RES 1605 9/28/2021 Opioid Claim `y O
'City.1 Choke
12ESOLUTION
NO: /605
City of Cibolo
STATE OF TEXAS
COUNTY OF GUADALUPE
CITY OF CIBOLO, TEXAS
BE IT REMEMBERED, at a regular meeting of the City Council of City of Cibolo, Guadalupe
County,Texas, was held on the, 28'x'day of September,2021, on motion made by
70e-1 14i c Ivy Councilmember of District -7 and seconded by
Tm UD Ii u e r Councilmember of District_6 ,the following Resolution was adopted:
WHEREAS, the City of Cibolo, Guadalupe County, 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/ordistribution 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 and County; 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
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WHEREAS, Special Counsel and the State of Texas have recommended that the City of Cibolo,
Guadalupe County,Texas support the adoption and approval the Texas Term Sheet in its entirety.
NOW, THEREFORE, BE IT RESOLVED that we, the City Council of the City of Cibolo,
Guadalupe County, Texas:
1. Support the adoption and approval the Texas Term Sheet in its entirety; and
2. Find as follows:
a. There is a substantial need for repayment of opioid-related expenditures and payment
to abate opioid-related harms in and about City of Cibolo,Guadalupe County,Texas;and
b. The City Council 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. The City
Council 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. 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 in the City,County and throughout Texas.
PASSED AND APPROVED THIS 28 ..DAY OF SEPTEMBER,2021.
Stosh Boyle, Mayor
ATTEST
Peggy Cimics,TRMS,City Secretary
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EXHIBIT K
Subdivision Settlement Participation Form
Governmental Entity: C: o 401&u State: T Yqs-
Authorized Official: 5-6 o M a YO
Address 1: 20!O -5
005 I�YT
Address 2: o Y,9- 416
City, State,Zip: 7—cx4 -7 5'/.OS
Phone:
Email: ST3&Vle ItO C146C7101tXov
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.
I. 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.
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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.
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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.
1 have all necessary power and authorization to execute this Participation Form on behalf of the
Governmental Entity.
Signature:
Name: �j1n5 elm/�Q
Title: 1yl aw Pr
Date: `t J 2`al z I
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EXHIBIT K
i
Settlement Participation Form
Governmental Entity: C'f v4` 6;balo State: —rcwwgs
Authorized Official: 540sh -Boyle- 01 to
Address 1: -.;zoeo 5 ir1 n ?x -M/018,
Address 2:
City, State Zi ;
Phone: -210- ricc
Email: 5 %o e / 4 x . gov
The governmental entity identified above("Governmental Entity"), in order to obtain and in
consideration for the benefits provided to the Governmental Entity pursuant to 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.
I_ 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 proposes 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
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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.
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I have all necessary power and authorization to execute this Election and Release on behalf of
the Governmental Entity.
Signature:
TDCly
Name: �j{v5� �e
Title: AA
Date:
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Exhibit A
TEXAS SUBDIVISION AND SPECIAL DISTRICT
r ELECTION AND RELEASE FORM
This Election and Release Form for Texas Participating Subdivisions' resolves opioid-
related Claims against Endo/Par under the terms and conditions set forth in the Endo/Par Texas
State-Wide Opioid Settlement Agreement between Endo/Par,the State of Texas, and the Counties
of Dallas, Bexar, Harris and Tarrant (the "Agreement"), the provisions of which are here
incorporated by reference in their entirety. Upon executing this Election and Release Form, a
Participating Subdivision agrees that, in exchange for the consideration described in the
Agreement, the Participating Subdivision is bound by all the terms and conditions of the
Agreement, including but not limited to the Release found in Section VII of the Agreement and
the provisions concerning participation by Subdivisions or Special Districts in Section VIII, and
the Participating Subdivision and its signatories expressly represent and warrant on behalf of
themselves that they have, or will have obtained on or before the Effective Date or on or before
the execution of this Election and Release Form if executed after the Effective Date,the authority
to settle and release,to the maximum extent of the Subdivision's and Special District's power, all
Released Claims related to Covered Conduct. If this Election and Release Form is executed on or
before the Initial Participation Date, the Participating Subdivision shall dismiss Endo/Par and all
other Released Entities with prejudice from all pending cases in which the Participating
Subdivision has asserted Covered Claims against Endo/Par or a Released Entity no later than the
Initial Participation Date. If this Election and Release Form is executed after the Initial
Participation Date, the Participating Subdivision shall dismiss Endo/Par and all other Released
The Agreement defines a"Participating Subdivision"as a Subdivision or Special District that signs this Election
and Release Form and meets the requirements for becoming a Participating Subdivision under subsection VIIIA.of
the Agreement.
A-1
745274877.20
Entities with prejudice from all pending cases in which the Participating Subdivision has asserted
Covered Claims against Endo/Par or a Released Entity concurrently with the execution of this
form. By executing this Election and Release Form, the Participating Subdivision submits to the
jurisdiction of the Honorable Robert Schaffer,In Re: Texas Opioid Litigation,MDL No. 18-0358,
Master File No. 20018-63587, in the 152nd Judicial District Court, Harris County, Texas.
Dated:�z (� Z Q)Z I
Texas Subdivision Name: C`l O
By: 1A )aftt�
Wayne Reed, I -CM
City Manager
200 S. Main Street
Cibolo,Texas
210-619-0003
wreed@cibolotx.gov
A-2
745274877.20
Exhibit B
TEXAS SUBDIVISION AND SPECIAL DISTRICT
ELECTION AND RELEASE FORM
This Election and Release Form for Texas Participating Subdivisions' resolves opioid-
related Claims against Teva under the terms and conditions set forth in the Teva Texas State-
Wide Opioid Settlement Agreement between Teva, the State of Texas, and the Counties of
Dallas, Bexar, Harris and Tarrant (the "Agreement"), the provisions of which are here
incorporated by reference in their entirety. Upon executing this Election and Release Form, a
Participating Subdivision agrees that, in exchange for the consideration described in the
Agreement, the Participating Subdivision is bound by all the terms and conditions of the
Agreement, including but not limited to the Release found in Section VII of the Agreement and
the provisions concerning participation by Subdivisions or Special Districts in Section VIII,and
the Participating Subdivision and its signatories expressly represent and warrant on behalf of
themselves that they have, or will have obtained on or before the Effective Date or on or before
the execution ofthis Election and Release Form if executed after the Effective Date,the authority
to settle and release, to the maximum extent of the Subdivision's and Special District's power,
all Released Claims related to Covered Conduct. If this Election and Release Form is executed
on or before the Initial Participation Date, the Participating Subdivision shall dismiss the
Released Claims with prejudice and sever Teva and all other Released Entities from all pending
cases in which the Participating Subdivision has asserted Covered Claims against Teva or a
Released Entity no later than the Initial Participation Date. If this Election and Release Form is
executed after the Initial Participation Date, the Participating Subdivision shall dismiss the
The Agreement defines a"Participating Subdivision" as a Subdivision or Special District that
signs this Election and Release Form and meets the requirements for becoming a Participating
Subdivision under subsection VIII.A. of the Agreement.
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Released Claims with prejudice and sever Teva and all other Released Entities from all pending
cases in which the Participating Subdivision has asserted Covered Claims against Teva or a
Released Entity concurrently with the execution of this form. By executing this Election and
Release Form, the Participating Subdivision submits to the jurisdiction of the Honorable Robert
Schaffer,1n Re: Texas Opioid Litigation,MDL No. 18-0358,Master File No.2018-63587, in the
152nd Judicial District Court, Harris County,Texas.
Dated: Z L2.5 0 Z2,
Texas Subdivision Name:
By:
Wayne Ree ICMA CM
City Manag
200 S. Main Street
Cibolo,Texas
210-619-0003
wreed@cibolotx.gov
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