HomeMy WebLinkAbout5855RESOLUTION NO. 5855
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, RATIFYING THE MAYOR'S
EXECUTION OF AN ALLOCATION AGREEMENT AND
PARTICIPATION FORMS RELATED TO OPIOID
PHARMACY AND MANUFACTURER SETTLEMENTS
WHEREAS, on September 19, 2022, the City Council adopted Resolution No.
5682 authorizing the Mayor to execute a Memorandum of Understanding and related
documents that enabled the City to participate in, and receive funds from, the settled
lawsuit; and
WHEREAS, on April 4th, 2025, the State of Washington settled additional lawsuits
against nine opioid distributors whose actions and practices contributed to the opioid
crisis currently facing the State and Washington localities; and
WHEREAS, the Attorney General's Office estimates that including these additional
settlements, eligible Washington local governments will receive a total of $578 million
from the opioid settlements ; and
WHEREAS, the settlements are contingent on a high percentage of eligible cities
and counties joining the settlements; and
WHEREAS, if all eligible cities and counties join the settlements the local
governments will receive half of the settlement funds ($289 million), which must be used
on abating the opioid crisis in their communities; and
WHEREAS, participating in the settlements requires the City to sign an allocation
agreement, which releases the nine manufacturers from any potential city claims, and
nine (9) separate Participation Forms no later than September 30, 2025, which document
the city's willingness to participate in the terms of the settlements; and
Resolution No. 5855
September 2nd, 2025
Page 1 of 2
WHEREAS, in light of the devastating effects of the opioid crisis on the City and
the surrounding region, and the need for additional funding to support opioid treatment
and prevention, it is appropriate for the City to join in the settlements.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, RESOLVES as follows:
Section 1. The City Council ratifies the Mayor's execution, through the Mayor's
designee, of the nine (9) Participation Forms and the Allocation Agreement, attached
hereto, enabling the City to participate in, and receive money from additional, opioid
pharmacy and manufacturer settlements.
Section 2. The Mayor, or the Mayor's designee, is authorized to implement
those administrative procedures necessary to carry out the directives of this Resolution.
Section 3. This Resolution will take effect and be in full force on passage.
Dated and Signed this 2nd day of September, 2025.
CITY OF AUBURN
AYOR
Wu'L'r�4---ow-ii-P7
ATTEST: A KUvtu 5 I U M:
Shawn Campbell, MMC, City Clerk Jason Whalen, City Attorney
Resolution No. 5855
September 2nd, 2025
Page 2 of 2
EXHIBIT K
Subdivision Participation and Release Form
Governmental Entity: City of Auburn
State: Washington
Authorized Official: Ellen Mounts
Address 1: 25 West Main Street
Address 2:
City, State, Zip: Auburn Washington 98001
Phone: 253.804.5018
Email: emountsaauburnwa.aov
The governmental entity identified above ("Governmental Entity"), in order to obtain and
in consideration for the benefits provided to the Governmental Entity pursuant to that certain
Governmental Entity & Shareholder Direct Settlement Agreement accompanying this
participation form (the "Agreement")', and acting through the undersigned authorized official,
hereby elects to participate in the Agreement, grant the releases set forth below, and agrees- as
follows.
1. The Governmental Entity is aware of and has reviewed the Agreement, and agrees that by
executing this Participation and Release Form, the Governmental Entity elects to
participate in the Agreement and become a Participating Subdivision as provided therein.
2. The Governmental Entity shall promptly after the Effective Date, and prior to the filing of
the Consent Judgment, dismiss with prejudice any Shareholder Released Claims and
Released Claims that it has filed. With respect to any Shareholder Released Claims and
Released Claims pending in In re National Prescription Opiate Litigation, MDL No. 2804,
the Governmental Entity authorizes the Plaintiffs' Executive Committee to execute and file
on behalf of the Governmental Entity a Stipulation of Dismissal with Prejudice
substantially in the form found at https://nationalopioidsettlement.com.
3. The Governmental Entity agrees to the terms of the Agreement pertaining to Participating
Subdivisions as defined therein.
4. By agreeing to the terms of the Agreement and becoming a Releasor, the Governmental
Entity is entitled to the benefits provided therein, including, if applicable, monetary
payments beginning following the Effective Date.
5. The Governmental Entity agrees to use any monies it receives through the Agreement
solely for the purposes provided therein.
6. The Governmental Entity submits to the jurisdiction of the court in the Governmental
Entity's state where the Consent Judgment is filed for purposes limited to that court's role
as and to the extent provided in, and for resolving disputes to the extent provided in, the
Capitalized terms used in this Exhibit K but not otherwise defined in this Exhibit K have the meanings given to
them in the Agreement or, if not defined in the Agreement, the Master Settlement Agreement.
K-1
Agreement. The Governmental Entity likewise agrees to arbitrate before the National
Arbitration Panel as provided in, and for resolving disputes to the extent otherwise
provided in, the Agreement.
7. The Governmental Entity has the right to enforce the Agreement as provided therein.
8. The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for
all purposes in the Agreement, including without limitation all provisions of Article 10
(Release), and along with all departments, agencies, divisions, boards, commissions,
districts, instrumentalities of any kind and attorneys, and any person in his or her official
capacity whether elected or appointed to serve any of the foregoing and any agency, person,
or other entity claiming by or through any of the foregoing, and any other entity identified
in the definition of Subdivision Releasor, to the maximum extent of its authority, for good
and valuable consideration, the adequacy of which is hereby confirmed, the Shareholder
Released Parties and Released Parties are, as of the Effective Date, hereby released and
forever discharged by the Governmental Entity and its Subdivision Releasors from: any
and all Causes of Action, including, without limitation, any Estate Cause of Action and any
claims that the Governmental Entity or its Subdivision Releasors would have presently or
in the future been legally entitled to assert in its own right (whether individually or
collectively), notwithstanding section 1542 of the California Civil Code or any law of any
jurisdiction that is similar, comparable or equivalent thereto (which shall conclusively be
deemed waived), whether existing or hereinafter arising, in each case, (A) directly or
indirectly based on, arising out of, or in any way relating to or concerning, in whole or in
part, (i) the Debtors, as such Entities existed prior to or after the Petition Date, and their
Affiliates, (ii) the Estates, (iii) the Chapter 11 Cases, or (iv) Covered Conduct and (B) as
to which any conduct, omission or liability of any Debtor or any Estate is the legal cause
or is otherwise a legally relevant factor (each such release, as it pertains to the Shareholder
Released Parties, the "Shareholder Released Claims", and as it pertains to the Released
Parties other than the Shareholder Released Parties, the "Released Claims"). For the
avoidance of doubt and without limiting the foregoing: the Shareholder Released Claims
and Released Claims include any Cause of Action that has been or may be asserted against
any Shareholder Released Party or Released Party by the Governmental Entity or its
Subdivision Releasors (whether or not such party has brought such action or proceeding)
in any federal, state, or local action or proceeding (whether judicial, arbitral, or
administrative) (A) directly or indirectly based on, arising out of, or in any way relating to
or concerning, in whole or in part, (i) the Debtors, as such Entities existed prior to or after
the Petition Date, and their Affiliates, (ii) the Estates, (iii) the Chapter 11 Cases, or (iv)
Covered Conduct and (B) as to which any conduct, omission or liability of any Debtor or
any Estate is the legal cause or is otherwise a legally relevant factor.
9. As a Releasor, the Governmental Entity hereby absolutely, unconditionally, and
irrevocably covenants not to bring, file, or claim, or to cause, assist or permit to be brought,
filed, or claimed, or to otherwise seek to establish liability for any Shareholder Released
Claims or Released Claims against any Shareholder Released Party or Released Party in
any forum whatsoever, subject in all respects to Section 9.02 of the Master Settlement
Agreement. The releases provided for herein (including the term "Shareholder Released
K-2
Claims" and "Released Claims") are intended by the Governmental Entity and its
Subdivision Releasors to be broad and shall be interpreted so as to give the Shareholder
Released Parties and Released Parties the broadest possible release of any liability relating
in any way to Shareholder Released Claims and Released Claims and extend to the full
extent of the power of the Governmental Entity to release claims. The Agreement shall be
a complete bar to any Shareholder Released Claim and Released Claims.
10. To the maximum extent of the Governmental Entity's power, the Shareholder Released
Parties and the Released Parties are, as of the Effective Date, hereby released and
discharged from any and all Shareholder Released Claims and Released Claims of the
Subdivision Releasors.
11. The Governmental Entity hereby takes on all rights and obligations of a Participating
Subdivision as set forth in the Agreement.
12. In connection with the releases provided for in the Agreement, each Governmental Entity
expressly waives, releases, and forever discharges any and all provisions, rights, and
benefits conferred by any law of any state or territory of the United States or other
jurisdiction, or principle of common law, which is similar, comparable, or equivalent to
§ 1542 of the California Civil Code, which reads:
General Release; extent. A general release does not extend to claims that
the creditor or releasing party does not know or suspect to exist in his or her
favor at the time of executing the release that, if known by him or her, would
have materially affected his or her settlement with the debtor or released
party.
A Releasor may hereafter discover facts other than or different from those which it knows,
believes, or assumes to be true with respect to the Shareholder Released Claims or such
other Claims released pursuant to this release, but each Governmental Entity hereby
expressly waives and fully, finally, and forever settles, releases and discharges, upon the
Effective Date, any and all Shareholder Released Claims or such other Claims released
pursuant to this release that may exist as of such date but which Releasors do not know or
suspect to exist, whether through ignorance, oversight, error, negligence or through no fault
whatsoever, and which, if known, would materially affect the Governmental Entities'
decision to participate in the Agreement.
13. Nothing herein is intended to modify in any way the terms of the Agreement, to which
Governmental Entity hereby agrees. To the extent any portion of this Participation and
Release Form not relating to the release of, or bar against, liability is interpreted differently
from the Agreement in any respect, the Agreement controls.
14. Notwithstanding anything to the contrary herein or in the Agreement, (x) nothing herein
shall (A) release any Excluded Claims or (B) be construed to impair in any way the rights
and obligations of any Person under the Agreement; and (y) the Releases set forth herein
shall be subject to being deemed void to the extent set forth in Section 9.02 of the Master
Settlement Agreement.
K-3
I have all necessary power and authorization to execute this Participation and Release Form
on behalf of the Governmental Entity.
Signature:
Name: Ellen Mounts
Title: Financial Operations Manager
Date: 8/1 /2025
K-4
EXHIBIT K
Subdivision Participation and Release Form
Governmental Entity: City of Auburn
State: WA
Authorized Official: Ellen Mounts
Address 1: 25 West Main Street
Address 2:
City, State, Zip: Auburn WA 98001
Phone: 253.804.5018
Email: emounts auburnwa. ov
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 April 4th, 2025 ("Alvogen Settlement"), and acting through the
undersigned authorized official, hereby elects to participate in the Alvogen Settlement, release
all Released Claims against all Released Entities, and agrees as follows.
1. The Governmental Entity is aware of and has reviewed the Alvogen Settlement,
understands that all terms in this Participation and Release Form have the meanings defined
therein, and agrees that by executing this Participation and Release Form, the
Governmental Entity elects to participate in the Alvogen Settlement and become a
Participating Subdivision as provided therein.
2. The Governmental Entity shall promptly, and in any event no later than 14 days after the
Reference Date and prior to the filing of the Consent Judgment, dismiss with prejudice any
Released Claims that it has filed. With respect to any Released Claims pending in In re
National Prescription Opiate Litigation, MDL No. 2804, the Governmental Entity
authorizes the Plaintiffs' Executive Committee to execute and file on behalf of the
Governmental Entity a Stipulation of Dismissal with Prejudice substantially in the form
found at [website link to national settlement website to be provided].
3. The Governmental Entity agrees to the terms of the Alvogen Settlement pertaining to
Participating Subdivisions as defined therein.
4. By agreeing to the terms of the Alvogen 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.
The Governmental Entity agrees to use any monies it receives through the Alvogen
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 Alvogen Settlement.
The Governmental Entity likewise agrees to arbitrate before the National Arbitration Panel
K-1
as provided in, and for resolving disputes to the extent otherwise provided in, the Alvogen
Settlement.
7. The Governmental Entity has the right to enforce the Alvogen Settlement as provided
therein.
The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for
all purposes in the Alvogen Settlement, including without limitation all provisions of
Section XI (Release), and along with all departments, agencies, divisions, boards,
commissions, districts, instrumentalities of any kind and attorneys, and any person in his
or her official capacity whether elected or appointed to serve any of the foregoing and any
agency, person, or other entity claiming by or through any of the foregoing, and any other
entity identified in the definition of 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, fled, 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 Alvogen 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 Alvogen 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 Alvogen Settlement.
10. In connection with the releases provided for in the Alvogen 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 Alvogen
Settlement.
K-2
11. Nothing herein is intended to modify in any way the terms of the Alvogen Settlement, to
which Governmental Entity hereby agrees. To the extent this Participation and Release
Form is interpreted differently from the Alvogen Settlement in any respect, the Alvogen
Settlement controls.
I have all necessary power and authorization to execute this Participation and Release Form
on behalf of the Governmental Entity.
Signature:
Name:
CVK�
Ellen Mounts
Title: Financial Operations Manager
Date: 8/1/2025
K-3
EXHIBIT K
Subdivision Participation and Release Form
Governmental Entity: City of Auburn
State: WA
Authorized Official: Ellen Mounts
Address 1: 25 West Main Street
Address 2:
City, State, Zip: AuburnWA 98001
Phone: 253.804.5018
Email: emounts auburn a. o
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 April 4, 2025 ("Amneal Settlement"), and acting through the
undersigned authorized official, hereby elects to participate in the Amneal Settlement,
release all Released Claims against all Released Entities, and agrees as follows.
1. The Governmental Entity is aware of and has reviewed the Amneal Settlement, understands
that all terms in this Participation and Release Form have the meanings defined therein,
and agrees that by executing this Participation and Release Form, the Governmental Entity
elects to participate in the Amneal Settlement and become a Participating Subdivision as
provided therein.
2. The Governmental Entity shall promptly, and in any event no later than 14 days after the
Reference Date and prior to the filing of the Consent Judgment, dismiss with prejudice any
Released Claims that it has filed. With respect to any Released Claims pending in In re
National Prescription Opiate Litigation, MDL No. 2804, the Governmental Entity
authorizes the Plaintiffs' Executive Committee to execute and file on behalf of the
Governmental Entity a Stipulation of Dismissal with Prejudice ,substantially in the form
found at [website link to national settlement;website Wo be provided]:.
3. The Governmental Entity agrees to the terms of the Amneal Settlement pertaining to
Participating Subdivisions as defined therein.
4. By agreeing to the terms of the Amneal 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 Amneal
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 fled for purposes limited to that court's role
as provided in, and for resolving disputes to the extent provided in, the Amneal Settlement.
The Governmental Entity likewise agrees to arbitrate before the National Arbitration Panel
K-1
as provided in, and for resolving disputes to the extent otherwise provided in, the Amneal
Settlement.
7. The Governmental Entity has the right to enforce the Amneal Settlement as provided
therein.
The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for
all purposes in the Amneal Settlement, including without limitation all provisions of
Section X (Release), and along with all departments, agencies, divisions, boards,
commissions, districts, instrumentalities of any kind and attorneys, and any person in his
or her official capacity whether elected or appointed to serve any of the foregoing and any
agency, person, or other entity claiming by or through any of the foregoing, and any other
entity identified in the definition of 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 Amneal 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 Amneal 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 Amneal Settlement.
10. In connection with the releases provided for in the Amneal 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 Amneal
Settlement.
I �►J
11. Nothing herein is intended to modify in any way the terms of the Amneal Settlement, to
which Governmental Entity hereby agrees. To the extent this Participation and Release
Form is interpreted differently from the Amneal Settlement in any respect, the Amneal
Settlement controls.
I have all necessary power and authorization to execute this Participation and Release Form
on behalf of the Governmental Entity.
Signature:
Name: Ellen Mounts
Title: Financial Services Manager
Date: 8/1/2025
K-3
EXHIBIT K
Subdivision Participation and Release Form
Governmental Entity: City of Auburn
State: WA
Authorized Official: Ellen Mounts
Address 1: 25 West Main Street
Address 2:
City, State, Zip: AuburnWA 98001
Phone: 253.804.5018
Email: emounts aub rnwa. ov
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 April 4, 2025 ("Apotex Settlement"), and acting through the
undersigned authorized official, hereby elects to participate in the Apotex Settlement,
release all Released Claims against all Released Entities, and agrees as follows.
1. The Governmental Entity is aware of and has reviewed the Apotex Settlement, understands
that all terms in this Participation and Release Form have the meanings defined therein,
and agrees that by executing this Participation and Release Form, the Governmental Entity
elects to participate in the Apotex Settlement and become a Participating Subdivision as
provided therein.
2. The Governmental Entity shall promptly, and in any event no later than 14 days after the
Reference Date and prior to the filing of the Consent Judgment, dismiss with prejudice any
Released Claims that it has filed. With respect to any Released Claims pending in In re
National Prescription Opiate Litigation, MDL No. 2804, the Governmental Entity
authorizes the Plaintiffs' Executive Committee to execute. and file on behalf of the
Governmental Entity a Stipulation of Dismissal with Prejudice substantially in the form
found at [website,linkto'national settlement website to beprovided].
3. The Governmental Entity agrees to the terms of the Apotex Settlement pertaining to
Participating Subdivisions as defined therein.
4. By agreeing to the terms of the Apotex 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 Apotex
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 Apotex Settlement.
The Governmental Entity likewise agrees to arbitrate before the National Arbitration Panel
K-1
as provided in, and for resolving disputes to the extent otherwise provided in, the Apotex
Settlement.
7. The Governmental Entity has the right to enforce the Apotex Settlement as provided
therein.
8. The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for
all purposes in the Apotex Settlement, including without limitation all provisions of Section
XI (Release), and along with all departments, agencies, divisions, boards, commissions,
districts, instrumentalities of any kind and attorneys, and any person in his or her official
capacity whether elected or appointed to serve any of the foregoing and any agency, person,
or other entity claiming by or through any of the foregoing, and any other entity identified
in the definition of 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 Apotex
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 Apotex 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 Apotex Settlement.
10. In connection with the releases provided for in the Apotex 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 Apotex
Settlement.
K-2
11. Nothing herein is intended to modify in any way the terms of the Apotex Settlement, to
which Governmental Entity hereby agrees. To the extent this Participation and .Release
Form is interpreted differently from the Apotex Settlement in any respect, the Apotex
Settlement controls.
I have all necessary power and authorization to execute this Participation and Release Form
on behalf of the Governmental Entity.
Signature:
Name: Ellen Mounts
Title: Financial Services Manager
Date: 8/1/2025
K-3
EXHIBIT K
Subdivision Participation and Release Form
Governmental Entity: City of Auburn
State: WA
Authorized Official: Ellen Mounts
Address 1: 25 West Main Street
Address 2:
City, State, Zip: AuburnWA 98001
Phone: 253.804.5018
Email: emountsaaubumwa.Lyov
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 April 4, 2025 ("Hickma Settlement"), and acting through the
undersigned authorized official, hereby elects to participate in the Hickma Settlement,
release all Released Claims against all Released Entities, and agrees as follows.
1. The Governmental Entity is aware of and has reviewed the Hickma Settlement, understands
that all terms in this Participation and Release Form have the meanings defined therein,
and agrees that by executing this Participation and Release Form, the Governmental Entity
elects to participate in the Hickma Settlement and become a Participating Subdivision
as provided therein.
2. The Governmental Entity shall promptly, and in any event no later than 14 days after the
Reference Date and prior to the filing of the Consent Judgment, dismiss with prejudice any
Released Claims that it has filed. With respect to any Released Claims pending in In re
National Prescription Opiate Litigation, MDL No. 2804, the Governmental Entity
authorizes the Plaintiffs' Executive Committee to execute and file on behalf of the
Governmental Entity a Stipulation of Dismissal with Prejudice substantially in the form
found at [webshe link _to.national settlement website to be prov_ided].
3. The Governmental Entity agrees to the terms of the Hickma Settlement pertaining
to Participating Subdivisions as defined therein.
4. By agreeing to the terms of the Hickma 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 Hickma
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 Hickma Settlement.
The Governmental Entity likewise agrees to arbitrate before the National Arbitration Panel
K-1
as provided in, and for resolving disputes to the extent otherwise provided in, the Hickma
Settlement.
7. The Governmental Entity has the right to enforce the Hickma Settlement as provided
therein.
8. The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for
all purposes in the Hickma Settlement, including without limitation all provisions of Section
XI (Release), and along with all departments, agencies, divisions, boards, commissions,
districts, instrumentalities of any kind and attorneys, and any person in his or her official
capacity whether elected or appointed to serve any of the foregoing and any agency, person,
or other entity claiming by or through any of the foregoing, and any other entity identified
in the definition of 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 Hickma
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 Hickma 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 Hickma Settlement.
10. In connection with the releases provided for in the Hickma 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
Hickma Settlement.
K-2
11. Nothing herein is intended to modify in any way the terms of the Apotex Settlement, to
which Governmental Entity hereby agrees. To the extent this Participation and Release
Form is interpreted differently from the Hickma Settlement in any respect, the
Hickma Settlement controls.
I have all necessary power and authorization to execute this Participation and Release Form
on behalf of the Governmental Entity.
Signature:
Name: Ellen Mounts
Title: Financial Services Manager
Date: 8/1/2025
K-3
EXHIBIT K
Subdivision Participation and Release Form
Governmental Entity: City of Auburn
State: WA
Authorized Official: Ellen Mounts
Address 1: 25 West Main Street
Address 2:
City, State, Zip: AuburnWA 98001
Phone: 253,804,5018
Email: emountsaauburnwa.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 April 4, 2025 ("Indivior Settlement"), and acting through the
undersigned authorized official, hereby elects to participate in the Indivior Settlement,
release all Released Claims against all Released Entities, and agrees as follows.
The Governmental Entity is aware of and has reviewed the Indivior Settlement,
understands that all terms in this Participation and Release Form have the meanings defined
therein, and agrees that by executing this Participation and Release Form, the
Governmental Entity elects to participate in the Indivior Settlement and become a
Participating Subdivision as provided therein.
2. The Governmental Entity shall promptly, and in any event no later than 14 days after the
Reference Date and prior to the filing of the Consent Judgment, dismiss with prejudice any
Released Claims that it has filed. With respect to any Released Claims pending in In re
National Prescription Opiate Litigation, MDL No. 2804, the Governmental Entity
authorizes the Plaintiffs' Executive Committee to execute and file on behalf of the
Governmental Entity a Stipulation of Dismissal with Prejudice substantially in the form
found at [website link to national settlement website to be provided by the States].
3. The Governmental Entity agrees to the terms of the Indivior Settlement pertaining to
Participating Subdivisions as defined therein.
4. By agreeing to the terms of the Indivior 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 Indivior
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 Indivior Settlement.
The Governmental Entity likewise agrees to arbitrate before the National Arbitration Panel
K-1
as provided in, and for resolving disputes to the extent otherwise provided in, the Indivior
Settlement.
7. The Governmental Entity has the right to enforce the Indivior Settlement as provided
therein.
8. The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for
all purposes in the Indivior Settlement, including without limitation all provisions of
Section X (Release), and along with all departments, agencies, divisions, boards,
commissions, districts, instrumentalities of any kind and attorneys, and any person in his
or her official capacity whether elected or appointed to serve any of the foregoing and any
agency, person, or other entity claiming by or through any of the foregoing, and any other
entity identified in the definition of 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 Indivior 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 Indivior 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 Indivior Settlement.
10. In connection with the releases provided for in the Indivior 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 Indivior
Settlement.
K-2
11. Nothing herein is intended to modify in any way the terms of the Indivior Settlement, to
which Governmental Entity hereby agrees. To the extent this Participation and Release
Form is interpreted differently from the Indivior Settlement in any respect, the Indivior
Settlement controls.
I have all necessary power and authorization to execute this Participation and Release Form
on behalf of the Governmental Entity.
r
Signature:
Name: Ellen Mounts
Title: Financial Services Manager
Date:
8/1/2025
K-3
EXHIBIT K
Subdivision Participation and Release Form
Governmental Entity: City of Auburn
State: WA
Authorized Official: Ellen Mounts
Address 1: 25 West Main Street
Address 2:
City, State, Zip: Auburn WA 98001
Phone: 2-53,9015018
Email: em nts aub rn a. ov
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 April 4, 2025 ("Mylan Settlement"), and acting through the undersigned
authorized official, hereby elects to participate in the Mylan Settlement, release all Released
Claims against all Released Entities, and agrees as follows.
1. The Governmental Entity is aware of and has reviewed the Mylan Settlement, understands
that all terms in this Participation and Release Form have the meanings defined therein,
and agrees that by executing this Participation and Release Form, the Governmental Entity
elects to participate in the Mylan Settlement and become a Participating Subdivision as
provided therein.
2. The Governmental Entity shall promptly, and in any event no later than 14 days after the
Reference Date and prior to the filing of the Consent Judgment, dismiss with prejudice any
Released Claims that it has filed. With respect to any Released Claims pending in In re
National Prescription Opiate Litigation, MDL No. 2804, the Governmental Entity
authorizes the Plaintiffs' Executive Committee to execute and file on behalf of the
Governmental Entity a Stipulation of Dismissal with Prejudice substantially in the form
found at [website, link to national settlement website to be provided].
3. The Governmental Entity agrees to the terms of the Mylan Settlement pertaining to
Participating Subdivisions as defined therein.
4. By agreeing to the terms of the Mylan 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.
The Governmental Entity agrees to use any monies it receives through the Mylan
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 Mylan Settlement.
The Governmental Entity likewise agrees to arbitrate before the National Arbitration Panel
K-1
as provided in, and for resolving disputes to the extent otherwise provided in, the Mylan
Settlement.
7. The Governmental Entity has the right to enforce the Mylan Settlement as provided therein.
The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for
all purposes in the Mylan Settlement, including without limitation all provisions of Section
X (Release), and along with all departments, agencies, divisions, boards, commissions,
districts, instrumentalities of any kind and attorneys, and any person in his or her official
capacity whether elected or appointed to serve any of the foregoing and any agency, person,
or other entity claiming by or through any of the foregoing, and any other entity identified
in the definition of 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 Mylan
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 Mylan Settlement shall be a complete bar to any Released Claim.
The Governmental Entity hereby takes on all rights and obligations of a Participating
Subdivision as set forth in the Mylan Settlement.
10. In connection with the releases provided for in the Mylan 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 Mylan
Settlement.
K-2
11. Nothing herein is intended to modify in any way the terms of the Mylan Settlement, to
which Governmental Entity hereby agrees. To the extent this Participation and Release
Form is interpreted differently from the Mylan Settlement in any respect, the Mylan
Settlement controls.
I have all necessary power and authorization to execute this Participation and Release Form
on behalf of the Governmental Entity.
Signature:
Name: Ellen Mounts
Title: Financial Services Manager
Date:
8/1/25
K-3
EXHIBIT K
Subdivision Participation and Release Form
Governmental Entity: City of Auburn
State: WA
Authorized Official: Ellen Mounts
Address 1: 25 West Main Street
Address 2:
City, State, Zip: AuburnWA 98001
Phone: 253.804.5018
Email: emounts auburn a. ov
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 April 4, 2025 ("Sun Settlement"), and acting through the undersigned
authorized official, hereby elects to participate in the Sun Settlement, release all Released
Claims against all Released Entities, and agrees as follows.
1. The Governmental Entity is aware of and has reviewed the Sun Settlement, understands
that all terms in this Participation and Release Form have the meanings defined therein,
and agrees that by executing this Participation and Release Form, the Governmental Entity
elects to participate in the Sun Settlement and become a Participating Subdivision as
provided therein.
2. The Governmental Entity shall promptly, and in any event no later than 14 days after the
Reference Date and prior to the filing of the Consent Judgment, dismiss with prejudice any
Released Claims that it has filed. With respect to any Released Claims pending in In re
National Prescription Opiate Litigation, MDL No. 2804, the Governmental Entity
authorizes the Plaintiffs' Executive Committee to execute and file on behalf of the
Governmental Entity a Stipulation of Dismissal with Prejudice substantially in the form
found at [website link to national settlement website to be provided].
The Governmental Entity agrees to the terms of the Sun Settlement pertaining to
Participating Subdivisions as defined therein.
4: By agreeing to the terms of the Sun 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 Sun 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 Sun Settlement.
The Governmental Entity likewise agrees to arbitrate before the National Arbitration Panel
K-1
as provided in, and for resolving disputes to the extent otherwise provided in, the Sun
Settlement.
7. The Governmental Entity has the right to enforce the Sun Settlement as provided therein.
8. The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for
all purposes in the Sun Settlement, including without limitation all provisions of Section X
(Release), and along with all departments, agencies, divisions, boards, commissions,
districts, instrumentalities of any kind and attorneys, and any person in his or her official
capacity whether elected or appointed to serve any of the foregoing and any agency, person,
or other entity claiming by or through any of the foregoing, and any other entity identified
in the definition of 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 Sun 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 Sun 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 Sun Settlement.
10. In connection with the releases provided for in the Sun 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 Sun Settlement.
K-2
11. Nothing herein is intended to modify in any way the terms of the Sun Settlement, to which
Governmental Entity hereby agrees. To the extent this Participation and Release Form is
interpreted differently from the Sun Settlement in any respect; the Sun Settlement controls.
I have all necessary power and authorization to execute this Participation and Release Form
on behalf of the Governmental Entity.
Signature:
Name: Ellen Mounts
Title: Financial Services Manager
8/1/2025
Date:
K-3
EXHIBIT K
Subdivision Participation and Release Form
Governmental Entity: City of Auburn
State: WA
Authorized Official: Ellen Mounts
Address 1: 25 West Main Street
Address 2:
City, State, Zip: AuburnWA 98001
Phone: 253.804.5018
Email: emountskauburnwa.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 [date] ("Zydus Settlement"), and acting through the undersigned
authorized official, hereby elects to participate in the Zydus Settlement, release all Released
Claims against all Released Entities, and agrees as follows.
1. The Governmental Entity is aware of and has reviewed the Zydus Settlement, understands
that all terms in this Participation and Release Form have the meanings defined therein,
and agrees that by executing this Participation and Release Form, the Governmental Entity
elects to participate in the Zydus Settlement and become a Participating Subdivision as
provided therein.
2. The Governmental Entity shall promptly, and in any event no later than 14 days after the
Reference Date and prior to the filing of the Consent Judgment, dismiss with prejudice any
Released Claims that it has filed. With respect to any Released Claims pending in In re
National Prescription Opiate Litigation, MDL No. 2804, the Governmental Entity
authorizes the Plaintiffs' Executive Committee to execute and file on behalf of the
Governmental Entity a Stipulation of Dismissal with Prejudice substantially in the form
found at [website link to'national settlementwebsite to be provided].
3. The Governmental Entity agrees to the terms of the Zydus Settlement pertaining to
Participating Subdivisions as defined therein.
4. By agreeing tp the terms of the Zydus 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 Zydus
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 Zydus Settlement.
The Governmental Entity likewise agrees to arbitrate before the National Arbitration Panel
K-1
as provided in, and for resolving disputes to the extent otherwise provided in, the Zydus
Settlement.
7. The Governmental Entity has the right to enforce the Zydus Settlement as provided therein.
8. The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for
all purposes in the Zydus Settlement, including without limitation all provisions of Section
X (Release), and along with all departments, agencies, divisions, boards, commissions,
districts, instrumentalities of any kind and attorneys, and any person in his or her official
capacity whether elected or appointed to serve any of the foregoing and any agency, person,
or other entity claiming by or through any of the foregoing, and any other entity identified
in the definition of 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 Zydus
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 Zydus 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 Zydus Settlement.
10. In connection with the releases provided for in the Zydus 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 Zydus
Settlement.
K-2
11. Nothing herein is intended to modify in any way the terms of the Zydus Settlement, to
which Governmental Entity hereby agrees. To the extent this Participation and Release
Form is interpreted differently from the Zydus Settlement in any respect, the Zydus
Settlement controls.
I have all necessary power and authorization to execute this Participation and Release Form
on behalf of the Governmental Entity.
Signature:
Name: Ellen Mounts
Title: Financial Services Manager
Date: 8/ 1 /2025
K-3
WASHINGTON STATE ALLOCATION AGREEMENT GOVERNING THE
ALLOCATION OF FUNDS PAID BY THE PURDUE BANKRUPTCY, SACKLERS,
AND CERTAIN OPIOID MANUFACTURERS
JULY 24, 2025
This Washington State Allocation Agreement Governing the Allocation of Funds Paid by
the Purdue Bankruptcy, Sacklers, and Certain Opioid Manufacturers (the "Allocation Agreement
IV") governs the distribution of funds obtained from (1) the Purdue Bankruptcy and Sackler
Direct Claims Settlement, (2) the Alvogen Settlement, (3) the Amneal Settlement, (4) the Apotex
Settlement, (5) the Hikma Settlement, (6) the Indivior Settlement, (7) the Mylan Settlement, (8)
the Sun Settlement, and (9) the Zydus Settlement in connection with the resolution of any and all
claims by the State of Washington and the eligible counties, cities, and towns in Washington
State ("Local Governments") against the Settling Entities defined in the respective Settlement
Agreements via the following settlements and bankruptcy plan of reorganization:
(1) The 13th Amended Joint Chapter 11 Plan of Reorganization of Purdue Pharma
L.P. and its Affiliated Debtors (the "Purdue Plan") , including and amendments
thereto and all "Plan Documents" as defined therein, if the "Effective Date" as
defined therein has occurred; (2) the Master Settlement Agreement By and
Among the Master Disbursement Trust, Each of the Parties Listed On Exhibit A
Hereto, Each of the Parties Listed on Exhibit B Hereto, the Sackler Parties'
Representative and PR L.P. and any subsequent amendments, and (3)
Government Entity & Shareholder Direct Settlement Agreement and any
subsequent amendments (collectively, the "Purdue Bankruptcy and Sackler Direct
Claims Settlement").
• Alvogen Settlement Agreement dated April 4, 2025 and any subsequent
amendments ("Alvogen Settlement").
• Amneal Settlement Agreement dated April 4, 2025 and any subsequent
amendments ("Amneal Settlement").
• Apotex Settlement Agreement dated April 4, 2025 and any subsequent
amendments ("Apotex Settlement").
• Hikma Settlement Agreement dated April 4, 2025 and any subsequent
amendments ("Hikma Settlement").
• Indivior Settlement Agreement dated April 4, 2025 and any subsequent
amendments ("Indivior Settlement").
• Mylan Settlement Agreement dated April 4, 2025 and any subsequent
amendments ("Mylan Settlement").
• Sun Settlement Agreement dated April 4, 2025 and any subsequent amendments
("Sun Settlement")
• Zydus Settlement Agreement dated April 4, 2025 and any subsequent
amendments ("Zydus Settlement")
Collectively, the Purdue Bankruptcy and Sackler Settlement, Alvogen Settlement, Amneal
Settlement, Apotex Settlement, Hikma Settlement, Indivior Settlement, Mylan Settlement, Sun
Settlement, and the Zydus Settlement shall be referred to as "the Settlements". The Settlements
can be accessed at https:Hnationalopioidsettlement.com/ and the Purdue Plan can be accessed at
https :Hrestructuri n g. ra. kro l 1. com/purdu epharm a/Hom e-
Docketlnfo?DocAttribute=4218&DocAttrName=PlanDisclosureStatement&MenulD=9013 &Att
ributeName=Plan%20%26%20Disclosure%20Statement.The terms and definitions of each of the
respective Settlements are incorporated into this Allocation Agreement IV, and any undefined
terms in this Allocation Agreement IV are as defined in the Settlements.
This Allocation Agreement IV is intended to be a State -Subdivision Agreement as
defined in the Settlements. This Allocation Agreement IV shall be interpreted to
be consistent with the requirements of a State -Subdivision Agreement in the
Settlements.
2. This Allocation Agreement IV shall become effective with respect to a Settlement
only if all of the following occur:
A. The State of Washington joins such Settlement and becomes a Settling
State as provided for in the respective Settlement and, with respect to the
Purdue Bankruptcy and Sackler Settlement the State of Washington votes
in favor of the Purdue Plan or does not vote against the Purdue Plan, and
does not object to the confirmation of the Purdue Plan.
B. Such Settlement becomes final and effective and a Consent Judgment that
applies to Washington is filed and approved as provided for in the
respective Settlement. For the Purdue Bankruptcy, the "Effective Date" as
defined in the Purdue Plan has occurred.
C. The number of Local Governments that execute and return this Allocation
Agreement IV satisfies the participation requirements for a State -
Subdivision Agreement as specified in such Settlement.
3. Requirements to become a Participating Local Government. To become a
Participating Local Government that can participate in this Allocation Agreement
IV with respect to any one of the Settlements, a Local Government must do all of
the following:
A. The Local Government must execute and return this Allocation
Agreement IV.
B. The Local Government must do the following:
Release its claims against the Settling Entities identified in the
respective Settlements and agree to be bound by the terms of the
2
Settlements by timely executing and returning the Participation
Form for that Settlement and any other necessary documents.
ii. Additionally, for the Purdue Bankruptcy and Sackler Direct Claims
Settlement, either (1) vote in favor of or (2) abstain from voting on
the Chapter 11 Plan of Reorganization of Purdue Pharma L.P. and
its Affiliated Debtors, and (3) not object to the confirmation of the
Purdue Plan.
C. Litigating Subdivisions, also referred to as Litigating Local Governments,
must dismiss the Settling Entities identified in the respective Settlement
with prejudice from their lawsuits.
D. Each Local Government that is eligible to participate in this Allocation
Agreement IV has previously executed and signed the One Washington
Memorandum of Understanding Between Washington Municipalities
("MOU") agreed to by the Participating Local Governments in
Washington State, which is attached hereto as Exhibit 1. By executing
this Allocation Agreement IV, the Local Government agrees and affirms
that the MOU applies to and shall govern the LG Share, as defined below,
as modified by this Allocation Agreement IV for each of the Settlements
in which the Local Government participates.
A Local Government that meets all of the conditions in this paragraph for any of
the Settlements shall be deemed a "Participating Local Government" for that
Settlement. A Local Government can be a "Participating Local Government" for
less than all of the Settlements. If a Local Government is a Participating Local
Government for less than all of the Settlements, the Local Government can only
receive a portion of the Washington Abatement Amount for the specific
Settlement(s) for which it is a Participating Local Government.
4. The allocations set forth in this Allocation Agreement IV apply to the following,
all of which collectively shall be referred to as the "Washington Abatement
Amount":
A. For the Purdue Bankruptcy and Sackler Settlement, all amounts
(collectively, "Washington Distributions") that are apportioned to
Washington as Estate Distributions or from the Shareholder Direct
Settlement Portion, including, without limitation, those to Washington's
State Fund, Remediation Accounts Fund, Subdivision Fund, Direct
Payment, Earned Direct Payment, and Estate Distributions for Washington
and all Participating Local Governments for the Purdue Bankruptcy and
Sackler Settlement, provided, however, that for the purposes of the
allocations set forth in this Allocation Agreement IV, Washington
Distributions shall not include State's Fees and Costs (as defined below).
This Allocation Agreement IV shall be considered a State -Subdivision
Agreement under the Government Entity & Shareholder Direct Settlement
Agreement.
B. For the Alvogen Settlement, the State of Washington's (1) Statewide
Payment Amount and (2) Additional Remediation Amount.
C. For the Amneal Settlement, the State of Washington's (1) State Allocation
and (2) Additional Remediation Amount.
D. For the Apotex Settlement, the State of Washington's (1) Statewide
Payment Amount and (2) Additional Remediation Amount.
E. For the Hikma Settlement, the State of Washington's (1) Statewide
Payment Amount and (2) Additional Remediation Amount.
F. For the Indivior Settlement, the State of Washington's (1) Statewide
Payment Amount and (2) Additional Remediation Amount.
G. For the Mylan Settlement, the State of Washington's (1) Statewide
Payment Amount and (2) Additional Remediation Amount.
H. For the Sun Settlement, the State of Washington's (1) Statewide Payment
Amount and (2) Additional Remediation Amount.
I. For the Zydus Settlement, the State of Washington's (1) Statewide
Payment Amount and (2) Additional Remediation Amount.
As specified in each of the Settlements, the Washington Abatement Amount will
vary depending on the percentage of Participating Local Governments and
whether there are any Later Litigating Subdivisions.
5. The (1) Amneal Settlement, (2) Hikma Settlement, and (3) Indivior Settlement
each provide the option for Settling States to obtain Settlement Product or the
discretion to convert any portion of the Settlement Product allocated to the
Settling State into a cash value as specified in those Settlements of the Settling
State's allocated Settlement Product in specified years. It shall be solely the
decision of the State regarding whether to convert any portion of the Settlement
Product allocated to Washington into a cash value or to obtain the Settlement
Product for each of those Settlements. If the State elects to obtain Settlement
Product for a particular Settlement, the State in its sole discretion shall make all
decisions related to the Settlement Product, including but not limited to where,
how, and to whom it shall be distributed. For purposes of calculating the division
of the Washington Abatement Amount in Paragraph 10 of this Allocation
Agreement IV, the Settlement Product allocated to Washington shall be
considered "State Share" and shall have the cash conversion value assigned to it
in the respective Settlement Agreements, i.e., the "Settlement Product Cash
Conversion Amount" or the "Cash Conversion Amount" identified in those
settlements.
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6. The allocations set forth in this Allocation Agreement IV do not apply to (i) the
State Cost Fund, State AG Fees and Costs, State Expense Fund, State AG Fees,
State Direct Expenses, or any attorneys' fees, fees, costs, or expenses referred to
in the Settlement or via Fee Petitions or that are paid directly or indirectly via the
Settlements or court order to the State of Washington and/or its outside counsels
("State's Fees and Costs") or to (ii) any payments made to Participating
Subdivisions pursuant to section 5.9 of the Purdue Plan, which provides for a
Local Government Fee Fund.
7. This Allocation Agreement IV and the MOU are a State Back -Stop Agreement.
The Settling Entities are paying a portion of the Local Governments' attorneys'
fees and costs as provided for in the Settlements. The total contingent fees an
attorney receives from the Contingency Fee Fund in the Settlements, the MOU,
and this Allocation Agreement IV combined cannot exceed 15% of the portion of
the LG Share paid to the Litigating Local Government that retained that firm to
litigate against the Settling Entities (i.e., if City X filed suit with outside counsel
on a contingency fee contract and City X receives $1,000,000 from the Walmart
Settlement, then the maximum that the firm can receive is $150,000 for fees as to
the Walmart Settlement; if City X did not retain the same firm for potential
litigation against CVS and City X receives $1,000,000 from the CVS Settlement,
then the firm receives no fees from the CVS Settlement.)
8. No portion of the State's Fees and Costs and/or the State Share as defined in
Paragraphs 6 and 10 of this Allocation Agreement IV shall be used to fund the
Government Fee Fund ("GFF") referred to in Paragraph 12 of this Allocation
Agreement IV and Section D of the MOU, or in any other way to fund any
Participating Local Government's attorneys' fees, costs, or common benefit tax.
9. The Washington Abatement Amount shall and must be used by the State and
Participating Local Governments for future Opioid Remediation as defined in the
Settlements, except as allowed by the Settlements.
10. The State and the Participating Local Governments agree to divide the
Washington Abatement Amount as follows:
A. Fifty percent (50%) to the State of Washington ("State Share").
B. Fifty percent (50%) to the Participating Local Governments ("LG Share").
11. The LG Share shall be distributed to Participating Local Governments pursuant to
the MOU attached hereto as Exhibit 1 as amended and modified in this Allocation
Agreement IV.
12. For purposes of this Allocation Agreement IV only, the MOU is modified as
follows and any contrary provisions in the MOU are struck:
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A. Exhibit A of the MOU is replaced by the Exhibit specifying the List of
Opioid Remediation Uses for each of the respective Settlements, which
generally can be found at Exhibit E of the respective Settlements.
B. The definition of "Litigating Local Governments" in Section A.4 of the
MOU shall mean Litigating Subdivisions as defined in each the respective
Settlements and shall also include any local government that notified
Judge Polster in Case No. 1:17-and-02804-DAP of its intent to sue any of
the settling entities that are covered by this Allocation Agreement.
C. The definition of "National Settlement Agreement" in Section A.6 of the
MOU shall mean the Settlements.
D. The definition of "Settlement" in Section A.14 of the MOU shall mean the
Settlements and expressly includes the Chapter 11 Plan of Reorganization
of Purdue Pharma L.P. and its Affiliated Debtors.
E. The MOU is amended to add new Section C.4.g.vIV, which provides as
follows:
"If a Participating Local Government receiving a direct payment
(a) uses Opioid Funds other than as provided for in the respective
Settlements, (b) does not comply with conditions for receiving
direct payments under the MOU, or (c) does not promptly submit
necessary reporting and compliance information to its Regional
Opioid Abatement Counsel ("Regional OAC") as defined at
Section CA.h of the MOU, then the Regional OAC may suspend
direct payments to the Participating Local Government after
notice, an opportunity to cure, and sufficient due process. If direct
payments to Participating Local Government are suspended, the
payments shall be treated as if the Participating Local Government
is foregoing their allocation of Opioid Funds pursuant to Section
C.4.d and C.4 j.IVi of the MOU. In the event of a suspension, the
Regional OAC shall give prompt notice to the suspended
Participating Local Government and the Settlement Fund
Administrator specifying the reasons for the suspension, the
process for reinstatement, the factors that will be considered for
reinstatement, and the due process that will be provided. A
suspended Participating Local Government may apply to the
Regional OAC to be reinstated for direct payments no earlier than
five years after the date of suspension."
F. The amounts payable to each law firm representing a Litigating Local
Government from the GFF shall be consistent with the MOU and the
process set forth in the Order Appointing the Fee Panel to Allocate and
Disburse Attorney's Fees Provided for in State Back -Stop Agreements,
Case No. 1:17-and-02804-DAP Doc #: 4543 (June 17, 2022).
Cel
G. The GFF set forth in the MOU shall be funded by the LG Share of the
Washington Abatement Amount only. To the extent the common benefit
tax is not already payable by the Settling Entities as contemplated by
Section D.8 of the MOU, the GFF shall be used to pay Litigating Local
Government contingency fee agreements and any common benefit tax
referred to in Section D of the MOU, which shall be paid on a pro rata
basis to eligible law firms as determined by the Settlement Administrator.
H. To fund the GFF, fifteen percent (15%) of the LG Share shall be deposited
in the GFF from each LG Share settlement payment until the Litigating
Subdivisions' contingency fee agreements and common benefit tax (if
any) referred to in Section D of the MOU are satisfied. Under no
circumstances will any Primary Subdivision or Litigating Local
Government be required to contribute to the GFF more than 15% of the
portion of the LG Share allocated to such Primary Subdivision or
Litigating Local Government. In addition, under no circumstances will
any portion of the LG Share allocated to a Litigating Local Government be
used to pay the contingency fees or litigation expenses of counsel for some
other Litigating Local Government.
I. The maximum amount of any Litigating Local Government contingency
fee agreement (from the Contingency Fee Fund of the respective
Settlements) payable to a law firm permitted for compensation shall be
fifteen percent (15%) of the portion of the LG Share paid to the Litigating
Local Government that retained that firm (i.e., if City X filed suit with
outside counsel on a contingency fee contract and City X receives
$1,000,000 from a Settlement, then the maximum that the firm can receive
is $150,000 for fees.) The firms also shall be paid documented expenses
due under their contingency fee agreements that have been paid by the law
firm attributable to that Litigating Local Government. Consistent with
Agreement on Attorneys' Fees, Costs, and Expenses, which is Exhibit R
of the Settlements, as well as the Purdue Plan, amounts due to
Participating Litigating Subdivisions' attorneys under this Allocation
Agreement IV shall not impact (i) costs paid by the subdivisions to their
attorneys pursuant to a State Back -Stop agreement, (ii) fees paid to
subdivision attorneys from the Common Benefit Fund for common benefit
work performed by the attorneys pursuant to Exhibit R of the Settlements,
or (iii) costs paid to subdivision attorneys from the MDL Expense Fund
for expenses incurred by the attorneys pursuant to the Settlements.
Under no circumstances may counsel receive more for its work on behalf
of a Litigating Local Government than it would under its contingency
agreement with that Litigating Local Government. To the extent a law
firm was retained by a Litigating Local Government on a contingency fee
agreement that provides for compensation at a rate that is less than fifteen
percent (15%) of that Litigating Local Government's recovery, the
maximum amount payable to that law firm referred to in Section D.3 of
7
the MOU shall be the percentage set forth in that contingency fee
agreement.
K. For the avoidance of doubt, both payment's from the GFF and the payment
to the Participating Litigating Local Governments' attorneys from the
Contingency Fee Fund in the respective Settlements as well as any
payments made to Participating Subdivisions pursuant to section 5.9 of the
Purdue Plan shall be included when calculating whether the
aforementioned fifteen percent (15%) maximum percentage (or less if the
provisions of Paragraph 10.J of this Allocation Agreement IV apply) of
any Litigating Local Government contingency fee agreement referred to
above has been met.
L. To the extent there are any excess funds in the GFF, the Settlement
Administrator shall facilitate the return of those funds to the Participating
Local Governments as provided for in Section D.6 of the MOU.
13. In connection with the execution and administration of this Allocation Agreement
IV, the State and the Participating Local Governments agree to abide by the
Public Records Act, RCW 42.56 et seq.
14. All Participating Local Governments, Regional OACs, and the State shall
maintain all non -transitory records related to this Allocation Agreement IV as
well as the receipt and expenditure of the funds from the Settlements for no less
than five (5) years.
15. If any party to this Allocation Agreement IV believes that a Participating Local
Government, Regional OAC, the State, an entity, or individual involved in the
receipt, distribution, or administration of the funds from the Settlements has
violated any applicable ethics codes or rules, a complaint shall be lodged with the
appropriate forum for handling such matters, with a copy of the complaint
promptly sent to the Washington Attorney General, Complex Litigation Division,
Division Chief, 800 Fifth Avenue, Suite 2000, Seattle, Washington 98104.
16. To the extent (i) a region utilizes a pre-existing regional body to establish its
Opioid Abatement Council pursuant to the Section 4.h of the MOU, and (ii) that
pre-existing regional body is subject to the requirements of the Community
Behavioral Health Services Act, RCW 71.24 et seq., the State and the
Participating Local Governments agree that the Opioid Funds paid by the Settling
Entities are subject to the requirements of the MOU and this Allocation
Agreement IV.
17. Upon request by any of the Settling Entities, the Participating Local Governments
must comply with the Tax Cooperation and Reporting provisions of the respective
Settlement.
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18. Venue for any legal action related to this Allocation Agreement IV (separate and
apart from the MOU or the Settlements) shall be in King County, Washington.
Washington law shall govern any dispute.
19. Each party represents that all procedures necessary to authorize such party's
execution of this Allocation Agreement IV have been performed and that such
person signing for such party has been authorized to execute this Allocation
Agreement IV.
FOR THE STATE OF WASMNGTON:
NICHOLAS W. BROWN
Attorney General
_
Date: . /- _ cam' `7 � U� 5
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FOR THE PARTICIPATING LOCAL GOVERNMENT:
Name of Participating Local Government: City of Auburn, Washington
Authorized signature:
Name: Ellen Mounts
Title: Financial Operations Manager
8/l/2025
Date:
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EXHIBIT I
One Washington Memorandum of Understanding Between Washington Municipalities
12
ONE WASHINGTON MEMORANDUM OF UNDERSTANDING BETWEEN
WASHINGTON MUNICIPALITIES
Whereas, the people of the State of Washington and its communities have been harmed by
entities within the Pharmaceutical Supply Chain who manufacture, distribute, and dispense
prescription opioids;
Whereas, certain Local Governments, through their elected representatives and counsel,
are engaged in litigation seeking to hold these entities within the Pharmaceutical Supply Chain of
prescription opioids accountable for the damage they have caused to the Local Governments;
Whereas, Local Governments and elected officials share a common desire to abate and
alleviate the impacts of harms caused by these entities within the Pharmaceutical Supply Chain
throughout the State of Washington, and strive to ensure that principals of equity and equitable
service delivery are factors considered in the allocation and use of Opioid Funds; and
Whereas, certain Local Governments engaged in litigation and the other cities and counties
in Washington desire to agree on a form of allocation for Opioid Funds they receive from entities
within the Pharmaceutical Supply Chain.
Now therefore, the Local Governments enter into this Memorandum. of Understanding
("MOU") relating to the allocation and use of the proceeds of Settlements described.
A. Definitions
As used in this MOU:
1. "Allocation Regions" are the same geographic areas as the existing
nine (9) Washington State Accountable Community of Health (ACH) Regions
and have the purpose described in Section C below.
2. "Approved Purpose(s)" shall mean the strategies specified and set
forth in the Opioid Abatement Strategies attached as Exhibit A.
3. "Effective Date" shall. mean the date on which a court of
competent jurisdiction enters the first Settlement by order or consent decree. The
Parties anticipate that more than one Settlement will be administered according to
the terms of this MOU, but that the first entered Settlement will trigger allocation
of Opioid Funds in accordance with Section B herein, and the formation of the
Opioid Abatement Councils in Section C.
4. "Litigating Local Government(s)" shall mean Local Governments
that filed suit against any Pharmaceutical Supply Chain Participant pertaining to
the Opioid epidemic prior to September 1, 2020.
5. "Local Government(s)" shall mean all counties, cities, and towns
within the geographic boundaries of the State of Washington.
6. "National Settlement Agreements" means the national opioid
settlement agreements dated July 21, 2021 involving Johnson & Johnson, and
distributors AmerisourceBergen, Cardinal Health and McKesson as well as their
subsidiaries, affiliates, officers, and directors named in the National Settlement
Agreements, including all amendments thereto.
7. "Opioid Funds" shall mean monetary amounts obtained through a
Settlement as defined in this MOU.
8. "Opioid Abatement Council" shall have the meaning described in
Section C below.
9. "Participating Local Government(s)" shall mean all counties,
cities, and towns within the geographic boundaries of the State that have chosen
to sign on to this MOU. The Participating Local Governments may be referred to
separately in this MOU as "Participating Counties" and "Participating Cities and
Towns" (or "Participating Cities or Towns," as appropriate) or "Parties."
10. "Pharmaceutical Supply Chain" shall mean the process and
channels through which controlled substances are manufactured, marketed,
promoted, distributed, and/or dispensed, including prescription opioids.
11. "Pharmaceutical Supply Chain Participant" shall mean any entity
that engages in or has engaged in the manufacture, marketing, promotion,
distribution, and/or dispensing of a prescription opioid, including any entity that
has assisted in any of the above.
12. "Qualified Settlement Fund Account," or "QSF Account," shall
mean an account set up as a qualified settlement fund, 468b fund, as authorized by
Treasury Regulations 1.468B-1(c) (26 CFR §1.468B-1).
13. "Regional Agreements" shall mean the understanding reached by
the Participating Local Counties and Cities within an Allocation Region
governing the allocation, management, distribution of Opioid Funds within that
Allocation Region.
14. "Settlement" shall mean the future negotiated resolution of legal or
equitable claims against a Pharmaceutical Supply Chain Participant when that
resolution has been jointly entered into by the Participating Local
Governments. "Settlement" expressly does not include a plan of reorganization
confirmed under Title 11of the United States Code, irrespective of the extent to
which Participating Local Governments vote in favor of or otherwise support such
plan of reorganization.
15. "Trustee" shall mean an independent trustee who shall be
responsible for the ministerial task of releasing Opioid Funds from a QSF account
to Participating Local Governments as authorized herein and accounting for all'
payments into or out of the trust.
16. The "Washington State Accountable Communities of Health" or
"ACH" shall mean the nine (9) regions described in Section C below.
B. Allocation of Settlement Proceeds for Approved Purposes
1. All Opioid Funds shall be held in a QSF and distributed by the
Trustee, for the benefit of the Participating Local Governments, only in a manner
consistent with this MOU. Distribution of Opioid Funds will be subject to the
mechanisms for auditing and reporting set forth below to provide public
accountability and transparency.
2. All Opioid Funds, regardless of allocation, shall be utilized
pursuant to Approved Purposes as defined herein and set forth in Exhibit A.
Compliance with this requirement shall be verified through reporting, as set out in
this MOU.
3. The division of Opioid Funds shall first be allocated to
Participating Counties based on the methodology utilized for the Negotiation
Class in In Re: National Prescription Opiate Litigation, United States District
Court for the Northern District of Ohio, Case No. 1:17-and-02804-DAP. The
allocation model uses three equally weighted factors: (1) the amount of opioids
shipped to the county; (2) the number of opioid deaths that occurred in that
county; and (3) the number of people who suffer opioid use disorder in that
county. The allocation percentages that result from application of this
methodology are set forth in the "County Total" line item in Exhibit B. In the
event any county does not participate in this MOU, that county's percentage share
shall be reallocated proportionally amongst the Participating Counties by applying
this same methodology to only the Participating Counties.
4. Allocation and distribution of Opioid Funds within each
Participating County will be based on regional agreements as described in
Section C.
C. Regional Agreements
1. For the purpose of this MOU, the regional structure for decision -
making related to opioid fund allocation will be based upon the nine (9) pre-
defined Washington State Accountable Community of Health Regions (Allocation
Regions). Reference to these pre -defined regions is solely for the purpose of
3
drawing geographic boundaries to facilitate regional agreements for use of Opioid
Funds. The Allocation Regions are as follows:
• King County (Single County Region)
• Pierce County (Single County Region)
• Olympic Community of Health Region (Clallam, Jefferson, and Kitsap
Counties)
• Cascade Pacific Action Alliance Region (Cowlitz, Grays Harbor, Lewis,
Mason, Pacific, Thurston, and Wahkiakum Counties)
• North Sound Region (Island, San Juan, Skagit, Snohomish, and Whatcom
Counties)
• SouthWest Region (Clark, Klickitat, and Skamania Counties)
• Greater Columbia Region (Asotin, Benton, Columbia, Franklin, Garfield,
Kittitas, Walla Walla, Whitman, and Yakima Counties)
• Spokane Region (Adams, Ferry, Lincoln, Pend Oreille, Spokane, and
Stevens Counties)
• North Central Region (Chelan, Douglas, Grant, and Okanogan Counties)
2. Opioid Funds will be allocated, distributed and managed within
each Allocation Region, as determined by its Regional Agreement as set forth
below. If an Allocation Region does not have a Regional Agreement enumerated
in this MOU, and does not subsequently adopt a Regional Agreement per Section
C.5, the default mechanism for allocation, distribution and management of Opioid
Funds described in Section CA.a will apply. Each Allocation Region must have
an OAC whose composition and responsibilities shall be defined by Regional
Agreement or as set forth in Section CA.
3. King County's Regional Agreement is reflected in Exhibit C to this
MOU.
4. All other Allocation Regions that have not specified a Regional
Agreement for allocating, distributing and managing Opioid Funds, will apply
the following default methodology:
a. Opioid Funds shall be allocated within each Allocation Region by
taking the allocation for a Participating County from Exhibit B and
apportioning those funds between that Participating County and its
Participating Cities and Towns. Exhibit B also sets forth the allocation to
the Participating Counties and the Participating Cities or Towns within the
Counties based on a default allocation formula. As set forth above in
Section B.3, to determine the allocation to a county, this formula utilizes:
(1) the amount of opioids shipped to the county; (2) the number of opioid
deaths that occurred in that county; and (3) the number of people who
suffer opioid use disorder in that county. To determine the allocation
within a county, the formula utilizes historical federal data showing how
the specific Counties and the Cities and Towns within the Counties have
4
made opioids epidemic -related expenditures in the past. This is the same
methodology used in the National Settlement Agreements for county and
intra-county allocations. A Participating County, and the Cities and Towns
within it may enter into a separate intra-county allocation agreement to
modify how the Opioid Funds are allocated amongst themselves, provided
the modification is in writing and agreed to by all Participating Local
Governments in the County. Such an agreement shall not modify any of
the other terms or requirements of this MOU.
b. 10% of the Opioid Funds received by the Region will be reserved,
on an annual basis, for administrative costs related to the OAC. The OAC
will provide an annual accounting for actual costs and any reserved funds
that exceed actual costs will be reallocated to Participating Local
Governments within the Region.
C. Cities and towns with a population of less than 10,000 shall be
excluded from the allocation, with the exception of cities and towns that
are Litigating Participating Local Governments. The portion of the Opioid
Funds that would have been allocated to a city or town with a population
of less than 10,000 that is not a Litigating Participating Local Government
shall be redistributed to Participating Counties in the manner directed
in CA.a above.
d. Each Participating County, City, or Town may elect to have its
share re -allocated to the OAC in which it is located. The OAC will then
utilize this share for the benefit of Participating Local Governments within
that Allocation Region, consistent with the Approved Purposes set forth in
Exhibit A. A Participating Local Government's election to forego its
allocation of Opioid Funds shall apply to all future allocations unless the
Participating Local Government notifies its respective OAC otherwise. If a
Participating Local Government elects to forego its allocation of the
Opioid Funds, the Participating Local Government shall be excused from
the reporting requirements set forth in this Agreement.
e. Participating Local Governments that receive a direct
payment maintain full discretion over the use and distribution of their
allocation of Opioid Funds, provided the Opioid Funds are used solely for
Approved Purposes. Reasonable administrative costs for a Participating
Local Government to administer its allocation of Opioid Funds shall not
exceed actual costs or,10% of the Participating Local Government's
allocation of Opioid Funds, whichever is less.
f. A Local Government that chooses not to become a Participating
Local Government will not receive a direct allocation of Opioid Funds.
The portion of the Opioid Funds that would have been allocated to a Local
Government that is not a Participating Local Government shall be
redistributed to Participating Counties in the manner directed
in CA.a above.
g. As a condition of receiving a direct payment, each Participating
Local Government that receives a direct payment agrees to undertake the
following actions:
i. Developing a methodology for obtaining proposals for use
of Opioid Funds.
ii. Ensuring there is opportunity for community -based input
on priorities for Opioid Fund programs and services.
iii. Receiving and reviewing proposals for use of Opioid Funds
for Approved Purposes.
iv. Approving or denying proposals for use of Opioid
Funds for Approved Purposes.
V. Receiving funds from the Trustee for approved proposals
and distributing the Opioid Funds to the recipient.
vi. Reporting to the OAC and making publicly available all
decisions on Opioid Fund allocation applications,
distributions and expenditures.
h. Prior to any distribution of Opioid Funds within the Allocation
Region, The Participating Local Governments must establish an Opioid
Abatement Council (OAC) to oversee Opioid Fund allocation,
distribution, expenditures and dispute resolution. The OAC may be a
preexisting regional body or may be a new body created for purposes of
executing the obligations of this MOU.
i. The OAC for each Allocation Region shall be composed of
representation from both Participating Counties and Participating Towns
or Cities within the Region. The method of selecting members, and the
terms for which they will serve will be determined by the Allocation
Region's Participating Local Governments. All persons who serve on the
OAC must have work or educational experience pertaining to one or more
Approved Uses.
j. The Regional OAC will be responsible for the following actions:
i. Overseeing distribution of Opioid Funds from Participating
Local Governments to programs and services within the
Allocation Region for Approved Purposes.
ii. Annual review of expenditure reports from
Participating Local Jurisdictions within the Allocation
Region for compliance with Approved Purposes and the
terms of this MOU and any Settlement.
iii. In the case where Participating Local Governments chose
to forego their allocation of Opioid Funds:
(i) Approving or denying proposals by Participating Local
Governments or community groups to the OAC for use of
Opioid Funds within the Allocation Region.
(ii) Directing the Trustee to distribute Opioid Funds for use
by Participating Local Governments or community groups
whose proposals are approved by the OAC.
(iii) Administrating and maintaining records of all OAC
decisions and distributions of Opioid Funds.
iv. Reporting and making publicly available all decisions on
Opioid Fund allocation applications, distributions and
expenditures by the OAC or directly by Participating Local
Governments.
V. Developing and maintaining a centralized public dashboard
or other repository for the publication of expenditure data
from any Participating Local Government that receives
Opioid Funds, and for expenditures by the OAC in that
Allocation Region, which it shall update at least annually.
vi. If necessary, requiring and collecting additional outcome -
related data from Participating Local Governments to
evaluate the use of Opioid Funds, and all Participating
Local Governments shall comply with such requirements.
vii. Hearing complaints by Participating Local Governments
within the Allocation Region regarding alleged failure to
(1) use Opioid Funds for Approved Purposes or (2) comply
with reporting requirements.
5. Participating Local Governments may agree and elect to share,
pool, or collaborate with their respective allocation of Opioid Funds in any
manner they choose by adopting a Regional Agreement, so long as such
sharing, pooling, or collaboration is used for Approved Purposes and
complies with the terms of this MOU and any Settlement.
6. Nothing in this MOU should alter or change any Participating
Local Government's rights to pursue its own claim. Rather, the intent of
this MOU is to join all parties who wish to be Participating Local
Governments to agree upon an allocation formula for any Opioid Funds
from any future binding Settlement with one or more Pharmaceutical
Supply Chain Participants for all Local Governments in the State of
Washington.
7. If any Participating Local Government disputes the amount it
receives from its allocation of Opioid Funds, the Participating Local
Government shall alert its respective OAC within sixty (60) days of
discovering the information underlying the dispute. Failure to alert its
OAC within this time frame. shall not constitute a waiver of the
Participating Local Government's right to seek recoupment of any
deficiency in its allocation of Opioid Funds.
8. If any OAC concludes that a Participating Local Government's
expenditure of its allocation of Opioid Funds did not comply with the
Approved Purposes listed in Exhibit A, or the terms of this MOU, or that
the Participating Local Government otherwise misused its allocation of
Opioid Funds, the OAC may take remedial action against the alleged
offending Participating Local Government. Such remedial action is left to
the discretion of the OAC and may include withholding future Opioid
Funds owed to the offending Participating Local Government or requiring
the offending Participating Local Government to reimburse improperly
expended Opioid Funds back to the OAC to be re -allocated to the
remaining Participating Local Governments within that Region.
9. All Participating Local Governments and OAC shall maintain all
records related to the receipt and expenditure of Opioid Funds for no less
than five (5) years and shall make such records available for review by
any other Participating Local Government or OAC, or the public. Records
requested by the public shall be produced in accordance with
Washington's Public Records Act RCW 42.56.001 et seq. Records
requested by another Participating Local Government or an OAC shall be
produced within twenty-one (21) days of the date the record request was
received. This requirement does not supplant any Participating Local
Government or OAC's obligations under Washington's Public Records
Act RCW 42.56.001 et seq.
D. Payment of Counsel and Litigation Expenses
1. The Litigating Local Governments have incurred attorneys' fees
and litigation expenses relating to their prosecution of claims against the
Pharmaceutical Supply Chain Participants, and this prosecution has inured to the
benefit of all Participating Local Governments. Accordingly, a Washington
Government Fee Fund ("GFF") shall be established that ensures that all Parties
that receive Opioid Funds contribute to the payment of fees and expenses incurred
to prosecute the claims against the Pharmaceutical Supply Chain Participants,
regardless of whether they are litigating or non -litigating entities.
2. The amount of the GFF shall be based as follows: the funds to be
deposited in the GFF shall be equal to 15% of the total cash value of the Opioid
Funds.
3. The maximum percentage of any contingency fee agreement
permitted for compensation shall be 15% of the portion of the Opioid Funds
allocated to the Litigating Local Government that is a party to the contingency fee
agreement, plus expenses attributable to that Litigating Local Government. Under
no circumstances may counsel collect more for its work on behalf of a Litigating
Local Government than it would under its contingency agreement with that
Litigating Local Government.
4. Payments from the GFF shall be overseen by a committee (the
"Opioid Fee and Expense Committee") consisting of one representative of the
following law firms: (a) Keller Rohrback L.LP.; (b) Hagens Berman Sobol
Shapiro LLP; (c) Goldfarb & Huck Roth Riojas, PLLC; and (d) Napoli Shkolnik
PLLC. The role of the Opioid Fee and Expense Committee shall be limited to
ensuring that the GFF is administered in accordance with this Section.
5. In the event that settling Pharmaceutical Supply Chain Participants
do not pay the fees and expenses of the Participating Local Governments directly
at the time settlement is achieved, payments to counsel for Participating Local
Governments shall be made from the GFF over not more than three years, with
50% paid within 12 months of the date of Settlement and 25% paid in each
subsequent year, or at the time the total Settlement amount is paid to the Trustee
by the Defendants, whichever is sooner.
6. Any funds remaining in the GFF in excess of: (i) the amounts
needed to cover Litigating Local Governments' private counsel's representation
agreements, and (ii) the amounts needed to cover the common benefit tax
discussed in Section C.8 below (if not paid directly by the Defendants in
connection with future settlement(s), shall revert to the Participating Local
Governments pro rata according to the percentages set forth in Exhibits B, to be
used for Approved Purposes as set forth herein and in Exhibit A.
7. In the event that funds in the GFF are not sufficient to pay all fees
and expenses owed under this Section, payments to counsel for all Litigating
Local Governments shall be reduced on a pro rata basis. The Litigating Local
Governments will not be responsible for any of these reduced amounts.
0
8. The Parties anticipate that any Opioid Funds they receive will be
subject to a common benefit "tax" imposed by the court in In Re: National
Prescription Opiate Litigation, United States District Court for the Northern
District of Ohio, Case No. 1:17-and-02804-DAP ("Common Benefit Tax"). If this
occurs, the Participating Local Governments shall first seek to have the settling
defendants pay the Common Benefit Tax. If the settling defendants do not agree
to pay the Common Benefit Tax, then the Common Benefit Tax shall be paid
from the Opioid Funds and by both litigating and non -litigating Local
Governments. This payment shall occur prior to allocation and distribution of
funds to the Participating Local Governments. In the event that GFF is not fully
exhausted to pay the Litigating Local Governments' private counsel's
representation agreements, excess funds in the GFF shall be applied to pay the
Common Benefit Tax (if any).
E. General Terms
1. If any Participating Local Government believes another
Participating Local Government, not including the Regional Abatement Advisory
Councils, violated the terms of this MOU, the alleging Participating Local
Government may seek to enforce the terms of this MOU in the court in which any
applicable Settlement(s) was entered, provided the alleging Participating Local
Government first provides the alleged offending Participating Local Government
notice of the alleged violation(s) and a reasonable opportunity to cure the alleged
violation(s). In such an enforcement action, any alleging Participating Local
Government or alleged offending Participating Local Government may be
represented by their respective public entity in accordance with Washington law.
2. Nothing in this MOU shall be interpreted to waive the right of any
Participating Local Government to seek judicial relief for conduct occurring
outside the scope of this MOU that violates any Washington law. In such an
action, the alleged offending Participating Local Government, including the
Regional Abatement Advisory Councils, may be represented by their respective
public entities in accordance with Washington law. In the event of a conflict, any
Participating Local Government, including the Regional Abatement Advisory
Councils and its Members, may seek outside representation to defend itself
against such an action.
3. Venue for any legal action related to this MOU shall be in the
court in which the Participating Local Government is located or in accordance
with the court rules on venue in that jurisdiction. This provision is not intended to
expand the court rules on venue.
4. This MOU may be executed in two or more counterparts, each of
which shall be deemed an original, but all of which shall constitute one and the
same instrument. The Participating Local Governments approve the use of
electronic signatures for execution of this MOU. All use of electronic signatures
10
shall be governed by the Uniform Electronic Transactions Act. The Parties agree
not to deny the legal effect or enforceability of the MOU solely because it is in
electronic form or because an electronic record was used in its formation. The
Participating Local Government agree not to object to the admissibility of the
MOU in the form of an electronic record, or a paper copy of an electronic
document, or a paper copy of a document bearing an electronic signature, on
the grounds that it is an electronic record or electronic signature or that it is not in
its original form or is not an original.
5. Each Participating Local Government represents that all
procedures necessary to authorize such Participating Local Government's
execution of this MOU have been performed and that the person signing for such
Party has been authorized to execute the MOU.
[Remainder of Page Intentionally Left Blank — Signature Pages Follow]
This One Washington Memorandum of Understanding Between Washington
Municipalities is signed this day of 1 , 2022 by:
Name & Title
On behalf of
4894-0031-1574, v. 2
12
EXHIBIT A
OPIOID ABATEMENT STRATEGIES
PART ONE: TREATMENT
A. TREAT OPIOID USE DISORDER (OUD
Support treatment of Opioid Use Disorder (OUD) and any co-occurring Substance Use
Disorder or Mental Health (SUD/MH) conditions, co -usage, and/or co -addiction through
evidence -based, evidence -informed, or promising programs or strategies that may include,
but are not limited to, the following:
1. Expand availability of treatment for OUD and any co-occurring SUD/MH conditions,
co -usage, and/or co -addiction, including all forms of Medication -Assisted Treatment
(MAT) approved by the U.S. Food and Drug Administration.
2. Support and reimburse services that include the full American Society of Addiction
Medicine (ASAM) continuum of care for OUD and any co-occurring SUD/MH
conditions, co -usage, and/or co -addiction, including but not limited to:
a. Medication -Assisted Treatment (MAT);
b. Abstinence -based treatment;
c. Treatment, recovery, or other services provided by states, subdivisions,
community health centers; non -for -profit providers; or for -profit providers;
d. Treatment by providers that focus on OUD treatment as well as treatment by
providers that offer OUD treatment along with treatment for other SUD/MH
conditions, co -usage, and/or co -addiction; or
e. Evidence -informed residential services programs, as noted below.
3. Expand telehealth to increase access to treatment for OUD and any co-occurring
SUD/MH conditions, co -usage, and/or co -addiction, including MAT, as well as
counseling, psychiatric support, and other treatment and recovery support services.
4. Improve oversight of Opioid Treatment Programs (OTPs) to assure evidence -based,
evidence -informed, or promising practices such as adequate methadone dosing.
5. Support mobile intervention, treatment, and recovery services, offered by qualified
professionals and service providers, such as peer recovery coaches, for persons with
OUD and any co-occurring SUD/MH conditions, co -usage, and/or co -addiction and
for persons who have experienced an opioid overdose.
6. Support treatment of mental health trauma resulting ftom the traumatic experiences of
the opioid user (e.g., violence, sexual assault, human trafficking, or adverse childhood
experiences) and family members (e.g., surviving family members after an overdose
1
or overdose fatality), and training of health care personnel to identify and address such
trauma.
7. Support detoxification (detox) and withdrawal management services for persons with
OUD and any co-occurring SUD/MH conditions, co -usage, and/or co -addiction,
including medical detox, referral to treatment, or connections to other services or
supports.
8. Support training on MAT for health care providers, students, or other supporting
professionals, such as peer recovery coaches or recovery outreach specialists,
including telementoring to assist community -based providers in rural or underserved
areas.
9. Support workforce development for addiction professionals who work with persons
with OUD and any co-occurring SUD/MH conditions, co -usage, and/or co -addiction.
10. Provide fellowships for addiction medicine specialists for direct patient care,
instructors, and clinical research for treatments.
11. Provide funding and training for clinicians to obtain a waiver under the federal Drug
Addiction Treatment Act of 2000 (DATA 2000) to prescribe MAT for OUD, and
provide technical assistance and professional support to clinicians who have obtained
a DATA 2000 waiver.
12. Support the dissemination of web -based training curricula, such as the American
Academy of Addiction Psychiatry's Provider Clinical Support Service-Opioids web -
based training curriculum and motivational interviewing.
13. Support the development and dissemination of new curricula, such as the American
Academy of Addiction Psychiatry's Provider Clinical Support Service for
Medication -Assisted Treatment.
B. SUPPORT PEOPLE IN TREATMENT AND RECOVERY
Support people in treatment for and recovery from OUD and any co-occurring SUD/MH
conditions, co -usage, and/or co -addiction through evidence -based, evidence -informed, or
promising programs or strategies that may include, but are not limited to, the following:
1. Provide the full continuum of care of recovery services for OUD and any co-occurring
SUD/MH conditions, co -usage, and/or co -addiction, including supportive housing,
residential treatment, medical detox services, peer support services and counseling,
community navigators, case management, and connections to community -based
services.
2. Provide counseling, peer -support, recovery case management and residential
treatment with access to medications for those who need it to persons with OUD and
any co-occurring SUD/MH conditions, co -usage, and/or co -addiction.
2
3. Provide access to housing for people with OUD and any co-occurring SUD/MH
conditions, co -usage, and/or co -addiction, including supportive housing, recovery
housing, housing assistance programs, or training for housing providers.
4. Provide community support services, including social and legal services, to assist in
deinstitutionalizing persons with OUD and any co-occurring SUD/MH conditions, co -
usage, and/or co -addiction.
5. Support or expand peer -recovery centers, which may include support groups, social
events, computer access, or other services for persons with OUD and any co-occurring
SUD/MII conditions, co -usage, and/or co -addiction.
6. Provide employment training or educational services for persons in treatment for or
recovery from OUD and any co-occurring SUD/NM conditions, co -usage, and/or co -
addiction.
7. Identify successful recovery programs such as physician, pilot, and college recovery
programs, and provide support and technical assistance to increase the number and
capacity of high -quality programs to help those in recovery.
8. Engage non -profits, faith -based communities, and community coalitions to support
people in treatment and recovery and to support family members in their efforts to
manage the opioid user in the family.
9. Provide training and development of procedures for government staff to appropriately
interact and provide social and other services to current and recovering opioid users,
including reducing stigma.
10. Support stigma reduction efforts regarding treatment and support for persons with
OUD, including reducing the stigma on effective treatment.
C. CONNECT PEOPLE WHO NEED HELP TO THE HELP THEY NEED
(CONNECTIONS TO CARE)
Provide connections to care for people who have — or are at risk of developing — OUD and
any co-occurring SUD/MH conditions, co -usage, and/or co -addiction through evidence -
based, evidence -informed, or promising programs or strategies that may include, but are not
limited to, the following:
1. Ensure that health care providers are screening for OUD and other risk factors and
know how to appropriately counsel and treat (or refer if necessary) a patient for OUD
treatment.
2. Support Screening, Brief Intervention and Referral to Treatment (SBIRT) programs to
reduce the transition from use to disorders.
3. Provide training and long-term implementation of SBIRT in key systems (health,
schools, colleges, criminal justice, and probation), with a focus on youth and young
adults when transition from misuse to opioid disorder is common.
3
4. Purchase automated versions of SBIRT and support ongoing costs of the technology.
5. Support training for emergency room personnel treating opioid overdose patients on
post -discharge planning, including community referrals for MAT, recovery case
management or support services.
6. Support hospital programs that transition persons with OUD and any co-occurring
SUD/MH conditions, co -usage, and/or co -addiction, or persons who have experienced
an opioid overdose, into community treatment or recovery services through a bridge
clinic or similar approach.
7. Support crisis stabilization centers that serve as an alternative to hospital emergency
departments for persons with OUD and any co-occurring SUD/MH conditions, co -
usage, and/or co -addiction or persons that have experienced an opioid overdose.
8. Support the work of Emergency Medical Systems, including peer support specialists,
to connect individuals to treatment or other appropriate services following an opioid
overdose or other opioid-related adverse event.
9. Provide funding for peer support specialists or recovery coaches in emergency
departments, detox facilities, recovery centers, recovery housing, or similar settings;
offer services, supports, or connections to care to persons with OUD and any co-
occurring SUD/MH conditions, co -usage, and/or co -addiction or to persons who have
experienced an opioid overdose.
10. Provide funding for peer navigators, recovery coaches, care coordinators, or care
managers that offer assistance to persons with OUD and any co-occurring SUD/MH
conditions, co -usage, and/or co -addiction or to persons who have experienced on
opioid overdose.
11. Create or support school -based contacts that parents can engage with to seek
immediate treatment services for their child; and support prevention, intervention,
treatment, and recovery programs focused on young people.
12. Develop and support best practices on addressing OUD in the workplace.
13. Support assistance programs for health care providers with OUD.
14. Engage non -profits and the faith community as a system to support outreach for
treatment.
15. Support centralized call centers that provide information and connections to
appropriate services and supports for persons with OUD and any co-occurring
SUD/MH conditions, co -usage, and/or co -addiction.
16. Create or support intake and call centers to facilitate education and access to
treatment; prevention, and recovery services for persons with OUD and any co-
occurring SUD/MH conditions, co -usage, and/or co -addiction.
al
17. Develop or support a National Treatment Availability Clearinghouse — a
multistate/nationally accessible database whereby health care providers can list
locations for currently available in -patient and out -patient OUD treatment services
that are accessible on a real-time basis by persons who seek treatment.
D. ADDRESS THE NEEDS OF CREWNAL-JUSTICE-INVOLVED PERSONS
Address the needs of persons with OUD and any co-occurring SUD/MH conditions, co -
usage, and/or co -addiction who are involved — or are at risk of becoming involved — in the
criminal justice system through evidence -based, evidence -informed, or promising programs
or strategies that may include, but are not limited to, the following:
1. Support pre -arrest or post -arrest diversion and deflection strategies for persons with
OUD and any co-occurring SUD/MH conditions, co -usage, and/or co -addiction,
including established strategies such as:
a. Self -referral strategies such as the Angel Programs or the Police Assisted
Addiction Recovery Initiative (PAARI);
b. Active outreach strategies such as the Drug Abuse Response Team (DART)
model;
c. "Naloxone Plus" strategies, which work to ensure that individuals who have
received naloxone to reverse the effects of an overdose are then linked to
treatment programs or other appropriate services;
d. Officer prevention strategies, such as the Law Enforcement Assisted. Diversion
(LEAD) model;
e. Officer intervention strategies such as the Leon County, Florida Adult Civil
Citation Network or the Chicago Westside Narcotics Diversion to Treatment
Initiative;
f. Co -responder and/or alternative responder models to address OUD-related 911
calls with greater SUD expertise and to reduce perceived barriers associated with
law enforcement 911 responses; or
g. County prosecution diversion programs, including diversion officer salary, only
for counties with a population of 50,000 or less. Any diversion services in matters
involving opioids must include drug testing, monitoring, or treatment.
2. Support pre-trial services that connect individuals with OUD and any co-occurring
SUD/MH conditions, co -usage, and/or co -addiction to evidence -informed treatment,
including MAT, and related services.
3. Support treatment and recovery courts for persons with OUD and any co-occurring
SUD/MH conditions, co -usage, and/or co -addiction, but only if these courts provide
referrals to evidence -informed treatment, including MAT.
5
4. Provide evidence -informed treatment, including MAT, recovery support, or other
appropriate services to individuals with OUD and any co-occurring SUD/NM
conditions, co -usage, and/or co -addiction who are incarcerated in jail or prison.
5. Provide evidence -informed treatment, including MAT, recovery support, or other
appropriate services to individuals with OUD and any co-occurring SUD/MH
conditions, co -usage, and/or co -addiction who are leaving jail or prison have recently
left jail or prison, are on probation or parole, are under community corrections
supervision, or are in re-entry programs or facilities.
6. Support critical time interventions (CTI), particularly for individuals living with dual -
diagnosis OUD/serious mental illness, and services for individuals who face
immediate risks and service needs and risks upon release from correctional settings.
7. Provide training on best practices for addressing the needs of criminal -justice -
involved persons with OUD and any co-occurring SUD/MH conditions, co -usage,
and/or co -addiction to law enforcement, correctional, or judicial personnel or to
providers of treatment, recovery, case management, or other services offered in
connection with any of the strategies described in this section.
E. ADDRESS THE NEEDS OF PREGNANT OR PARENTING WOMEN AND
THEIR FAMILIES, INCLUDING BABIES WITH NEONATAL ABSTINENCE
SYNDROME
Address the needs of pregnant or parenting women with OUD and any co-occurring
SUD/MH conditions, co -usage, and/or co -addiction, and the needs of their families, including
babies with neonatal abstinence syndrome, through evidence -based, evidence -informed, or
promising programs or strategies that may include, but are not limited to, the following:
1. Support evidence -based, evidence -informed, or promising treatment, including MAT,
recovery services and supports, and prevention services for pregnant women — or
women who could become pregnant — who have OUD and any co-occurring SUD/MH
conditions, co -usage, and/or co -addiction, and other measures to educate and provide
support to families affected by Neonatal Abstinence Syndrome.
2. Provide training for obstetricians or other healthcare personnel that work with
pregnant women and their families regarding treatment of OUD and any co-occurring
SUD/MH conditions, co -usage, and/or co -addiction.
3. Provide training to health care providers who work with pregnant or parenting women
on best practices for compliance with federal requirements that children born with
Neonatal Abstinence Syndrome get referred to appropriate services and receive a plan
of safe care.
4. Provide enhanced support for children and family members suffering trauma as a
result of addiction in the family; and offer trauma -informed behavioral health
treatment for adverse childhood events.
Cel
5. Offer enhanced family supports and home -based wrap -around services to persons with
OUD and any co-occurring SUD/MI-I conditions, , co -usage, and/or co -addiction,
including but not limited to parent skills training.
6. Support for Children's Services — Fund additional positions and services, including
supportive housing and other residential services, relating to children being removed
from the home and/or placed in foster care due to custodial opioid use.
PART TWO: PREVENTION
F. PREVENT OVER -PRESCRIBING AND ENSURE APPROPRIATE
PRESCRIBING AND DISPENSING OF OPIOIDS
Support efforts to prevent over -prescribing and ensure appropriate prescribing and dispensing
of opioids through evidence -based, evidence -informed, or promising programs or strategies
that may include, but are not limited to, the following:
1. Training for health care providers regarding safe and responsible opioid prescribing,
dosing, and tapering patients off opioids.
2. Academic counter -detailing to educate prescribers on appropriate opioid prescribing.
3. Continuing Medical Education (CME) on appropriate prescribing of opioids.
4. Support for non-opioid pain treatment alternatives, including training providers to
offer or refer to multi -modal, evidence -informed treatment of pain.
5. Support enhancements or improvements to Prescription Drug Monitoring Programs
(PDMPs), including but not limited to improvements that:
a. Increase the number of prescribers using PDMPs;
b. Improve point -of -care decision -making by increasing the quantity, quality, or
format of data available to prescribers using PDMPs or by improving the
interface that prescribers use to access PDMP data, or both; or
c. Enable states to use PDMP data in support of surveillance or intervention
strategies, including MAT referrals and follow-up for individuals identified
within PDMP data as likely to experience OUD.
6. Development and implementation of a national PDMP — Fund development of a
multistate/national PDMP that permits information sharing while providing
appropriate safeguards on sharing of private health information, including but not
limited to:
a. Integration of PDMP data with electronic health records, overdose episodes,
and decision support tools for health care providers relating to OUD.
7
b. Ensuring PDMPs incorporate available overdose/naloxone deployment data,
including the United States Department of Transportation's Emergency
Medical Technician overdose database.
7. Increase electronic prescribing to prevent diversion or forgery.
8. Educate Dispensers on appropriate opioid dispensing.
G. PREVENT MISUSE OF OPIOIDS
Support efforts to discourage or prevent misuse of opioids through evidence -based, evidence -
informed, or promising programs or strategies that may include, but are not limited to, the
following:
1. Corrective advertising or affirmative public education campaigns based on evidence.
2. Public education relating to drug disposal.
3. Drug take -back disposal or destruction programs.
4. Fund community anti -drug coalitions that engage in drug prevention efforts.
5. Support community coalitions in implementing evidence -informed prevention, such
as reduced social access and physical access, stigma reduction — including staffing,
educational campaigns, support for people in treatment or recovery, or training of
coalitions in evidence -informed implementation, including the Strategic Prevention
Framework developed by the U.S. Substance Abuse and Mental Health Services
Administration (SAMHSA).
6. Engage non -profits and faith -based communities as systems to support prevention.
7. Support evidence -informed school and community education programs and
campaigns for students, families, school employees, school athletic programs, parent -
teacher and student associations, and others.
8. School -based or youth -focused programs or strategies that have demonstrated
effectiveness in preventing drug misuse and seem likely to be effective in preventing
the uptake and use of opioids.
9. Support community -based education or intervention services for families, youth, and
adolescents at risk for OUD and any co-occurring SUD/MH conditions, co -usage,
and/or co -addiction.
10. Support evidence -informed programs or curricula to address mental health needs of
young people who may be at risk of misusing opioids or other drugs, including
emotional modulation and resilience skills.
11. Support greater access to mental health services and supports for young people,
including services and supports provided by school nurses or other school staff, to
address mental health needs in young people that (when not properly addressed)
increase the risk of opioid or other drug misuse.
H. PREVENT OVERDOSE DEATHS AND OTHER HARMS
Support efforts to prevent or reduce overdose deaths or other opioid-related harms through
evidence -based, evidence -informed, or promising programs or strategies that may include,
but are not limited to, the following:
1. Increase availability and distribution of naloxone and other drugs that treat overdoses
for first responders, overdose patients, opioid users, families and friends of opioid
users, schools, community navigators and outreach workers, drug offenders upon
release from jail/prison, or other members of the general public.
2. Provision by public health entities of free naloxone to anyone in the community,
including but not limited to provision of intra-nasal naloxone in settings where other
options are not available or allowed.
3. Training and education regarding naloxone and other drugs that treat overdoses for
first responders, overdose patients, patients taking opioids, families, schools, and
other members of the general public.
4. Enable school nurses and other school staff to respond to opioid overdoses, and
provide them with naloxone, training, and support.
5. Expand, improve, or develop data tracking software and applications for
overdoses/naloxone revivals.
6. Public education relating to emergency responses to overdoses.
7. Public education relating to immunity and Good Samaritan laws.
8. Educate first responders regarding the existence and operation of immunity and Good
Samaritan laws.
9. Expand access to testing and treatment for infectious diseases such as HIV and
Hepatitis C resulting from intravenous opioid use.
10. Support mobile units that offer or provide referrals to treatment, recovery supports,
health care, or other appropriate services to persons that use opioids or persons with
OUD and any co-occurring SUD/MH conditions, co -usage, and/or co -addiction.
11. Provide training in treatment and recovery strategies to health care providers,
students, peer recovery coaches, recovery outreach specialists, or other professionals
that provide care to persons who use opioids or persons with OUD and any co-
occurring SUD/MH conditions, co -usage, and/or co -addiction.
12. Support screening for fentanyl in routine clinical toxicology testing.
6
PART THREE: OTHER STRATEGIES
I. FIRST RESPONDERS
In addition to items C8, D1 through D7, H1, H3, and H8, support the following:
1. Current and future law enforcement expenditures relating to the opioid epidemic.
2. Educate law enforcement or other first responders regarding appropriate practices and
precautions when dealing with fentanyl or other drugs.
J. LEADERSHIP, PLANNING AND COORDINATION
Support efforts to provide leadership, planning, and coordination to abate the opioid epidemic
through activities, programs, or strategies that may include, but are not limited to, the
following:
1. Community regional planning to identify goals for reducing harms related to the
opioid epidemic, to identify areas and populations with the greatest needs for
treatment intervention services, or to support other strategies to abate the opioid
epidemic described in this opioid abatement strategy list.
2. A government dashboard to track key opioid-related indicators and supports as
identified through collaborative community processes.
3. Invest in infrastructure or staffing at government or not -for -profit agencies to support
collaborative, cross -system coordination with the purpose of preventing
overprescribing, opioid.misuse, or opioid overdoses, treating those with OUD and any
co-occurring SUD/MEI conditions, co -usage, and/or co -addiction, supporting them in
treatment or recovery, connecting them to care, or implementing other strategies to
abate the opioid epidemic described in this opioid abatement strategy list.
4. Provide resources to staff government oversight and management of opioid abatement
programs.
K. TRAINING
In addition to the training referred to in various items above, support training to abate the
opioid epidemic through activities, programs, or strategies that may include, but are not
limited to, the following:
1. Provide funding for staff training or networking programs and services to improve the
capability of government, community, and not -for -profit entities to abate the opioid
crisis.
2. Invest in infrastructure and staffing for collaborative cross -system coordination to
prevent opioid misuse, prevent overdoses, and treat those with OUD and any co-
occurring SUD/MH conditions, co -usage, and/or co -addiction, or implement other
10
strategies to abate the opioid epidemic described in this opioid abatement strategy list
(e.g., health care, primary care, pharmacies, PDMPs, etc.).
L. RESEARCH
Support opioid abatement research that may include, but is not limited to, the following:
1. Monitoring, surveillance, and evaluation of programs and 'strategies described in this
opioid abatement strategy list.
2. Research non-opioid treatment of chronic pain.
3. Research on improved service delivery for modalities such as SBIRT that demonstrate
promising but mixed results in populations vulnerable to opioid use disorders.
4. Research on innovative supply-side enforcement efforts such as improved detection of
mail -based delivery of synthetic opioids.
5. Expanded research on swift/certain/fair models to reduce and deter opioid misuse
within criminal justice populations that build upon promising approaches used to
address other substances (e.g. Hawaii HOPE and Dakota 24/7).
6. Research on expanded modalities such as prescription methadone that can expand
access to MAT.
11
EXHIBIT B
Local
�Gounty� Government -,'-
Adams Count
Adams County 0.1638732475%
Hatton _
Lind
Othello
Ritzville _
Washtucna
County Total: 0.1638732475%
Asotin Count
Asotin County
0.4694498386%
Asotin
County Total:
0.4694498386%
Benton County
County
1.4848831892%
_Benton
Benton City
Kennewick
0.5415650564%
Prosser
Richland
0.4756779517%
_�_
t Ri Weschland
0.0459360490%
County Total:
2.5480622463%
Chelan County
Chelan County
0.7434914485%
Cashmere
Chelan
Entiat
Leavenworth
Wenatchee
0.2968333494%
County Total:
1.0403247979%
Clallam Count
Clallam County 1.3076983401%
Forks °_.`�°-..�.,.,,�...�,
Port Angeles 0.4598370527%
ieuim
County Total: 1.7675353928%
*** - Local Government appears in multiple counties B-1
EXHIBIT B
I'County 1 � - Government i` %Allocation
...._. _.... ..._
Clark County
Clark County
4.5149775326%
Battle Ground
0.1384729857%
_Camas „,�... �_..
0.2691592724%
La Center.
Ridgefielda_.�a
Vancouver
AWashougal
_1.7306605325%
0.1279328220%
Wo ._
_
_odland***
Yacolt
County Total: 6.7812031452%
Columbia Count
Columbia County ___.._�..�.....�._____...�.m___......-.
0.0561699537%
Dayton_......__.
Starbuck
County Total:
0.0561699537%
Cowlitz County
_Cowlitz_County
1.7226945990%
Castle Rock,�_._..,,��,.�
_ �
0.1331145270%
_Kelso_
Longview
0.6162736905%
Woodland***
County Total:
2.4720828165%
Douglas County
Douglas County
0.3932175175%
Bridgeport
� ��
Coulee Dam***
East Wenatchee
0.0799810865%
Mansfield
Rock Island
Waterville
County Total: 0.4731986040%
Ferry County
Ferry County 0.1153487994%
Republic���� �. .
County Total: 0.1153487994%
*** - Local Government appears in multiple counties B-2
EXHIBIT B
. ,. Local
County Government % Allocation
Franklin Count
Franklin County 0.3361237144%
Connell
Pasco 0.4278056066%
County Total: 0.7639293210%
Garfield County
Garfield County 0.0321982209%
County Total: 0.0321982209%
Grant County
Grant County
Coulee City Coulee Dam _***
0.9932572167%
Electric
-Ephrata
Grand Coulee
Ha
Krupp.. .,_....m.�.
_Mattawa
_M_oses Lake 0.2078293909%
Quincy..,w�».,�...,..._....�,.�,,.�...�m„�,..,...,....,,.
Royal City._.
SoapLake .... __._..�..... _..._.....�.........
Warden
Wilson Creek
County Total: 1.2010866076%
*** - Local Government appears in multiple counties B-3
EXHIBIT B
..Local':.
kCounty` 3� Government %Allocation
Grays Harbor County
Grays Harbor County 0.9992429138%
Aberdeen 0.2491525333%
Cosmopolis
McCleary
_Mo_ntesano "-.�.�..�,....�.__._...,.�..,.,-.W.....�ww.�,.�
_Ocean Shores
Westport..._._�..._. �,.__._._.._._..._._.,....m.,.__._....__..�...
County Total: 1.2483954471%
Island Count
Island County 0.6820422610%
_Coupeville
Langley�...._........�....._._.�..,.�........�....�..
Oak Harbor 0.2511550431%
County Total: 0.9331973041%
Jefferson County
Jefferson County 0.4417137380%
Port Townsend
County Total: 0.4417137380%
*** - Local Government appears in multiple counties B-4
EXHIBIT B
Loca
County..1;..- Government i° % AllocatIbfi
King County
King County
13.9743722662%
_.�.
Algona.�..._..__..m...�......_�...
Auburn***
0.2622774917%
_
Beaux Arts Village
Bellevue
1.1300592573%
_
Black Diamond
~Bothell***
0.1821602716%
0.0270962921%
_Burien_ _
Carnation
ClydeHill
_
Covington_ _
0.0118134406%
Des Moines
0.1179764526%
Duvall
Enumclaw***
0.0537768326%
_Federal Way
0.3061452240%
Issaquah
0.1876240107%
Kenmore
_ 0.0204441024%
Kent
W0.53773976_76%
0.5453525246%
Forest Park
0.0525439124%
_Lake
Maple Valley
w0.0093761587%
�_
Medina ..�..�..
.
Mercer Island
0.1751797481%
Milton***
Newcastle
�0.0033117880%
Normandy Park
North Bend
Pacific
Redmond
0.4839486007%
Renton
0.7652626920%
Sammamish 0.0224369090%
SeaTac
0.1481551278%
Seattle
6.6032403816%
Shore)ine
�0.0435834501%
Skykomish
_. �k ..
Sn_o_qua I m ie
0.0649164481%
Tukwila
0.3032205739%
Woodinville_
OA185516364%
Yarrow Point
County Total: 26.0505653608%
*** - Local Government appears in multiple counties B-5
EXHIBIT B
Local
!County i Government ( % Allocation,
Kitsao Count
Kitsap County 2.6294133668%
_Bainbridge Island 0.1364686014%
Bremerton 0.6193374389%
PortOrchard _0.100949_7162%
Poulsbo� 0.0773748246%
County Total: 3.5635439479%
Kittitas Count
Kittitas County 0.3855704683%
Cle Elum _
Ellensburg 0.0955824915%
Roslyn
South Cle Elum
County Total: 0.4811529598%
Klickitat County
Klickitat County _ 0.2211673457%
Bingen_
Goldendale _
White Salmon �..�.,..m,.�_..�...m�...,,,��.,.-,.,......�.m�..
County Total: 0.2211673457%
Lewis County
Lewis County 1.0777377479%
Centralia _ 0.1909990353%
Chehalis
Morton _
Mossyrock
Napavine � ..
Pe Ell
Toledo
Winlock
County Total: 1.2687367832%
*** - Local Government appears in multiple counties B-6
EXHIBIT B
' Local
;ounty,j"Government % Allocation
:.__,—,.,;_,,_ ..._.....:r_........_.._...... _._....__......___. _s--....._.
Lincoln Count
Lincoln County 0.1712669645%
Almira
Creston
Harrington
Rearclan
Sprague
Wilbur
County Total: 0.1712669645
Mason Count
County
0.8089918012%
_Mason
Shelton
0.1239179888%
County Total:
0.9329097900%
Okanogan County
Okanogan County
0.6145043345%
Brewster
_Con_conully
Coulee Dam***
-w
Elmer City
_Okanogan
Oroville �..
Pateros
Riverside
Tonasket
Twisp
__..�.._.....
Winthrop�".._____.............__.
County Total: 0.6145043345%
Pacific Count
Pacific County
Ilwaco—
Long Beach
Raymond
South Bend
0.4895416466
County Total: 0.4895416466%
*** - Local Government appears in multiple counties B-7
EXHIBIT B
G' Local
County �� : , Governmentry Jj � %Allocation .
Pend Oreille County
Pend Oreille County 0.2566374940%
Cusick_..._.._... _..�__�_ w......�,.......w....
lone
M_etaline
aMetaline Falls_
County Total: 0.2566374940%
Pierce County
Pierce County 7.2310164020%
Auburn*** 0.0628522112%
Bonney Lake
0.1190773864%
Buckley
Carbonado
�� .....
DuPont
.
Eatonville
Edgew_ood
0.0048016791%
Enumclaw***
0.0000000000%
Fife _
— —_
0.1955185481%
Fircrest
_--
Gig Harbor
0.0859963345%
Lakewood
0.5253640894%
Ito
Pacific***
_
_Puyallup _
.._�,..�...� _...�...._._
0.3845704814%
_.�--..—
Roy
mm
_Ruston _
South Prairie
Steilacoom _
Sumner 0.1083157569%
Tacoma3.2816374617%
University Place 0.0353733363%
Wilkeson .. _ w..
County Total 12.0345236870%
San Juan County
San Juan County 0.2101495171%
Friday
County Total: 0.2101495171%
*** - Local Government appears in multiple counties B-8
EXHIBIT B
i..},..
County Government £[._, % Allocation
Skaeit Count
Skagit County 1.0526023961%
Anaco_rtes� 0.177_4962906%
Burlington 0.1146861661%
Concrete
Hamilton
La Conner
Lyman __ _ _
Mount Vernon_ ---- - 0.2801063665%
Sedro-Woolley _ 0.0661146351%
County Total: 1.6910058544%
Skamania County
Skamania County 0.1631931925%
North Bonneville
Stevenson
County Total: 0.1631931925%
Snohomish County
Snohomish County
6.90544156_22%
Arlington
0.2620524080%
Bothell***
0.2654558588%
Brier
..
Darrington�M,�����^����
Edmonds
0.3058936009%
1.9258363241%
_Everett _
Gold Bar
Granite Falls
Index
.......... ..............
Lake Stevens 0.1385202891%
Lynnwood _
0.7704629214%
Marysville
0.3945067827%
Mill Creek
0.1227939546%
0.1771621898%
_Monroe
Mountlake Terrace
0.2108935805%
Mukilteo
0.2561790702%
Snohomish —
0.6861097964%
Stanwood
Sultan.._..�.........�,.�.�..-�.®_.r.-�...®-.�..�.
Woodway
County Total: 11.8213083387%
*** - Local Government appears in multiple counties B-9
EXHIBIT B
Local
!Count y.LL r Government.:„; ;,. % Allocation
Spokane County
Spokane County 5.5623859292%
Airway Heights
Cheney _ - 0.1238454349%
Deer Park
Fairfield
Liberty Lake 0.0389636519%
Medical Lake
Millwood
Rockford~��...m... _._. _�.....�...........,_..._
Spangle
Spokane 3.0872078287%
Spokane Valley 0.0684217500%
Waverly
County Total: 8.8808245947%
Stevens Count
Stevens County 0.7479240179%
Colville
_Ke_ttle Falls
Northport .....,. �.A. w ..m .-.M.A
Springdale
County Total: 0.7479240179%
Thurston County
Thurston County 2.3258492094%
Lacey 0.2348627221%
Olympia _w 0.6039423385%
Rainier
Tenino
Tu_mwater 0.2065982350%
County Total: 3.3712525050%
Wahkiakum County
Wahkiakum County 0.0596582197%
Cathlamet — _.a--- I.-. ---
County Total:
0.0596582197%
*** - Local Government appears in multiple counties B-10
EXHIBIT B
Local ry'
Count` "` "Government ' ' % Allocation
Walla Walla County
Walla Walla County
0.5543870294%
College Place
_Prescott
W_aitsburg_ m _
Walla Walla
0.3140768654%
County Total:
0.8684638948%
Whatcom County
Whatcom County
1.3452637306%
Bellingham
0.8978614577%
Blaine
Everson _
Ferndale
Lynd_en
Nooksack
Sumas
0.0646101891%
0.0827115612%
County Total: 2.3904469386%
Whitman County
Whitman County 0.2626805837%
Colton..�..,,,,.m..�.�...�_.-.....,.�,a...�....__ ,....�.
Endicott W......
Farmington...,
Garfield
LaCrosse
Lamont_...-_
Malden�,�.._..�,........_.._..�...�.._.�.._...._..�......
Oakesdale
Palouse _.�.._......._ ���
Pullman 0.2214837491%
Rosalia
St. John
Uniontown _
County Total: 0.4841643328%
*** - Local Government appears in multiple counties B-11
EXHIBIT B
.._Local
3 �
County j Government''` Via. .% Allocation'
Yakima County
Yakima County 1.9388392959%
Grandview 0.0530606109%
Granger.... _._.__.�....__......� ��_._...��.�.__.....
Harrah
Mabton
Moxe a �.�._a.........._ ..�,.� ._...�._ ..�,..._ _�.�._� _.-�...
Sunnyside 0.1213478384%
Tieton
Toppenish
Union Gap
Wapato
Yakima 0.6060410539%
Zillah
County Total: 2.7192887991%
*** - Local Government appears in multiple counties B-12
Exhibit C
KING COUNTY REGIONAL AGREEMENT
King County intends to explore coordination with its cities and towns to facilitate a Regional
Agreement for Opioid Fund allocation. Should some cities and towns choose not to participate in
a Regional Agreement, this shall not preclude coordinated allocation for programs and services
between the County and those cities and towns who elect to pursue a Regional Agreement. As
contemplated in C.5 of the MOU, any Regional Agreement shall comply with the terms of the
MOU and any Settlement. If no Regional Agreement is achieved, the default methodology for
allocation in C.4 of the MOU shall apply.