HomeMy WebLinkAbout22-12 Resolution No. 22-12
RESOLUTION
AUTHORIZING AND RATIFYING EXECUTION OF DOCUMENTS RELATING TO THE
NATIONAL OPIOID SETTLEMENT AGREEMENTS WITH THREE DISTRIBUTORS-
MCKESSON CORPORATION, CARDINAL HEALTH, INC. AND
AMERISOURCEBERGEN CORPORATION—AND ONE MANUFACTURER- JOHNSON
AND JOHNSON, JANSSEN PHARMACEUTICALS, INC. ORTHO-MCNEIL-JANSSEN
PHARMACEUTICALS, INC., AND JANSSEN PHARMACEUTICALS, INC.
(COLLECTIVELY JANSSEN)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that City Manager Richard G. Kozal is authorized and directed to execute documents on behalf of
the City of Elgin in connection with the National Opioids Settlements and that the City Council
hereby further ratifies and approves the execution by City Manager Richard G. Kozal of (1)
Participation Agreements with three distributors McKesson Corporation,Cardinal Health,Inc. and
AmerisourceBergen Corporation — and One Manufacturer- Johnson and Johnson, Janssen
Pharmaceuticals, Inc. Ortho-McNeil-Janssen Pharmaceuticals, Inc., and Janssen Pharmaceuticals,
Inc. (Collectively Janssen) , and (2) a Joinder Agreement to the Illinois Opioid Allocation
Agreement with the State of Illinois and the various Counties named therein, copies of which are
attached hereto and made a part hereof by reference.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: January 26, 2022
Adopted: January 26, 2022
Vote: Yeas: 9 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
ILLINOIS OPIOID ALLOCATION AGREEMENT
This Agreement is entered into by and among the following Parties:(i)the People of the State
of Illinois by Kwame Raoul, the Attorney General of the State of Illinois (the"Attorney General");
and (ii) Cook County, DuPage County, Kane County, Lake County, Madison County, McHenry
County, St. Clair County, Will County, and Winnebago County (the "Original Participating Local
Governments" or"Original-PLGs").
WHEREAS, a number of the Original-PLGs are investigating and prosecuting their claims
as detailed in a consolidated lawsuit currently pending in the Circuit Court of Cook County as case
number 2017-L-013180 (the "OPLG-Lawsuit"), seeking (and intending to seek) penalties,
restitution, disgorgement of revenues,and costs to remediate the public nuisance as well as damages
against numerous pharmaceutical manufacturers, distributors, and other related persons and entities
arising from their actions and/or inactions which contributed to the opioid epidemic and resulting
public health crisis;
WHEREAS, the Attorney General is investigating and prosecuting claims, as detailed in
lawsuits currently pending in the Circuit Court of Cook County as case numbers 2019-CH-04406
and 2019-CH-10481 (the "IAG-Lawsuits"), seeking (and intending to seek) penalties, restitution,
disgorgement of revenues, and costs to remediate the public nuisance as well as injunctions against
numerous pharmaceutical manufacturers, distributors, and other related persons and entities arising
from their actions and/or inactions which contributed to the opioid epidemic and resulting public
health crisis;
WHEREAS, the OPLG-Lawsuit includes claims brought in the name of the People of the
State of Illinois under Section 7 of the Consumer Fraud and Deceptive Business Practices Act
by multiple Original-PLGs (the "Section 7 Claims");
WHEREAS, the Attorney General also asserts Section 7 claims on behalf of the People
of the State of Illinois, which are currently pending, and has filed a motion, seeking to stay the
OPLGs' Section 7 claims while the Attorney General continues to investigate the opioid crisis
and prosecute the IAG-Lawsuits. The OPLGs oppose the motion;
WHEREAS, the Parties desire to allow other local Illinois governmental units to join this
Agreement in the future and to ensure the fair apportionment of all sums collected from any Opioid
Defendant,as defined below, by way of judgment or settlement to best serve the People of the State
of Illinois;
NOW, THEREFORE, in consideration of the above recitals and the mutual covenants and
conditions contained herein, the sufficiency of which is hereby acknowledged, the Parties agree as
follows:
Page 11—ILLINOIS OPIOID ALLOCATION AGREEMENT
1. Definitions
A. "Illinois Remediation Fund" means the escrow fund that will be established to hold
certain monies distributed or directed to be distributed by the Attorney General into
such fund pursuant to Section 3 of this Agreement which are directed for distribution
P g
by an agency of the State of Illinois and shall be exclusively used for programs and
purposes that address Illinois' opioid crisis and its collateral damage, including but not
limited to programs and grants that address the opioid epidemic through prevention,
treatment, harm reduction and sustained recovery.
B. "LGs" mean "Local Governmental Units" and includes all Illinois counties and
municipalities.
C. "LG Recovery Fund" means the escrow fund that will be established to hold certain
monies distributed by the Attorney General into such fund pursuant to Section 3 of this
Agreement, consisting of the LGs' share of any settlements or recoveries from Opioid
Defendants.
D. "LPLGs"means"Litigating Participating Local Governmental Units"and includes the
OPLGs who filed a lawsuit on or before September 1, 2020, all LGs represented by
OPLG-Counsel (regardless of whether such LGs appeared in a lawsuit) and
Subsequent-PLGs, provided such Subsequent-PLGs filed their appearance in Opioid
Litigation on or before September 1,2020.
E. "LPLG-Counsel"means law firms representing LPLGs who were retained to represent
an LPLG in Opioid Litigation on or before September 1, 2020.
F. "NP-LGs"means "Non-Participating Local Governmental Units"and includes all LGs
which are not PLGs (defined below).
G. "National Multistate Opioid Settlement" means any agreement to which(i)the State of
Illinois and at least two other states are parties and (ii) in which the State of Illinois
agrees to release claims that is has brought or could have brought in an action against
an Opioid Defendant or has such claims released in a final order entered by a court.
"National Multistate Opioid Settlement" includes (i) any form or resolution reached in
a bankruptcy proceeding,provided that the Attorney General both agrees to the specific
terms of such resolution or agreement in a bankruptcy proceeding and announces his or
her agreement in the record of such bankruptcy proceeding, or(ii) a final order entered
by the bankruptcy court.
H. "OPLG-Counsel" means "Counsel for the Original Participating Local Governments"
and includes the outside counsel who have executed fee agreements with the Original-
PLGs and who were retained to represent the Original Participating Local
Governments.
Page 2—ILLINOIS OPIOID ALLOCATION AGREEMENT
I. "Opioid Defendant(s)" means: (i) any and all presently named or subsequently added
defendants in the Opioid Litigation(defined below); and(ii) any other person or entity
that, in return for a release from liability related to the Opioid Litigation, makes a
payment directly or indirectly to the State of Illinois or to any PLG. For purposes of
clarity, this Agreement shall not apply to any settlement or judgment involving
McKinsey or Insys nor shall it apply to any settlement or judgment involving an Opioid
Defendant for any claim or other matters unrelated to the opioid epidemic and resulting
public health crisis.
J. "Opioid Litigation" means: (i)the OPLG-Lawsuit, (ii)the IAG-Lawsuits, and (iii) any
judgment or settlement resolving civil claims brought by or that could have been
brought by the PLGs or the Attorney General relating to the opioid epidemic and
resulting public health crisis. For purposes of clarity, Medicaid Fraud qui tam claims
are not included in the definition of"Opioid Litigation" and are not subject to this
Agreement.
K. "Original-PLGs" means "Original Participating Local Governments" and includes the
following local Illinois governmental units: Cook County; DuPage County; Kane
County; Lake County; Madison County; McHenry County; St. Clair County; Will
County; and Winnebago County.
L. "PLGs"means"Participating Local Governments"and includes the Original-PLGs and
the Subsequent-PLGs (defined below).
M. "Subsequent-PLGs"means Local Governmental Units,other than Original-PLGs,which
(i)execute a Joinder Agreement in the form attached as Exhibit D no later than January
2, 2022, in order to maximize recovery for the State of Illinois under such National
Multistate Opioid Settlement unless granted a lengthier period of time to join this
agreement by the Attorney General,and(ii)provide the Attorney General written notice
and evidence of such execution within 2 business days thereafter.
2. Litigation and Resolutions
A. The Attorney General has filed in the OPLG-Lawsuit a Notice to Exercise the Right to
Prosecute Litigation Brought in the Name of the People of the State of Illinois and
Motion to Stay. Any PLG that has brought a claim that purports to be on behalf of the
People of the State of Illinois will agree to the entry of an Agreed Order or filed
Stipulation: (i) staying their claims brought in the name of the State of Illinois pursuant
to the Illinois Consumer Fraud and Deceptive Business Practices Act and the Illinois
Uniform Deceptive Trade Practices Act and any other claims purported to be brought
on behalf of the People of the State of Illinois; and, (ii) subject to the terms of Section
2(B)below, which provides that LPLGs may, in their discretion, continue to prosecute
their remaining causes of action.
B. LPLGs may, in their discretion, continue to prosecute their remaining claims (other
than the claims stayed by operation of the foregoing paragraph) unless and until the
Page 3—ILLINOIS OPIOID ALLOCATION AGREEMENT
Attorney General notifies LPLG-Counsel that Illinois has reached a settlement with one
or more of the Opioid Defendants that requires the release of the PLGs' claims against
such settling Opioid Defendant(s). In such event, the LPLGs, including any LPLG's
respective State's Attorneys,shall release all of their claims against such settling Opioid
Defendant(s) in accordance with the terms of the settlement agreement negotiated by
the Attorney General, provided that any recovery from such settling Opioid
Defendant(s) shall be distributed by the Attorney General in accordance with the terms
of Section 3 of this Agreement.
C. If the Attorney General notifies the PLGs that Illinois has reached a settlement with one
or more of the Opioid Defendants that requires the release of the PLGs' claims against
such settling Opioid Defendant(s), the PLGs, including any PLG's respective State's
Attorneys, shall release all of their claims against such settling Opioid Defendant(s) in
accordance with the terms of the settlement agreement negotiated by the Attorney
General. Any recovery from such settling Opioid Defendant(s) shall be distributed by
the Attorney General in accordance with the terms of Section 3 of this Agreement.
3. Distribution of Settlements or other Recoveries
A. Any sums collected related to Opioid Litigation by the Attorney General from any
Opioid Defendant by way of judgment or settlement in a National Multistate Opioid
Settlement shall be distributed as follows to ensure,among other things,that 70%of all
such judgment or settlement proceeds are used to support specified opioid remediation
or abatement programs:
a. Twenty percent (20.0%) shall be distributed to the State of Illinois, at least one-
quarter (1/4") of which shall be used to support opioid remediation programs
included in the list of Approved Abatement Programs attached as Exhibit B. The
State shall track and report all spending used to support opioid remediation
programs.
b. (i) Fifteen percent (15%) shall be distributed into the LG Recovery Fund and shall
be allocated in accordance with the percentages set forth in the Municipalities and
Townships Allocation Table attached hereto as Exhibit A-1 to (1) municipalities
and townships who are PLGs and who have filed a lawsuit against an Opioid
Defendant by September 1, 2020, and (2) municipalities who are PLGs with a
population of at least 30,000 according to the 2019 United States Census Population
Estimate whether or not they have filed a lawsuit against an Opioid Defendant, Any
amount remaining in the LG Recovery Fund following this distribution shall be
allocated among counties who are PLGs in accordance with the percentages set forth
in the Counties Allocation Table attached hereto as Exhibit A-2.
(ii) In addition to any amounts remaining following the allocation in paragraph
3(A)(b)(i) of this agreement, Ten percent (10%) shall be distributed into the LG
Recovery Fund to be allocated among counties who are PLGs in accordance with
the procedures set forth in Exhibit A-2 of this Agreement. Counties who receive an
Page 1 4—ILLINOIS OPIOID ALLOCATION AGREEMENT
allocation from this portion of the LG Recovery Fund are obligated to use such
distributions to support opioid remediation programs in their community through
uses included in the list of Approved Abatement Programs attached as Exhibit B.
Each LG receiving an allocation from this portion of the LG Recovery Fund shall
track and quarterly report to the Attorney General all monies spent to support opioid
remediation programs.
c. Fifty-Five Percent (55%) shall be distributed into the Illinois Remediation Fund. A
Remediation Fund Advisory Board shall be appointed to provide nonbinding
recommendations regarding the administration and distribution of the Illinois
Remediation Fund. The Remediation Fund Advisory Board, when making
recommendations,will seek to ensure an equitable allocation of resources to all parts
of the state, taking into consideration population as well as other factors relevant to
opioid abatement, including rates of Opioid Use Disorder, Overdose Deaths, and
amounts of opioids shipped into each region as measured in Morphine Milligram
Equivalents.All funds disbursed from the Remediation Fund shall go to support uses
included in the list of Approved Abatement Programs attached as Exhibit B. In
addition, funds disbursed from the Remediation Fund shall go to support abatement
uses that provide services in each of the seven regions identified in Exhibit C,with
the allocation of resources being equitable across regions, taking into consideration
population as well as other factors relevant to opioid abatement, including rates of
Opioid Use Disorder, Overdose Deaths, and amounts of opioids shipped into each
region as measured in Morphine Milligram Equivalents. The Attorney General or
his delegate shall appoint the members of the Remediation Fund Advisory Board at
his sole discretion, provided that at least one half(1/2) of the voting members of the
Advisory Board shall be representatives of the PLGs as determined by the PLGs.
B. Any sums collected related to Opioid Litigation by a PLG from any Opioid Defendant
by way of judgment or settlement shall be turned over to the Attorney General for
distribution pursuant to this Section 3.
C. Funds allocated to LGs or LPLG-Counsel under Exhibit R (Agreement on Attorney's
Fees, Expenses, & Costs) of the Distributor Settlement Agreement and the Janssen
Settlement Agreement,or to the State under Exhibit N(Additional Restitution Amount)
or Exhibit T (Agreement on the State Cost Fund Administration) of those settlement
agreements shall be in addition to the allocations set forth in paragraph 3 of this
Agreement and are not subject to the allocations in this Agreement. Funds allocated
pursuant to provisions which are substantially similar in any subsequent settlement
shall not be subject to the allocations in this Agreement.
4. Miscellaneous
A. Each PLG agrees to take all necessary actions and to cooperate with each other to cause this
Agreement to become effective, to obtain all necessary approvals, consents, and
authorizations, if any, and to execute all documents, including any necessary sign-on forms
Page 15—ILLINOIS OPIOID ALLOCATION AGREEMENT
that may be required in connection with any National Multistate Opioid Settlement, and to
take such other action as may be appropriate in connection herewith.
B. This Agreement may be executed in counterparts,each of which shall constitute one and the
same document. The Parties acknowledge that facsimile or electronically transmitted
signatures shall be valid for all purposes.
C. The State of Illinois shall not be responsible for any attorney's fees or expenses payable by
an LG to LPLG-Counsel or any other legal counsel and payment of all attorney's fees and
expenses to LPLG-Counsel or any other legal counsel shall be made in accordance with the
provisions of Exhibit A(the Administration of the LG Recovery Fund) and Exhibit A-3 (the
Back-Stop Agreement).
D. This Agreement shall be enforceable only upon execution by the Attorney General.
E. All expenditures made by the State or LGs from funds allocated under this Agreement must
comply with the provisions of applicable Settlement Agreements.
F. Other provisions of this Agreement notwithstanding, all funds received from In Re:Purdue
Pharma L.P., et al., 19-23649(RDD),shall be used only for permissible abatement purposes.
G. This Agreement shall be considered an "intrastate allocation agreement"as that term is used
in 735 ILCS 5/13-226(b)(2) and (d).
H. This Agreement shall be considered a"Statewide Abatement Agreement" for purposes of In
Re: Purdue Pharma, L.P., et al., 19-23649, and a "State-Subdivision Agreement" for
purposes of the Distributor and Janssen Settlement Agreements.
1. Backstop Agreement
a. An LPLG, in accordance with paragraph D in Exhibit A relating to Administration of
the LG Recovery Fund, may separately agree to use its share of the LG Recovery Fund
to pay for fees or costs incurred by its contingency-fee counsel ("State Backstop
Agreement") so long as such contingency fees do not exceed a total contingency fee of
25%of the total gross recovery of the PLG, inclusive of contingency fees from any
Multistate Attorney Contingency Fee Fund and the State Backstop Agreement.
b. Before seeking fees or litigation costs and expenses from a State Backstop Agreement,
private counsel representing a LPLG must first seek contingency fees and costs from
any Attorney Contingency Fee Fund or Cost Funds created under a National Opioid
Multistate Settlement. Further, private counsel may only seek reimbursement for
litigation fees and costs that have not previously been reimbursed through prior
settlements or judgments.
c. To effectuate a State Backstop Agreement pursuant to this section, an agreement in the
form of Exhibit A-3 may be entered into by a LPLG, private counsel, and the Attorney
General. The Attorney General shall, upon the request of a LPLG, execute any
Page 6—ILLINOIS OPIOID ALLOCATION AGREEMENT
agreement executed by a LPLG and its private counsel if it is in the form of Exhibit A-
3.For the avoidance of doubt,this section does not require a LPLG to request or enter
into a State Backstop Agreement, and no State Backstop Agreement shall impose any
duty or obligation on the State of Illinois or any of its agencies or officers, including
without limitation the Attorney General.
IN WITNESS WHEREOF, the Parties have executed this Agreement by their
representatives as of the dates set forth below
SIGNATURE PAGES FOLLOW
Page 17—ILLINOIS OPIOID ALLOCATION AGREEMENT
12 3012o2I
K AME RAOUL Date
ILLINOIS ATTORNEY GENERRAL
On behalf of the STATE OF ILLINOIS
KIMBERLY M. FOXX Date
As State's Attorney of Cook County and on behalf of Cook County
ROBERT B. BERLIN Date
As State's Attorney of DuPage County and on behalf of DuPage County
JAMIE L. MOSSER Date
As State's Attorney of Kane County and on behalf of Kane County
ERIC RINEHART Date
As State's Attorney of Lake County and on behalf of Lake County
PATRICK D. KENNEALLY Date
As State's Attorney of McHenry County and on behalf of McHenry County
TOM HAINE Date
As State's Attorney of Madison County and on behalf of Madison County
JAMES GOMRIC Date
As State's Attorney of St. Clair County and on behalf of St. Clair County
Page 18—ILLINOIS OPIOID ALLOCATION AGREEMENT
KWAME RAOUL Date
ILLINOIS ATTORNEY GENERRAL
On behalf of the STATE OF ILLINOIS
12/22/2021
1MB/RLZY4MO� Date
As State's Attorney of Cook County and on behalf of Cook County
ROBERT B. BERLIN Date
As State's Attorney of DuPage County and on behalf of DuPage County
JAMIE L. MOSSER Date
As State's Attorney of Kane County and on behalf of Kane County
ERIC RINEHART Date
As State's Attorney of Lake County and on behalf of Lake County
PATRICK D. KENNEALLY Date
As State's Attorney of McHenry County and on behalf of McHenry County
TOM HAINE Date
As State's Attorney of Madison County and on behalf of Madison County
JAMES GOMRIC Date
As State's Attorney of St. Clair County and on behalf of St. Clair County
Page 1 8—ILLINOIS OPIOID ALLOCATION AGREEMENT
KWAME RAOUL Date
ILLINOIS ATTORNEY GENERRAL
On behalf of the STATE OF ILLINOIS
KIMBERLY M.FOXX Date
As State's Attorney of Cook County and on behalf of Cook County
ROBERT B. BERLIN I)at
As State's Attorney of DuPage County and on behalf of DuPage County
JAMIE L. MOSSER Date
As State's Attorney of Kane County and on behalf of Kane County
ERIC RINEHART Date
As State's Attorney of Lake County and on behalf of Lake County
PATRICK D. KENNEALLY Date
As State's Attorney of McHenry County and on behalf of McHenry County
TOM HAINE Date
As State's Attorney of Madison County and on behalf of Madison County
JAMES GOMRIC Date
As State's Attorney of St. Clair County and on behalf of St. Clair County
Page 18—ILLINOIS OPIOID ALLOCATION AGREEMENT
KWAME RAOUL Date
ILLINOIS ATTORNEY GENERRAL
On behalf of the STATE OF ILLINOIS
KIMBERLY M.FOXX Date
As State's Attorney of Cook County and on behalf of Cook County
ROBERT B. BERLIN Date
As State's Attorney of DuPage County a id on behalf of DuPage County
AUlt,k M I 2 021
JAMIE L. MO Date
As State's Att ey of Kane County and on behalf of Kane County
ERIC RINEHART Date
As State's Attorney of Lake County and n behalf of Lake County
PATRICK D. KENNEALLY Date
As State's Attorney of McHenry County and on behalf of McHenry County
TOM HAINE Date
As State's Attorney of Madison County i nd on behalf of Madison County
JAMES GOMRIC Date
As State's Attomey of St.Clair County aid on behalf of St.Clair County
Page 18—ILLINOIS OPIOID ALLOCATIO 14 AGREEMENT
I
KWAME RAOUL Date
ILLINOIS ATTORNEY GENERRAL
On behalf of the STATE OF ILLINOIS
KIMBERLY M.FOXX Date
As State's Attorney of Cook County and on behalf of Cook County
ROBERT.B. BERLIN Date
As State's Attorney of DuPage County and on behalf of Du.Page County
JAMIE L. MOSSER Date
As State's Attorney of Kane County and on behalf of Kane County
2, 1
ERIC RINEHART to �Y
As State's Attorney of Lake County and on behalf of Lake County
PATRICK D.KENNEALLY Date
As State's Attorney of McHenry County and on behalf of McHenry County
TOM HAINE Date
As State's Attorney of Madison County and on behalf of Madison County
JAMES GOMRIC Date
As State's.Attorney of St. Clair County and on behalf of St. Clair County
Page 18-1LLINOIS OPIOID ALLOCATION AGREEMENT
KWAME RAOUL Date
ILLINOIS ATTORNEY GENERRAL
On behalf of the STATE OF ILLINOIS
KIMBERLY M.FOXX Date
As State's Attorney of Cook County and on behalf of Cook County
ROBERT B. BERLIN Date
As State's Attorney of DuPage County and on behalf of DuPage County
JAMIE L. MOSSER Date
As State's Attorney of Kane County and on behalf of Kane County
ERIC RINEHART Date
As State's Attorney of Lake County and on behalf of Lake County
PATRICK D.KENNEALLY Date
As State's Attorney of McHenry County and on behalf of McHenry County
TOM HAINE Date
As State's Attorney of Madison County and on behalf of Madison County
JAMES GOMRIC Date
As State's Attorney of St. Clair County and on behalf of St. Clair County
Page 18—ILLINOIS OPIOID ALLOCATION AGREEMENT
KWAME RAOUL Date
ILLINOIS ATTORNEY GENERRAL
On behalfofthe STATE OF ILLINOIS
KIMBERLY M. FOXX Date
As State's Attorney ofCook County and on behalf of Cook County
ROBERT B. BERLIN Date
As State's Attorney of DuPage County and on behalf ol'DuPage County
JAMIE L. MOSSER Date
As State's Attorney of Kane County and on behalf of Kane County
ERIC RINEHART Date
As State's Attorney of Lake County and on behalf of Lake County
PATRICK D. KENNEALLY Date
As State's Attorney of McHenry County and on behalf of Mcl-lenry County
TOpef HAINE Date
State's'Attornoy of Madison County and on behalf of Madison County
JAMES GOMRIC Date
As State's Attorney of St. Clair County and on behalf of St. Clair County
Page 1 8—ILLINOIS OPIOID ALLOCATION AGREEMENT
i
I,'WAME RAOUL Date
ILLINOIS ATTORNEY GENERRAL
On behalf of the STATE OF ILLINOIS
KWBERLYM.FOXX Date
As State's Attorney of Cook County and on behalf of Cook County
ROBERT B,BERLIN Date
As State's Attorney of DuPage County and on behalf of DuPage County
JANIIE L.MOSSER Date
As State's Attorney of Kane County and on behalf of Kane County
ERIC RINEHART Date
As State's Attorney of Lake County and on behalf of Lake County
PATRICK D,I{ENNEALLY Date
As State's Attorney of McHenry County and on behalf of McHenry County
TO RE AIMN Date
A 's Attorney of Madison County and on behalf of Madison County
MRIC Da
at 's Attorney of St,Clair County and on behalf of St, Clair County
Page 8—ILLINOIS OPIOID ALLOCATION AGREEMENT
MES W. Uf.ASG Date
VAs State's Attorney of Will County and on behalf of Will County
J. HANLEY Date
As State's Attorney of Winnebago County and on behalf of Winnebago County
�
Page 9—ILLINOIS OPIOLD ALLOCATION AGREEMENT
JAMES W.GLASGOW Date
As State's Attorney of Will County and on behalf of Will County
J. 1-1 I.'Y Date
As S ales Attorney of Winnebago County and on behalf of Winnebago County
Page 1 9—ILLINOIS OPIOID ALLOCATION AGREEMENT
EXHIBIT A TO ILLINOIS OPIOID ALLOCATION AGREEMENT
ADMINISTRATION OF THE LG RECOVERY FUND
Each Original-PLG who executed the Illinois Opioid Allocation Agreement and any Subsequent-
PLG who executed the Joinder to the Illinois Opioid Allocation Agreement acknowledges and agrees that
all sums deposited by the Attorney General into the LG Recovery Fund shall be administered as follows:
A. A Special Master shall be nominated by the majority of PLG votes, with each County PLG with a
population often thousand or more residents and each other PLG with a population of thirty thousand
or more residents receiving one vote for each ten thousand residents within its jurisdictional borders
based upon the 2019 United States Census Population Estimate. The Special Master shall be
nominated within sixty (60) days of the initial funding of the LG Recovery Fund. The person so
nominated shall not be appointed Special Master unless he or she receives the written approval of the
Attorney General. If the Attorney General does not approve the nomination, then the process shall
repeat and the PLGs shall nominate another person to be Special Master, until a nomination is
approved by the Attorney General. Such subsequent nomination shall occur within 30 days of the
Attorney General declining to give written approval of the initially nominated Special Master.
B. All costs associated with the work of the Special Master shall be paid from funds in the LG Recovery
Fund prior to any distribution to counties that are PLGs or their counsel.
C. The Special Master shall direct the Settlement Administrator and administer the LG Recovery Fund
to ensure that all distributions from the LG Recovery Fund to PLGs shall be made in accordance with
the relative percentages set forth in Exhibit A-1 and Exhibit A-2, except that any distribution to any
county who is a Non-Participating Local Governmental Unit(the "NP-LGs") shall be discounted by
two-fifths (2/5) and such discounted amount shall be added to the pool of distributions payable to the
Participating Local Governmental Units (the "PLGs") in accordance with the same percentages set
forth in Exhibit A-2.
D. For any National Opioid Multistate Settlement with an Opioid Defendant,each such LPLG authorizes
and agrees that the Special Master shall direct the Settlement Administrator to pay their LPLG-
Counsel from its individual distributions from the LG Recovery Fund in accordance with the fee
agreements entered into between the LPLG and LPLG-Counsel.
E. For any National Opioid Multistate Settlement for which the Attorney General requests PLGs release
their claims, the Special Master shall have the discretion to assess common benefit attorneys' fees
against distributions made to any county which is a PLG and which is not represented by LPLG-
Counsel, provided any such common benefit attorneys' fees, if any, shall be assessed on no more than
forty percent (40.0%) of the total distribution made to any county PLG not represented by LPLG-
Counsel, and under no circumstances shall the common benefit fee assessed by the Special Master
exceed 25%. The Special Master shall be given broad discretion to assess and apportion common
benefit attorneys' fees and,absent fraud or gross misconduct,the decisions of the Special Master shall
be final, binding, and not appealable. For the avoidance of doubt, nothing in this section requires the
recovery by LPLG-Counsel of money in excess of their fee agreements if LPLG-Counsel receive
payments from a national attorneys' fees fund or otherwise not directly from the LG Recovery Fund.
In the event that a common benefit fee is assessed against a county PLG not represented by LPLG-
Page 110—ILLINOIS OPIOID ALLOCATION AGREEMENT
Counsel,the Special Master is directed to notify the Settlement Administrator of any such assessment.
Page I I I—ILLINOIS OPIOID ALLOCATION AGREEMENT
EXHIBIT A-1 TO ILLINOIS OPIOID ALLOCATION AGREEMENT
MUNICIPALITIES AND TOWNSHIPS ALLOCATION TABLE
Page( 12—ILLINOIS OPIOID ALLOCATION AGREEMENT
EXHIBIT A-2 TO ILLINOIS OPIOID ALLOCATION AGREEMENT
COUNTIES ALLOCATION TABLE
Page 13—ILLINOIS OPIOID ALLOCATION AGREEMENT
EXHIBIT A-3 TO ILLINOIS OPIOID ALLOCATION AGREEMENT
BACK-STOP AGREEMENT
At the request of[LPLG], the [LPLG], its counsel [COUNSEL], and the Attorney General
are entering into this Backstop Agreement (Backstop Agreement).
The Parties acknowledge that this Agreement will apply to all National Multistate Opioid
Settlement agreements which establish a multistate fund for the payment of attorney's fees and
expenses (a "Multistate Contingency Fee Fund") but that payments to LPLG-Counsel from such
funds will not be sufficient to pay the entirety of the fees and expenses incurred by contingency-fee
counsel who have been retained by LPLGs. Therefore, consistent with Exhibit R, section I(R) of
the National Multistate Opioid Settlement agreement entered into between three pharmaceutical
distributors, namely, McKesson Corporation, Cardinal Health, Inc., and AmerisourseBergen
Corporation (the "Distributor Settlement Agreement"), the Parties agree to this Backstop
Agreement.
Pursuant to this Backstop Agreement, [LPLG] may, subject to the limitations of any
National Multistate Opioid Settlement, as well as any other limitations imposed by law, use funds
that it receives from a National Multistate Opioid Settlement to pay a contingent fee to
[COUNSEL]. Any such payment from [LPLG] to [COUNSEL], together with any contingency
fees that [COUNSEL] may receive from the Multistate Contingency Fee Fund, will not exceed a
total contingency fee of[PERCENTAGE NOT TO EXCEED 25%] of the total gross recovery of
[LPLG] from the LG Recovery Fund in a National Multistate Opioid Settlement.
[COUNSEL] certify that they first sought fees and costs from the Multistate Contingency
Fee Fund before seeking or accepting payment under this backstop agreement. [COUNSEL]
further certify that they are not seeking and will not accept payment under this Backstop
Agreement of any litigation fees or costs that have been reimbursed through prior settlements or
judgments.
The Attorney General is executing this agreement solely because the definition of"State
Backstop Agreement"in Exhibit R of the Distributor Settlement Agreement requires such
agreements to be between "a Settling State"and private counsel for a participating subdivision.
Neither the Attorney General nor the State of Illinois have any obligations under this Backstop
Agreement, and this Backstop Agreement does not require the payment of any state funds to
[LPLG], [COUNSEL], or any other party.
Page 114—ILLINOIS OPIOID ALLOCATION AGREEMENT
KWAME RAOUL Date
ILLINOIS ATTORNEY GENERRAL
On behalf of the STATE OF ILLINOIS
[LPLG] Date
[COUNSEL] Date
Page 115—ILLINOIS OPIOID ALLOCATION AGREEMENT
EXHIBIT B TO ILLINOIS OPIOID ALLOCATION AGREEMENT
APPROVED ABATEMENT PROGRAMS
Page 116—ILLINOIS OPIOID ALLOCATION AGREEMENT
EXHIBIT C TO ILLINOIS OPIOID ALLOCATION AGREEMENT
ILLINOIS ABATEMENT FUND-SEVEN SERVICE REGIONS
Page 117—ILLINOIS OPIOID ALLOCATION AGREEMENT
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EXHIBIT D TO ILLINOIS OPIOID ALLOCATION AGREEMENT
JOINDER AGREEMENT
Reference is made to that Agreement attached hereto as Exhibit 1 to this Joinder Agreement
between the People of the State of Illinois and the Original-PLGs, namely: Cook County; DuPage
County; Kane County; Madison County; McHenry County; Lake County; St. Clair County; Will
County; and Winnebago County (the"Illinois Opioid Allocation Agreement").
WHEREAS, the State of Illinois and the Original-PLGs entered into the Illinois
Opioid Allocation Agreement to pursue their common interests and to maximize
the benefits obtained for their constituents with respect to their claims against the
persons and entities responsible for the opioid crisis which has ravaged Illinois
communities.
WHEREAS, Illinois and the Original-PLGs have agreed to allow additional
counties and municipalities to join and participate in the Illinois Opioid Allocation
Agreement (such additional counties and municipalities are referred to as
"Subsequent-PLGs"in the Illinois Opioid Allocation Agreement)by executing this
Joinder to the Illinois Opioid Allocation Agreement and thereby become a
Participating Local Government (a "PLG" as defined in the Illinois Opioid
Allocation Agreement) entitled to share in the expected benefits to be derived
therefrom.
NOW THEREFORE, the undersigned municipality/county hereby agrees to become a party
to and be bound by and subject to the terms and conditions of the Illinois Opioid Allocation
Agreement as well as to the terms and conditions of the Exhibits attached thereto which govern the
administration and distribution of the LG Recovery Fund,as defined in the Illinois Opioid Allocation
Agreement, amongst Illinois counties and municipalities ("LGs" as defined in the Illinois Opioid
Allocation Agreement).
Dated: January 26 , 2022
LOCAL GOVERNMENTAL UNIT -CITY OF ELGIN
By:
Its authorized representative - c and G. Kozal,City Manager
Page 119—ILLINOIS OPIOID ALLOCATION AGREEMENT
EXHIBIT I TO JOINDER AGREEMENT
COPY OF ILLINOIS OPIOID ALLOCATION AGREEMENT
Page 120—ILLINOIS OPIOID ALLOCATION AGREEMENT
EXHIBIT A-1
State of Illinois
Qualifying Municipality
Exhibit G Allocation Percentages
Distributors
Qualifying Subdivision Exhibit G
Percentage
Addison Village 0.1789163143%
Algonquin Village 0.1102023571%
Anna City 0.0351784549%
Arlington Heights Village 0.2647476580%
Aurora City 1.1 285 1 1 2946%
Bartlett Village 0.1012637420%
Bedford Park Village 0,0908134228%
Belleville City 0.2800912041%
Bellwood Village 0.0636018022%
Bensenville Village 0.0698164453%
Benton City 0.0648747331%
Berkeley Village 0.0152507249%
Berwyn City 0.2349799824%
Bloomington City 0.4210280112%
Bolingbrook Village 0.3965448276%
Bridgeview Village 0.0500143261%
Broadview Village 0.0576947589%
Buffalo Grove Village 0.2068406914%
Burbank City 0.0690685990%
Calumet City 0.0970812870%
Carbondale City 0.1954958522%
Carol Stream Village 0.1407965379%
Car entersville Village 0:1363950647%
Champaign City 0.4052254107%
Chicago City 15.6332843102%
Chicago Heights City 0.1217857439%
Chicago Ride Village 0.0524909103%
Cicero Town 0.2786347507%
Countryside City 0.0301223625%
Crystal Lake City 0.3158354713%
Danville City 0.2559565285%
Decatur City 0.4645929351%
Dekalb City 0.1798256279%
Des Plaines City 0.2324422843%
Dolton Villa e 0.0603302846%
EXHIBIT A-1
State of Illinois
Qualifying Municipality
Exhibit G Allocation Percentages
Downers Grove Village 0.3224473331%
Elgin City 0.5305768766%
Elk Grove Village 0.1 757993 1 82%
Elmhurst City 0.2577623917%
Evanston City 0.2696457560%
Evergreen Park Village 0.0597799426%
Forest Park Village 0.0453425079%
Franklin Park Village 0.0785284649%
Galesburg City 0.1473738962%
Glendale Heights Village 0.0836866697%
Glenview Village 0.1572220054%
Granite City 0.4907786518%
Gurnee Village 0.2256865903%
Hanover Park Village 0.1439424898%
Harrisburg City 0.1363861795%
Harvey City 0.0542520318%
Harwood Heights Village 0,0264961580%
Herrin City 0.1579067080%
Hillside Village 0.0587648633%
Hodgkins Village 0.0232613539%
Hoffman Estates Village 0.1751755942%
Joliet City 0.8239848961%
Kankakee City 0.3012693137%
La Gran a Park Village 0.0306665705%
Lombard Village 0.2672806655%
Lyons Township 0.0242947899%
Lyons Village 0.0362495516%
Marion City 0.3397669146%
Maywood Village 0.0867531057%
McCook Village 0.0198186268%
Melrose Park Village 0.1186181878%
Merrionette Park Village 0.0076009169%
MetropolisCity 0.0947332002%
Moline City 0.2352551083%
Mount Prospect Village 0.1704792853%
Mundelein Village 0.1639685886%
Naperville City 0.7685669619%
Normal Town 0.2474856274%
North Riverside Village 0.0551815063%
Northbrook Village 0.1427173226%
EXHIBIT A-1
State of Illinois
Qualifying Municipality
Exhibit G Allocation Percentages
Northlake City 0.0381023667%
Oak Lawn Village 0.1589709041%
Oak Park Village 0.2093093375%
Orland Park Village 0.1051852784%
Oswego Village 0.1197866160%
Palatine Village 0.2160969641%
Palos Heights City 0.0290094105%
Palos Hills City 0.0251753281%
Park Ridge City 0.1 1 1 634906 1%
Pekin City 0.3387071386%
Peoria City 1.0471081247%
Plainfield Village 0.1401767830%
Posen Village 0.0146759373%
Princeton City 0.2434249044%
Quincy City 0.2800247680%
River Forest Village 0.0488586169%
River Grove Village 0.0284407118%
Riverside Village 0.0269914748%
Rock Island City 0.2048536960%
Rockford City 1.8636718830%
Romeoville Village 0.2124235372%
Schaumburg Village 0.2968023515%
Schiller Park Village 0.0601957886%
Sesser City 0.0116834244%
Skokie Village 0.1964801264%
Springfield City 0.9971442684%
St.Charles City 0.2062203953%
Stone Park Village 0.0241358032%
Streamwood Village 0.0878171213%
Streator City 0.1400665973%
Summit Village 0.0312780717%
Tinley Park Village 0.1419492253%
Urbana City 0.2112740522%
Waukegan City 0.41 1 1 769252%
West Frankfort City 0.1255886605%
Wheaton City 0.2463 1 2463 5%
Wheeling Village 0.1229353643%
Woodridge Village 0.1148193756%
EXHIBIT A-2
State of Illinois
Counties Only Percentages
Qualifying Subdivision Counties Only
Percentage
Adams County 0.5325627744%
Alexander County 0.0431846002%
Bond Countv 0.1313618076%
Boone County 0.3993006496%
Brown County 0.0455436631%
Bureau County 0.2675493675%
Calhoun County 0.0374496996%
Carroll County 0.1059047501%
Cass County 0.0902574340%
Champaign County 1.5953670185%
Christian County 0.2717469407%
Clark County 0.1346384837%
Clay County 0.1009205688%
Clinton County 0.2710071787%
Coles County 0.3899340741%
Cook County 39.7070170529%
Crawford County 0.1502157232%
Cumberland County 0.0765804365%
De Witt County 0.1343763530%
Dekalb County 0.7648068692%
Douglas County 0.1396209979%
Du a e County 6.9961301825%
Edgar County 0.1369536821%
Edwards County 0.0557876634%
Effingham County 0.274592 1 1 07%
Fayette Count 0,1730292191%
Ford County 0.1050766592%
Franklin County 0.3753293914%
Fulton County 0.2857420449%
Gallatin County 0.0461748227%
Greene County 0.1 120932638%
Grundy County 0.4447604831%
Hamilton County 0.0586888564%
Hancock County 0.1237654700%
Hardin County 0.0525232340%
Henderson County 0.0468231560%
EXHIBIT A-2
State of Illinois
Counties Only Percentages
HenryCounty 0.3631064984%
Iroquois County 0.2340046386%
Jackson County 0.4766842676%
Jasper County 0.0729264789%
Jefferson County 0.3076865268%
Jersey County 0.2029662011%
Jo Daviess County 0.1594100240%
Johnson County 0.0934835787%
Kane County 3.7592516293%
Kankakee County 0.8907176656%
Kendall County 0.9152447008%
Knox County 0.4095413266%
Lake County 5.4323006331%
Lasalle Countv 1.0382633595%
Lawrence County 0.1362169504%
Lee County 0.2713491451%
Livingston County 0.3277646387%
Logan County 0.2230314720%
Macon County 0.8339920017%
Macou in County 0.3637461000%
Madison County 2.5601663484%
Marion County 0.3444624326%
Marshall County 0.0878603767%
Mason County 0.1123492816%
Massac County 0.1236043365%
McDonough County 0.2216295193%
McHenry County 2.3995936239%
McLean County 1.3208345544%
Menard County 0,0917783576%
Mercer County 0.1144419910%
Monroe County 0.2714501969%
Mont omery County 0.2342865810%
Morgan County 0.2708645052%
Moultrie County 0.1003140855%
Ogle County 0.3811415242%
Peoria County 1.5640744904%
Perry County 0.1751336763%
Piatt County 0.1214359333%
Pike County 0.1155220743%
Pope County 0.0347091515%
Pulaski County 0.0404416607%
EXHIBIT A-2
State of Illinois
Counties Only Percentages
Putnam County 0.0452090528%
Randolph County 0.2879823727%
Richland County 0.1208518975%
Rock Island County 1.0782047657%
Saline County 0.2659477915%
Sangamon County 1.5850818631%
Schuyler County 0.0485294910%
Scott County 0.0349810216%
Shelby County 0.1586806535%
St Clair County 2.1366773448%
Stark County 0.0381570939%
Stephenson County 0.3550412743%
Tazewell County 1.1033013785%
Union County 0.1447352927%
Vermilion County 0,6907560341%
Wabash County 0.0923901750%
Warren County 0.1239679440%
Washington County 0.1076671021%
Wayne County 0.1225391595%
White County 0.1115911540%
Whiteside County 0.4275606484%
Will County 5.3461509816%
Williamson County 0.6715468751%
Winnebago County 2.7201669312%
Woodford Count 0.3076824807%
EXHIBIT B
APPROVED ABATEMENT
PROGRAMS
List of Opioid Remediation Uses
Schedule A
Core Strategies
Priority shall be given to the following core abatement strategies("Core Strategies").
A. NALOXONE OR OTHER FDA-APPROVED DRUG TO
REVERSE OPIOID OVERDOSES
1. Expand training for first responders, schools, community
support groups and families;and
2. Increase distribution to individuals who are uninsured or
whose insurance does not cover the needed service.
B. MEDICATION-ASSISTED TREATMENT ("M,97")
DISTRIBUTION AND OTHER OPIOID-RELATED
TREATMENT
l. Increase distribution of MAT to individuals who are
uninsured or whose insurance does not cover the needed
service;
2. Provide education to school-based and youth-focused
programs that discourage or prevent misuse;
3. Provide MAT education and awareness training to
healthcare providers,EMTs, law enforcement, and other
first responders; and
4. Provide treatment and recovery support services such as
residential and inpatient treatment, intensive outpatient
treatment, outpatient therapy or counseling, and recovery
housing that allow or integrate medication and with other
support services.
C. PREGNANT &POSTPARTUM WOMEN
1. Expand Screening, Brief Intervention, and Referral to
Treatment("SBIR7")services to non-Medicaid eligible or
uninsured pregnant women;
2. Expand comprehensive evidence-based treatment and
recovery services, including MAT, for women with co-
occurring Opioid Use Disorder("DUD")and other
Substance Use Disorder("SUD")/Mental Health disorders
for uninsured individuals for up to 12 months postpartum;
and
3. Provide comprehensive wrap-around services to individuals
with OUD, including housing,transportation,job
placement/training, and childcare.
D. EXPANDING TREATMENT FOR NEONATAL
ABSTINENCE SYNDROME("NAS")
1. Expand comprehensive evidence-based and recovery
support for NAS babies;
2. Expand services for better continuum of care with infant-
need dyad; and
3. Expand long-teen treatment and services for medical
monitoring of NAS babies and their families.
E. EXPANSION OF WARM HAND-OFF PROGRAMS AND
RECOVERY SERVICES
1. Expand services such as navigators and on-call teams to
begin MAT in hospital emergency departments;
2. Expand warm hand-off services to transition to recovery
services;
3. Broaden scope of recovery services to include co-occurring
SUD or mental health conditions;
4. Provide comprehensive wrap-around services to individuals
in recovery, including housing,transportation,job
placement/training, and childcare; and
5. Hire additional social workers or other behavioral health
workers to facilitate expansions above.
F. TREATMENT FOR INCARCERATED POPULATION
1. Provide evidence-based treatment and recovery support,
including MAT for persons with OUD and co-occurring
SUDIMH disorders within and transitioning out of the
criminal justice system;and
2. Increase funding for jails to provide treatment to inmates
with OUD.
G. PREVENTION PROGRAMS
l. Funding for media campaigns to prevent opioid use (similar
to the FDA's "Real Cost"campaign to prevent youth from
misusing tobacco);
2. Funding for evidence-based prevention programs in
schools;
3. Funding for medical provider education and outreach
regarding best prescribing practices for opioids consistent
with the 2016 CDC guidelines, including providers at
hospitals (academic detailing);
4. Funding for community drug disposal programs; and
5. Funding and training for first responders to participate in
pre-arrest diversion programs,post-overdose response
teams, or similar strategies that connect at-risk individuals
to behavioral health services and supports.
H. EXPANDING SYRINGE SERVICE PROGRAMS
1. Provide comprehensive syringe services programs with
more wrap-around services, including linkage to OUD
treatment, access to sterile syringes and linkage to care and
treatment of infectious diseases.
1. EVIDENCE-BASED DATA COLLECTION AND
RESEARCH ANALYZING THE EFFECTIVENESS OF THE
ABATEMENT STRATEGIES WITHIN THE STATE
Schedule B
Approved Uses
Support treatment of Opioid Use Disorder(OUD) and any co-occurring Substance Use Disorder
or Mental Health(SUD/MH)conditions through evidence-based or evidence-informed programs
or strategies that may include, but are not limited to,the following:
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 through evidence-based or evidence-
informed programs or strategies that may include, but are not limited to, those that:
l. Expand availability of treatment for OUD and any co-occurring SUD/MH
conditions, including all forms of Medication-Assisted Treatment
approved by the U.S. Food and Drug Administration.
2. Support and reimburse evidence-based services that adhere to the American
Society of Addiction Medicine ("ASAM")continuum of care for OUD and any co-
occurring SUD/MH conditions.
3. Expand telehealth to increase access to treatment for OUD and any co-occurring
SUD/MH conditions, 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 or evidence-informed practices such as adequate methadone dosing and low
threshold approaches to treatment.
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 and for persons
who have experienced an opioid overdose.
6. Provide treatment of trauma for individuals with OUD(e.g., violence, sexual
assault, human trafficking, or adverse childhood experiences)and family
members (e.g., surviving family members after an overdose or overdose fatality),
and training of health care personnel to identify and address such trauma.
7. Support evidence-based withdrawal management services for people with OUD
and any co-occurring mental health conditions.
As used in this Schedule,words like"expand,""fund,""provide"or the like shall not indicate a preference for
new or existing programs.
8. Provide training on MAT for health care providers, first responders, 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.
10. Offer fellowships for addiction medicine specialists for direct patient care,
instructors, and clinical research for treatments.
11. Offer scholarships and supports for behavioral health practitioners or workers
involved in addressing OUD and any co-occurring SUD/MH or mental health
conditions, including, but not limited to, training, scholarships, fellowships, loan
repayment programs, or other incentives for providers to work in rural or
underserved areas.
12. 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.
13. Disseminate of web-based training curricula, such as the American Academy of
Addiction Psychiatry's Provider Clinical Support Servicer-Opioids web-based
training curriculum and motivational interviewing.
14. Develop and disseminate 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 recovery from OUD and any co-occurring SUD/MH conditions
through evidence-based or evidence-informed programs or strategies that may include,
but are not limited to,the programs or strategies that:
1. Provide comprehensive wrap-around services to individuals with OUD and any
co-occurring SUD/MH conditions, including housing, transportation, education,
job placement,job training, or childcare.
2. Provide the full continuum of care of treatment and recovery services for OUD
and any co-occurring SUD/MH conditions, including supportive housing, peer
support services and counseling, community navigators, case management, and
connections to community-based services.
3. 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.
4. Provide access to housing for people with OUD and any co-occurring SUD/MH
conditions, including supportive housing, recovery housing,housing assistance
programs, training for housing providers,or recovery housing programs that allow
or integrate FDA-approved mediation with other support services.
5. Provide community support services, including social and legal services,to assist
in deinstitutionalizing persons with OUD and any co-occurring SUD/MH
conditions.
6. 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/MH conditions.
7. Provide or support transportation to treatment or recovery programs or services
for persons with OUD and any co-occurring SUD/MH conditions.
8. Provide employment training or educational services for persons in treatment for
or recovery from OUD and any co-occurring SUD/MH conditions.
9. 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.
10. 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 support the person with OUD in the family.
11. Provide training and development of procedures for government staff to
appropriately interact and provide social and other services to individuals with or
in recovery from OUD, including reducing stigma.
12. Support stigma reduction efforts regarding treatment and support for persons with
OUD, including reducing the stigma on effective treatment.
13. Create or support culturally appropriate services and programs for persons with
OUD and any co-occurring SUD/MH conditions, including new Americans.
14. Create and/or support recovery high schools.
15. Hire or train behavioral health workers to provide or expand any of the services or
supports listed above.
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 through evidence-based or evidence-informed
programs or strategies that may include, but are not limited to,those that:
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. Fund SBIRT programs to reduce the transition from use to disorders, including
SBIRT services to pregnant women who are uninsured or not eligible for
Medicaid.
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.
4. Purchase automated versions of SBIRT and support ongoing costs of the
technology.
5. Expand services such as navigators and on-call teams to begin MAT in hospital
emergency departments.
6. Provide training for emergency room personnel treating opioid overdose patients
on post-discharge planning, including community referrals for MAT, recovery
case management or support services.
7. Support hospital programs that transition persons with OUD and any co-occurring
SUD/MH conditions, or persons who have experienced an opioid overdose, into
clinically appropriate follow-up care through a bridge clinic or similar approach.
8. Support crisis stabilization centers that serve as an alternative to hospital
emergency departments for persons with OUD and any co-occurring SUD/MH
conditions or persons that have experienced an opioid overdose.
9. 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.
10. 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 or to persons who have experienced an
opioid overdose.
11. Expand warm hand-off services to transition to recovery services.
12. 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.
13. Develop and support best practices on addressing OUD in the workplace.
14. Support assistance programs for health care providers with OUD.
15. Engage non-profits and the faith community as a system to support outreach for
treatment.
16. 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.
D. ADDRESS THE NEEDS OF CRIMINAL JUSTICE-INVOLVED PERSONS
Address the needs of persons with OUD and any co-occurring SUD/MH conditions who
are involved in, are at risk of becoming involved in, or are transitioning out of the
criminal justice system through evidence-based or evidence-informed programs or
strategies that may include, but are not limited to, those that:
1. Support pre-arrest or pre-arraignment diversion and deflection strategies for
persons with OUD and any co-occurring SUD/MH conditions, including
established strategies such as:
1. Self-referral strategies such as the Angel Programs or the Police Assisted
Addiction Recovery Initiative("PAARP');
2. Active outreach strategies such as the Drug Abuse Response Team
("DART")model;
3. "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;
4. Officer prevention strategies, such as the Law Enforcement Assisted
Diversion("LEAD")model;
5. Officer intervention strategies such as the Leon County, Florida Adult
Civil Citation Network or the Chicago Westside Narcotics Diversion to
Treatment Initiative;or
6. Co-responder and/or alternative responder models to address OUD-related
911 calls with greater SUD expertise.
2. Support pre-trial services that connect individuals with OUD and any co-
occurring SUD/MH conditions to evidence-informed treatment, including MAT,
and related services.
3. Support treatment and recovery courts that provide evidence-based options for
persons with OUD and any co-occurring SUD/MH conditions.
4. Provide evidence-informed treatment, including MAT, recovery support, harm
reduction, or other appropriate services to individuals with OUD and any co-
occurring SUD/MH conditions who are incarcerated in jail or prison.
5. Provide evidence-informed treatment, including MAT, recovery support, harm
reduction, or other appropriate services to individuals with OUD and any co-
occurring SUD/MH conditions who are leaving jail or prison or 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 to law
enforcement, correctional, or judicial personnel or to providers of treatment,
recovery, harm reduction, 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, and the needs of their families, including babies with neonatal
abstinence syndrome("NAS"), through evidence-based or evidence-informed programs
or strategies that may include, but are not limited to,those that:
I. Support evidence-based or evidence-informed 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, and other measures to educate and provide support to
families affected by Neonatal Abstinence Syndrome.
2. Expand comprehensive evidence-based treatment and recovery services, including
MAT, for uninsured women with OUD and any co-occurring SUD/MH
conditions for up to 12 months postpartum.
3. Provide training for obstetricians or other healthcare personnel who work with
pregnant women and their families regarding treatment of OUD and any co-
occurring SUD/MH conditions.
4. Expand comprehensive evidence-based treatment and recovery support for NAS
babies; expand services for better continuum of care with infant-need dyad; and
expand long-term treatment and services for medical monitoring of NAS babies
and their families.
5. 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 NAS get referred to appropriate services and receive a plan of safe care.
6. Provide child and family supports for parenting women with OUD and any co-
occurring SUD/MH conditions.
7. Provide enhanced family support and child care services for parents with OUD
and any co-occurring SUD/MH conditions.
8. 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.
9. Offer home-based wrap-around services to persons with OUD and any co-
occurring SUD/MH conditions, including, but not limited to,parent skills
training.
10. Provide 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 or evidence-informed programs or
strategies that may include, but are not limited to, the following:
1. Funding medical provider education and outreach regarding best prescribing
practices for opioids consistent with the Guidelines for Prescribing Opioids for
Chronic Pain from the U.S. Centers for Disease Control and Prevention, including
providers at hospitals(academic detailing).
2. Training for health care providers regarding safe and responsible opioid
prescribing, dosing, and tapering patients off opioids.
3. Continuing Medical Education(CME)on appropriate prescribing of opioids.
4. Providing Support for non-opioid pain treatment alternatives, including training
providers to offer or refer to multi-modal, evidence-informed treatment of pain.
5. Supporting enhancements or improvements to Prescription Drug Monitoring
Programs("PDMPs"), including,but not limited to, improvements that:
I
1. Increase the number of prescribers using PDMPs;
2. Improve point-of-care decision-making by increasing the quantity, quality,
or format of data available to prescribers using PDMPs, by improving the
interface that prescribers use to access PDMP data, or both; or
3. 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 in a manner that
complies with all relevant privacy and security laws and rules.
6. Ensuring PDMPs incorporate available overdose/naloxone deployment data,
including the United States Department of Transportation's Emergency Medical
Technician overdose database in a manner that complies with all relevant privacy
and security laws and rules.
7. Increasing electronic prescribing to prevent diversion or forgery.
8. Educating dispensers on appropriate opioid dispensing.
G. PREVENT MISUSE OF OPIOIDS
Support efforts to discourage or prevent misuse of opioids through evidence-based or
evidence-informed programs or strategies that may include, but are not limited to,the
following:
1. Funding media campaigns to prevent opioid misuse.
2. Corrective advertising or affirmative public education campaigns based on
evidence.
3. Public education relating to drug disposal.
4. Drug take-back disposal or destruction programs.
5. Funding community anti-drug coalitions that engage in drug prevention efforts.
6. Supporting 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").
7. Engaging non-profits and faith-based communities as systems to support
prevention.
8. Funding evidence-based prevention programs in schools or evidence-informed
school and community education programs and campaigns for students, families,
school employees, school athletic programs, parent-teacher and student
associations, and others.
9. 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.
10. Create or support community-based education or intervention services for
families,youth, and adolescents at risk for OUD and any co-occurring SUD/MH
conditions.
11. 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.
12. Support greater access to mental health services and supports for young people,
including services and supports provided by school nurses, behavioral health
workers or other school staff,to address mental health needs in young people that
(when not properly addressed) increase the risk of opioid or another drug misuse.
H. PREVENT OVERDOSE DEATHS AND OTHER HARMS (HARM REDUCTION)
Support efforts to prevent or reduce overdose deaths or other opioid-related harms
through evidence-based or evidence-informed programs or strategies that may include,
but are not limited to,the following:
l. Increased availability and distribution of naloxone and other drugs that treat
overdoses for first responders, overdose patients, individuals with OUD and their
friends and family members, schools, community navigators and outreach
workers,persons being released from jail or prison, or other members of the
general public.
2. Public health entities providing free naloxone to anyone in the community.
3. Training and education regarding naloxone and other drugs that treat overdoses
for first responders, overdose patients, patients taking opioids, families, schools,
community support groups, and other members of the general public.
4. Enabling school nurses and other school staff to respond to opioid overdoses,and
provide them with naloxone, training, and support.
5. Expanding, improving, or developing 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. Educating first responders regarding the existence and operation of immunity and
Good Samaritan laws.
9. Syringe service programs and other evidence-informed programs to reduce harms
associated with intravenous drug use, including supplies, staffing, space, peer
support services,referrals to treatment, fentanyl checking, connections to care,
and the full range of harm reduction and treatment services provided by these
programs.
10. Expanding access to testing and treatment for infectious diseases such as HIV and
Hepatitis C resulting from intravenous opioid use.
11. Supporting mobile units that offer or provide referrals to harm reduction services,
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.
12. Providing training in harm reduction 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.
13. Supporting screening for fentanyl in routine clinical toxicology testing.
PART THREE: OTHER STRATEGIES
I. FIRST RESPONDERS
In addition to items in section C,D and H relating to first responders, support the
following:
1. Education of law enforcement or other first responders regarding appropriate
practices and precautions when dealing with fentanyl or other drugs.
2. Provision of wellness and support services for first responders and others who
experience secondary trauma associated with opioid-related emergency events.
J. LEADERSHIP,PLANNING AND COORDINATION
Support efforts to provide leadership,planning, coordination, facilitations,training and
technical assistance to abate the opioid epidemic through activities,programs, or
strategies that may include, but are not limited to,the following:
1. Statewide, regional, local or community regional planning to identify root causes
of addiction and overdose, goals for reducing harms related to the opioid
epidemic, and areas and populations with the greatest needs for treatment
intervention services, and to support training and technical assistance and other
strategies to abate the opioid epidemic described in this opioid abatement strategy
list.
2. A dashboard to (a)share reports, recommendations, or plans to spend opioid
settlement funds; (b)to show how opioid settlement funds have been spent; (c)to
report program or strategy outcomes; or(d)to track, share or visualize key opioid-
or health-related indicators and supports as identified through collaborative
statewide,regional, local or 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/MH conditions, 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 throughout this document, support training to abate
the opioid epidemic through activities,programs, or strategies that may include,but are
not limited to,those that:
I. 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. Support 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,or implement other 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, data collection 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 novel harm reduction and prevention efforts such as the
provision of fentanyl test strips.
5. Research on innovative supply-side enforcement efforts such as improved
detection of mail-based delivery of synthetic opioids.
6. 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).
7. Epidemiological surveillance of OUD-related behaviors in critical
populations, including individuals entering the criminal justice system,
including, but not limited to approaches modeled on the Arrestee Drug
Abuse Monitoring("ADAM') system.
8. Qualitative and quantitative research regarding public health risks and
harm reduction opportunities within illicit drug markets, including surveys
of market participants who sell or distribute illicit opioids.
9. Geospatial analysis of access barriers to MAT and their association with
treatment engagement and treatment outcomes.
DocuSign Envelope ID:66430345-48DD-45B7-BAFD-A570E026763F
PARTICIPATION INSTRUCTIONS
Thank you for registering your subdivision on the national settlement website and
for considering participating in the proposed Settlement Agreement with Johnson
& Johnson, Janssen Pharmaceuticals, Inc., Ortho-McNeil-Janssen Pharmaceuticals,
Inc., and Janssen Pharmaceutica, Inc. (collectively "Janssen"). 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:
lhttps://nationalopioidsettlement.coin/. 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 Illinois Attorney General's Office at opioidsettlement@ilag.gov.
DocuSign Envelope ID:66430345-48DD-45B7-BAFD-A570E026763F
Settlement Participation Form
Governmental Entity: Elgin city State: IL
Authorized Signatory:
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 Settlement
Agreement dated July 21, 2021 ("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 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 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 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 Janssen Settlement.
7. The Governmental Entity has the right to enforce the Janssen Settlement as provided
therein.
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DocuSign Envelope ID:66430345-48DD-45B7-BAFD-A570E026763F
8. 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 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.
9. 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.
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.
.
2
DocuSign Envelope ID:66430345-48DD-45B7-BAFD-A570E026763F
I swear under penalty of perjury that I have all necessary power and authorization to execute this
Election and Release on behalf of the Governmentat
Signature:
Name: '
Title:
Date:
3
DocuSign Envelope ID:2EAB7575-FA3C-4FF3-8413-D6F582129209
PARTICIPATION 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://nationalopioldsettlement.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 Illinois Attorney General's Office at opioidsettlement@ilag.gov.
DocuSign Envelope ID:2EAB7575-FA3C-4FF3-8413-D6F582129209
Settlement Participation Form
Governmental Entity: Elgin city State: IL
Authorized Signatory:
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 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.
1 '�
DocuSign Envelope ID:2EAB7575-FA3C-4FF3-8413-D6F582129209
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.
o a
2 p,.
DocuSign Envelope ID:2EAB7575-FA3C-4FF3-8413-D6F582129209
I swear under penalty of perjury that I have all necessary power and authorization to execute
this Election and Release on behalf of the Government i
Signature:
Name: l `�!�Tf�f/(►/
Title:
Date:
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