-20
EXHIBIT "A"
TEXAS OPIOID ABATEMENT FUND COUNCIL AND
SETTLEMENT ALLOCATION TERM SHEET
WHEREAS, the people of the State of Texas and its communities have been harmed
through the National and Statewide epidemic caused by licit and illicit opioid use
and distribution within the State of Texas; and now,
WHEREAS, the State of Texas, though its elected representatives and counsel,
including the Honorable Ken Paxton, Attorney General of the State of Texas, and
certain Political Subdivisions, through their elected representatives and counsel, are
separately engaged in litigation seeking to hold those entities in the supply chain
accountable for the damage caused; and now,
WHEREAS, the State of Texas, through its Attorney General and its Political
Subdivisions, share a common desire to abate and alleviate the impacts of the
epidemic throughout the State of Texas; and now,
THEREFORE, the State of Texas and its Political Subdivisions, subject to
completing formal documents effectuating the Parties' agreements, enter into this
State of Texas and Texas Political Subdivisions' Opioid Abatement Fund Council
and Settlement Allocation Term Sheet (Texas Term Sheet) relating to the allocation
and use of the proceeds of any Settlements as described.
A. Definitions
As used in this Texas Term Sheet:
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1. "The State" shall mean the State of Texas acting through its Attorney
General.
2. "Political Subdivision(s)" shall mean any Texas municipality and county.
3. "The Parties" shall mean the State of Texas, the Political Subdivisions, and
the Plaintiffs' Steering Committee and Liaison Counsel (PSC) in the Texas
Opioid MDL, In Re: Texas Opioid Litigation, MDL No. 2018-63587, in
the 152d District Court of Harris County, Texas.
4. "Litigating Political Subdivision" means a Political Subdivision that filed
suit in the state courts of the State of Texas prior to the Execution Date of
this Agreement, whether or not such case was transferred to Texas Opioid
MDL, or removed to federal court.
5. "National Fund" shall mean any national fund established for the benefit
of the Texas Political Subdivisions. In no event shall any National Fund
be used to create federal jurisdiction, equitable or otherwise, over the
Texas Political Subdivisions or those similarly situated state -court litigants
who are included in the state coalition, nor shall the National Fund require
participating in a class action or signing a participation agreement as part
of the criteria for participating in the National Fund.
6. "Negotiating Committee" shall mean a three -member group comprising
four representatives for each of (1) the State; (2) the PSC; and (3) Texas'
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Political Subdivisions (collectively, "Members"). The State shall be
represented by the Texas Attorney General or his designees. The PSC shall
be represented by attorneys Mikal Watts, Jeffrey Simon, Dara Hegar, Dan
Downey, or their designees. Texas' Political Subdivisions shall be
represented by Clay Jenkins (Dallas County Judge), Terrence O'Rourke
(Special Assistant County Attorney, Harris County), Nelson Wolff (Bexar
County Judge), and Nathaniel Moran (Smith County Judge) or their
designees.
7. "Settlement" shall mean the negotiated resolution of legal or equitable
claims against a Pharmaceutical Supply Chain Participant that includes the
State and Political Subdivisions.
8. "Opioid Funds" shall mean monetary amounts obtained through a
Settlement as defined in this Texas Term Sheet.
8. "Approved Purpose(s)" shall mean those uses identified in Exhibit A
hereto.
9. "Pharmaceutical Supply Chain" shall mean the process and channels
through which opioids or opioids products are manufactured, marketed,
promoted, distributed, or dispensed.
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10."Pharmaceutical Supply Chain Participant" shall mean any entity that
engages in or has engaged in the manufacture, marketing, promotion,
distribution, or dispensing of an opioid analgesic.
11. "Texas Opioid Council" shall mean the Council described in Exhibit A
hereto, which has the purpose of ensuring the funds recovered by Texas
(through the joint actions of the Attorney General and the Texas Political
Subdivisions) are allocated fairly and spent to remediate the opioid crisis
in Texas, using efficient and cost-effective methods that are directed to the
hardest hit regions in Texas while also ensuring that all Texans benefit
from prevention and recovery efforts.
B. Allocation of Settlement Proceeds
1. All Opioid Funds distributed in Texas shall be divided with 15% going to
Political Subdivisions ("Subdivision Share"), 70% to the Texas Opioid
Abatement Fund through the Texas Opioid Council (Texas Abatement
Fund Share) identified and described on Exhibits A and C hereto, and 15%
to the Office of the Texas Attorney General as Counsel for the State of
Texas ("State Share"). Out of the Texas Opioid Abatement Fund,
reasonable expenses up to 1% shall be paid to the Texas Comptroller for
the administration of the Texas Opioid Council pursuant to the Opioid
4
Abatement Fund (Texas Settlement) Opioid Council Agreement, Exhibit
A hereto.
2. The Subdivisions Share shall be allocated in accordance with the division
of proceeds on Exhibit B hereto.
3. The Texas Abatement Fund Share shall be allocated to the Opioid Council
to be apportioned in accordance with the guidelines of Exhibit A, and
Exhibit C hereto.
4. In the event a Subdivision merges, dissolves, or ceases to exist, the
allocation percentage for that Subdivision shall be redistributed as directed
by the settlement document, and if not specified, equitably based on the
composition of the successor Subdivision. If a Subdivision for any reason
is excluded from a specific settlement, the allocation percentage for that
Subdivision shall be redistributed as directed by the settlement document,
and if not specified, equitably among the participating Subdivisions.
5. Funds obtained from parties unrelated to the Litigation, via grant, bequest,
gift or the like, separate and distinct from the Litigation, may be directed
to the Texas Opioid Council and disbursed as set forth below.
6. The Subdivision share shall be initially deposited and paid in cash directly
to the Subdivision under the authority and guidance of the Texas MDL
Court, who shall direct any Settlement funds to be held in trust in a
5
segregated account to benefit the Subdivisions and to be promptly
distributed as set forth herein and in accordance with Exhibit B.
7. Nothing in this Texas Term Sheet should alter or change any Subdivision's
rights to pursue its own claim. Rather, the intent of this Texas Term Sheet
is to join all parties to disburse settlement proceeds from one or more
defendants to all parties participating in that settlement within Texas.
8. Opioid Funds from the Texas Abatement Fund Share shall be directed to
the Texas Opioid Council and used in accordance with the guidelines as
set out on Exhibit A hereto, and the Texas Abatement Fund Share shall be
distributed to the Texas Opioid Council under the authority and guidance
of the Texas MDL Court, consistent with Exhibits A and C, and the by-
laws of the Texas Opioid Council documents and disbursed as set forth
therein, including without limitation all abatement funds and the 1%
holdback for expenses.
9. The State of Texas and the Political Subdivisions understand and
acknowledge that additional steps may need to be undertaken to assist the
Texas Opioid Council in its mission, at a predictable level of funding,
regardless of external factors.
C. Payment of Counsel and Litigation Expenses
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1. Any Master Settlement Agreement settlement will govern the payment of
fees and litigation expenses to the Parties. The Parties agree to direct
control of any Texas Political Subdivision fees and expenses to the "Texas
Opioid Fee and Expense Fund," which shall be allocated and distributed
by the Texas MDL Court, In re: Texas Opioid Litigation, MDL No. 2018-
63587, in the 152nd District Court of Harris County, Texas, and with the
intent to compensate all counsel for Texas Political Subdivisions who have
not chosen to otherwise seek compensation for fees and expenses from any
federal MDL common benefit fund.
2. The Parties agree that no portion of the State of Texas 15% allocation
share from any settlement shall be administered through the National
Fund, the Texas MDL Court, or Texas Opioid Fee and Expense Fund,
but shall be directed for payment to the State of Texas by the State of
Texas.
3. The State of Texas and the Texas Political Subdivisions, and their
respective attorneys, agree that all fees — whether contingent, hourly,
fixed or otherwise — owed by the Texas Political Subdivisions shall be
paid out of the National Fund or as otherwise provided for herein to the
Texas Opioid Fee and Expense Fund to be distributed by the 152nd
rA
District Court of Harris County, Texas pursuant to its past and future
orders.
4. From any opioid-related settlements with McKesson, Cardinal Health,
ABDC, and Johnson & Johnson, and for any future opioid-related
settlements negotiated, in whole or in part, by the Negotiating
Committee with any other Pharmaceutical Supply Chain Participant,
the funds to be deposited in the Texas Opioid Fee and Expense Fund
shall be 9.3925% of the combined Texas Political Subdivision and
Texas Abatement Fund portions of each payment (annual or otherwise)
to the State of Texas for that settlement, plus expenses from the
National Fund, and shall be sought by Texas Political Subdivision
Counsel initially through the National Fund. The Texas Political
Subdivisions' percentage share of fees and expenses from the National
Fund shall be directed to the Texas Opioid Fee and Expense Fund in
the Texas MDL, as soon as is practical, for allocation and distribution
in accordance with the guidelines herein.
5. If the National Fund share to the Texas Political Subdivisions is
insufficient to cover the guaranteed 9.3925%, plus expenses from the
National Fund, per subsection 4, immediately supra, or if payment from
the National Fund is not received within 12 months after the date the
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first payment is made by the Defendants pursuant to the settlement, then
the Texas Political Subdivisions shall recover up to 12.5% of the Texas
Political Subdivision Share to make up any difference.
6. If the National Fund and the Texas Political Subdivision share are
insufficient to cover the guaranteed 9.3925%, plus expenses from the
National Fund, or if payment from the National Fund is not received
within 12 months after the date the first payment is made by the
Defendants pursuant to the settlement, then the Texas Political
Subdivisions shall recover up to 8.75% of the Abatement Fund Share
to make up any difference. In no event shall the Texas Political
Subdivision share exceed 9.3925% of the combined Texas Political
Subdivision and Texas Abatement Fund portions of any settlement,
plus expenses from the National Fund. In the event that any payment
is received from the National Fund such that the total amount in fees
and expenses exceeds 9.3925%, the Texas Political Subdivisions shall
return any amounts received greater than 9.3925% of the combined
Texas Political Subdivision and Texas Abatement Fund portions to
those respective Funds.
Wt
7. For each settlement utilizing a National Fund, the Texas Political
Subdivisions need only make one attempt at seeking fees and expenses
there.
8. The total amount of the Texas Opioid Fee and Expense Fund shall be
reduced proportionally, according to the agreed upon allocation of the
Texas Subdivision Fund, for any Texas litigating Political Subdivision
that (1) fails to enter the settlement; and (2) was filed in Texas state
court, and was transferred to the Texas MDL (or removed before or
during transfer to the Texas MDL) as of the execution date of this
Agreement.
D. The Texas Opioid Council and Texas Abatement Fund
The Texas Opioid Council and Texas Abatement Fund is described in detail
at Exhibit A, incorporated herein by reference.
E. Settlement Negotiations
1. The State and Negotiating Committee agree to inform each other in
advance of any negotiations relating to a Texas -only settlement with a
Pharmaceutical Supply Chain Participant that includes both the State and
its Political Subdivisions and shall provide each other the opportunity to
participate in all such negotiations. Any Texas -only Settlement agreed to
with the State and Negotiating Committee shall be subject to the approval
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of a majority of litigating Political Subdivisions. The Parties further agree
to keep each other reasonably informed of all other global settlement
negotiations with Pharmaceutical Supply Chain Participants and to include
the Negotiating Committee or designees. Neither this provision, nor any
other, shall be construed to state or imply that either the State or the
Negotiating Committee is unauthorized to engage in settlement
negotiations with Pharmaceutical Supply Chain Participants without prior
consent or contemporaneous participation of the other, or that either party
is entitled to participate as an active or direct participant in settlement
negotiations with the other. Rather, while the State's and Negotiation
Committee's efforts to achieve worthwhile settlements are to be
collaborative, incremental stages need not be so.
2. Any Master Settlement Agreement (MSA) shall be subject to the approval
and jurisdiction of the Texas MDL Court.
3. As this is a Texas -specific effort, the Committee shall be Chaired by the
Attorney General. However, the Attorney General, or his designees, shall
endeavor to coordinate any publicity or other efforts to speak publicly with
the other Committee Members.
4. The State of Texas, the Texas MDL Plaintiffs Steering Committee
representatives, or the Political Subdivision representatives may withdraw
11
from coordinated Settlement discussions detailed in this Section upon 10
business days' written notice to the remaining Committee Members and
counsel for any affected Pharmaceutical Supply Chain Participant. The
withdrawal of any Member releases the remaining Committee Members
from the restrictions and obligations in this Section.
5. The obligations in this Section shall not affect any Party's right to proceed
with trial or, within 30 days of the date upon which a trial involving that
Party's claims against a specific Pharmaceutical Supply Chain Participant
is scheduled to begin, reach a case specific resolution with that particular
Pharmaceutical Supply Chain Participant.
F. Amendments
The Parties agree to make such amendments as necessary to implement the
intent of this agreement.
Acknowledgment of Agreement
We, the undersigned, have participated in the drafting of the above Texas
Term Sheet, including consideration based on comments solicited from Political
Subdivisions. This document has been collaboratively drafted to maintain all
individual claims while allowing the State and its Political Subdivisions to cooperate
in exploring all possible means of resolution. Nothing in this agreement binds any
party to any specific outcome. Any resolution under this document will require
12
acceptance by the State of Texas and a majority of the Litigating Political
Subdivisions.
We, the undersigned, hereby accept the STATE OF TEXAS AND TEXAS
POLITICAL SUBDIVISIONS' OPIOID ABATEMENT FUND COUNCIL AND
SETTLEMENT ALLOCATION TERM SHEET. We understand that the purpose of
this Texas Term Sheet is to permit collaboration between the State of Texas and
Political Subdivisions to explore and potentially effectuate earlier resolution of the
Opioid Litigation against Pharmaceutical Supply Chain Participants. We also
understand that an additional purpose is to create an effective means of distributing
any potential settlement funds obtained under this Texas Term Sheet between the
State of Texas and Political Subdivisions in a manner and means that would promote
an effective and meaningful use of the funds in abating the opioid epidemic
throughout Texas.
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Executed this 13 day of May, 2020.
FOR THE STATE OF TEXAS:
-9 � 416
KENNETH PAXTON, JR.
ATTORNEY GENERAL
FOR THE SUBDIVISIONS
AND TEXAS MDL PSC:
MUKAL WATTS
WATTS GUERRA LLP
JE#ffdY SiMON
SIMON G ENSTONE PANA'I'lER, PC
DARA HEGAR
LANIEft�W PC
L
WNEY, PC
:sas
EXHIBIT A
Opioid Abatement Fund (Texas) Settlement
Opioid Council
As part of the settlement agreement and upon its execution, the parties will form the Texas Opioid
Council (Council) to establish the framework that ensures the funds recovered by Texas (through
the joint actions of the Attorney General and the state's political subdivisions) are allocated fairly
and spent to remediate the opioid crisis in Texas, using efficient and cost-effective methods that
are directed to the hardest hit regions in Texas while also ensuring that all Texans benefit from
prevention and recovery efforts.
I. Structure
The Council will be responsible for the processes and procedures governing the spending of the
funds held in the Texas Abatement Fund, which will be approximately 70% of all funds obtained
through settlement and/or litigation of the claims asserted by the State and its subdivisions in the
investigations and litigation related to the manufacturing, marketing, distribution, and sale of
opioids and related pharmaceuticals.
Money paid into the abatement fund will be held by an independent administrator, who shall be
responsible for the ministerial task of releasing funds solely as authorized below by the Council,
and accounting for all payments to and from the fund.
The Council will be formed when a court of competent jurisdiction enters an order settling the
matter, including any order of a bankruptcy court. The Council's members must be appointed
within sixty (60) days of the date the order is entered.
1/ ' n ' e
The Council shall be comprised of the following thirteen (13) members:
1. Statewide Members.
Six members appointed by the Governor and Attorney General to represent the State's
interest in opioid abatement. The statewide members are appointed as follows:
a. The Governor shall appoint three (3) members who are licensed health
professionals with significant experience in opioid interventions;
b. The Attorney General shall appoint three (3) members who are licensed
professionals with significant experience in opioid incidences; and
c. The Governor will appoint the Chair of the Council as a non -voting member.
The Chair may only cast a vote in the event there is a tie of the membership.
2. Regional Members.
Six (6) members appointed by the State's political subdivisions to represent their
designated Texas Health and Human Services Commission "HHSC" Regional Healthcare
Partnership (Regions) to ensure dedicated regional, urban, and rural representation on the
Council. The regional appointees must be from either academia or the medical profession
with significant experience in opioid interventions. The regional members are appointed as
follows:
a. One member representing Regions 9 and 10 (Dallas Ft -Worth);
b. One member representing Region 3 (Houston);
c. One member representing Regions 11, 12, 13, 14, 15, 19 (West Texas);
d. One member representing Regions 6, 7, 8, 16 (Austin -San Antonio);
e. One member representing Regions 1, 2, 17, 18 (East Texas); and
f. One member representing Regions 4, 5, 20 (South Texas).
All members of the Council are appointed to serve staggered two-year terms, with the terms of
members expiring February 1 of each year. A member may serve no more than two consecutive
terms, for a total of four consecutive years. For the first term, four (4) members (two (2) statewide
and two (2) for the subdivisions) will serve a three-year term. A vacancy on the Council shall be
filled for the unexpired term in the same manner as the original appointment. The Governor will
appoint the Chair of the Council who will not vote on Council business unless there is a tie vote,
and the subdivisions will appoint a Vice -Chair voting member from one of the regional members.
C. Governance
1. Administration
The Council is attached administratively to the Comptroller. The Council is an
independent, quasi -governmental agency because it is responsible for the statewide
distribution of the abatement settlement funds. The Council is exempt from the following
statutes:
a. Chapter 316 of the Government Code (Appropriations);
b. Chapter 322 of the Government Code (Legislative Budget Board);
c. Chapter 325 of the Government Code (Sunset);
d. Chapter 783 of the Government Code (Uniform Grants and Contract
Management);
e. Chapter 2001 of the Government Code (Administrative Procedure);
f. Chapter 2052 of the Government Code (State Agency Reports and Publications);
g. Chapter 2261 of the Government Code (State Contracting Standards and
Oversight);
h. Chapter 2262 of the Government Code (Statewide Contract Management);
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i. Chapter 262 of the Local Government Code (Purchasing and Contracting
Authority of Counties); and
j. Chapter 271 of the Local Government Code (Purchasing and Contracting
Authority of Municipalities, Counties, and Certain Other Local Governments).
2. Transparency
The Council will abide by state laws relating to open meetings and public information,
including Chapters 551 and 552 of the Texas Government Code.
i. The Council shall hold at least four regular meetings each year. The Council may
hold additional meetings on the request of the Chair or on the written request of
three members of the council. All meetings shall be open to the public, and public
notice of meetings shall be given as required by state law.
ii. The Council may convene in a closed, non-public meeting:
a. if the Commission must discuss:
1. Negotiation of contract awards; and
2. Matters specifically exempted from disclosure by federal and
state statutes.
b. All minutes and documents of a closed meeting shall remain under seal,
subject to release only order of a court of competent jurisdiction.
3. Authority
The Council does not have rulemaking authority. The terms of each Judgment, Master
Settlement Agreement, or any Bankruptcy Settlement for Texas control the authority of
the Council and the Council may not stray outside the bounds of the authority and power
vested by such settlements. Should the Council require legal assistance in determining
their authority, the Council may direct the executive director to seek legal advice from the
Attorney General to clarify the issue.
The independent administrator will set aside up to one (1) percent of the settlement funds for the
administration of the Council for reasonable costs and expenses of operating the foregoing duties,
including educational activities.
1. Executive Director
The Comptroller will employ the executive director of the Council and other personnel as
necessary to administer the duties of the Council and carry out the functions of the Council.
The executive director must have at least 10 years of experience in government or public
administration and is classified as a Director V/B30 under the State Auditor's State
Classification. The Comptroller will pay the salaries of the Council employees from the
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one (1) percent of the settlement funds set aside for the administration of the Council. The
Comptroller will request funds from the Texas Abatement Fund Point of Contact.
2. Travel Reimbursement
A person appointed to the Council is entitled to reimbursement for the travel expenses
incurred in attending Council duties. A member of the Council may be reimbursed for
actual expenses for meals, lodging, transportation, and incidental expenses in accordance
with travel rates set by the federal General Services Administration.
IL Duties/Roles
It is the duty of the Council to determine and approve the opioid abatement strategies and funding
awards.
�•• • •1 11111111111111111111111111111111 1 P
AI •e -u-1'�
The Council will develop the approved Texas list of abatement strategies based on but not limited
to the existing national list of opioid abatement strategies (see attached Appendix A) for
implementing the Texas Abatement Fund.
1. The Council shall only approve strategies which are evidence -informed strategies.
2. The Texas list of abatement strategies must be approved by majority vote. The majority
vote must include a majority from both sides of the statewide members and regional
members in order to be approved, e.g., at least four (4) of six (6) members on each side.
- -1 •. u'I 1• '• • •
The Council will determine a single point of contact called the Abatement Fund Point of Contact
(POC) to be established as the sole entity authorized to receive requests for funds and approve
expenditures in Texas and order the release of funds from the Texas Abatement Fund by the
independent administrator. The POC may be an independent third party selected by the Council
with expertise in banking or financial management. The POC will manage the Opioid Council
Bank Account (Account). Upon a vote, the Council will direct the POC to contact the independent
administrator to release funds to the Account. The Account is outside the State Treasury and not
managed by any state or local officials. The POC is responsible for payments to the qualified
entities selected by the Council for abatement fund awards. The POC will submit a monthly
financial statement on the Account to the Council.
An independent auditor appointed by the Council will perform an audit on the Account on an
annual basis and report its findings, if any, to the Council.
M
The Council is the sole decision -maker on the funding allocation process of the abatement funds.
The Council will develop the application and award process based on the parameters outlined
below. An entity seeking funds from the Council must apply for funds; no funds will be awarded
without an application. The executive director and personnel may assist the Council in gathering
and compiling the applications for consideration; however, the Council members are the sole
decision -makers of awards and funding determination. The Council will use the following
processes to award funds:
Statewide Funds. The Council will consider, adopt and approve the allocation
methodology attached as Exhibit C, based upon population health data and prevalence
of opioid incidences, at the Council's initial meeting. Adoption of such methodology
will allow each Region to customize the approved abatement strategies to fit its
communities' needs. The statewide regional funds will account for seventy-five (75)
percent of the total overall funds, less the one (1) percent administrative expense
described herein.
2. Targeted Funds. Each Region shall reserve twenty-five (25) percent of the overall
funds, for targeted interventions in the specific Region as identified by opioid incidence
data. The Council must approve on an annual basis the uses for the targeted abatement
strategies and applications available to every Region, including education and outreach
programs. Each Region without approved uses for the targeted funds from the Council,
based upon a greater percentage of opioid incidents compared to its population, is
subject to transfer of all or a portion of the targeted funds for that Region for uses based
upon all Regions' targeted funding needs as approved by the Council on an annual basis.
3. Annual Allocation. Statewide regional funds and targeted funds will be allocated on an
annual basis. If a Region lapses its funds, the funds will be reallocated based on all
Regions' funding needs.
The Council will establish an appeal process to permit the applicants for funding (state or
subdivisions) to challenge decisions by the Council -designated point of contact on requests for
funds or expenditures.
I. To challenge a decision by the designated point of contact, the State or a subdivision
must file an appeal with the Council within thirty (30) days of the decision. The Council
then has thirty (30) days to consider and rule on the appeal.
2. If the Council denies the appeal, the party may file an appeal with the state district court
of record where the final opioid judgment or Master Settlement Agreement is filed. The
Texas Rules of Civil Procedure and Rules of Evidence will govern these proceedings.
The Council may request representation from the Attorney General in these proceedings.
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In making its determination, the state district court shall apply the same clear error
standards contained herein that the Council must follow when rendering its decision.
3. The state district court will make the final decision and the decision is not appealable.
4. Challenges will be limited and subject to penalty if abused.
5. Attorneys' fees and costs are not recoverable in these appeals.
The Council may determine that a percentage of the funds in the Abatement Fund from the targeted
funds be used to develop an education and outreach program to provide materials on the
consequences of opioid drug use, prevention and interventions. Any material developed will
include online resources and toolkits for communities.
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Exhibit B: Municipal Area Allocations: 15 c of Total ($150 million
(County numbers refer to distribution to the county governments after payment to cities within
county borders has been made. Mininium distribution to cacti county is $1000.)
Municipal Area
Allocation
Municipal Area
Allocation
Abbott
$688
Lakeport
8463
Abernathy
$110
Lakeside
S4A74
Abilene
$563,818
Lakeside City
$222
Ac•kerly
$21
Lakeview
$427
Addison
$58,094
Lakeway
$31,657
Adrian
$181
Lakewood Village
8557
Agua Dulce
$43
Lainar County
$141,598
Alamo
$22,121
Lamb County
850,681
Alamo IIeights
$28,198
Lainesa
S29,656
Alba
S3,196
Lampasas
828,211
Albany
$180
Lampasas County
S42,818
Aledo
$331
Lancaster
$90,653
Alice
$71,291
Laredo
$763,174
Allen
$315,081
Latexo
S124
Alma
$1,107
Lavaca County
$45.973
Alpine
$29,686
Lavon
87.435
Alto
$3,767
Lawn
S58
Alton
$11,540
League City
S302,418
Alvarado
$29,029
Leakey
$256
Alvin
$113,962
Leander
S88,641
Alvord
$358
Leary
8797
Amarillo
$987,661
Lee County
S30,457
Ames
$5,571
Lefors
S159
Amherst
$22
Leon County
S67,393
Analmac
$542
Leon Valley
$23,258
Anderson
$19
Leona
$883
Anderson County
$268,763
Leonard
$8,505
Andrews
$18,983
Leroy
S176
Andrews County
$37,606
Levelland
$46,848
Angelina County
$229,956
Lewisville
$382,094
Angleton
$62,791
Lexington
S2,318
Angus
$331
Liberty
S72,343
Anna
$9,075
Liberty County
$531,212
Annetta
$5,956
Liberty IIill
$2,780
Annetta North
$34
Limestone County
8135,684
(Table continues on multiple pages below)
Annetta South
$602
Lincoln Park
$677
Annona
$738
Lindale
$24,202
Anson
85,13.1
Linden
$3,661
Anthony
$4,514
Lindsay
S1,228
Anton
$444
Lipan
S44
Appleby
$1,551
Lipscomb County
510,132
Aquilla
$208
Little Fliu
$69,326
Aransas County
$266,512
Little River -Academy
S798
Aransas Pass
$57,813
Littlefield
57.678
Archer City
$10,554
Live Oak
532,740
Archer County
$45,53-1
Live Oak County
539.716
Arcola
$7,290
Liverpool
51,435
Argti,le
$11,406
Livingston
573,165
Arlington
$735,803
Llano
823,121
Armstrong County
$974
Llano County
$115,647
Arp
$2,009
Lockhart
$49,050
Asherton
$112
Lockney
$3.301
Aspermont
$9
Log Cabin
81,960
Atascosa County
8176,903
Lometa
51,176
Athens
8105,942
Lone Oak
$1.705
Atlanta
$30,995
Lonc Star
58,283
Aubrey
$15,141
Longview
$482,254
Aurora
$1,849
Loraine
$188
Austin County
$76,030
Lorena
53.390
Austin
$4,877,716
Lorenzo
811,358
Austwell
$109
Los Frescos
S11.185
Aver'
$138
Los Indios
S159
Avinger
81,115
Los Ybancz
SO
Azle
832,213
Lott
$1,516
Bailey
$950
Lovelady
$249
Bailey County
$15,377
Loving County
$1,000
Bailey's Prairie
$5,604
Lowry Crossing
$783
Baird
$2,802
Lubbock
8319,867
Balch Springs
$27,358
Lubbock County
S1,379,719
Balcones Heights
$23,811
Lucas
$5.266
Ballinger
59,172
Lueders
8508
Balmorlrca
S63
Lufkin
5281,592
Bandera
$2,893
Luling
$29,421
Bandera County
$86,815
Lumberton
$36,609
Bangs
$3,050
Lyford
$3,071
Pagc
Bardwell
$362
Lvnn County
56,275
Barry
$200
Lytle
S7,223
Barstow
$61
Mabank
519.443
Bartlett
$3,374
Madison County
849,492
Bartonville
$8,887
Madisonville
811,458
Bastrop
$46,320
Magnolia
826,031
Bastrop County
$343,960
Malakoff
811614
Bay City
$57,912
Malone
8439
Baylor County
$29,832
Manor
512.499
Bayou Vista
$6,240
Mansfield
$150,788
Bayside
$242
Nlanvcl
S12.305
Baytown
$216,066
Marble Falls
537M39
Ba,N�,icw
$41
Nlarfa
$65
Beach City
$12,505
Marietta
5338
Bear Creek
$906
Marion
8275
Beasley
$130
Marion County
854.728
Beaumont
$683,010
Marlin
S21,634
Bec•kville
$1,247
Marquez
S1,322
Bedford
$94,314
Marshall
$108,371
Bedias
$3,475
Mart
5928
Bec Cave
$12,863
Martin County
$10,862
Bee County
$97,844
Martindale
S1437
Beeville
$24,027
Mason
$777
Bell County
$650,748
Mason County
53,134
Bellaire
$41,264
Matador
$1,203
Bellevue
$56
Matagorda County
$135,239
Bellmead
$14,487
Mathis
S15,720
Bells
$1,891
Maud
S423
Bellville
$7,488
Maverick County
5115,919
Belton
$72,680
Maypearl
S986
Benavides
$152
McAllen
$364,424
Benbrook
$43,919
McCanicy
S542
Benjamin
$951
McGregor
59.155
Berryville
$14,379
AlcKinncy
$450,383
Bertram
$182
McLean
$14
Beverly Hills
$4,336
McLendon -Chisholm
S411
Bevil Oaks
$549
McCulloch County
S20,021
Bear County
$7,007,152
Mclennan County
S529,641
Big Lake
$547
Mcmullcn County
51,000
Big Sandy
$4,579
Mcadow
S1.121
Pagc:�
Big Spring
$189,928
Aleadowlakes
S905
Big Wells
$236
Meadows Place
$18,148
Bishop
$8,213
Medina County
S48,355
Bishop Hills
$323
Alegargel
5611
Blackwell
$31
Melissa
S15,381
Blanco
$6,191
Melvin
8345
Blanco County
$49,223
Memphis
$7,203
Blanket
$147
Alenard
8991
Bloomburg
$1,010
Alcnard County
S14,717
Blooming Grove
$352
Mercedes
821.441
Blossom
$198
Meridian
S3,546
Blue Mound
$2,888
Merkel
810,117
Blue Ridge
$1,345
Mertens
$239
Blum
$1,622
Nlertzon
829
Boerne
$45,576
Mesquite
8310,709
Bogata
$3,619
Alexia
$21.096
Bonham
$100,909
Aliami
S455
Bonney
$2,510
Midland County
$279,927
Booker
$1,036
Midland
$521.849
Borden County
$1,000
Midlothian
595,799
Bolger
$69,680
Alidway
S78
Bosque County
$71,073
Milani County
897,386
Bovina
$173
Milano
S904
Bowic
$83,620
Mildred
8286
Bowic County
$233,190
Miles
S93
Boyd
$6,953
Milford
$6,177
Brackettville
$8
Miller's Cove
$97
Brady
$27,480
Alillican
S417
Brazoria
$11,537
Mills County
S19.931
Brazoria County
$1,021,090
Alillsap
S34
Brazos Bend
$462
Mineola
848,719
Brazos Country
$902
Mineral Wells
892.061
Brazos County
$342,087
Alingus
8189
Breckenridge
$23,976
Mission
S124.768
Bremond
$5,55-1
Missouri Cite
S209.633
Brenham
$54,750
Mitchell County
820.850
Brewster County
$60,087
Alobectic
$52
Briarcliff
$572
Mobile City
$2,034
Briaroaks
$57
Alonahans
S5,849
Bridge City
$80,756
Mont Belvieu
$19,669
Pa!jt, 4
Bridgeport
$33,301
Montague County
S94,796
Briscoe County
$977
Montgoinery
$1,88.1
Broaddus
$31
Mont.gonnery County
S2,700,911
Brontc
$99
Moody
S828
Brooks County
$201710
Moore County
S40,627
Brookshire
$6,406
Moore Station
S772
Brookside Village
$1,110
Moran
S50
Brown Comity
S193,417
Morgan
S605
Browndell
$152
Morgan's Point
S3.105
Brownfield
$14,452
Morgan's Point Resort
S&024
Brownsboro
$3,176
Morris County
S53,328
Brownsville
$425,057
Morton
S167
Brownwood
$166,572
Motley County
$3,344
Bruceville-Eddy
$1,692
Moulton
$999
Bryan
$246,897
Mount Calin
$605
Bryson
$1,228
Mount Enterprise
S1.832
Buckliolts
$1,113
Mount Pleasant
S65,68-1
Buda
$10,784
Mount Vernon
S6,0.19
Buffalo
$11,866
Mountain City
$1,548
Buffalo Gap
$88
Mucnster
$4,656
Buffalo Springs
$188
Muleshoe
$4,910
Bullard
$7,487
Mullin
S384
Bulverde
$14,436
Munda}-
$2.0.17
Bunker Hill Village
$472
Murchison
S2,302
Burkburnett
$371844
Murphy
S•51,893
Burke
$1,11.1
Mustang
$7
Burleson County
$70,244
Mustang Ridge
S2.462
Burleson
$151J79
Nacogdoches
S205,992
Burnet
833134.
Nacogdoches County
8198,583
Burnet County
$189,829
Naples
$4,224
Burton
$937
Nash
S 7.999
Byers
$77
Nassau Bay
S111247
Bynum
$380
Natalia
S625
Cactus
$4,779
Navarro
$334
Caddo Mills
$43
Navarro County
$103,513
Caldwell
$18,245
Navasota
S37,676
Caldwell County
$86,413
Nazareth
S124
Calhoun County
$127,926
Nederland
S44,585
Callahan County
$12,894
Needville
S10,341
Callisburg
$101
Nevada
S237
Calvert
$772
New Berlin
S4
Cameron
$11,091
Now Boston
S6.953
Cameron County
$537,026
Now Braunfels
$307,313
Camp County
$28,851
New Chapel Hill
5288
Camp Wood
$422
New Deal
S338
Campbell
$1,116
New Fairview
52.334
Canadian
$1,090
New Ilome
$9
Cancy City
$2,005
New Hope
S1.024
Canton
$56,734
New London
54.129
Canyon
$26,251
New Sunimerfield
S442
Carbon
$620
New tiVaverly
52562
Carl's Corner
$48
Newark
5520
Carmine
$385
Newcastle
891-4
Carrizo Springs
$1,671
Newton
56,102
Carrollton
$310,255
Newton County
5158.006
Carson County
$29,493
Ncylandvillo
5163
Carthago
$18,927
Niedcrwald
$16
Cashion Community
$322
Nixon
82.283
Cass County
$93,155
Nocona
816.536
Castle Hills
$12,780
Nolan County
550.262
Castro County
$4,420
Nolanville
S4.247
Castroville
$4,525
Nome
S391
Cedar Hill
$70,127
Noonday
S226
Cedar Park
$1851567
Nordlicim
5697
Celeste
$1,280
Normangm
S6.192
Celina
$18,283
North Cleveland
5105
Center
$58,838
North Richland Hills
$146.419
Centerville
$385
Northlake
58.905
Chambers County
$153.188
Novice
S76
Chandler
$17,364
Nueces Count.
51.367,932
Charming
$2
O'Brien
S76
Charlotte
$4,257
O'Donnell
827
Cherokee County
$156,612
Oak Grove
$2.769
Chester
$1,174
Oak Leaf
8612
Chico
$2,928
Oak Point
$9,011
Childress
$37,916
Oak Ridge
S358
Childress County
$50,582
Oak Ridge North
833,512
Chillicothe
$172
Oak Valley
S7
China
$522
Oakwood
5148
China Grove
$598
Ochiltree, County
S15,476
Pape 6
Chirello
$1,568
Weill
$7,420
Christine
$354
Odessa
$559.163
Cibolo
$13,690
Oglesby
S29
Cisco
$7,218
Old River-Winfrcc
S21,653
Clarendon
$114
Oldham County
S10,318
Clarksville
$20,891
Olmos Park
$9.801
Clarksville City
$54
Olney
S6,088
Claude
$26
Olton
S1,197
Clay County
$72,050
Omaha
S4,185
Clear Lake Shores
$6,682
Onalaska
S31,654
Cleburne
$228,184
Opdyke West
$479
Cleveland
$96,897
Orange
S311,339
Clifton
$9,939
Orange County
$689,818
Clint
$375
Orange Grove
S1,677
Clute
$51,350
Orchard
$867
Clyde
$17,287
Ore City
56,806
Coahoma
$2,291
Overt on
S7,900
Cochran County
$3,389
Ovilla
S13,391
Cockrell hill
$512
Oyster Creek
$9.633
Coffee City
$1,087
Paducah
S125
Coke County
$5,522
Paint Rock
S141
Coldspring
$447
Palacios
S14,036
Coleman
$5,442
Palestine
S178,009
Coleman County
$4,164
Palisades
5240
College Station
$258,147
Palln Valle}
$1,918
Colleyville
$46,049
Palmer
812,666
Collin County
$1,266,721
Palmhurst
S4,660
Collingsworth County
$19,234
Palniview
S7,577
Collinsville
$1,831
Palo Pinto County
S124,621
Collnesucil
$2,211
Pampa
S67,227
Colorado City
$8,405
Panhandle
S9,536
Colorado County
$49,084
Panola County
S80,699
Columbus
$6,867
Panorama Village
81,292
Couial County
$396,142
Parltcgo
S12,898
Comanche
$16,503
Paradise
$52
Comanche County
$50,964
Paris
S201,180
Combes
$1,710
Parker
S10,307
Combine
$1,892
Parker County
S476,254
Commerce
$33,869
Parmer County(
S151866
Conio
$415
Pasadena
S356,536
Pug(• 7
Concho County
$3,859
Pattison
81,148
Conroe
$466,671
Patton Village
89,268
Converse
$27,693
Payne Springs
81,770
Cooke Count-
$200,451
Pearland
$333,752
Cool
$731
Pearsall
$11,570
Coolidge
$243
Pecan Gap
S 719
Cooper
$362
Pecan Hill
$229
Coppell
$86,593
Pecos
S7,622
Copper Canyon
$489
Pecos County
846,997
Copperas Cove
$133,492
Pelican Bay
$1,199
Corinth
$75,298
Penelope
S415
Corpus Christi
$1,812,707
Penitas
S312
Corral City
$143
Perryton
823,364
Corrigan
$21,318
Petersburg
$1,691
Corsicana
$87,310
Petrolia
S17
Col -Yell County
$123,659
Petronila
85
Cottle County
$875
Pflugerville
886,408
Cottonwood
$289
Pharr
$144,721
Cottonwood Shores
$1,203
Pilot Point
S11,613
Cotulla
$1,251
Pine Forest
83,89.1
Coupland
$266
Pine Island
83,1-11
Cove
$387
Pinehurst
$32,671
Covington
$519
Pincland
S4,138
Coyote Flats
$1,472
Pincy Point Village
S15,738
Crandall
$12,094
Pittsburg
820,526
Crane
$10,599
Plains
8129
Cranc County
$26,146
Plainview
860.298
Cranfills Gap
$128
Plano
S1,1.51,608
Crawford
$383
Pleak
8270
Creedmoor
$16
Pleasant Valley
8308
Cresson
S1,086
Pleasanton
S29,011
Crockett
$23,403
Plum Grove
$258
Crockett County
$18,210
Point
$1,519
Crosby County
$18,388
Point Blank
S355
Crosbyton
$1,498
Point Comfort
S447
Cross Plains
$4,877
Point Venture
8588
Cross Roads
$244
Polk Count'
$370,831
Cross Timber
$542
Ponder
SL282
Crowell
$6,335
Port Aransas
S31,022
Crowley
$22,345
Port Arthur
$36 7 ,945
Pug( 8
Crystal City
$19,412
Port Isabel
$9,802
Cuero
$24,689
Port. Lavaca
S11,752
Culbersou County
$789
Port Neches
S38,849
Cumby
$5,320
Portland
$76,517
Curley
8606
Post,
82,332
Cushing
$1,120
Post Oak Bend City
51,034
Cut and Shoot
$2,141
Potect
86,767
DISII
$19
Poth
83.974
Daingerfield
$12,476
Potter County
$371,701
Daisetta
$5,370
Pottsboro
$12,302
Dalliart
$11,609
Powell
8110
Dallam County
$21,686
Poynor
51,180
Dallas County
$8,538,291
Prairie View
87,600
Dallas
$2,999,902
Premont
83,321
Dalworthington Gardens
$6,060
Presidio
8148
Danbury
$4,231
Presidio County
S787
Darrouzett
$101
Primcra
$2,958
Dawson
$600
Princeton
519,245
Dawson County
$46,911
Progreso
S8,072
Dayton
$47,122
Progreso Lakes
839
Dayton Lakes
$38
Prosper
S22,770
De Falb
$1,035
Providence Village
$508
De Leon
$8,218
Putnam
$14
Do Witt County
$68,895
Pyote
$22
DeCordova
$13,778
Quanall
5207
DeSoto
$72,400
Queen City
$4,837
Deaf Smith County
534,532
Quinlan
87,304
Dean
$141
Quintana
5492
Decatur
$56,669
Quitaque
S8
Deer Park
$49,388
Quitman
S15,619
Del Rio
$59,056
Rains County
853,190
Dell City
$15
Ralls
83.967
Delta County
$30,58.1
Rancho Viejo
$3,836
Denison
$210,426
Randall County
$278,126
Denton
$458,334
Ranger
$12,186
Denton Counts
$1,132,298
Rankin
$1.613
Denver City
$2,104
Ransom Cam'on
5930
Deport
$42
Ravenna
5685
Detroit
$965
Raymondville
87,466
Devers
$191
Reagan County
$25M5
pays 9
Devine
$4,354
Real County
S5,073
Diboll
$25,533
Red Lick
823
Dickens
$71
Red Oak
$26,843
Dickens County
$1,873
Red River County
$29,306
Dickinson
$831683
Redwater
81,058
Dilley
$2,633
Reeves County
$103,350
Dimmit County
$33,294
Refugio
88,839
Dinunitt
$1,012
Refugio County
546,216
Dodd City
$1,211
Reklaw
81.136
Dodson
$447
Reno
83.791
Domino
$196
Reno
$11.164
Donley County
$22,370
Retreat
$52
Donna
$13,798
Rliomc
812,285
Dorchester
$231
Rice
81.972
Double Oak
$4,765
Richardson
5260,315
Douglassville
$574
Richland
8210
Dripping Springs
$811
Richland Hills
824.438
Driscoll
$39
Richland Springs
82.234
Dublin
$14,478
Richmond
877,606
Dumas
$26,229
Richwood
812,112
Duncanville
$58,328
Ricsel
$1,118
Duval County
$49,109
Rio Bravo
58,548
Eagle Lake
$4,882
Rio Grande City
825.947
Eagle Pass
$56,005
Rio Hondo
53,550
Early
$14,838
Rio Vista
84.419
Earth
$242
Rising Star
SI M3
East Bernard
$5,554
River Oaks
511,917
East Mountain
$2,494
Riverside
8858
East Tawakoni
$2,723
Roanoke
8275
Eastland
$15,896
Roaring Springs
8461
Eastland County
$52,275
Robert Lee
S85
Easton
$329
Roberts County
S547
Ector
$1,108
Robertson County
544,642
Ector County
$480,000
Robinson
518,002
Edcouch
$4,101
Robstown
540,154
Eden
$497
Roby
S428
Edgccliff Village
$2,232
Rochester
5674
Edgewood
$13,154
Rockdale
820,973
Edinburg
$120,884
Rockport
854,253
Edinonson
$136
Rocksprings
825
Page 10
Edna
$18,194
Rockwall
8114,308
Edom
$2,149
Rockwall County
$168,820
Edwards County
$975
Rocky Mound
S280
El Campo
$31,700
Rogers
83,818
El Cenizo
$621
Rollingwood
84,754
El Lago
$5,604
Roma
$16,629
El Paso
$1,224,371
Roman Forest
88,610
El Paso County
$2,592,121
Ropesville
S2,122
Eldorado
$50
Roscoe
8778
Electra
$15,716
Rose City
$4.012
Elgin
$26,284
Rose Hill Acres
$2,311
Elkhart
$301
Rosebud
51,489
Ellis County
$315,372
Rosenberg
S126,593
Elinendorf
$7 6
Ross
51-17
Elsa
$7,720
Rosser
5549
Emliouse
$83
Rotan
51,493
Emory-
$3,878
Round Mountain
S 154
Enchanted Oaks
$1,299
Round Rock
$475,992
Encinal
$1,515
Rornnd Top
$140
Ennis
$81,839
Rowlett
899,963
Erath County
$102,616
Roston
S47
Esc•obares
$40
Royse City
S23,494
Estelline
$909
Rule
$800
Euless
592,824
Runaway Bay
S6,931
Eureka
$331
Runge
S2.5.5
Eustace
$2,089
Runnels County
S33,831
Evant
$2,068
Rusk
817,991
Everman
$7,692
Rusk County
S151,390
Fair Oaks Ranch
$8,077
Sabinal
S1,811
Fairchilds
$81
Sabine County
S46,479
Fairfield
$1,245
Saclise
523,400
Fairview
$32,24.5
Sadler
8925
Falfurrias
$2,221
Saginaw
S31,973
Falls City
$11
Salado
$3.210
Falls County
$34,522
San Angelo
$536,509
Fannin County
$131,653
San Antonio
$4,365,416
Farmers Branch
$94,532
San Augustine
S25,182
Farmersville
$10,532
San Augustine County
$37,854
Farwell
$343
San Benito
$40.015
Fate
$3,473
San Diego
511,771
Payr 11
Fayette County
$92,440
San Elizario
87,831
Fayetteville
$391
San Felipe
51,498
Ferris
$13,873
San Jacinto County
8197.398
Fisher County
$5,518
San Juan
$28,815
Flatonia
$5,661
San Leanna
S36
Florence
$3,949
San Marcos
5325.688
Floresvillc
$21,699
San Patricio
54.213
Flower Mound
$215,256
San Patricio County
$271,916
Floyd County
$9,049
San Perlita
52219
Floydada
$6,357
San Saba
$10,057
Foard County
$5,764
San Saba County
517.562
Follett
$212
Sanctum-Y
S17
Forest Hill
$26,132
Sandy Oaks
89.863
Forney
$80,112
Sandy Point
81.637
Forsan
$576
Sanford
8308
Fort Bend County
$1,506.719
Sanger
$22,237
Fort Stockton
$4,411
Sansom Park
8223
Fort «Vorth
$2,120,790
Santa Anna
8329
Franklin
$3,931
Santa Clara
$87
Franklin County
$25,783
Santa Fe
533,272
Frankston
$274
Santa Rosa
S2.138
Fredericksburg
$56,486
Savoy
52.319
Freeport
$72,973
Schertz
560,110
Freer
$3,271
Schlciclicr County
85.695
Freestone County
$50,495
Schulenburg
$2.560
Friendswood
$140,330
Scotland
5148
Frio County
$19,954
Scottsville
$708
Friona
$2,848
Scurry
$1.110
Frisco
$405,309
Scurry County
573,116
Fritch
$4,548
Seabrook
830,270
Frost
$321
Seadrift
5991
Fruitvale
$2,344
Seagoville
517,106
Fulshcar
$5,272
Seagraves
87.531
Fulton
$1,602
Scaly
$20,637
Gaines County
$54,347
Seguin
5376,538
Gainesville
$153,980
Selma
822,429
Galena Park
$13,093
Seminole
816,092
Gallatin
$1,253
Seven Oaks
$3.917
Galveston
$488,187
Seven Points
$7,452
Galveston County
$1,124,093
Seymour
514.218
Page 12
Ganado
$5,510
Shackelford Comity
$1,288
Garden Ridge
$11,351
Shady Shores
S594
Garland
$420,244
Shallowatcr
$1.907
Garrett
$2,510
Shamrock
S.L328
Garrison
$3,555
Shavano Park
S3.178
Gary City
$450
Shelby County
$109,925
Garza County
$8,944
Shenandoah
S•17,122
Gatesville
$26,994
Shepherd
S147
George `Vest
$6,207
Sherman
$330,585
Georgetown
$225,896
Sherman County
$7.930
Gholson
$1,505
Shiner
S4,042
Giddings
$12,674
Shoreaeres
S958
Gillespie County
$631191
Silsbee
$66,442
Gilmer
$33,951
Silverton
$14
Gladewater
$24,638
Simonton
$1.906
Glasscock County
$1,000
Simon
S23,658
Glen Rose
$540
Skellytowli
8.100
Glenn Heights
$16,593
Slaton
S154
Godley
$3,115
Smiley
S655
Goldsmith
$677
Smith County
S758,961
Goldthwaite
$1,225
Sinitlrville
817,009
Goliad
$3,563
Suryer
S300
Goliad County
$34,660
Snook
S1.422
Golinda
$100
Snyder
S9,018
Gonzales
$14,882
Socorro
811,125
Gonzales County
$33,230
Somerset
S1.527
Goodlow
$221
Somervell County
$51,076
Goodrich
$9,643
Somerville
$3.806
Gordon
$365
Sonora
$7,337
Goree
$749
Sour Lake.
$17,856
Gorman
$3,107
South Houston
S25,620
Graford
$23
South Mountain
S154
Graham
$235,428
South Padre Island
S30,629
Cranbury
$71,735
Southlake
$70,846
Grand Prairie
$445,439
Southmayd
$7.096
Grand Saline
$36,413
Soutliside Place
S885
Grandfalls
$65
Spearman
S14,000
Grandview
$6,600
Splendora
S7.756
Granger
$2,741
Spofford
S7
Granite Shoals
$11,834
Spring Valley Village
$161404
Page 13
Granjeno
$43
Springlake
S3
Grapeland
$7,287
Springtown
$14,244
Grapevine
S129,195
Spur
S427
Gray County
$65,884
St. Hedwig
S111
Grays Prairie
$17
St. Jo
S7,360
Grayson County
$539,083
St. Paul
S21
Greenville
$203,112
Stafford
$75145
Gregg County
$243,744
Stagecoach
S3,036
Gregory
$4,697
Stamford
S398
Grey Forest
$474
Stanton
S3.838
Grimes County
$94,878
Staples
S19
Groesbeck
$5,745
Star Harbor
S151
Groom
$965
Starr County
S99.896
Groves
$40,752
Stephens County
$35,244
Groyeton
$8,827
Stephenville
583,472
Gruver
$1,166
Sterling CAN
S62
Guadalupe County
$146,824
Sterling County
$939
Gun Barrel City
$36,302
Stinnett
$4,097
Gunter
$4,609
Stockdale.
S741
Gustine
$31
Stonewall County
S1,822
Hackberry
$94
Stratford
58,378
Hale Center
$6,042
Strawn
S987
Hale County
$79,150
Streetman
S5
Hall County
$8,933
Sudan
S32
Hallettsville
$6,895
Sugar Land
$321.561
Hallsburg
$272
Sullivan CAN
S6,121
Hallsyille
$10,239
Sulphur Springs
8124.603
IIaltom City
$71,800
Sun Valley
S4
Hamilton
$3,581
Sundown
82,592
Hamilton County
$66,357
Sunnyvale
83.248
Hamlin
$4,656
Sunray
S2.571
Hansford County
$16,416
Sunrise Beach Village
S2.083
Happy
$327
Sunset Valley
S9,425
Hardenran County
$15,219
Surfside Beach
$6,530
Hardin
S100
Sutton County
S6,541
Hardin County
$379,800
Sweeny
$4,503
Harker Heights
$113,681
Sweetwater
S68,248
Harlingen
$165,429
Swisher County
S7.251
Harris County
$14,966,202
Taft
S5.861
Harrison County
$185,910
Tahoka
S430
Page 14
Hart
$86
Talco
S372
Hartley County
$786
Talty
SUN
Haskell
$10,829
Tarrant County
$6,171,159
Haskell County
$22,011
Tatum
S972
Haslet
$1,908
Taylor
S57,945
Hawk Cove
$6741
Taylor County
S351,078
Hawkins
$7,932
'Taylor Lake Village
S412
Hawley
$931
Taylor Landing
8153
Hays
$506
Teague
S1.714
Hays County
$5291489
Tchuacana
$12
Hearne
$16,824
Temple
$280,747
Heath
$28,751
Tenalia
S4,718
Hebron
$687
Terrell
S148,706
Hedley
$70
Terrell County
S5.737
Hedwig Village
$13,067
Terrell Hills
S9.858
Helotcs
$15,790
Tcrry County
S25,423
Hemphill
$8,035
Texarkana
8192,094
Hemphill County
$14,394
Texas City
S298,702
Hempstead
$21,240
Texhoina
S156
Henderson
$59,966
Tcxlinc
S865
Henderson County
$327,965
The Colony
$114,297
Henrietta
$2,720
The Hills
$1,004
Hereford
$20,423
Thompsons
S1,897
Hewitt
$19,776
Thorndale
S1,595
Hickory Creek
$16,510
Thornton
$270
Hico
$5,531
Thorntouville
$87
Hidalgo
$26,621
Thrall
S825
Hidalgo County
$1,253.103
Thrce Rivers
$4,669
Hideaway
$922
Throckniorton
S29
Higgins
$43
Throckinorton County
S5,695
IIighland Haven
$320
Tiki Island
S2,178
IIighland Park
$43,383
Timbercreek Canyon
S369
Highland Village
$50,315
Timpson
812,642
Hill Country Village
$6,485
Tioga
$2,390
Hill County
$127,477
Tira
$185
Hillcrest
$5,345
Titus County
S70,611
Hillsboro
$46,609
Toco
$-I
Hilshirc Village
$859
Todd Mission
S1,680
Hitchcock
$28,796
Tolar
S2,369
Hockley County
$46,407
Tom Bean
82,293
Page 15
Holiday Lakes
$1,795
Tom Green County
$282,427
Holland
$77
Tomball
S34,620
Holliday
85,910
Tool
S14.787
Hollywood Park
80,424
Toyah
S40
Hondo
$115,288
Travis County
54.703.473
Honey Grove
$7,196
Trcnt.
863
Hood County
$292,105
Trenton
S3.089
Hooks
$2,702
Trinidad
$5,859
Hopkins County
$149,518
Trinity
S23,652
Horizon City
$7,520
Trinity County
5105.766
Horseshoe Bay
848,173
Trophy Club
$29,370
Houston County
878,648
Troup
87,918
Houston
87,021,793
Troy
S5.320
Howard County
$89,330
Tulia
58.911
IIowardwick
$84
Turkey
5737
Howe
$9,177
Tuscola
S138
Hubbard
$3,635
Tye
51,766
Hudson
$6,840
Tyler
$723,829
Hudson Oaks
815,637
Tyler County
5131,7.13
Hudspeth County
$985
Uhland
51,545
Hughes Springs
84,442
Uncertain
8185
Humble
573,952
Union Grove
5994
Hunt County
$309,851
Union Valley
5666
Hunters Creek Village
$14,708
Universal City
528,428
Hunt ington
$8,792
University Park
$50,833
Huntsville
$80,373
Upshur County
5128.300
Hurst
899,187
Upton County
58.499
Hutchins
89,551
Uvalde
S18,439
Hutchinson County
874,630
Uvalde County
836,244
Hutto
$38,346
Val Verde County
$117.815
Huxley
$738
Valentine
$207
Idalou
$1,999
Valley mills
$2.228
Impact
$8
Valley View
51.82-1
Indian Lake
$473
Van
86.206
Industry
8604
Van Alstyne
543.7 19
Ingleside on the Bay
$142
Van Horn
5211
Ingleside
$40,487
Van Zandt County
$2.18.747
Ingram
$5,243
Vega
$974
Iola
$3,164
Venus
59.792
Iowa Colony
$4,090
Vernon
$81,337
Pays 10
Iowa Park
$23,487
Victoria
584,598
Irian
$56
Victoria County
S520,886
Iredell
$216
Vidor
S95,620
Irion County
$9,105
Vinton
5622
Irving
$427,818
Volente
5333
Italy
$5,349
Von Oriny
5513
Itasca
$8,694
Waco
S512,007
Ivanhoe
$26
Waelder
$3,427
Jacinto City
$14,141
Wake Village
517-1
Jack County
514,799
Walker County
5184,624
Jacksboro
$23,251
N'l'aller County
S126,206
.Jackson County
$37,98-1
NValler
811,295
Jacksonville
580,179
Wallis
$2.698
Jamaica Beach
$4,913
Walnut Springs
S183
.Jarrell
$2,423
Ward Count'•
S67,920
Jasper
$78,422
Warren City
$66
Jasper County
$248,855
Washington County
581727
.Ja. Ion
$63
N1'askom
$,5.346
Jeff Davis County
$8,500
Watauga
$33,216
Jefferson
511,194
Waxaliachie
5151094
Jefferson County
$756.61-1
Weatherford
S2077872
Jersey Village
$36,3-17
Webb County
5505,304
Jewett
$9,338
Webberville
S1,280
Jim Hogg County
$12,718
Webster
S53,202
.Jim Wells County
$166,539
Weimar
S5,830
Joaquin
$810
Wcinert
$234
Johnson City
$3,581
N'l'cir
8443
Johnson County
$408,692
Wellington
S9,111
Jolly
$26
Wellman
S383
Jones County
$22,001
Wells
SI,357
Jones Creek
$5,078
Weslaco
573,949
Jonestown
$6,419
West
$3,522
Josephine
$881
West Columbia
517,958
Joshua
$20,619
West Lake Hills
S17.056
Jourdanton
$9,600
West Orange
$42,452
Junction
$4,825
West Tawakoni
56,995
Justin
$8,575
West University Place
S34,672
Barnes City
$11,632
Westbrook
$43
Karnes Count•
$35,249
Westlake
S•11,540
Katy
$52,467
Weston
$266
Yaye 17
Kaufman
$27,607
Weston Lakes
S189
Kaufman County
$353,047
NVestover Hills
$4.509
Keene
$38,296
Westworth Village
S7,8-12
Keller
$79,189
Wharton
$31,700
Kemah
$28,325
Wharton County
$72,887
Kemp
$6,419
Wheeler
5447
Kempner
$330
NVhecler County
$26,273
Kendall County
$100,643
White Deer
51,273
Kendleton
$13
White Oak
$15,305
Kenedy
$676
White Settlement
$23,304
Kenedy County
$1,000
Whiteface
5155
Kenefick
$416
Whitehouse
$29,017
Kennard
$132
Whitesboro
518.932
Kenncdale
$21,024
Whitewright
S7,098
Kent County
$939
Whitney
$73
Kercns
81,924
Wichita County
S552,371
Kermit
$5,652
Wichita Falls
$832,574
Kerr County
$218,452
NVickett
S87
Kerrville
$190,357
Wilbarger County
$55,124
Kilgore
$105,583
Willacy County
$24,581
Killeen
$535,650
NViIlia inson County
$1.195,987
Kimble County
$20,480
Willis
$24.384
King County
$1,000
NVillow Park
S26,737
Kingsville
$20,083
Wills Point
843,765
Kinney County
$2,142
Wilmer
5426
Kirby
$8,752
Wilson
S12
Kirbyvillc
$10,690
Wilson County
5121,034
Kirvin
$2
Wimberlcv
S724
Kleberg County
$124,109
Windcrest
512,908
Knollwood
$1,160
Windom
51,087
Knox City
$1,962
Windthorst
S3.385
Knox County
$11,730
Winfield
8290
Kosse
$2,468
Wink
5120
Kountze
$19,716
Winkler County
S61,163
Kress
$186
Winnsboro
S28,791
Krugerville
$1,508
Winona
$319
Krum
$9,661
Winters
56,229
Kurten
$686
NVisc County
$289,074
Kyle
$51,835
Wixon Valley
S441
La Feria
$10,381
Wolfe City
S5.466
Page 1 S
La Grange
$9,623
Wolfforth
S4,022
La Grulla
$1,708
NVOod County
$267,048
La Joya
$8,457
Woodbranch
S9.617
La Alarquc
$98,930
Woodcreck
$358
La Porte
$91,532
Woodloch
$1,012
La Salle County
$14,975
Woodsboro
S1,130
La Vcrnia
$3,217
Woodson
S122
La Villa
$572
Woodville
S20.3.10
La Ward
$321
Woodway
S25.713
LaCoste
$159
Wortham
S376
Lacy -Lakeview
$11,599
Wylie
S114.708
Ladonia
$2,011
Yantis
82.072
Lago Vista
$13,768
Yoakum County
S34,924
Laguna Vista
$3,689
Yoakum
S20.210
Lake Bridgeport
$232
Yorktown
S5,417
Lake City
$2,918
Young County
$44,120
Lake Dallas
$25,31-1
Zapata County
S56.480
Lake Jackson
$75,781
Zavala County
S38,147
Lake Tanglewood
$613
Zavalla
S1,088
Lake Worth
$20,051
Page i.o
EXHIBIT C
Exhibit C: TX Opioid Council & Health Care Region Allocations plus Administrative Costs
70% of Total ($700 million)
Health Care Region Allocation*: $693 million; Administrative Costs: $7 million
Region Counties in Health Care Region Allocation
Anderson, Bowie, Camp, Cass, Cherokee, Delta, Fannin, Franklin, Freestone, Gregg,
1
Harrison, Henderson, Hopkins, Houston, Hunt, Lamar, Marion, Morris, Panola, Rains,
Red, River, Rusk, Smith, Titus, Trinity, Upshur, Van, Zandt, Wood
$38,223,336
Angelina, Brazoria, Galveston, Hardin, Jasper, Jefferson, Liberty, Nacogdoches, Newton,
2
Orange, Polk, Sabine, San Augustine, San Jacinto, Shelby, Tyler
$54,149,215
3
Austin, Calhoun, Chambers, Colorado, Fort Bend, Harris, Matagorda, Waller, Wharton
$120,965,680
4
Aransas, Bee, Brooks, De Witt, Duval, Goliad, Gonzales, Jackson, Jim Wells, Karnes,
Kenedy, Kleberg, Lavaca, Live Oak, Nueces, Refugio, San Patricio, Victoria
$27,047,477
5
Cameron, Hidalgo, Starr, Willacy
$17,619,875
Atascosa, Bandera, Bexar, Comal, Dimmit, Edwards, Frio, Gillespie, Guadalupe, Kendall,
6
Kerr, Kinney, La Salle, McMullen, Medina, Real, Uvalde, Val Verde, Wilson, Zavala
$68,228,047
7
Bastrop, Caldwell, Fayette, Hays, Lee, Travis
$50,489,691
8
Bell, Blanco, Burnet, Lampasas, Llano, Milam, Mills, San Saba, Williamson
$24,220,521
9
Dallas, Kaufman
$66,492,094
10
Ellis, Erath, Hood, Johnson, Navarro, Parker, Somervell, Tarrant, Wise
$65,538,414
Brown, Callahan, Comanche, Eastland, Fisher, Haskell, Jones, Knox, Mitchell, Nolan,
11
Palo Pinto, Shackelford, Stephens, Stonewall, Taylor
$9,509,818
Armstrong, Bailey, Borden, Briscoe, Carson, Castro, Childress, Cochran, Collingsworth,
Cottle, Crosby, Dallam, Dawson, Deaf Smith, Dickens, Donley, Floyd, Gaines, Garza,
12
Gray, Hale, Hall, Hansford, Hartley, Hemphill, Hockley, Hutchinson, Kent, King, Lamb,
Lipscomb, Lubbock, Lynn, Moore, Motley, Ochiltree, Oldham, Parmer, Potter, Randall,
Roberts, Scurry, Sherman, Swisher, Terry, Wheeler, Yoakum
$23,498,027
Coke, Coleman, Concho, Crockett, Irion, Kimble, Mason, McCulloch, Menard, Pecos,
13
Reagan, Runnels, Schleicher, Sterling, Sutton, Terrell, Tom Green
$5,195,605
Andrews, Brewster, Crane, Culberson, Ector, Glasscock, Howard, Jeff Davis, Loving,
14
Martin, Midland, Presidio, Reeves, Upton, Ward, Winkler
$12,124,354
15
El Paso, Hudspeth
$17,994,285
16
Bosque, Coryell, Falls, Hamilton, Hill, Limestone, McLennan
$9,452,01.8
17
Brazos, Burleson, Grimes, Leon, Madison, Montgomery, Robertson, Walker, Washington
$23,042,947
18
Collin, Denton, Grayson, Rockwall
$39,787,684
Archer, Baylor, Clay, Cooke, Foard, Hardeman, Jack, Montague, Throckmorton, Wichita,
19
Wilbarger, Young
$12,665,268
20
Jim Hogg, Maverick, Webb, Zapata
$6,755,656
Administrative Costs
$7,000,000
* Each Region shall reserve 25% of its allocation for Targeted Funds under the guidelines of Exhibit A.
EXHIBIT "B"
Settlement Participation Form
Governmental Entity:
State:
Authorized Official:
Address l:----
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.
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
86
Section IV (Release), and along with all departments, agencies, divisions, boards,
eormnissions, districts, ins tr unentalities 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 filly, 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.
I have all necessary power and authorization to execute this Election and Release on behalf of
the Govermnental Entity.
Signature:
Name:
Title:
Date:
EXHIBIT "C"
Subdivision 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 ("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 Govermnental Entity sliall, 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 Govermnental 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.
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7. The Governmental Entity has the right to enforce the Distributor Settlement as provided
therein,
8. The Govertunental 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 -Rill 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 laiow 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.
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I L 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:
Name:
Title:
Date:
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