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R-25-29RESOLUTION NO. R-25-29 A RESOLUTION APPROVING THE CITY'S PARTICIPATION IN THE PROPOSED SETTLEMENTS OF OPIOID-RELATED CLAIMS AGAINST ALVOGEN, AMNEAL, APOTEX, HI.K.MA, INDIVIOR, MYLAN, SUN, AND ZYDUS, AND THEIR RELATED CORPORATE ENTITIES, AND AUTHORIZING AND DIRECTING THE EXECUTION OF ANY DOCUMENTS NECESSARY TO EFFECTUATE THE CITY'S PARTICIPATION IN THE SETTLEMENTS WHEREAS, the opioid epidemic that has cost thousands of human lives across the country also impacts the City of Fairfax (the "City") by adversely impacting the delivery of emergency medical, law enforcement, criminal justice, mental health and substance abuse services, and other City services; and WHEREAS, the City has been required and will continue to be required to allocate substantial taxpayer dollars, resources, staff energy and time to address the damage the opioid epidemic has caused and continues to cause its citizens; and WHEREAS, eight settlement proposals have been negotiated that will cause eight opioids manufacturers, Alvogen, Inc., Amneal Pharmaceuticals, Inc., Apotex Corp, Hikma Pharmaceuticals USA, Inc., Indivior Inc., Mylan Pharmaceuticals Inc, Sun Pharmaceutical Industries, Inc., and Zydus Pharmaceuticals (USA) Inc. (collectively the "Manufacturers") to pay approximately $720 million nationwide to resolve opioid-related claims against it; and WHEREAS, the City has filed suit against certain of the manufacturers and their related corporate entities for their role in the distribution, manufacture, and sale of the pharmaceutical opioid products that have fueled the opioid epidemic that has harmed its citizens; and WHEREAS, the City's suit seeks recovery of the public funds previously expended and to be expended in the future to abate the consequences and harms of the opioid epidemic; and WHEREAS, the City has previously approved and adopted the Virginia Opioid Abatement Fund and Settlement Allocation Memorandum of Understanding (the "Virginia MOU"), and affirms that these eight pending settlements shall be considered "Settlements" that are subject to the Virginia MOU, and shall be administered and allocated in the same manner as the opioid settlements entered into previously with the Distributors, Janssen, Teva, Allergan, Walmart, CVS, Walgreens, and Kroger; and WHEREAS, the City's outside opioid litigation counsel has recommended that the City participate in the eight settlements in order to recover its share of the funds that the Manufacturers settlements would provide; and WHEREAS, the City Attorney has reviewed the available information about this matter and concurs with the recommendation of outside counsel. NOW THEREFORE BE IT RESOLVED that the City Council hereby, on behalf of the City, accepts the -Purdue Pharma bankruptcy plan and approves of the City's participation in the proposed settlements of opioid-related claims against the Manufacturers and their related corporate entities, and directs the City Attorney and/or the City's outside counsel, and the Mayor and/or the City Manager as necessary, to execute the documents necessary to effectuate the City's participation in the settlements, including the required release of claims against the Manufacturers. Adopted this 9r' day of September, 2025. Mayor ATTEST: City CrEv Vote: Mayor Read Aye Councilmember Amos Aye Councilmember Bates Aye Councilmember Hall Aye Councilmember Hardy -Chandler Aye Councilmember McQuillen Aye Councilmember Peterson Aye