Resolution 8 -2024
RESOLUTION AUTHORIZING COUNTY ATTORNEY TO SIGN RELEASE TO PARTICIPATE IN GLOBAL OPIOD SETTLEMENT WITH KROGER
WHEREAS, pursuant to C.R.S. § 30-10-302, the Board of County Commissioners of the County of Montezuma, State of Colorado (”BOCC”). has the authority to establish rules related to the Boards’ business: and
WHEREAS, the Colorado Department of Law has filed lawsuits against opioid manufacturers, distributors, and others, leading to settlement funds to address the opioid epidemic; and
WHEREAS, participating local governments receiving settlement funds operate under the Colorado Opioids Settlement Memorandum of Understanding, ·which was approved by Montezuma County on October 5, 2021; and
WHEREAS, as part of the Board’s approval of the Colorado MOU, the Board, in conjunction with the Colorado Department of Law, previously noted that the Colorado MOU was intended to be a vehicle to address any future settlements that may arise; and
WHEREAS, Montezuma County and Participating Local Governments have entered an Intergovernmental Agreement (“Regional Agreement”) incorporating the provisions of the Colorado MOU in order to create the Southwest Opioid Response District (”SWORD”) to receive and administer their Regional Share; and
WHEREAS, the State of Colorado has reached settlement agreement with Kroger (Global Opioid Settlement Agreement attached as Exhibit K): and
WHEREAS, the Board believes that it is in the best interests of Montezuma County’s citizens to participate in this settlement; and
WHEREAS, the Colorado Local Government opioid participation form contained in Exhibit K must be signed in order for Montezuma County to participate in the settlement through SWORD.
NOW, THEREFORE, be in resolved that the Board of County Commissioners of Montezuma County hereby approves Montezuma County’s participation in the Kroger Global Opioid settlement.
BE IT FURTHER RESOLVED that the County Attorney is authorized to sign Exhibit K and any additional documents necessary to carry out the will of the Board.
Approved and adopted this 6th day of August, 2024.
EXHIBIT K
Subdivision Participation and Release Form
Governmental Entity: Montezuma County State: Colorado
Authorized Official: Ian MacLaren
109 West Main Street, Room 135
Cortez, Colorado 81321
Phone: (970) 564-4174
Email: imaclaren@co.montezuma.co.us
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 March 22, 2024 (“Kroger Settlement”), and acting through the undersigned authorized official, hereby elects to participate in the Kroger Settlement, release all Released Claims against all Released Entities, and agrees as follows.
- The Governmental Entity is aware of and has reviewed the Kroger 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 Kroger Settlement and become a Participating Subdivision as provided therein.
- 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 pr~judice any Released Claims that it has filed. With respect to any Released Claims pending in In re National Prescription Opiate Liligation, 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 National Opioids Settlement (nationalopioidsettlement.com)
- The Governmental Entity agrees to the terms of the Kroger Settlement pertaining to Participating Subdivisions as defined therein.
- By agreeing to the terms of the Kroger 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 Kroger Settlement solely for the purposes provided therein.
- 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 Kroger Settlement. The Governmental Entity likev,1ise agrees to arbitrate before the National Arbitration Panel as provided in, and for resolving disputes to the extent otherwise provided in, the Kroger Settlement.
- The Governmental Entity has the right to enforce the Kroger Settlement as provided therein.
- The Governmental Entity. as a Participating Subdivision, hereby becomes a Releasor for all purposes in the Kroger 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 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 Kroger 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 Kroger 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 Kroger Settlement.
- In connection with the releases provided for in the Kroger 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.
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- A Releaser 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 Kroger Settlement.
- Nothing herein is intended to modify in any way the terms of the Kroger Settlement, to which Governmental Entity hereby agrees. To the extent this participation and Release Form is interpreted differently from the Kroger Settlement in any respect, the Kroger Settlement controls.
I have all necessary power and authorization to execute this Participation and Release Form
on behalf of the Governmental Entity.
View the signed Document
