SUBJECT: Consent Agenda
Title
A Resolution of the Board of Trustees of the Town of Erie Approving the Colorado Opioids Settlement Memorandum of Understanding and the Associated Colorado Subdivision Escrow Agreement and Subdivision Participation Forms
Body
DEPARTMENT: Administration
PRESENTERS: Malcolm Fleming, Town Administrator
Kendra Carberry, Town Attorney
STAFF RECOMMENDATION:
Recommendation
Approve Resolution to approve the Colorado Opioids Settlement Memorandum of Understanding and the Association Subdivision Agreement and Subdivision Participation Forms
End
SUMMARY AND BACKGROUND OF SUBJECT MATTER:
The Colorado Opioids Settlement Memorandum of Understanding (MOU) establishes the framework for distribution and sharing any settlement funds that will be available to Colorado from the nationwide settlement with the "Big 3" opioid distributors (McKesson, Cardinal Health and AmerisourceBergen) and opioid manufacturer Johnson & Johnson. Various Colorado local government officials worked with the Attorney General's Office to negotiate establish this framework.
Colorado will only receive its maximum share from the settlements (estimated to be more that $300 million) if enough local government entities sign on to the MOU. To maximize Colorado's recovery the Colorado Attorney General is asking local governments to sign the following four documents:
1. The MOU that lays out the allocation of Opioid recoveries in the State of Colorado;
2. The Subdivision Settlement Participation Form that releases subdivisions' legal claims against Johnson & Johnson;
3. The Subdivision Settlement Participation Form that releases subdivisions' legal claims against AmerisourceBergen, Cardinal Health, and McKesson; and
4. The Colorado Subdivision Escrow Agreement that ensures subdivisions' legal claims are released only when 95% participation by certain local governments has been reached. That 95% participation threshold is important because it triggers certain amount...
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