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HomeMy WebLinkAboutRes 2022-01 Opioid Settlement with Endo and TevaCity of West University Place Harris County, Texas RESOLUTON NO. 2022-01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE SETTLEMENT RELEASE DOCUMENTS WITH PHARMACEUTICAL MANUFACTURERS ENDO HEALTH SOLUTIONS INC., ENDO PHARMACEUTICALS INC., ENDO INTERNATIONAL PLC, PAR PHARMACEUTICAL, INC., AND PAR PHARMACEUTICAL COMPANIES, INC. ("ENDO") AND TEVA ("TEVA"), AS ADDITIONAL SETTLING PARTIES WITHIN THE NATIONAL OPIOID SETTLEMENT PARTICIPATION PREVIOUSLY AUTHORIZED BY THE CITY. WHEREAS, the City of West University Place, Texas (the "City"), through Resolution No. 2021- 21, duly authorized participation in the opioid settlement and adopted the Texas Term Sheet; and WHEREAS, pharmaceutical manufacturers Endo Health Solutions Inc., Endo Pharmaceuticals Inc., Endo International PLC, Par Pharmaceutical, Inc., and Par Pharmaceutical Companies, Inc. ("Endo') and TEVA have now joined the proposed opioid settlement; and WHEREAS, the City Council of the City hereby 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; and WHEREAS, the City desires to execute the settlement release forms with ENDO and TEVA in their entirety; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF WEST UNIVERSITY PLACE, TEXAS: SECTION 1. THAT the statements provided in the caption and the recitals of this Resolution are true and correct and are adopted herein for all intents and purposes. SECTION 2. THAT the Mayor is authorized to execute the settlement release documents with ENDO and TEVA in a timely manner. PASSED AND APPROVED ON THE 14TH DAY OF FEBRUARY 2022. FOR THE CITY: USAN V. SAM E, M YOR r 6R`_W Thelma A. Gilliam, 1 Exhibit A TEXAS SUBDIVISION AND SPECIAL DISTRICT 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. 2018-63587, in the 152nd Judicial District Court, Harris County, Texas. Dated: '3 4 - 2-o Texas Sub4ivision Name: b TAy OV Oey' um veRS'i (y PLA -(—E By: Cdyt [NAME] [TITLE] (ot o [ TX —1 `7 o 05 - [ADDRESS] 3g -o o LLrlcutrs' (;J 6Itri, [TELEPHONE] `"l1'-� 66Z- -14 L �V [EMAIL ADDRESS] c,& w pLcR G 'hl -X ov 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 1 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. 1 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, In Re: Texas Opioid Litigation, MDL No. 18-0358, Master File No. 2018-63587, in the 152nd Judicial District Court, Harris County, Texas. Dated: r3l q 12-t? 27– Texas Subdivision Name: CITY pF W FS T N/ViFRS1 ry PCAcE By: r''a [N [TITLE] d , [ADDRESS]oo l9_r�vtcT� 131��tvcnn]'U��-10 �� [TELEPHONE] -113 - b 16 2 r `"1468 [EMAIL ADDRESS] S Sa. pw a—Wesl-u..-X'3ov