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HomeMy WebLinkAboutR-2021-62 Opioid Settlement AgreementRESOLUTION 2021-62 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS ("CITY") JOINING WITH THE STATE OF TEXAS AND POLITICAL SUBDIVISIONS OF THE STATE AS A PARTY IN THE TEXAS OPIOID SETTLEMENT AGREEMENTS SECURED BY THE OFFICE OF THE ATTORNEY GENERAL; AUTHORIZING THE CITY MANAGER TO EXECUTE SETTLEMENT PARTICIPATION FORMS; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of La Porte, Texas is a Home Rule municipal corporation formed and organized pursuant to the constitution and laws of the State of Texas; and WHEREAS, the people of the State of Texas and its communities, including LaPorte, have been harmed through the national and statewide epidemic caused by the sale, use and distribution of opioids within the State of Texas; and WHEREAS, the City has been provided information indicating that certain drug companies and their corporate affiliates, parents, subsidiaries, and such other defendants as may be added to the litigation (collectively, "Defendants") have engaged in fraudulent and reckless marketing as well as fraudulent distribution of opioids that have resulted in addictions and overdoses; and WHEREAS, these actions, conduct and misconduct have resulted in the death of many Texans and has resulted in the devastation of families and communities across the State; and WHEREAS, local governments have been on the front lines of the opioid crisis, which has resulted in significant financial costs to them related to the expenditures and continuing costs for healthcare services, social services, law enforcement and the criminal justice systems; and WHEREAS, on May 13, 2020, the State of Texas, through the Office of the Attorney General, and a negotiation group for Texas political subdivisions entered into an agreement entitled Texas Opioid Abatement Fund Council and Settlement Allocation Term Sheet (hereafter, the Texas Term Sheet) approving the allocation of any and all opioid settlement funds within the State of Texas. The Texas Term Sheet is attached hereto as Exhibit "A" and incorporated for all purposes; and WHEREAS, Special Counsel/City Attorney and the State of Texas have recommended that the City Council of the City of La Porte support the adoption and approval of the Texas Term Sheet in its entirety; and WHEREAS, participating in the Texas Term Sheet increases the State of Texas' opportunity to maximize its share of opioid settlement funds and will provide a method to ensure that needed resources reach communities once all negotiations are finalized; and WHEREAS, the City Council finds and determines that it is in the best interest of the health, safety, and welfare of the City to participate in the Texas Term Sheet. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, THAT: Section 1. The City Council hereby authorizes the City Manager to execute the Subdivision Settlement Participation Form, attached hereto as Exhibit "B" in accordance with the provisions set forth in the attached exhibit "A", and incorporated herein for all purposes and further authorizes the City Manager to take any additional actions necessary to implement the intent of this Resolution. Section 2. The recitals contained in the preamble hereof are hereby round to be true, and Such recitals are hereby made a part of this Resolution for all purposes and are adopted as part ofthe judgment and binding or the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to tile extent Of Such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. "['his Resolution shall be construed and enlorced in accordance with the laws of, the State of Texas and the United states or America. Section 5. If" any provision of this Resolution or the application thereof to any person or- circumstance shall be held to be invalid, the remainder of this Resolution and the application Of Such provision to other persons and circumstances shall nevertheless be valid, arid the City COU1161 hereby declares that this resolution Would have been enacted Without Such invalid provision. Section 6. It, is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice ol'the tinie, place, and Sub " ject matter of the public business to be considered at SLIC11 illeeting, including this resolution, Was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED and APPROVED this, the 25'a'day ol'October, 2021. CITY OF 1,4A POIZTE, TEXAS UiSA. 1�.klt,by, M-ri- s— I,: APPROV111) AYSM 1i01W: 17 5— . . . . ....... . .... . cc C )okvard "T'ity Sccre01--Y--"j �LA y N ClarkT. Askins, Assistant Gty Attorney Po?�' ' ;4 X A0 C 0 U EXHIBIT A TEXAS OPIOID ABATEMENT FUND COUNCIL AND SETTLEMENT ALLOCATION TERM SHEET TEXAS OPIOID ABATEMENT FUND COUNCIL AND SETTLEMENT ALLOCATION TERM SHEET WHEREAS, the people of the State of Texas and its communities have been harmed through the National and Statewide epidemic caused by licit and illicit opioid use and distribution within the State of Texas; and now, WHEREAS, the State of Texas, though its elected representatives and counsel, including the Honorable Ken Paxton, Attorney General of the State of Texas, and certain Political Subdivisions, through their elected representatives and counsel, are separately engaged in litigation seeking to hold those entities in the supply chain accountable for the damage caused; and now, WHEREAS, the State of Texas, through its Attorney General and its Political Subdivisions, share a common desire to abate and alleviate the impacts of the epidemic throughout the State of Texas; and now, THEREFORE, the State of Texas and its Political Subdivisions, subject to completing formal documents effectuating the Parties' agreements, enter into this State of Texas and Texas Political Subdivisions' Opioid Abatement Fund Council and Settlement Allocation Term Sheet {Texas Term Sheet} relating to the allocation and use of the proceeds of any Settlements as described. A. Definitions As used in this Texas Term Sheet: 1 1. "The State" shall mean the State of Texas acting through its Attorney General. 2. "Political Subdivision(s)" shall mean any Texas municipality and county. 3. "The Parties" shall mean the State of Texas, the Political Subdivisions, and the Plaintiffs' Steering Committee and Liaison Counsel (PSC) in the Texas Opioid MDL, In Re: Texas Opioid Litigation, MDL No. 2018-63587, in the 152d District Court of Harris County, Texas. 4. "Litigating Political Subdivision" means a Political Subdivision that filed suit in the state courts of the State of Texas prior to the Execution Date of this Agreement, whether or not such case was transferred to Texas Opioid MDL, or removed to federal court. 5. "National Fund" shall mean any national fund established for the benefit of the Texas Political Subdivisions. In no event shall any National Fund be used to create federal jurisdiction, equitable or otherwise, over the Texas Political Subdivisions or those similarly situated state -court litigants who are included in the state coalition, nor shall the National Fund require participating in a class action or signing a participation agreement as part of the criteria for participating in the National Fund. 6. "Negotiating Committee" shall mean a three -member group comprising four representatives for each of (1) the State; (2) the PSC; and (3) Texas' PJ Political Subdivisions (collectively, "Members"). The State shall be represented by the Texas Attorney General or his designees. The PSC shall be represented by attorneys Mikal Watts, Jeffrey Simon, Dara Hegar, Dan Downey, or their designees. Texas' Political Subdivisions shall be represented by Clay Jenkins (Dallas County Judge), Terrence O'Rourke (Special Assistant County Attorney, Harris County), Nelson Wolff (Bexar County Judge), and Nathaniel Moran (Smith County Judge) or their designees. 7. "Settlement" shall mean the negotiated resolution of legal or equitable claims against a Pharmaceutical Supply Chain Participant that includes the State and Political Subdivisions. 8. "Opioid Funds" shall mean monetary amounts obtained through a Settlement as defined in this Texas Term Sheet. 8. "Approved Purpose(s)" shall mean those uses identified in Exhibit A hereto. 9. "Pharmaceutical Supply Chain" shall mean the process and channels through which opioids or opioids products are manufactured, marketed, promoted, distributed, or dispensed. 3 10."Pharmaceutical Supply Chain Participant" shall mean any entity that engages in or has engaged in the manufacture, marketing, promotion, distribution, or dispensing of an opioid analgesic. 11. "Texas Opioid Council" shall mean the Council described in Exhibit A hereto, which has the purpose of ensuring the funds recovered by Texas (through the joint actions of the Attorney General and the Texas Political Subdivisions) are allocated fairly and spent to remediate the opioid crisis in Texas, using efficient and cost-effective methods that are directed to the hardest hit regions in Texas while also ensuring that all Texans benefit from prevention and recovery efforts. B. Allocation of Settlement Proceeds 1. All Opioid Funds distributed in Texas shall be divided with 15% going to Political Subdivisions ("Subdivision Share"), 70% to the Texas Opioid Abatement Fund through the Texas Opioid Council (Texas Abatement Fund Share) identified and described on Exhibits A and C hereto, and 15% to the Office of the Texas Attorney General as Counsel for the State of Texas ("State Share"). Out of the Texas Opioid Abatement Fund, reasonable expenses up to 1% shall be paid to the Texas Comptroller for the administration of the Texas Opioid Council pursuant to the Opioid 4 Abatement Fund (Texas Settlement) Opioid Council Agreement, Exhibit A hereto. 2. The Subdivisions Share shall be allocated in accordance with the division of proceeds on Exhibit B hereto. 3. The Texas Abatement Fund Share shall be allocated to the Opioid Council to be apportioned in accordance with the guidelines of Exhibit A, and Exhibit C hereto. 4. In the event a Subdivision merges, dissolves, or ceases to exist, the allocation percentage for that Subdivision shall be redistributed as directed by the settlement document, and if not specified, equitably based on the composition of the successor Subdivision. If a Subdivision for any reason is excluded from a specific settlement, the allocation percentage for that Subdivision shall be redistributed as directed by the settlement document, and if not specified, equitably among the participating Subdivisions. 5. Funds obtained from parties unrelated to the Litigation, via grant, bequest, gift or the like, separate and distinct from the Litigation, may be directed to the Texas Opioid Council and disbursed as set forth below. 6. The Subdivision share shall be initially deposited and paid in cash directly to the Subdivision under the authority and guidance of the Texas NIDL Court, who shall direct any Settlement funds to be held in trust in a 0 segregated account to benefit the Subdivisions and to be promptly distributed as set forth herein and in accordance with Exhibit B. 7. Nothing in this Texas Term Sheet should alter or change any Subdivision's rights to pursue its own claim. Rather, the intent of this Texas Term Sheet is to join all parties to disburse settlement proceeds from one or more defendants to all parties participating in that settlement within Texas. 8. Opioid Funds from the Texas Abatement Fund Share shall be directed to the Texas Opioid Council and used in accordance with the guidelines as set out on Exhibit A hereto, and the Texas Abatement Fund Share shall be distributed to the Texas Opioid Council under the authority and guidance of the Texas MDL Court, consistent with Exhibits A and C, and the by- laws of the Texas Opioid Council documents and disbursed as set forth therein, including without limitation all abatement funds and the 1 % holdback for expenses. 9. The State of Texas and the Political Subdivisions understand and acknowledge that additional steps may need to be undertaken to assist the Texas Opioid Council in its mission, at a predictable level of funding, regardless of external factors. C. Payment of Counsel and Litigation Expenses 1. Any Master Settlement Agreement settlement will govern the payment of fees and litigation expenses to the Parties. The Parties agree to direct control of any Texas Political Subdivision fees and expenses to the "Texas Opioid Fee and Expense Fund," which shall be allocated and distributed by the Texas MDL Court, In re: Texas Opioid Litigation, MDL No. 2018- 63587, in the 152nd District Court of Harris County, Texas, and with the intent to compensate all counsel for Texas Political Subdivisions who have not chosen to otherwise seek compensation for fees and expenses from any federal MDL common benefit fund. 2. The Parties agree that no portion of the State of Texas 15% allocation share from any settlement shall be administered through the National Fund, the Texas MDL Court, or Texas Opioid Fee and Expense Fund, but shall be directed for payment to the State of Texas by the State of Texas. 3. The State of Texas and the Texas Political Subdivisions, and their respective attorneys, agree that all fees — whether contingent, hourly, fixed or otherwise — owed by the Texas Political Subdivisions shall be paid out of the National Fund or as otherwise provided for herein to the Texas Opioid Fee and Expense Fund to be distributed by the 152nd 7 District Court of Harris County, Texas pursuant to its past and future orders. 4. From any opioid-related settlements with McKesson, Cardinal Health, ABDC, and Johnson & Johnson, and for any future opioid-related settlements negotiated, in whole or in part, by the Negotiating Committee with any other Pharmaceutical Supply Chain Participant, the funds to be deposited in the Texas Opioid Fee and Expense Fund shall be 9.3925% of the combined Texas Political Subdivision and Texas Abatement Fund portions of each payment (annual or otherwise) to the State of Texas for that settlement, plus expenses from the National Fund, and shall be sought by Texas Political Subdivision Counsel initially through the National Fund. The Texas Political Subdivisions' percentage share of fees and expenses from the National Fund shall be directed to the Texas Opioid Fee and Expense Fund in the Texas MDL, as soon as is practical, for allocation and distribution in accordance with the guidelines herein. 5. If the National Fund share to the Texas Political Subdivisions is insufficient to cover the guaranteed 9.3925%, plus expenses from the National Fund, per subsection 4, immediately supra, or if payment from the National Fund is not received within 12 months after the date the first payment is made by the Defendants pursuant to the settlement, then the Texas Political Subdivisions shall recover up to 12.5% of the Texas Political Subdivision Share to make up any difference. 6. If the National Fund and the Texas Political Subdivision share are insufficient to cover the guaranteed 9.3925%, plus expenses from the National Fund, or if payment from the National Fund is not received within 12 months after the date the first payment is made by the Defendants pursuant to the settlement, then the Texas Political Subdivisions shall recover up to 8.75% of the Abatement Fund Share to make up any difference. In no event shall the Texas Political Subdivision share exceed 9.3925% of the combined Texas Political Subdivision and Texas Abatement Fund portions of any settlement, plus expenses from the National Fund. In the event that any payment is received from the National Fund such that the total amount in fees and expenses exceeds 9.3925%, the Texas Political Subdivisions shall return any amounts received greater than 9.3925% of the combined Texas Political Subdivision and Texas Abatement Fund portions to those respective Funds. 7. For each settlement utilizing a National Fund, the Texas Political Subdivisions need only make one attempt at seeking fees and expenses there. 8. The total amount of the Texas Opioid Fee and Expense Fund shall be reduced proportionally, according to the agreed upon allocation of the Texas Subdivision Fund, for any Texas litigating Political Subdivision that (1) fails to enter the settlement; and (2) was filed in Texas state court, and was transferred to the Texas IVML (or removed before or during transfer to the Texas MDL) as of the execution date of this Agreement. D. The Texas Opioid Council and Texas Abatement Fund The Texas Opioid Council and Texas Abatement Fund is described in detail at Exhibit A, incorporated herein by reference. E. Settlement Negotiations 1. The State and Negotiating Committee agree to inform each other in advance of any negotiations relating to a Texas -only settlement with a Pharmaceutical Supply Chain Participant that includes both the State and its Political Subdivisions and shall provide each other the opportunity to participate in all such negotiations. Any Texas -only Settlement agreed to with the State and Negotiating Committee shall be subject to the approval 10 of a majority of litigating Political Subdivisions. The Parties further agree to keep each other reasonably informed of all other global settlement negotiations with Pharmaceutical Supply Chain Participants and to include the Negotiating Committee or designees. Neither this provision, nor any other, shall be construed to state or imply that either the State or the Negotiating Committee is unauthorized to engage in settlement negotiations with Pharmaceutical Supply Chain Participants without prior consent or contemporaneous participation of the other, or that either party is entitled to participate as an active or direct participant in settlement negotiations with the other. Rather, while the State's and Negotiation Committee's efforts to achieve worthwhile settlements are to be collaborative, incremental stages need not be so. 2. Any Master Settlement Agreement (MSA) shall be subject to the approval and jurisdiction of the Texas MDL Court. 3. As this is a Texas -specific effort, the Committee shall be Chaired by the Attorney General. However, the Attorney General, or his designees, shall endeavor to coordinate any publicity or other efforts to speak publicly with the other Committee Members. 4. The State of Texas, the Texas MDL Plaintiff's Steering Committee representatives, or the Political Subdivision representatives may withdraw from coordinated Settlement discussions detailed in this Section upon 10 business days' written notice to the remaining Committee Members and counsel for any affected Pharmaceutical Supply Chain Participant. The withdrawal of any Member releases the remaining Committee Members from the restrictions and obligations in this Section. 5. The obligations in this Section shall not affect any Party's right to proceed with trial or, within 30 days of the date upon which a trial involving that Party's claims against a specific Pharmaceutical Supply Chain Participant is scheduled to begin, reach a case specific resolution with that particular Pharmaceutical Supply Chain Participant. F. Amendments The Parties agree to make such amendments as necessary to implement the intent of this agreement. Acknowledgment of Agreement We, the undersigned, have participated in the drafting of the above Texas Term Sheet, including consideration based on comments solicited from Political Subdivisions. This document has been collaboratively drafted to maintain all individual claims while allowing the State and its Political Subdivisions to cooperate in exploring all possible means of resolution. Nothing in this agreement binds any party to any specific outcome. Any resolution under this document will require 12 acceptance by the State of Texas and a majority of the Litigating Political Subdivisions. We, the undersigned, hereby accept the STATE OF TEXAS AND TEXAS POLITICAL SUBDIVISIONS' OPIOID ABATEMENT FUND COUNCIL AND SETTLEMENT ALLOCATION TERM SHEET. We understand that the purpose of this Texas Term Sheet is to permit collaboration between the State of Texas and Political Subdivisions to explore and potentially effectuate earlier resolution of the Opioid Litigation against Pharmaceutical Supply Chain Participants. We also understand that an additional purpose is to create an effective means of distributing any potential settlement funds obtained under this Texas Term Sheet between the State of Texas and Political Subdivisions in a manner and means that would promote an effective and meaningful use of the funds in abating the opioid epidemic throughout Texas. 13 Executed this 1 day of May, 2020. FOR THE STATE OF OKENNETM�AT J N, JR. ATTORNEY GENE, RAL t MIKAL WATTS _ i ! A MMIUUTFIM�' MKS *nun Alk Opioid Abatement Fund (Texas) Settlement Opioid Council As part of the settlement agreement and upon its execution, the parties will form the Texas Opioid Council (Council) to establish the framework that ensures the funds recovered by Texas (through the joint actions of the Attorney General and the state's political subdivisions) are allocated fairly and spent to remediate the opioid crisis in Texas, using efficient and cost-effective methods that are directed to the hardest hit regions in Texas while also ensuring that all Texans benefit from prevention and recovery efforts. I. Structure The Council will be responsible for the processes and procedures governing the spending of the funds held in the Texas Abatement Fund, which will be approximately 70% of all funds obtained through settlement and/or litigation of the claims asserted by the State and its subdivisions in the investigations and litigation related to the manufacturing, marketing, distribution, and sale of opioids and related pharmaceuticals. Money paid into the abatement fund will be held by an independent administrator, who shall be responsible for the ministerial task of releasing funds solely as authorized below by the Council, and accounting for all payments to and from the fund. The Council will be formed when a court of competent jurisdiction enters an order settling the matter, including any order of a bankruptcy court. The Council's members must be appointed within sixty (60) days of the date the order is entered. FM u-Ii79. . The Council shall be comprised of the following thirteen (13) members: 1. Statewide Members. Six members appointed by the Governor and Attorney General to represent the State's interest in opioid abatement. The statewide members are appointed as follows: a. The Governor shall appoint three (3) members who are licensed health professionals with significant experience in opioid interventions; b. The Attorney General shall appoint three (3) members who are licensed professionals with significant experience in opioid incidences; and c. The Governor will appoint the Chair of the Council as a non -voting member. The Chair may only cast a vote in the event there is a tie of the membership. 2. Regional Members. Six (6) members appointed by the State's political subdivisions to represent their designated Texas Health and Human Services Commission "HHSC" Regional Healthcare Partnership (Regions) to ensure dedicated regional, urban, and rural representation on the Council. The regional appointees must be from either academia or the medical profession with significant experience in opioid interventions. The regional members are appointed as follows: a. One member representing Regions 9 and 10 (Dallas Ft -Worth); b. One member representing Region 3 (Houston); c. One member representing Regions 11, 12, 13, 14, 15, 19 (West Texas); d. One member representing Regions 6, 7, 8, 16 (Austin -San Antonio); e. One member representing Regions 1, 2, 17, 18 (East Texas); and f. One member representing Regions 4, 5, 20 (South Texas). 'ru All members of the Council are appointed to serve staggered two-year terms, with the terms of members expiring February 1 of each year. A member may serve no more than two consecutive terms, for a total of four consecutive years. For the first term, four (4) members (two (2) statewide and two (2) for the subdivisions) will serve a three-year term. A vacancy on the Council shall be filled for the unexpired term in the same manner as the original appointment. The Governor will appoint the Chair of the Council who will not vote on Council business unless there is a tie vote, and the subdivisions will appoint a Vice -Chair voting member from one of the regional members. C. Governance 1. Administration The Council is attached administratively to the Comptroller. The Council is an independent, quasi -governmental agency because it is responsible for the statewide distribution of the abatement settlement funds. The Council is exempt from the following statutes: a. Chapter 316 of the Government Code (Appropriations); b. Chapter 322 of the Government Code (Legislative Budget Board); c. Chapter 325 of the Government Code (Sunset); d. Chapter 783 of the Government Code (Uniform Grants and Contract Management); e. Chapter 2001 of the Government Code (Administrative Procedure); f. Chapter 2052 of the Government Code (State Agency Reports and Publications); g. Chapter 2261 of the Government Code (State Contracting Standards and Oversight); h. Chapter 2262 of the Government Code (Statewide Contract Management); 2 i. Chapter 262 of the Local Government Code (Purchasing and Contracting Authority of Counties); and j. Chapter 271 of the Local Government Code (Purchasing and Contracting Authority of Municipalities, Counties, and Certain Other Local Governments). 2. Transparency The Council will abide by state laws relating to open meetings and public information, including Chapters 551 and 552 of the Texas Government Code. i. The Council shall hold at least four regular meetings each year. The Council may hold additional meetings on the request of the Chair or on the written request of three members of the council. All meetings shall be open to the public, and public notice of meetings shall be given as required by state law. ii. The Council may convene in a closed, non-public meeting: a. if the Commission must discuss: 1. Negotiation of contract awards; and 2. Matters specifically exempted from disclosure by federal and state statutes. b. All minutes and documents of a closed meeting shall remain under seal, subject to release only order of a court of competent jurisdiction. 3. Authority The Council does not have rulemaking authority. The terms of each Judgment, Master Settlement Agreement, or any Bankruptcy Settlement for Texas control the authority of the Council and the Council may not stray outside the bounds of the authority and power vested by such settlements. Should the Council require legal assistance in determining their authority, the Council may direct the executive director to seek legal advice from the Attorney General to clarify the issue. The independent administrator will set aside up to one (1) percent of the settlement funds for the administration of the Council for reasonable costs and expenses of operating the foregoing duties, including educational activities. 1. Executive Director The Comptroller will employ the executive director of the Council and other personnel as necessary to administer the duties of the Council and carry out the functions of the Council. The executive director must have at least 10 years of experience in government or public administration and is classified as a Director V/B30 under the State Auditor's State Classification. The Comptroller will pay the salaries of the Council employees from the one (1) percent of the settlement funds set aside for the administration of the Council. The Comptroller will request funds from the Texas Abatement Fund Point of Contact. 2. Travel Reimbursement A person appointed to the Council is entitled to reimbursement for the travel expenses incurred in attending Council duties. A member of the Council may be reimbursed for actual expenses for meals, lodging, transportation, and incidental expenses in accordance with travel rates set by the federal General Services Administration. H. Duties/Roles It is the duty of the Council to determine and approve the opioid abatement strategies and funding awards. The Council will develop the approved Texas list of abatement strategies based on but not limited to the existing national list of opioid abatement strategies (see attached Appendix A) for implementing the Texas Abatement Fund. 1. The Council shall only approve strategies which are evidence -informed strategies. 2. The Texas list of abatement strategies must be approved by majority vote. The majority vote must include a majority from both sides of the statewide members and regional members in order to be approved, e.g., at least four (4) of six (6) members on each side. The Council will determine a single point of contact called the Abatement Fund Point of Contact (POC) to be established as the sole entity authorized to receive requests for funds and approve expenditures in Texas and order the release of funds from the Texas Abatement Fund by the independent administrator. The POC may be an independent third party selected by the Council with expertise in banking or financial management. The POC will manage the Opioid Council Bank Account (Account). Upon a vote, the Council will direct the POC to contact the independent administrator to release funds to the Account. The Account is outside the State Treasury and not managed by any state or local officials. The POC is responsible for payments to the qualified entities selected by the Council for abatement fund awards. The POC will submit a monthly financial statement on the Account to the Council. Eel W-IM, If on An independent auditor appointed by the Council will perform an audit on the Account on an annual basis and report its findings, if any, to the Council. 4 The Council is the sole decision -maker on the funding allocation process of the abatement funds. The Council will develop the application and award process based on the parameters outlined below. An entity seeking funds from the Council must apply for funds; no funds will be awarded without an application. The executive director and personnel may assist the Council in gathering and compiling the applications for consideration; however, the Council members are the sole decision -makers of awards and funding determination. The Council will use the following processes to award funds: Statewide Funds. The Council will consider, adopt and approve the allocation methodology attached as Exhibit C, based upon population health data and prevalence of opioid incidences, at the Council's initial meeting. Adoption of such methodology will allow each Region to customize the approved abatement strategies to fit its communities' needs. The statewide regional funds will account for seventy-five (75) percent of the total overall funds, less the one (1) percent administrative expense described herein. 2. Targeted Funds. Each Region shall reserve twenty-five (25) percent of the overall funds, for targeted interventions in the specific Region as identified by opioid incidence data. The Council must approve on an annual basis the uses for the targeted abatement strategies and applications available to every Region, including education and outreach programs. Each Region without approved uses for the targeted funds from the Council, based upon a greater percentage of opioid incidents compared to its population, is subject to transfer of all or a portion of the targeted funds for that Region for uses based upon all Regions' targeted funding needs as approved by the Council on an annual basis. 3. Annual Allocation. Statewide regional funds and targeted funds will be allocated on an annual basis. If a Region lapses its funds, the funds will be reallocated based on all Regions' funding needs. The Council will establish an appeal process to permit the applicants for funding (state or subdivisions) to challenge decisions by the Council -designated point of contact on requests for funds or expenditures. 1. To challenge a decision by the designated point of contact, the State or a subdivision must file an appeal with the Council within thirty (30) days of the decision. The Council then has thirty (30) days to consider and rule on the appeal. 2. If the Council denies the appeal, the party may file an appeal with the state district court of record where the final opioid judgment or Master Settlement Agreement is filed. The Texas Rules of Civil Procedure and Rules of Evidence will govern these proceedings. The Council may request representation from the Attorney General in these proceedings. 5 In making its determination, the state district court shall apply the same clear error standards contained herein that the Council must follow when rendering its decision. 3. The state district court will make the final decision and the decision is not appealable. 4. Challenges will be limited and subject to penalty if abused. 5. Attorneys' fees and costs are not recoverable in these appeals. The Council may determine that a percentage of the funds in the Abatement Fund from the targeted funds be used to develop an education and outreach program to provide materials on the consequences of opioid drug use, prevention and interventions. Any material developed will include online resources and toolkits for communities. Ri IBM& 13: Munkinal Awn Allmaliom: IVA d Mud fS 150 Mimi (Colulty 1111111ber"i refer to distriblition to the County govcrillnell(s artc), payment to ciHIN, "'it'llin cmunly Wets llas Mal mash NUAmum Mudmitimi to vach county is $1.000, MuWdpd Ama Allocation N/Innicipal Area, Allmn I ioll AM( $11 (; 8 8 Lakeport, $463 Abernnthy $110 WaNkIc'! s4jTl: A%m 5 W, 1, 8 18 Lnkosido Ci(y $222 Ackerly 82-1 Lnkcvi(nv S427 Addison $,r�-)8,om Lakmvny M JM AIM 8101 LMwmmd Mgu W Agim Duke $43 Lanlar County $141,598 Alamo $22,121 Land) Colulty sm)"sl Alanm INWH,s $28,198 Lainosn, S20,656 Ma s"'i, I m) I all 11)" L"as s2s"11 A lbally $180 Lampasas C"ollilty *42;18 Akdo $331 Lal"Usul, mmm"I Alhv 871,291 Lorcdo majol ANi ': 1) 15, 0, 8 1 Latexo $121 Akira( $IJ07 [Avmn On"Ity MQT3 Ayhlo S29M86 Lavon S7135 A I tt) $3167 lawn $58 Allon $11,5110 Loagne C4.), sauj-18 A On mdo, SMIU9 LoWy $256 Alvin $113,9 Lder MAW I AWd $35862 Leary $797 Amallo $987,661 Lee Com-ity MnM AnuN 1r15J71 Wk.,; $ 109 AnduTst. $22 1=1 Wnty MQY; Anahme $542 Leon Valky S23q58 Wem) $19 Umm $883 Anderson County SMSIM IMMMI-d $CM5 All(hims 11r143183 Lmuy $'I 7() Andrews Comay $37,606 Levelland MAU Angolina Clount.), S229,956 Lewisville M2,094 Angleton $621711I LcYxhlgtoll $2q]8 Allps M lei mrty $72,343 Alma $0175 MQ, OAndy S531,212 Amultn, $5156 1MY Hill $21M) Amulta ffoah $3/1 Linl(Ntolle Comay s I (Table collLillues on 11111111ple pages bdmv) AnwUa Saba h $W2 LWAn Park $677 Amwita, $738 lindah U1,202 Anwri $5J34 LOW MPil Anhwiy $Q14 1 j w N �al)ll $1128 Anion sud Qmn $44 AMATy S1051 QmM) (bunty SI11J32 QpTla $208 IjUle Eli 1369126 Anizis'iis C,ounly $266,512 I.Atio Biver-Aniderny SM Anmw Pms MA13 LKANNI $7M78 Anhu CRy $10,55111 Live Oak S3Z740 Ulm CAudy 1AM4 hive (),ak (Annay $11,716 Ansla ',--,7 , 29 () Liverpool S1435 AMyle $11 , Hx; livingmun S711 65 My= $735,803 I'lallo S21121 Arnimrong (,ounly $974 I'lano Counly $115,647 Arta $2,009 Locklind, 15aM50 AshelS1.12 IMAny $3411 Asperilloill. $9 OA% Awn Ata.�,,cosa County $176,903 1! Ix,micta $I J76 AtIms $ 1003,012 —Wic Chdi Mmda UOYMS) AMIC Star ss Auhmy $15,141 Longview $,182,25,1 Auroral slydo Inorahe $08 Al"Istill ("oulity $76,030 Lore'n't $3 IN Austin $4177116 Lonmwo $11158 AuAwdl $109 Los $11,185 Avay $138 Los 111(hos 8159 AvMger w 115 ku0s Y[wu(!z $0 A& $"�112& riAll slju� Ildby $950 Lovelady $249 BMW clumay $1.`aq77 bwh% comay s I Poo 13"I'lley's Prairie $rl'6)04 Lowry Crossing!; $78:3 Istird $2002 UhNwk SW9167 Bahl Qhlgs $27158 LaWack Miky snwqjm Mstows IMwas $2, �, 8 11 1"llcas S5 IN IfOlnpr $OJ72 hw4:11',a8 M Balmorlwa $63 MCI $281,02 Bawkma WaM Indog $2%421 13'a.11dcra (.'Ilarld'y $86,815 I'llinberton S3q6O9 Bangs MIN LyAwd MM71 13am1woll $302 1 ow CAny $6175 Bmy sow JIM SIM Horstxnv 861 NUMA $ 1 % 11 13 IlLm-thl"t 1i3,374 Nhtdisoll Collllty SIPM2 MrWnv% S13M87 HulimiWo MOM MO'rop $46,320 Xhl.gilolin. $20M31 K,ksh-op Colinty molthoff, S 12M 11 Mq (Ty $57,9 12 Molmo M9 linylor Coillity $29,832 Nfillior S12,109 lin.yoll Visti'l solm Ntummol s m"M8 llayshlo $242 Manw] $12,M5 Bayumll $216MM AM Ms $37,039 BaYvWv $41 ONE $65 Hmwh City S 12,505 1lox4l'A"l, M Bmr cml( M6 maw)n $05 Mazy $MO Masmi Awdy W 528 lummnM $6831010 Ninrlin S2113,1 LhAvillo $1,2,17 Ml r(I I I ('Z $1122 11MIRM'd $9zl I'l Nhu"A In'll 31(M;71 lumlins S3,175 Ni W, 1, $928 lko ("a,vo, $ t2,863 Uirtill Colility SlOY62 Ike cmility $97,84,1 NLINAII(Ldo $2137 111WHIc $TIjd7 NO= $777 Bell Way $650,T18 Nhison Comity $1111 Bclhtiro S41,264 Nlttodor 111,w( 13)(14wilu S5G MoUlgordn Collilty mNn) IkAhlloml S1'lA87 Whis S15120 Bull", $1101 Mid V23 fldlvillc $7J88 Movolick County S 1151) 19 AM MAND Mayparl IS19mi Ismavolos $152 MAIM m 4 11 Bmwnwk su,wq NJ c(,4 i l i oy $542 BNOMWI] SU51 NIC(Agor S9,155 Bolyvulc Sl wl ,379 McKhIncy S450,383 101rant M82 NOLmn $i,,l lk,,,v(�rty Hills $4 ;36 Nk1AmArwChkWdm $1111 IWI Oaks $MD Nummms WMAY sam)" I 131,x54r (,'ounty $7,007, 152 McIcumin County sugm] Mg hall $017 NWnwIWn (Anoy s I JM() 13N saluly $4 OT) Nkodw, $L 121 Big Spring $189,928 Meadowlakes $905 Big Wells $236 Meadows Place $18,148 Bishop $8,213 Medina County $48,355 Bishop Hills $323 Megargel $611 Blackwell $31 Melissa $15,381 Blanco $6,191 Melvin $345 Blanco County $49,223 Memphis $7,203 Blanket $147 Mcnard $991 Bloomburg $1,010 Mcnard County $14,717 Blooming Grove $352 Mercedes $21,441 Blossom $198 Meridian $3,546 Blue Mound $2,888 Merkel $10,117 Blue Ridge $1,345 Mertens $239 Blum $1,622 Mertzon $29 Boerne $45,576 Mesquite $310,709 Bogata $3,649 Mexia $21,096 Bonham $100,909 Miami $455 Bonney $2,510 Midland County $279,927 Booker $1,036 Midland $521,849 Borden County $1,000 Midlothian $95,799 Borger $69,680 Midway $78 Bosque County $71,073 Milam County $97,386 Bovina $173 Milano $904 Bowie $83,620 Mildred $286 Bowie County $233,190 Miles $93 Boyd $6,953 Milford $6,177 Brackettville $8 Miller's Cove $97 Brady $27,480 Millican $417 Brazoria $11,537 Mills County $19,931 Brazoria County $1,021,090 Millsap $34 Brazos Bend $462 Mineola $48,719 Brazos Country $902 Mineral Wells $92,061 Brazos County $342,087 Mingus $189 Breckenridge $23,976 Mission $124,768 Bremond $5,554 Missouri City $209,633 Brenham $54,750 Mitchell County $20,850 Brewster County $60,087 Mobeetie $52 Briarcliff $572 Mobile City $2,034 Briaroaks $57 Monahan $5,849 Bridge City $80,756 Mont Belvieu $19,669 Page 4 Bww,port I Montague Colvid'y su4jot; Briwoe COUP, $977 AdoniLW)nwry SAM flowhius $31 MiLWnwry AmAy $2,700,9 11 Bnwito S99 Nloody $828 Brook,s Conn(.y $20,710 Nfoore Count"y SOU27 Brookshire M""s Mane statin) $772 WwWo WhWe sylo Man M Brown Couiay $ 193,117 Nlorg�an W5 Bmwmhll $1, 2 Nhqonw Pont, $1 U)") Brownfield $14,452 Morgan's Point, Resort Wulll thownyxwo S3j76 NIMTN MnLy SQ,328 Brumimtic S° � 2,5 0,5 7 Mortoll, $167 f3rv)wnmxwd $ 166,572 Nrlollcy (,!ounty $3A4-,l AmMokkly S1,02 NWHA)n M) Bryan $2,46,897 N'lount Calin $605 Brywn SI ,228 Mount, E'llterpriso $1,832 lWhols S1013 Nimirit 1IMSMA Alt 51MA Bwhl $.10,784 Mollill, Vernon snyin AM) $11,866 Mountaill City $1048 BUDAS c1q) $88 NhunmWr $1 "5G Buffalo Springs 8188 KN4 i lot um $411(i BUMI $7,487 N11111ill $384 Blilverde $ 14,4 36 Mundily $Q1,17 Minker IIHI TAllage M Nw"Wil SINY2 Burk%wt 837;844 N'turpily $5 WIN 13 u I r kc, S1,114 NANong 87 Burleson Couiay $70,241 Nlustang lblpc MJ62 Builson SWIM 'AaMMUs SM5,M)2 MMM"I $33,345 Na eogdochcs Couuty S W8,583 131,11-not cc)IIII(y $189829 Miples $4,11 IlArtoll M Nwh WIN) Byers $77 Nawan lby $11147 Qnmn $1380 NaGifia $625 Mons $4570 kNumim) $311 cWho Muls $43 Navarro County SM351:1 (Allwoll S] 8,215 Mtvascda WtM ("aalalawell County '""tij I .i Nazareth $124 Calhoun County $47326 b4doNut $4.1;85 Alkhan Cbuno, S 12,89 (1 Necdville sloyl C"allisbur, $]M Novoda $237 1 'K uy( ^ 5 C"'Ilvort $772 Nov Berlin $4 Cameron I I, w) I New Boston S6,953 Camoron Comity $537,02(i New Bramifels $307,313 Camp Comit"y S 2 8,8,7) 1 Now ("Impol Hill $288 Camp Wood $,122 Now Deal $338 $1,11,6 Now Fairview $2,*34 C%madion sl'(0o New florne S19 CMIC,y Cily $27005 Now I I opo '3 1, 0 24 Ca I I I ol l S,56,7,31 N mv Londi,)n S4,129 8 2 6 , 2,r,) f New Suminerfield 8,142 Carholl $620 Now Wavorly S2,562 Carl's ("01,1101" $118 Newark S55 2 0 Cnxlllillc' $385 Nt,Nkrcasdc $9 14 Caxrizo Springs $1,671 Nowton $6, 102 Carrolitoll $310,255, Newfoll County S 158'ow; C%Irsoll County 829,49:3 N(,ylarjdvillc $IG'31 Carilinge $18,927 Nieflorwald SI 6 C"asilion Community $3 2 2 Nixon $2,283 Colmly $93,155 Nocona, $ 16,536 (%nstle [tills $12,780 Nolall Counly $50,262 castro ("'ount"y $4,420 Nor la $11,2117 Co,stxovilk $,4,525 Nome $39 1 Cedor Hill 1,1370,127 Noondny $226 Colar Pork $ 185,567 Nordlicini $697 Colestc $1,281) NorimmgCo Celina $18,283 North Cleveland $105 Culiuq. $58,8,38 North Richlond Hills $146,J 19 Centerville $385 Northlake $8,905 Cliamborn County 153, 188 Novice $76 (""handlor $17,361 Nooces C'Ounly $ 1,367,932 Cliallidill"', $2 0' Briel 1 $76 Cliarlotl.c $4,257 O'Donliell $27 Chcrc)kcc' C,omil"Y 156,612 M k ( 3rovc 82,769 ("Ilestc!l. $11171 0,ak Leaf $612 Chic"o $21928 Oah Point s),I)11 Childress" $37,9 1 G Oa k Ridge $358 Childres's C)Illit A y $,50,582 O. ak Bidge North 8:33!512 Chillicol llo $172 Oak Valley $7 $522 OakjGro(yl Sl A 8 Olina ("I'rove S598 Ochiltrec Couilly $15,476 (Timm") s 1,5(;8 Weal KAW Ulristfiar $354 Ckk%s;i sm% I (s cwxdc� S131W Oghshy $29 clso) 87,218 Old lt1ver-\Vfilfiv(� $21,1Z3 Clanmidni 13114 okmam (AnAy slqus (laksvillo S20I1J1 (Anos INS sopi (larksVille city M ()l wy s%W8 ClawK $26 (Muni S1097 Ckq (Km(y $721MO Chun& $4 J85 ChNw Lake Shoms S6yS2 Chirdmko, S31,65A CkMurm $228,18A Opdyko� Wes[ $Q) MAW(] $96,897 01"Ingo S311,339 CmAln) sojo.) Ora.uge Comity SM9. Y18 CANL $W5 (hm%c onwo $1177 Mu, $51,3551) Orcha'I'd $867 Uydc�, $17,287 Ore Oly snmx; (Walmina S2191 ovololl $759t9t9 C"o(All-an (.'ollilty $3,389 Ovilla s13q1.9] (IwkmH IN SM2 OYAW Wk S9133 COMM My SIAW7 Pmhicah 8 1 hi (410 (bunty S5j22 POOL 14wh $111 0")Idspring $447 PAWS, smgm cWhImul S5j42 PaIMIC s 48W) Clidem"u] C`,olilay S4jGl PaHmps $240 (%N%v Stathm $2 5 8, 1. 4 7 Palm Volley slym (NNYOD S46,049 Palmer WIN cown ommy $QMID Palmhumt, $41M) COUNgswooh Wmay fl 9,234 Pahliview $7077 CWHWO& $1131 PAM MUU) comi(y $12,1,621 0,411losliod Uyll parlipa $67127 QhHMI0 City S%m mwwmvo� $9036 NOW) cbmay $19,084 Pallola. C"ollilty ssopq WnruNis S6,867 Panorama Villoge $ Q)2 Cmmd (SHUY $316142 PmUgo $12598 Unnawlic $ 16,55 03 Paradise $52 (''olljoilclw Oninly $50,96,1 Paris $201 j M) condws 81,710 Parker $10497 Ondow 81,892 Parker S47Q251 commerce 833,869 Ilarmor S15,S66 Como SU5 Pandw)"t SM616 (,"ollcllo ("ounty Pa'i'soll SIJ48 (Amm $`-466,671 Patl,on Villoge $9�268 cumme $27,69:3, Payne sprillp's $1170 (.two: county $200,451 Peadmid SM3,M2 (01 $731 p(MINall $11 Awt QW41ge $013 low" CHI) $719 C!ooper M Pami Hill $2 2 9 CONK $86593 Pmms $7122 MM)er Canyon $1189 Pecos O:Hllay MIM7 (NITUMS CAW(,' $133,492 Pelican Ray s I I w) comwl $75,298 Penclopc 8415 Qqmm C%rhtJ $1,812,707 Penjta,s $312 Ucwml CIO" $1/13 Perryton $23101 (blignil $21,318 PetorsburK $1 A91 (."orsicalln $87,310 Petrolia $17 (,orycll C"ounty M23jM Pdxmd,,,i $5 (:!0A,lv ("ounly $875 Aflugavitle 06,408 ChAtonmod $289 p11aarl, S 114,72] Qtwnwood simn's, $1103 PiKL Poh( $1 qav� CAMM"'t $ t,251 Pille Forcs( MYN (AmIsund $2 G 6 Pille IS41,11d $114 1, (low $387 Pinchursi, S32171, ("'ovingtoll $519 P h 1010A KI MJ38 CAWWc Flats $1,1172 Piney Point Whip $15538 (AMUM $12,094 Pittsbill" $20A26 Clune s, � 11), F) (,) 9 Plains $129 Quw CUMAy $26,146 Plainview $60,298 (mudills CHI) $128 plano S1,151Y08 cyawAN $383 Pleak $270 ("reedillool. $ 1-6 Plell"q'I'llt, Valley M8 (Ammul $1 po Ismsmunn $29,011 C,rockcIA, $23,403 Plum Grovo $2 5 8 ("rockett, Coun(y $18,10 Pont $1 A 19 ("rusby C�Oullty $181813 Pont Blmlk $355 QuAwtoll $ 1 J98 P(Ant (,omfort, $447 0-os,s Plains $4 A77 PWnL Wnturc, $588 (Ams Rmul's $014 Polk Comy suo$ll (."'rossTimbel. $642 R)lidm $1182 Crowell, $6,335 Port Arawsas $31,022 chm0y $22,345 Port, Arthur $M705 M�mm Crystal City $19,412 Port Isabel $9,802 Cuero $24,689 Port Lavaca $11,752 Culberson County $789 Port Neches $38,849 Cumby $5,320 Portland $76,517 Cuney $606 Post $2,332 Cushing $1,120 Post Oak Bend City $1,034 Cut and Shoot $2,141 Poteet $6,767 DISH $19 Poth $3,974 Daingerfield $12,476 Potter County $371,701 Daisetta $5,370 Pottsboro $12,302 Dalhart $11,609 Powell $110 Dallam County $21,686 Poynor $1,180 Dallas County $8,538,291 Prairie View $7,600 Dallas $2,999,902 Premont $3,321 Dalworthington Gardens $6,060 Presidio $148 Danbury $4,231 Presidio County $787 Darrouzett $101 Primers $2,958 Dawson $600 Princeton $19,245 Dawson County $46,911 Progreso $8,072 Dayton $47,122 Progreso Lakes $39 Dayton Lakes $38 Prosper $22,770 De Kalb $1,035 Providence Village $508 De Leon $8,218 Putnam $14 De Witt County $68,895 Pyote $22 DeCordova $13,778 Quanah $207 DeSoto $72,400 Queen City $4,837 Deaf Smith County $34,532 Quinlan $7,304 Dean $141 Quintana $492 Decatur $56,669 Quitaque $8 Deer Park $49,388 Quitman $15,619 Del Rio $59,056 Rains County $53,190 Dell City $15 Ralls $3,967 Delta County $30,584 Rancho Viejo $3,836 Denison $210,426 Randall County $278,126 Denton $458,334 Ranger $12,186 Denton County $1,132,298 Rankin $1,613 Denver City $2,104 Ransom Canyon $930 Deport $42 Ravenna $685 Detroit $965 Raymondville $7,466 Devers $191 Reagan County $25,215 Page 9 Devine $4,354 Real County $5,073 Diboll $25,533 R,ed Lick $23 Dickens $71 Red Oak $26,843 Dickens County $1,873 Red River County $29,306 Dickinson $83,683 Redwater $1,058 Dilley $2,633 Reeves County $103,350 Dimmit County $33,294 Refugio $8,839 Dimmitt $1,012 Refugio County $46,216 Dodd City $1,211 Reklaw $1,136 Dodson $447 Reno $3,791 Domino $196 Reno $11,164 Donley County $22,370 Retreat $52 Donna $13,798 R.home $12,285 Dorchester $231 Rice $1,972 Double Oak $4,765 Richardson $260,315 Douglassville $574 Richland $210 Dripping Springs $811 Richland Hills $24,438 Driscoll $39 Richland Springs $2,234 Dublin $14,478 Richmond $77,606 Dumas $26,229 Richwood $12,112 Duncanville $58,328 Riesel $1,118 Duval County $49,109 Rio Bravo $8,548 Eagle Lake $4,882 Rio Grande City $25,947 Eagle Pass $56,005 Rio Hondo $3,550 Early $14,838 Rio Vista $4,419 Earth $242 Rising Star $1,933 East Bernard $5,554 River Oaks $11,917 East Mountain $2,494 Riverside $858 East Tawakoni $2,723 Roanoke $275 Eastland $15,896 Roaring Springs $461 Eastland County $52,275 Robert Lee $85 Easton $329 Roberts County $547 Eetor $1,108 Robertson County $44,642 Ector County $480,000 Robinson $18,002 Edcouch $4,101 Robstown $40,154 Eden $497 Roby $428 Edgeeliff Village $2,232 Rochester $674 Edgewood $13,154 Rockdale $20,973 Edinburg $120,884 Rockport $54,253 Edmonson $136 Rocksprings $25 Page 10 B h Ia $18j9d Bockwall m 14 ;;)8 01cm] $2, 14 9 Rockwall ("ounty $168,820 Edwanis Cbmity $975 Rocky i�'Iound $280 1'I ("ninpo $31,7001 sIM8 H Chmizo $621 Rolhijgwcmd $4 154 El Up K60d Bonin $16joo fq Paso S 1,224,371 1 foinaii Forest stwo E] Paso County $2,592,121 Ropesville $2,122 Ehlondo $w mmwe $778 flowwa, $MjlU Rwc CRY $4MI2 Eyin $26,284 Roso [fill Aercs $%M I 111:00, $1301 Roselnld m js!,) hJlis County $315!,372 S 126,593 Elmendorf $746 Rws $H7 Bs RiM Rover $549 kinhouse $83 Robui $ kV3 low"j, $3178 Howul NumnUn SDI k1chwoud ()f1ks S =9 Mnmd Hock S475,992 %bal $1,115 Mmrid 1h) $140 1 ,, I I I I i ,, $ 81 , S' 3 9 Rowlett $M4W3 %th Couay MAW Ho ton $47 EsuAmivs $40 Hoyml City IsLenhie M RG, 111hys S92Y24 Hmwwaye Rny sojml E111-oka, S3311 ftungc' $255 E'llAivice 1ti2M89 HIMMKIS (Imay S33M31 Evant, SIMS Rwk S17Y01 Everman S7,W2 TV Comoy $151,= Fat 0% Rmwh $8,077 Sabinal $1,11 Fairchilds $81 sal) ne chup, S46479 puirnAi S1445 001W 8231100 Fairview $32,215 &idler MQ5 FaMinks S2121 saghmw S31 Y73 FaUs CTity $01 Soulo a"m pmk Uway MQ22 Swi AWK $5536 A09 Fwmh (Amoy $131 A0 Sim Aooto stwini Fannww Brmudi $94,532 San Augustine S25,182 Farinumvd1c $10,532 Sim Augustine (.!o11111,Y $37A54 Fmwdl $343 Sim Bond,() mm"5 Fah, SJU3 &M I *go S11971 =1MIM Fayette Comity $92,440 Sa n Elizario $7S11 Fay (1, tcvi I I e $39 1 sall Felipe $1108 FmAs $13§73 him IwWtu Amity S 197,3U8 Fish (Owdy $5118 San Juml $28115 Fla Wnia $5161 San Lunum $36 Fkwmwe $3549 Smi N]films S325188 Fore" Mar $21499 Saii J'aliddo $411:3 I'lowt,"I Mollild $215,256 Sa i i lla(rkio S271,916 Fkqd Cmilay s9mdo San Perlbi $2119 FAydada, $6157 San Saba SIOP57 Rard WnLy $5j.1 San SAL Wny' $17,562 F(Aks M sminwai-y $17 JAMW IN SN, M2 My Oaks $9163 Wricy $8QH2 Smidy Point, $1137 Arsan $W6 SMW M F(wL 13W Cminty $1,506,719 Sii riger Ut= Art Swkton $4,4 11 Sallsoln Park $22:3 Fcwt Nvort'll UJN1790 Santa Anna $329 Frankfin $3,93 1 Santa, Clara $87 Fraillin Clounty $253&3 Santa A $33,272 Frankstmi $274 Saida llowl $2J38 AdeWshurg $56J86 sawy $2149 FruTort $U173 Sdwdz sm" I lt) Amr $3,271 sclilcielic'r Coura"y $5595 FnvsWnc Clunty 850,495 sclulleriblirg S2Q) Friendswood $1,10,330 Scotland $H8 Frio Cmuity MY54 swu "A" $N8 Fdma OYU Scuny $1 j I t) 111co $4()5,:3()1) scllriyr County S711.16 VOW S4,5,18 Seabrook 0330170 Finst, $321 S(salift $991, Frllftvalj,r $2,394 Seagoville OWN liukhear $5172 Wgraves $7M31 Quoll *Lilb slyly OWN umum clowily $54047 segidn $:371i538 JlMnmalc $1,5,3,980 ScInia, $22129 CWtvia IPark s 1 "1,wm Sc illilloic $16MO2 G811<adn $1153 Sewmi (IT's "AIM 7 GaNlon S,188,187 S(wer) Point.,i Wj52 GMW%UM Wway $1 j2djM3 S"inonr $14118 N�Mlls CLUM) $15, 510 Shackelford C"olulty $1188 Gain% RhW $11,351, Shady Shores, $594 chould $420,2,14 Sludlowntor $1 M07 Ganilt $2010 Shainnwk S4 ;28 (lardsoll $IM5 Slinwino Pmk $3J78 Ary (sty Mo SNOW cbmay SUM125) Gaina Cc $8,114 SKMIKWI) $41122 GaWouo 826,994 Shophord $147 Gom%u V&SI, $6,207 Shwlmun $330;8,r-, G,coiloDwIl $225,896 Shorinan Ccminty RM30 G'llolsoll $1,505 Shille'r VM12 Mhmqns $1216TI S'lloreacres $958 CarMpie CAUMLy $(,i:ij I S) I Silsbee MqM C;ihrwl- $3:3,951 Silvertoll $H G'hiduwaccr 824,638 Siincaiton $1 Mw C'omllty sl,000 Silil'oll $23,658 GIMI Aw Wo SkdyWwii $M() Glenn Heights swuml $1511 Ddly $111 Sliffley $655 GAMA h $07 SmUh Chmily $wsmm CkddtliwaRc $1125 SnAlMle MAP) ClAul $3jU3 SnWcr $300 Golia'd County Silook $1422 UP& M S"dor sojns Coolatfles, $14,882 Socorro $U J25 ("olizalus Comilty $13,21J Imunwi, $1527 Q Mw v Mv $221 Soinerwil CNAInLy $57JU6 COXIdell $9!G13 Sornerville $3106 Gwdail $M5 Kiora $7q37 Gowe M9 Scalar I ake $17;56 chwinall $3, 107 Solith Houston $25;D) Mawr] $23 timid] Mountahl $101 Graliant $2,35,428 Soudi Padre Ishind MIT) Chwnbwy 871,735 Sooilikike COMM chu"I Iliwide $445,139 Son d III layd MR; Cal and SAM, $3ci, 11:3 Soutliside Placo $885 Graildi"'Ills $65 splunmil $14JMH) G-raildvic", $6110) soctubm-a $TM; ("n'I'llger M2j4l SPARMI $7 (AMN, SUMIS 1' 11,831 sprillf" valle.), village $16,401 M�Mlll Grall'ic'no $1113 springlohe $13 G ra pol"I I I (1 $7,287 Sprillpi,owl) 911f1,244 Grap(whic $129, 195 Spin, $427 Gray County $65,88/1 Si. fledwig $111 G'nnys Prairie $17 SL Jo $7,360 Glrn,ysoll Count"y $,539,083 SI, Paul '.), 2.1. Gl r ("a ^ I I v i I I 1:' $ 203, 112 Stafford 1175,145 Glvgg Comity $243,7+1 Sl,}0.gpcoach $3,036 Grcgply $1,697 Stamford $398 G' 1-cy, Forest, $47�1 SU�ult'oll &3,838 ('31-imes Comity $94,878 st'aplos $10 Grocskcch $5,745 Still. I larbor $151 Grooill $965 Starr Counly $99,896 G'rov(N $40,752 stvpliclis 0:lIlllty $35,244 Grovct'on $8827 s(ephonvillc $83,472 ("I'llver s J" I m.; st'vi-filig City $62 Guadalupe County $ ld 6,824 S(orlilig Cc:ounty $9319 Gun BAI'l,rel Cit, J y $36,302 Stinnett $4,097 ("Ind'or $4,609 Stxwkdalo $741 GlIsCilic $3111 st,olic'mall County $1 ,822 Mtrkhcrry $94 Stratford $8,378 flale Contol. $6,042 Sl rawn $987 14"lle C'ounty $ 79,15 0 st'rect man $5 1 I'all ("Coulty $8�933 sudall $32 flalle't1sville $6j,895 Sugar Land $321,561 1 fall""blirg, $272 Sullivall (.',1t,y $6, 121 flallsvillo $10,239 Sulphur Springs $ t 24,603 flakoill Cit'y 871,800 sula Valley $,I I'laillilt,oll $113,581 Sluldown $2,592 flaildRoll CoulAy $66,357 Sunnyvnlo $3,248 Muldill $zl,656 sullray $2,571 Ilarlsford Could, y S, 16, ,11 (i Sunrise 13'each vilhige $2,(983 1 I'a ppy $327 sunscl Valley $9,425 flardon)"m County 815,219 Surfiddo Bcac]i u'5"w I'hirdill $100 StItAoll County $6,541 Hardin (."ollll(y S379,800 Sweeny $4,503 Harker floig,14s $11 '3,68 1 swc("'�OA""fl'or $68,218 I-larlingerl $165 14 29 Swisher County $7,251 11"o-ris, County $1,1,966,202 Tafi $5,861 Ilarrisoll County $185,910 J'RhOha' $430 Hart $86 Talco $372 Hartley County $786 Talty $9,124 Haskell $10,829 Tarrant County $6,171,159 Haskell County $22,011 Tatum $972 Haslet $1,908 Taylor $57,945 Hawk Cove $674 Taylor County $351,078 Hawkins $7,932 Taylor Lake Village $412 Hawley $931 Taylor Landing $153 Hays $506 Teague $1,714 Hays County $529,489 Tehuacana $12 Hearne $16,824 Temple $280,747 Heath $28,751 Tenaha $4,718 Hebron $687 Terrell $148,706 Hedley $70 Terrell County $5,737 Hedwig Village $13,067 Terrell Hills $9,858 Helotes $15,790 Terry County $25,423 Hemphill $8,035 Texarkana $192,094 Hemphill County $14,394 Texas City $298,702 Hempstead $21,240 Texhoma $156 Henderson $59,966 Texline $865 Henderson County $327,965 The Colony $114,297 Henrietta $2,720 The Hills $1,004 Hereford $20,423 Thompsons $1,897 Hewitt $19,776 Thorndale $1,595 Hickory Creek $16,510 Thornton $270 Hico $5,534 Thorntonville $87 Hidalgo $26,621 Thrall $825 Hidalgo County $1,253,103 Three Pdvers $4,669 Hideaway $922 Throckmorton $29 Higgins $43 Throckmorton County $5,695 Highland Haven $320 Tiki Island $2,178 Highland Park $43,383 Timbercreek Canyon $369 Highland Village $50,315 Timpson $12,642 Hill Country Village $6,485 Tioga $2,390 Hill County $127,477 Tira $185 Hillcrest $5,345 Titus County $70,611 Hillsboro $46,609 Toco $4 Hilshire Village $859 Todd Mission $1,680 Hitchcock $28,796 Tolar $2,369 Hockley County $46,407 Tom Bean $2,293 Page 15 Holiday Lakcs $1,795 Tom Grccl) County $282,427 1 Jolla I Id $77 Tomball $34,620 I folliday 5,910 Tool $14,787 1 follywood $9,424 Toyall $ZIO Hondo $115,288 Tra.vis County $4,703,473 1 loney ('11-ove $7,196 rrrc iit $63 Ilood County $29211,05 Trcnt,(,ai $3,089 Hooks $2,702 Trillidad $5,859 Hopkin5 Comity 149"') I'S Trinity $23,652 Horizon City $7,520 Trinity County $105,760 Horseshoe Bay $,18,17,3 TrOphy Club $29,370 Jjollm,on County $78,618 Troul) $7,918 Houston $7,021,79:3 Troy $5,320 floward County $89,330 Ti t I ia $8,91 t I-lowardwick $84 TurkeY $7,37 Howe $9,177 Tu""'Cola $138 I-Jubb"ird $3,635 Tyc $1,766 Iludsoll S(j,841) Tyler $723,829 Hudson O'aks $15,637 Tyler County $131,743 Illids'puth County $985 U11hand $1,545 11 11glies sprilig.", $4,442 Uncertain $185 Humble $73,952 Union Grow $994 111111t ccainty $309,851 Union Valley $666 I-linflers Creek Village $14,708 Univers"ll cit"), $28,428 111131tingtoll $8,792 UniversitN Park $50,833 111.111(sville $80,373 Upslim. County $128,300 11111'tit; $99,187 UlAx.)n County s8"199 Hutchins $9,551 Uvalde $18,139 Hutchinson C'011111'y $74,630 Uvalde County $361244 111111110 $38,346 Val Verde Comity $1-17,815 Huxley S7138 VnIcIlLilic $207 Idalou $1,999 Vallcy Mills $2,228 ImPact- $8 Valley View $ t,824 Indian Lake $473 Van $6,206 Industry $60/1 Van Alstyne $43,749 Ingleside on the Bay $1/12 Van Horn $211 Ingle'sido $40,487 Van zandi, County $248,747 I ng ra n 1 $5,243 Vega, $974 Iola, $3,11ji Venus $9,792 low"'i Colony $4,090 verimil $81,337 Payc 16 hwu Pw-k $2.3J87 vuhni"'I $84598 Inmil $56 VMS co"WY $5A),886 IMMI $216 xf An. $95120 Ism (Way SV 105 Won W Imig MTSIS vulmac &'311 15137 S5Q9 M (hniy $513 hAw"'I upot Vow SM 2JX)7 Ivanhoe $20 TvMMr S3427 Woo My l 14, 1 111 Wake Village $174 Jwk Chwhy $1,1,799 Walk .,r (..'ouwy $184,621 Mkilwa) $23,254 Waller County $ N606 JMAOM cMMQr Mom wAki- S11,295 JaMonvilk Ot1h) Wams A M98 Janmka AM 1 ;�3 "I'allull, Springs S 183 'J'allell 82,423 Wixd County $67520 Jnspc�r SM,422 warre'll COY $66 Jnsper CAndy $ 2 (18, K F) WasldnAton County $83127 dayum IS 6: 3 Waskom $5,346 'Jeff Davis Coulity MAN Md anp S33116 JefITTSM) $1 ljm NVnxalnulik, $152,0N Jcd'fen'm�)ll C"oulity $7561614 Weatherford SM7,872 JUMW Mp S36,317 \NIO)h C!olinty $MMA)l 'Jewe'tt, 8!�)7*38 Webberville, $1,280 An Ihjg chmilf"), 012,7148 Webster S53a02 Jim Wells County Mjm \Twwr S51M 'lo"IfIllin $810 Weillert $23.1 JWMWM My S, Weir $= Johnson Colully $08nd Whonn Jolly $26 Wellinall Jolic"S County $22,001, woll's $1 a57 Jollus ("reck S51as v6shro MaO ,Jo llestowil $6010 v4st SQ22 Joscphille $881 West. ("ollillibia $17,958 lmhlul S20,6 19 \V(""A Lake Hills A 7 156 Jonrdanton so,tim West Ornuge $42J52 houlkAl S4A25 "Ist Tawahmi $6,9"-' JUS1,51 $8,,'575 WeSI, Ulljvcrsity Place $3(1172 lf.MN My $4 1,632 Westbrook M3 Karnes County $35,2,19 Westinko $41540 Katy $52,,167 W(Ni,oll M; =M811 lKaurtruall $27,607 Weston Lnkes $189 Kaufman Comity $353,047 Westow-,r [']ills Keene $38,296 %'est'"'orth villago $7,8,12 Keller $ 79, 18 9 '", Iv I r to) 1 $31,700 Kemah $28,32,5 Wht-otoll C'omltv $72,887 KcIIII) $6,1] 9 whoder $4,17 xemplic-1, $3 3 f ) Wheeler Comily $26,273 Kendall County $100,6113 White Deor $1,273 Kelidlel'oll $1 13 White 0,ak $15,305 Kenoly $676 White 80(jolm",q)t $23,30,1 Kenc(ly Count'), $1,0(9) Whitofiftcc $155 Kenefick t 6 Whito'house $29,0 17 lKelmord $132 Wbifesboro $18,!"1:32 Rclu I ed"I'le 821,(124 W)Iit'i"'wrig] I t, $7,098 Nold County $939 whil Iley K,") Kerens $1,921 tVichit,o Coulity 55,52,371 Kermit 135,652 Mlichita Falls S832,574 Xcrr County S218,452 W'id�M,A, $87 Kerrville, S 190,3 57 Wilbarger County, $55, 124 Kilp,olv $1015,583 Willacy Cbmity $24,58 Killeen $535,650 Williamison $ 1, 195,987 Ximble County 1520,180 Willis $2,1,384 King ComICY $ J,000 kAlillow Pork $2(,i,737 Kbigs,ville $20j183 Wills F'oiul U3,765 Kinney Could"), $2, 142 Wilmtl, $126 Kid)Y $8J52 Wilson S,' 12 Kirby villo $ I oj;4Jo Wilson ("ouncy $ 12 1,031 Kirvill S2 wirlihel-loy $721 Kleborg County $124,109 \Vindcrcst S 12,908 Knollwood $ I , I w) Windon) $ 1,087 Knox (,,',i(,y $I ,962 Windthorst $3,385 Nnox County $11,730 kVinfiold $290 Rosso $2,468 VVi i i k $120 Kount,ze $19,716 Winkler County $61, 163 $118(3 Winnsboro $28,79 1 K rtlg'(�,rvillv $1,5()8 WhIon"I $13 � 9 KI-11111 s),()o I Winters $6,229 Kurtoll 1$1 6 8 6 Wisc Comity $289,074 Xyle Sr) 1,835 Wixon Vaa,l](:,,,y 1 La 1orm $1,0,381 \Volfc' City IA clmnp $0123 "AAM&I SIJU2 La GnAt $1j(N Nvood ("'olluty SM7M8 U JWa $8157 NVMAIMUWII SUY17 IAI kjanpw $98793() Woodcreck $358 La l'orLe $91,532 \'Voodloch SIM12 La Sdk Cmmt,y $ H 7975 Woodshoro s I M) La Vank), Ma17 vvmvkoll 1122 La Villa $572 Woodvi& $2%340 La ward $321 "loodway $25913 LaCoM c $ 1559 Worthmil $376 lAuT-Lak(wiew $1 L599 Wyk, $114,708 1.aAaakailiat, S2MlI WAS S2J172 Lago ViMt 51,31768 YoAum C,,mmity S11001 Wguml vita $3,89 Youkum SD1210 Like BridgepoN $232 Onstown $5A47 IAN! City S21113 Young (burvy SAJ20 Like Dallas $' 2 5),: 3 H Zapata ('oulity s5nao Lake Jackson SMJ81 Was COM, M,147 IAN; Ailkwond $613 Mali lAwl WWI $20151 M�Mlll �3;I1Iir�] Exhibit C: TX Opioid Council & Health Care Region Allocations plus Administrative Costs 70% of Total ($700 million) Health Care Region Allocation*: $693 million; Administrative Costs: $7 million Region Counties in Health Care Region Allocation Anderson, Bowie, Camp, Cass, Cherokee, Delta, Fannin, Franklin, Freestone, Gregg, 1 Harrison, Henderson, Hopkins, Houston, Hunt, Lamar, Marion, Morris, Panola, Rains, Red, River, Rusk, Smith, Titus, Trinity, Upshur, Van, Zandt, Wood $38,223,336 2 Angelina, Brazoria, Galveston, Hardin, Jasper, Jefferson, Liberty, Nacogdoches, Newton, Orange, Polk, Sabine, San Augustine, San Jacinto, Shelby, Tyler $54,149,215 3 Austin, Calhoun, Chambers, Colorado, Fort Bend, Harris, Matagorda, Waller, Wharton $120,965,680 4 Aransas, Bee, Brooks, De Witt, Duval, Goliad, Gonzales, Jackson, Jim Wells, Karnes, Kenedy, Kleberg, Lavaca, Live Oak, Nucces, Refugio, San Patricio, Victoria $27,047,477 5 Cameron, Hidalgo, Starr, Willacy $17,619,875 6 Atascosa, Bandera, Bexar, Comal, Dimmit, Edwards, Frio, Gillespie, Guadalupe, Kendall, Kerr, Kinney, La Salle, McMullen, Medina, Real, Uvalde, Val Verde, Wilson, Zavala $68,228,047 7 Bastrop, Caldwell, Fayette, Hays, Lee, Travis $50,489,691 8 Bell, Blanco, Burnet, Lampasas, Llano, Milam, Mills, San Saba, Williamson $24,220,521 9 Dallas, Kaufman $66,492,094 10 Ellis, Erath, Hood, Johnson, Navarro, Parker, Somervell, Tarrant, Wise $65,538,414 11 Brown, Callahan, Comanche, Eastland, Fisher, Haskell, Jones, Knox, Mitchell, Nolan, Palo Pinto, Shackelford, Stephens, Stonewall, Taylor $9,509,818 Armstrong, Bailey, Borden, Briscoe, Carson, Castro, Childress, Cochran, Collingsworth, Cottle, Crosby, Dallam, Dawson, Deaf Smith, Dickens, Donley, Floyd, Gaines, Garza, 12 Gray, Hale, Hall, Hansford, Hartley, Hemphill, Hockley, Hutchinson, Kent, King, Lamb, Lipscomb, Lubbock, Lynn, Moore, Motley, Ochiltree, Oldham, Parmer, Potter, Randall, Roberts, Scurry, Sherman, Swisher, Terry, Wheeler, Yoakum $23,498,027 13 Coke, Coleman, Concho, Crockett, Irion, Kimble, Mason, McCulloch, Menard, Pecos, Reagan, Runnels, Schleicher, Sterling, Sutton, Terrell, Tom Green $5,195,605 14 Andrews, Brewster, Crane, Culberson, Ector, Glasscock, Howard, Jeff Davis, Loving, Martin, Midland, Presidio, Reeves, Upton, Ward, Winkler $12,124,354 15 El Paso, Hudspeth $17,994,285 16 Bosque, Coryell, Falls, Hamilton, Hill, Limestone, McLennan $9,452,018 17 Brazos, Burleson, Grimes, Leon, Madison, Montgomery, Robertson, Walker, Washington $23,042,947 18 Collin, Denton, Grayson, Rockwall $39,787,684 19 Archer, Baylor, Clay, Cooke, Foard, Hardeman, Jack, Montague, Throckmorton, Wichita, Wilbarger, Young $12,665,268 20 Jim Hogg, Maverick, Webb, Zapata $6,755,656 Administrative Costs $7,000,000 * Each Region shall reserve 25% of its allocation for Targeted Funds under the guidelines of Exhibit A. EXHIBIT B SUBDIVISION SETTLEMENT PARTICIPATION FORM 0 Subdivision Settlement Participation Foram Governmental Entity: C;k of & pDrIe State: 71 Authorized Official: C,. Address 1: Coq Ii.,,,t f „A Address 2 City, State, Zip: G4 ar G 7 S-71 Phone: ,9S( o - -o1 Email: qIcyqjr C p Ir o, t. 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 Participation Form have the meanings defined therein, and agrees that by signing this Participation Form, 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, secure the dismissal with prejudice of 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. The Governmental Entity likewise agrees to arbitrate before the National Arbitration Panel as provided in, and for resolving disputes to the extent otherwise provided in, the Distributor Settlement. M 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 Participation Form is interpreted differently from the Distributor Settlement in any respect, the Distributor Settlement controls. I have all necessary power and authorization to execute this Participation Form on behalf of the Governmental Entity. Signature: ✓ ' ^� Name: Alf gander Title: C; Gh Ap e Date: 10 a 6 t 9 K-3 7. The Governmental Entity has the right to enforce the Distributor Settlement as provided therein. 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, and 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. M EXHIBIT K Settlement Participation Form Governmental Entity: CpkP La F, rke State: Authorized Official: C. r a4 r Address 1: Goq IJ. Pkstt. Address 2• IV City, State Zi : La (1a, c fly. 7-757( Phone: ft o - S tt Email: q e Jer 14,ar i- aV 4 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. 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 86 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. 87 I have all necessary power and authorization to execute this Election and Release on behalf of the Governmental Entity. Signature: Name: O, Crb�j Alexchder Title: C 14%, ll cn a g er Date: 88