Council to take action to approve the New National Opioids Secondary Manufacturers Settlements, to ratify and approve the execution of the Combined Participation Form on behalf of the City and authori
Extracted text (via pymupdf)
5152 characters
4.R CITY OF BUCKEYE Regular Council Meeting COUNCIL ACTION REPORT MEETING DATE: 09/16/25 AGENDA ITEM: 4.R. FIN - National Opioid Settlement with Secondary Manufacturers DATE PREPARED: 09/11/25 DISTRICT NO.: All STAFF LIAISON: Rob Roach, Grant Program Manager, rroach@buckeyeaz.gov, (623) 349-6165 DEPARTMENT: Financial Services AGENDA ITEM TYPE: Consent Agenda Items / New Business ACTION/MOTION: (This language identifies the formal motion to be made by the Council) Council to take action to approve the New National Opioids Secondary Manufacturers Settlements, to ratify and approve the execution of the Combined Participation Form on behalf of the City and authorizing the City to participate in the Secondary Manufacturers Settlements; and authorize the Mayor, City Manager, City Attorney, and City Clerk to take the steps necessary to carry out the terms of the Secondary Manufacturers Settlements on behalf of the City of Buckeye. SUMMARY PROJECT DESCRIPTION: Background: State and local governments across the country have been litigating against the opioid industry alleging that the industry utilized unethical and illegal practices with respect to promoting the use of opioids. In 2020, the State of Arizona and all 15 Counties agreed to the One Arizona Opiod Settlement Memorandum of Understanding. In December 2020, Council approved the One Arizona Opioid Settlement Memorandum of Understanding (MOU, a/k/a One Arizona Plan). The MOU served to jointly approach settlement negotiations with the Pharmaceutical Supply Chain Participants. In November 2021, Council approved the One Arizona Opioid Agreement, which establishes Arizona’s disbursement of the funds related to a national class action lawsuit against opioid manufacturers and distributors. In December 2022, Council approved the execution and delivery of the National Opioids Distributor Settlement Agreement with three opioid distributors: McKesson, AmerisourceBergen, and Cardinal; and the Janssen Settlement Agreement with opioid manufacturer Johnson & Johnson. In April 2023, Council approved the execution and delivery of the National Opioids Distributor and Settlement Agreements in the National Settlement(s) for five opioid distributors: Teva, Allergan, Walmart, Walgreens, and CVS. In August 2025 Council approved the execution and delivery of the Purdue Direct Settlement. Secondary Manufacturers Settlement: In August 2025, the proposed settlement known as the Secondary Manufacturers Settlement was reached with 8 distributors: Alvogen, Amneal, Apotex, Hikma, Indivior, Mylan, Sun, and Zydus. The next step in the process is for the Council to ratify and approve the submission of the Secondary Manufacturers' Combined Subdivision Participation and Release Form (Combined Participation Form). The Combined Participation Form provides for a complete waiver of any and all past, current, and future claims related to opioid use, as it relates to the eight (8) above-named opioid manufacturers. As discussed above, in 2020 the City approved the One Arizona Plan. Consequently, though the One Arizona Plan constitutes a joint approach to settlement negotiations, the State of Arizona serves as the representative with respect to negotiation and resolution of claims on behalf of participating local governments, including the City of Buckeye, so long as the City continues to participate in the One Arizona Plan. If a sufficient number of political subdivisions participate by submitting the attached Combined Participation Form to the national settlement administrators by October 8, 2025, the settlement will be finalized. The exact amount that will be disbursed and when the disbursement will take place is based on the total number of municipalities throughout the U.S. that sign off on the agreements. Failure to approve and submit the Combined Participation Form by October 8, 2025, will mean the City will not receive any funds from the settlements. To receive these critically needed funds to assist in addressing the opioid crisis in our community, the staff recommends Council ratify the signature on the Combined Participation Form authorizing the City to participate in the Secondary Manufacturers Settlement. (Additional information is available at One Arizona Agreement | Attorney General's Office) BENEFITS: Funds received from the Secondary Manufacturers Settlement will be used for treatment, prevention efforts, and education in our community related to the opioid crisis. FUTURE ACTION: Completion and submission of Combined Participation Form by October 8, 2025. FINANCIAL IMPACT STATEMENT: Funds received from these settlements will be used for treatment, prevention efforts, and education in the Buckeye community related to the opioid crisis. CURRENT FISCAL YEAR TOTAL COST: It is unknown how much the City will receive. BUDGETED: No FISCAL YEAR: 2026 FUND/DEPARTMENT: Police Items related to a project or facility location must include an attached vicinity map for Council Review. ATTACHMENTS: Opioid Secondary Mnaufacturers Participation agreement COB signed.pdf CAR_Recap_Opioid_Settlement_-_Secondary_Manufacturers__smf_rev_09.01.25_.pdf