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Home My WebLink About05/07/2024 08. Resolution authorizing the Janssen Washington State-Wide Opioid Settlement 1 (...,,,.,'71,.......,..., BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 8. For Meeting of: May 7, 2024 ITEM TITLE: Resolution authorizing the Janssen Washington State-Wide Opioid Settlement SUBMITTED BY: Sara Watkins, City Attorney SUMMARY EXPLANATION: The Washington State Attorney General has reached settlement with Johnson & Johnson regarding its role in the opioid epidemic. Overall cities and counties will receive a total of$61.67 million in July of 2024. Including this pending settlement, the Washington local governments will receive $493.87 million from the Attorney General's opioid litigation and settlements. To take advantage of the settlement, and receive settlement funds, the City must join the settlements by executing a number of documents and agreeing to the proposed Allocation Agreement.As with the previous distributor, manufacturer and other settlements, this settlement is contingent on eligible cities and counties joining the settlements. The full settlement agreement can be found at: https://agportal-s3bucket.s3.us-west- 2.amazonaws.com/uploadedfiles/J NJ%20WA%20Settlement%20%282-5-24%29%20- %20J NJ%20WA%20signed%20with%20Exhi bit%201.pdf? Versionld=yen N8yjasWIeJvbK3OomntgpiLRkhfRv ITEM BUDGETED: No STRATEGIC PRIORITY: Public Safety APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: Adopt Resolution. ATTACHMENTS: Description Upload Date Type ❑ Res-Opioid Settlement Johnson&Johnson 4/9/2024 Resolution D JNJ WA Participation Form 4/9/2024 Contract 2 RESOLUTION NO. R-2024- A RESOLUTION approving the Janssen Washington State-Wide Opioid Settlement Agreement. WHEREAS, the City approved the One Washington Memorandum of Understanding Between Washington Municipalities and its Allocation Agreement II, which the City agreed to settle any claims it might have against certain pharmaceutical supply chain entities, manufacturers and distributors in exchange for a percentage of the total negotiated settlement amounts; and WHEREAS, a tentative settlement has now been reached with Janssen (Johnson & Johnson); and WHEREAS, the City is entitled to take advantage of these settlement amounts due to its participation in the One Washington memorandum; and WHEREAS, to take advantage of the settlement funding the City must approve said settlements by filling out and returning the Participation Form by the May 11, 2024 deadline; and WHEREAS, the City Council finds that it is in the best interest of the City of Yakima and its residents to enter into the settlement agreement with Janssen; and to secure a portion of the settlement proceeds to be used in the City of Yakima for approved uses as outlined in the One Washington Memorandum and Allocation Agreement II previously entered into; now, therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Council of the City of Yakima hereby authorizes the City Manager to sign all necessary documents and contracts to effectuate the Janssen Washington State-Wide Opioid Settlement Agreement. ADOPTED BY THE CITY COUNCIL this 7th day of May, 2024. Patricia Byers, Mayor ATTEST: Rosalinda Ibarra, City Clerk 3 EXHIBIT B Settlement Participation Form Governmental Entity: State: Authorized Official: Address 1: Address 2: City, State, Zip: Phone: Email: The governmental entity identified above ("Governmental Entity"), in order to obtain and in consideration for the benefits provided to the Governmental Entity pursuant to the Janssen Washington State-Wide Opioid Settlement Agreement dated January 22, 2024 ("Janssen Settlement"), and acting through the undersigned authorized official, hereby elects to participate in the Janssen Settlement, release all Released Claims against all Released Entities, and agrees as follows. 1. The Governmental Entity is aware of and has reviewed the Janssen Settlement, understands that all terms in this Election and Release have the meanings defined therein, and agrees that by this Election, the Governmental Entity elects to participate in the Janssen Settlement and become a Participating Subdivision as provided therein. 2. The Governmental Entity shall, within 30 days of the filing of the Consent Judgment, secure the dismissal with prejudice of any Released Claims that it has filed. 3. The Governmental Entity agrees to the terms of the Janssen Settlement pertaining to Subdivisions as defined therein. 4. By agreeing to the terms of the Janssen Settlement and becoming a Releasor, the Governmental Entity is entitled to the benefits provided therein, including, if applicable, monetary payments beginning after the Effective Date. 5. The Governmental Entity agrees to use any monies it receives through the Janssen Settlement solely for the purposes provided therein. 6. The Governmental Entity submits to the jurisdiction of the court where the Consent Judgment is filed for purposes limited to that court's role as provided in, and for resolving disputes to the extent provided in, the Janssen Settlement. 7. The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for all purposes in the Janssen Settlement, including but not limited to all provisions of Section IV (Release), and along with all departments, agencies, divisions, boards, commissions, districts, instrumentalities of any kind and attorneys, and any person in their official capacity B-1 4 elected or appointed to serve any of the foregoing and any agency, person, or other entity claiming by or through any of the foregoing, and any other entity identified in the definition of Releasor, provides for a release to the fullest extent of its authority. As a Releasor, the Governmental Entity hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or claim, or to cause, assist or permit to be brought, filed, or claimed, or to otherwise seek to establish liability for any Released Claims against any Released Entity in any forum whatsoever. The releases provided for in the Janssen Settlement are intended by the Parties to be broad and shall be interpreted so as to give the Released Entities the broadest possible bar against any liability relating in any way to Released Claims and extend to the full extent of the power of the Governmental Entity to release claims. The Janssen Settlement shall be a complete bar to any Released Claim. 8. In connection with the releases provided for in the Janssen Settlement, each Governmental Entity expressly waives, releases, and forever discharges any and all provisions, rights, and benefits conferred by any law of any state or territory of the United States or other jurisdiction, or principle of common law, which is similar, comparable, or equivalent to § 1542 of the California Civil Code, which reads: General Release; extent. A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release that, if known by him or her, would have materially affected his or her settlement with the debtor or released party. A Releasor may hereafter discover facts other than or different from those which it knows, believes, or assumes to be true with respect to the Released Claims, but each Governmental Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges, upon the Effective Date, any and all Released Claims that may exist as of such date but which Releasors do not know or suspect to exist, whether through ignorance, oversight, error, negligence or through no fault whatsoever, and which, if known, would materially affect the Governmental Entities' decision to participate in the Janssen Settlement. 9. This Settlement Participation Form shall be deemed effective as of the Effective Date of the Janssen Settlement. 10. Nothing herein is intended to modify in any way the terms of the Janssen Settlement, to which Governmental Entity hereby agrees. To the extent this Election and Release is interpreted differently from the Janssen Settlement in any respect, the Janssen Settlement controls. B-2 5 I have all necessary power and authorization to execute this Election and Release on behalf of the Governmental Entity. Signature: Name: Title: Date: B-3