HomeMy WebLinkAboutNational Opioids Settlement Participation Form - McKessonPARTICIPATION INSTRUCTIONS
Thank you for registering your subdivision on the national settlement website and
for considering participating in the proposed Settlement Agreement with
McKesson Corporation, Cardinal Health, Inc., and AmerisourceBergen
Corporation (collectively “Settling Distributors”). This virtual envelope contains a
Participation Form including a release of claims. The Participation Form in this
envelope must be executed, without alteration, and submitted in order for your
subdivision to be considered potentially “participating.”
The sign-on period for subdivisions ends on January 2, 2022. On or after that date,
the states (in consultation with the subdivisions) and the Settling Distributors will
determine whether the subdivision participation rate is sufficient for the settlement
to move forward. If the deal moves forward, your release will become effective. If
it does not, it will not.
As a reminder, if you have not already started your review of the settlement
documentation, detailed information about the Settlements may be found at:
https://nationalopioidsettlement.com/. This national settlement website also
includes links to information about how the Settlements are being implemented in
your state and how settlement funds will be allocated within your state, including
information about, and links to, any applicable allocation agreement or
legislation. This website will be supplemented as additional documents are created.
If you have questions, please contact your counsel (if you have counsel on opioids
matters) or the Idaho Attorney General’s Office at opioidsettlement@idaho.gov.
DocuSign Envelope ID: A8B5CE81-22C2-4776-A439-68B6683E200A
1
Settlement Participation Form
Governmental Entity: Meridian city State: ID
Authorized Signatory: /officialname/
Address 1: /address1/
Address 2: /address2/
City, State, Zip: /cit/ /state/ /zi/
Phone: /Phone/
Email: /email/
The governmental entity identified above (“Governmental Entity”), in order to obtain and in
consideration for the benefits provided to the Governmental Entity pursuant to the Settlement
Agreement dated July 21, 2021 (“Distributor Settlement”), and acting through the
undersigned authorized official, hereby elects to participate in the Distributor Settlement,
release all Released Claims against all Released Entities, and agrees as follows.
1.The Governmental Entity is aware of and has reviewed the Distributor Settlement,
understands that all terms in this Election and Release have the meanings defined
therein, and agrees that by this Election, the Governmental Entity elects to participate in
the Distributor Settlement and become a Participating Subdivision as provided therein.
2.The Governmental Entity shall, within 14 days of the Reference Date and prior to the
filing of the Consent Judgment, dismiss with prejudice any Released Claims that it has
filed.
3.The Governmental Entity agrees to the terms of the Distributor Settlement
pertaining to Subdivisions as defined therein.
4.By agreeing to the terms of the Distributor Settlement and becoming a Releasor, the
Governmental Entity is entitled to the benefits provided therein, including, if applicable,
monetary payments beginning after the Effective Date.
5.The Governmental Entity agrees to use any monies it receives through the
Distributor Settlement solely for the purposes provided therein.
6.The Governmental Entity submits to the jurisdiction of the court in the Governmental
Entity’s state where the Consent Judgment is filed for purposes limited to that court’s role
as provided in, and for resolving disputes to the extent provided in, the Distributor
Settlement.
7.The Governmental Entity has the right to enforce the Distributor Settlement as
provided therein.
DocuSign Envelope ID: A8B5CE81-22C2-4776-A439-68B6683E200A
1401 E. Watertower St.
Meridian
Tracy L. Basterrechea
83634
208-888-6678
Idaho
tbasterrechea@meridiancity.org
1401 E. Watertower St.
2
8.The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for
all purposes in the Distributor Settlement, including but not limited to all provisions of
Part XI, and along with all departments, agencies, divisions, boards, commissions,
districts, instrumentalities of any kind and attorneys, and any person in their official
capacity elected or appointed to serve any of the foregoing and any agency, person, or
other entity claiming by or through any of the foregoing, and any other entity identified
in the definition of Releasor, provides for a release to the fullest extent of its authority.
As a Releasor, the Governmental Entity hereby absolutely, unconditionally, and
irrevocably covenants not to bring, file, or claim, or to cause, assist or permit to be
brought, filed, or claimed, or to otherwise seek to establish liability for any Released
Claims against any Released Entity in any forum whatsoever. The releases provided for
in the Distributor Settlement are intended by the Parties to be broad and shall be
interpreted so as to give the Released Entities the broadest possible bar against any
liability relating in any way to Released Claims and extend to the full extent of the
power of the Governmental Entity to release claims. The Distributor Settlement shall be
a complete bar to any Released Claim.
9.The Governmental Entity hereby takes on all rights and obligations of a Participating
Subdivision as set forth in the Distributor Settlement.
10.In connection with the releases provided for in the Distributor Settlement, each
Governmental Entity expressly waives, releases, and forever discharges any and
all provisions, rights, and benefits conferred by any law of any state or territory of
the United States or other jurisdiction, or principle of common law, which is
similar, comparable, or equivalent to § 1542 of the California Civil Code, which
reads:
General Release; extent. A general release does not extend to claims that
the creditor or releasing party does not know or suspect to exist in his or
her favor at the time of executing the release that, if known by him or her,
would have materially affected his or her settlement with the debtor or
released party.
A Releasor may hereafter discover facts other than or different from those which it
knows, believes, or assumes to be true with respect to the Released Claims, but each
Governmental Entity hereby expressly waives and fully, finally, and forever settles,
releases and discharges, upon the Effective Date, any and all Released Claims that may
exist as of such date but which Releasors do not know or suspect to exist, whether
through ignorance, oversight, error, negligence or through no fault whatsoever, and
which, if known, would materially affect the Governmental Entities’ decision to
participate in the Distributor Settlement.
11.Nothing herein is intended to modify in any way the terms of the Distributor Settlement,
to which Governmental Entity hereby agrees. To the extent this Election and Release is
interpreted differently from the Distributor Settlement in any respect, the Distributor
Settlement controls.
DocuSign Envelope ID: A8B5CE81-22C2-4776-A439-68B6683E200A
3
I swear under penalty of perjury that I have all necessary power and authorization to execute this
Election and Release on behalf of the Governmental Entity.
Signature:/signer_1/
Name:/name_1/
Title:/title_1/
Date:/date_1/
DocuSign Envelope ID: A8B5CE81-22C2-4776-A439-68B6683E200A
12/14/2021
Chief of Police
Tracy L. Basterrechea