HomeMy WebLinkAboutCity of Tamarac Resolution R-2022-020 ILA Opioid Settlement FundsTemp. Reso #13736
February 8, 2022
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2022- 01A0
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA RELATED TO THE OPIOID
SETTLEMENT, ADOPTING AN INTERLOCAL AGREEMENT
GOVERNING USE OF BROWARD COUNTY REGIONAL
OPIOID SETTLEMENT FUNDS; AUTHORIZING CITY
OFFICIALS TO EXECUTE ALL APPROPRIATE
DOCUMENTS CONSISTENT HEREWITH; DIRECTING THE
CITY CLERK TO TRANSMIT A COPY OF THIS
RESOLUTION TO BROWARD COUNTY; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, a national epidemic arose as a result of the manufacture, distribution,
and over -prescribing of opioid analgesics and resulted in opioid overdoses and addictions
throughout Broward County ("Opioid Epidemic"); and
WHEREAS, Broward County ("the County") and all Broward Municipalities
("Municipalities") have suffered harm from the Opioid Epidemic; and
WHEREAS, the State of Florida has filed an action pending in Pasco County,
Florida, and a number of Florida cities and counties have also filed an action titled In re:
National Prescription Opiate Litigation, MDL No. 2804 (N.D. Ohio) ("Opioid Litigation").
WHEREAS, the County is a litigating participant in the Opioid Litigation
settlement funds and proposed settlements have been developed to resolve certain
claims under the Opioid Litigation; and
WHEREAS, the Florida Memorandum of Understanding (the "Florida Plan")
sets forth the framework for a unified plan between the State of Florida and local
Temp. Reso #13736
February 8, 2022
Page 2
governments within the state of Florida regarding the proposed allocation and use of
Opioid Litigation settlement funds; and
WHEREAS, the Florida Plan, as currently drafted, divides the settlement funds into
three funds: (i) the City/County Fund (ii) the Regional Fund (iii) the State Fund. To receive
its share of the County Regional Fund, the County must qualify as a "Qualified County";
and
WHEREAS, to qualify as a Qualified County under the Florida Plan, the County
must have a population exceeding 300,000, have an Opioid abatement task force, and
enter into an agreement with its municipalities whose populations, taken together, contain
at least 50% of the County's population; and
WHEREAS, Broward County meets the population requirement with a 1.94 million
population; and
WHEREAS, Broward County Community Response Team ("BCCRT") is a task
force that advises, plans, and provides programs relating to the abatement of opioid
abuse and other substance abuse throughout Broward County; and
WHEREAS, the County operates the Broward Addiction Recovery Center
("BARC"), which provides substance abuse assessment, prevention, detoxification,
residential and outpatient services to adults aged 18 years and older; and
WHEREAS, BARC also provides treatment for substance abuse and co-occurring
disorders such as depression, anxiety, trauma, and other mental health concerns that
may contribute to an individual's substance abuse and dependence; and
WHEREAS, to meet the third requirement for a "Qualified County", the County is
requesting that each municipality approve an Interlocal Agreement Governing use of
Temp. Reso #13736
February 8, 2022
Page 3
Broward County Regional Opioid Settlement Funds (ILA), attached hereto as Exhibit "A"
by electronic signature and return the executed ILA no later than Friday, February 25,
2022; and
WHEREAS, without the ILA, the County Regional Funds will be allocated to
Broward Behavioral Health Coalition (BBHC), which would be required under the Florida
Plan to spend such funds within Broward County to the greatest extent practicable; and
WHEREAS, approval of the ILA enables Broward County to become eligible to
receive the Regional Funds, as a "Qualified County" ensuring that all allocated funds
remain in the County to provide services for local residents; and
WHEREAS, the City Commission recognizes that it is in the best interest of
Broward County and Municipalities to enter into the ILA governing the use of Broward
County Regional Opioid settlement funds to ensure the County qualifies as a "Qualified
County" and to receive County Regional Funds.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, THAT:
SECTION 1: The foregoing `WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this
Resolution. All exhibits attached hereto are incorporated herein and made a specific part
of this Resolution.
SECTION 2: The appropriate City Officials are hereby authorized to execute
the Interlocal Agreement between Broward County and Broward County Municipalities,
attached hereto and made a part hereof as Exhibit "A."
Temp. Reso #13736
February 8, 2022
Page 4
SECTION 3: The City Clerk is hereby directed to transmit the copy of this
Resolution to Broward County.
SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
SECTION 5: If any clause, section, other part or application of this Resolution is
held by any court of competent jurisdiction to be unconstitutional or invalid, in part or
application, it shall not affect the validity of the remaining portions or applications of this
Resolution.
"The remainder of this page has been left blank intentionally"
Temp. Reso #13736
February 8, 2022
Page 5
SECTION 6: This Resolution shall become effective immediately upon its passage
and adoption.
PASSED, ADOPTED AND APPROVED this 4'-�� day of , 2022.
V
MIC ELLE J. GOME
MAYOR
ATTEST:
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CITY CLERK
RECORD OF COMMISSION VOTE
MAYOR GOMEZ
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I HEREBY CERTIFY that I have
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Exhibit A
INTERLOCAL AGREEMENT
GOVERNING USE OF BROWARD COUNTY REGIONAL OPIOID SETTLEMENT FUNDS
This Interlocal Agreement ("Agreement") is made and entered into by and between
Broward County ("County"), a political subdivision of the state of Florida, and each of the
following municipalities that elects to enter into this Agreement: City of Coconut Creek, Cooper
City, City of Coral Springs, City of Dania Beach, Town of Davie, City of Deerfield Beach, City of Fort
Lauderdale, City of Hallandale Beach, Town of Hillsboro Beach, City of Hollywood, Town of
Lauderdale -by -the -Sea, City of Lauderdale Lakes, City of Lauderhill, Village of Lazy Lake, City of
Lighthouse Point, City of Margate, City of Miramar, City of North Lauderdale, City of Oakland
Park, City of Parkland, Town of Pembroke Park, City of Pembroke Pines, City of Plantation, City of
Pompano Beach, Village of Sea Ranch Lakes, Town of Southwest Ranches, City of Sunrise, City of
Tamarac, City of Weston, City of West Park, and City of Wilton Manors, each a municipal
corporation existing under the laws of the state of Florida (each a "Municipality" and collectively
the "Municipalities") (County and the Municipalities are collectively referred to as the "Parties").
Recitals
A. A national epidemic arose as a result of the manufacture, distribution, and over -
prescribing of opioid analgesics and resulted in opioid overdoses and addictions throughout
Broward County ("Opioid Epidemic").
B. County and Municipalities have suffered harm from the Opioid Epidemic.
C. County is a Charter County within the state of Florida, and has an estimated
population of 1,932,212 based on the most recent census data.
D. Municipalities are located in Broward County, Florida.
E. The state of Florida has filed an action pending in Pasco County, Florida, and a
number of Florida cities and counties have also filed an action titled In re: National Prescription
Opiate Litigation, MDL No. 2804 (N.D. Ohio) ("Opioid Litigation"). The County is a litigating
participant in the Opioid Litigation.
F. Proposed settlements have been developed to resolve certain claims under the
Opioid Litigation.
G. The Attorney General for the State of Florida ("Attorney General") anticipates that
settlement funds arising out of the Opioid Litigation will be distributed to the State of Florida
over multiple years as part of a global settlement, and not directly distributed to County and
Municipalities.
H. The Florida Memorandum of Understanding a/k/a Florida Opioid Allocation and
Statewide Response Agreement ("Florida Plan") attached hereto as Exhibit A sets forth the
framework for a unified plan between the state of Florida and local governments within the state
of Florida regarding the proposed allocation and use of Opioid Litigation settlement funds. The
Florida Plan, as currently drafted, divides the settlement funds into three funds: (i) the
City/County Fund; (ii) the Regional Fund; and (iii) the State Fund.
I. To receive its share of the Regional Fund (the "County Regional Funds," as defined
below), County must qualify as a "Qualified County" as that term is defined under the Florida
Plan.
J. If County does not qualify as a "Qualified County," the County Regional Funds will
be allocated to Broward Behavioral Health Coalition (BBHC), which would be required under the
Florida Plan to spend such funds within Broward County to the greatest extent practicable.
K. To qualify as a Qualified County under the Florida Plan, County must enter into an
Agreement with municipalities whose populations, taken together, contain at least 50% of the
County's population.
L. Under the Florida Plan, County will be required to expend the County Regional
Funds in Broward County for abatement of the effects of the Opioid Epidemic.
M. County has an abatement plan that is being utilized to respond to the Opioid
Epidemic.
N. The Broward County Community Response Team ("BCCRT") is a taskforce that
advises, plans, and provides for programs relating to the abatement of opioid abuse and other
substance abuse throughout Broward County.
0. County operates the Broward Addiction Recovery Center ("BARC"), which
provides substance abuse assessment, prevention, detoxification, residential, and outpatient
services to adults aged 18 years and older. BARC also provides treatment for substance abuse
and co-occurring disorders such as depression, anxiety, trauma, and other mental health
concerns that may contribute to an individual's substance abuse and dependence.
P. The Parties recognize that enabling County to receive the County Regional Funds
for expenditure in the best interest of all persons within the geographic boundaries of Broward
County will ensure that Opioid Litigation settlement funds are available and used to address
opioid-related impacts within Broward County.
Q. The Parties recognize that it is in the best interest of County and Municipalities to
enter into this Agreement to ensure County qualifies as a "Qualified County" to receive the
County Regional Funds pursuant to the Florida Plan.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the Parties agree as follows:
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ARTICLE 1. DEFINITIONS
1.1 Unless otherwise defined herein, all defined terms in the Florida Plan are incorporated
herein and shall have the same meanings as in the Florida Plan.
1.2 "County Regional Funds" shall mean the amount of the Regional Funds remitted to County
by the state of Florida, provided County qualifies as a Qualified County.
ARTICLE 2. CONDITIONS PRECEDENT
This Agreement shall become effective on the Commencement Date set forth in Article 3,
so long as the following conditions precedent have been satisfied:
A. Execution of this Agreement by County and Municipalities that, taken together,
contain at least 50% of the County's population, as required by Florida Plan to enable
County to become a Qualified County and receive the County Regional Funds from the
state of Florida;
B. Execution of all documents necessary to effectuate the Florida Plan in its final form;
and
C. Filing of this Agreement with the Clerk of the Circuit Court for County as required by
Florida Statutes Section 163.01.
ARTICLE 3. TERM
The term of this Agreement shall commence upon the satisfaction of all conditions precedent
stated in Article 2 ("Commencement Date"), and shall continue until one (1) year after the
expenditure of all County Regional Funds, unless otherwise terminated in accordance with the
provisions of the Florida Plan ("Term"). Obligations under this Agreement that by their nature
survive termination or expiration, including, but not limited to, any and all obligations relating to
record retention, audit, and indemnification, will survive and remain in effect after termination
or expiration of this Agreement.
ARTICLE 4. PLAN ADMINISTRATION
County is responsible for administering the County Regional Funds pursuant to the Florida Plan.
County staff shall provide all support services including but not limited to legal services, as well
as contract management, program monitoring, and reporting, required by the Florida Plan.
County is entitled to and shall receive no more than 5% from the County Regional Funds for
administrative fees as provided under the Florida Plan, and will deduct such administrative fees
on an annual basis. After such deduction, County shall spend all of the remaining County Regional
Funds on efforts to abate the deleterious effects of the Opioid Epidemic by utilizing funds for the
Approved Purposes (as defined in the Florida Plan), including the provisions related to Core
Services (if and as applicable) identified in Exhibit B. County shall spend the County Regional
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Funds on programs and in geographic areas based on demonstrated need throughout Broward
County without choosing or favoring any particular municipality, geographic area, or socio-
economic group.
ARTICLE 5. LOCAL GOVERNMENT REPORTING REQUIREMENTS
To the extent a Municipality receives County Regional Funds directly from County, that
Municipality agrees to spend such funds solely for Approved Purpose(s) (as defined in the Florida
Plan), and further agrees to timely satisfy all reporting requirements of the Florida Plan. In
addition to other available remedies, failure to comply with this provision may disqualify the
Municipality from further receipt of County Regional Funds.
ARTICLE 6. NON -APPROPRIATION
This Agreement is not a general obligation of the County. County is not obligated to expend any
funds under this Agreement except to the extent of County Regional Funds budgeted and actually
received, all of which the County agrees to expend consistent with the terms of this Agreement.
ARTICLE 7. GOVERNMENTAL IMMUNITY
Except to the extent sovereign immunity may be deemed to be waived by entering into this
Agreement, nothing herein is intended to serve as a waiver of sovereign immunity by County or
any Municipality nor shall anything included herein be construed as consent by County or any
Municipality to be sued by third parties in any matter arising out of this Agreement. County and
Municipalities are political subdivisions as defined in Section 768.28, Florida Statutes, and shall
be responsible for the negligent or wrongful acts or omissions of their employees pursuant to
Section 768.28, Florida Statutes.
ARTICLE 8. INSURANCE
Parties are entities subject to Section 768.28, Florida Statutes, and shall furnish the other Parties
with written verification of liability protection in accordance with state law upon request by the
requesting party.
ARTICLE 9. MISCELLANEOUS
9.1 Public Records. The Parties shall comply with all public records requirements of Chapter
119, Florida Statutes, as may be required by law.
IF ANY PARTY HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,
FLORIDA STATUTES, TO A PARTY'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE BROWARD COUNTY CUSTODIAN OF PUBLIC
RECORDS AT , EXT. @BROWARD.ORG,
Page 4 of 42
, FORT LAUDERDALE, FLORIDA
OR THE MUNICIPALITY'S CUSTODIAN OF PUBLIC RECORDS (SEE EXHIBIT
B FOR EACH MUNICIPALITY'S CUSTODIAN'S CONTACT INFORMATION).
9.2 Truth -In -Negotiation Representation. This Agreement is based upon representations
supplied by the Parties to each other and the Parties certify that the information supplied,
including without limitation in the negotiation of this Agreement, is accurate, complete, and
current at the time of contracting.
9.3 Public Entity Crime Act. Each of the Parties represents that it is familiar with the
requirements and prohibitions under the Public Entity Crime Act, Section 287.133, Florida
Statutes, and represents that its entry into this Agreement will not violate that Act. In addition
to the foregoing, each of the Parties further represents that there has been no determination
that it committed a "public entity crime" as defined by Section 287.133, Florida Statutes, and that
it has not been formally charged with committing an act defined as a "public entity crime"
regardless of the amount of money involved or whether it has been placed on the convicted
vendor list. Notwithstanding any provision in this Agreement to the contrary, if any
representation made by a party pursuant to this paragraph is false, each of the Parties shall have
the right to immediately terminate this Agreement.
9.4 Third Party Beneficiaries. Neither County nor the Municipalities intend to directly or
substantially benefit a third party by this Agreement. Therefore, the Parties acknowledge that
there are no third -party beneficiaries to this Agreement and that no third party shall be entitled
to assert a right or claim against any party based upon this Agreement. Nothing in this
Agreement, express or implied, is intended to (i) confer upon any entity or person other than the
Parties and their successors or assigns any rights or remedies under or by reason of this
Agreement as a third -party beneficiary or otherwise, except as specifically provided in this
Agreement; or (ii) authorize anyone not a party to this Agreement to maintain an action pursuant
to or based upon this Agreement.
9.5 Notices. In order for a notice to a party to be effective under this Agreement, notice must
be sent via U.S. first-class mail with a contemporaneous copy via e-mail to the addresses listed
below and shall be effective upon mailing. The addresses for notice shall remain as set forth
herein unless and until changed by providing notice of such change in accordance with the
provisions of this section.
FOR COUNTY:
Attn:
Email address:
FOR MUNICIPALITY:
Page 5 of 42
The addresses specified in Exhibit C.
9.6 Assignment. No Party shall have the right to assign this Agreement.
9.7 Materiality and Waiver of Breach. Each requirement, duty, and obligation set forth herein
was bargained for at arm's-length and is agreed to by the Parties. Each requirement, duty, and
obligation set forth herein is substantial and important to the formation of this Agreement, and
each is, therefore, a material term hereof. The failure of any Party to enforce any provision of
this Agreement shall not be deemed a waiver of such provision or modification of this Agreement.
A waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any
subsequent breach and shall not be construed to be a modification of the terms of this
Agreement.
9.8 Compliance with Laws. The Parties shall comply with all applicable federal, state, and
local laws, codes, ordinances, rules, and regulations in performing its duties, responsibilities, and
obligations pursuant to this Agreement.
9.9 Severability. In the event any part of this Agreement is found to be unenforceable by any
court of competent jurisdiction, that part shall be deemed severed from this Agreement and the
balance of this Agreement shall remain in full force and effect.
9.10 Joint Preparation. This Agreement has been jointly prepared by the Parties hereto, and
shall not be construed more strictly against any party.
9.11 Interpretation. The headings contained in this Agreement are for reference purposes only
and shall not in any way affect the meaning or interpretation of this Agreement. All personal
pronouns used in this Agreement shall include any other gender, and the singular shall include
the plural, and vice versa, unless the context otherwise requires. Terms such as "herein,"
"hereof," "hereunder," and "hereinafter" refer to this Agreement as a whole and not to any
particular sentence, paragraph, or section where they appear, unless the context otherwise
requires. Whenever reference is made to a section or article of this Agreement, such reference
is to the section or article as a whole, including all of the subsections of such section, unless the
reference is made to a particular subsection or subparagraph of such section or article.
9.12 Priority of Provisions. If there is a conflict or inconsistency between any term, statement,
requirement, or provision of any document or exhibit attached hereto or referenced or
incorporated herein and any provision of Articles 1 through 9 of this Agreement, the provisions
contained in Articles 1 through 9 shall prevail and be given effect.
9.13 Law, Jurisdiction, Venue, Waiver of Jury Trial. This Agreement will be interpreted and
construed in accordance with and governed by the laws of the State of Florida. The Parties
acknowledge and accept that jurisdiction of any controversies or legal problems arising out of
this Agreement, and any action involving the enforcement or interpretation of any rights
hereunder, will be exclusively in the State courts of the Seventeenth Judicial Circuit in Broward
Page 6 of 42
County, Florida, and venue for litigation arising out of this Agreement will be exclusively in such
State courts, forsaking any other jurisdiction that any party may claim by virtue of its residency
or other jurisdictional device. BY ENTERING INTO THIS AGREEMENT, THE PARTIES HEREBY
EXPRESSLY WAIVE ANY RIGHTS ANY PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL
LITIGATION RELATED TO THIS AGREEMENT.
9.14 Amendments. No modification, amendment, or alteration in the terms or conditions
contained herein shall be effective unless contained in a written document prepared with the
same or similar formality as this Agreement and executed by the Board and the Municipalities or
others with delegated authority or otherwise authorized to execute same on their behalf.
9.15 Prior Agreements. This Agreement represents the final and complete understanding of
the Parties regarding the subject matter hereof and supersedes all prior and contemporaneous
negotiations and discussions regarding that subject matter. There is no commitment, agreement,
or understanding concerning the subject matter of this Agreement that is not contained in this
written document.
9.16 Incorporation by Reference. Any and all Recital clauses stated above are true and correct
and are incorporated herein by reference. The attached Exhibits are incorporated into and made
a part of this Agreement.
9.17 Representation of Authority. Each individual executing this Agreement on behalf of a
party hereto hereby represents and warrants that he or she is, on the date he or she signs this
Agreement, duly authorized by all necessary and appropriate action to execute this Agreement
on behalf of such party and does so with full legal authority.
9.18 Counterparts and Multiple Originals. This Agreement may be executed in multiple
originals, and may be executed in counterparts, each of which shall be deemed to be an original,
but all of which, taken together, shall constitute one and the same agreement.
9.19 Force Maleure. If the performance of this Agreement, or any obligation hereunder, is
prevented by reason of epidemic, pandemic, hurricane, earthquake, or other casualty caused by
nature, or by labor strike, war, or by a law, order, proclamation, regulation, or ordinance of any
governmental agency, the party so affected, upon giving prompt notice to the other party, shall
be excused from such performance to the extent of such prevention, provided that the party so
affected shall first have taken reasonable steps to avoid and remove such cause of non-
performance and shall continue to take reasonable steps to avoid and remove such cause, and
shall promptly notify the other Parties in writing and resume performance hereunder whenever
such causes are removed; provided, however, that if such nonperformance exceeds sixty (60)
days, the party that is not prevented from performance by the force majeure event shall have
the right to terminate this Agreement upon written notice to the Parties. This section shall not
supersede or prevent the exercise of any right the Parties may otherwise have to terminate this
Agreement.
Page 7 of 42
IN WITNESS WHEREOF, the Parties have made and executed this Agreement: Broward
County, through its Board of County Commissioners, signing by and through its County
Administrator, authorized to execute same by Board action on the
day of 2022, and the City of , signing
by and through its officials, duly authorized to execute same.
WITNESSES:
Signature
Print/Type Name
Signature
Print/Type Name
AIM/DWF/dmv
12/01/2021
COUNTY
BROWARD COUNTY, by and through its
County Administrator
0
Bertha Henry, County Administrator
day of
Approved as to form by
Andrew J. Meyers
Broward County Attorney
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
By:
Danielle W. French
Deputy County Attorney
2022
(Date)
Page 8 of 42
INTERLOCAL AGREEMENT
GOVERNING USE OF BROWARD COUNTY REGIONAL OPIOID SETTLEMENT FUNDS
ATTEST:
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CITY OF TAMARAC
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Page 36 of 42
Exhibit A
FLORIDA OPIOID ALLOCATION AND
STATEWIDE RESPONSE
AGREEMENT
BETWEEN
STATE OF FLORIDA DEPARTMENT OF LEGAL AFFAIRS,
OFFICE OF THE ATTORNEY GENERAL
And
CERTAIN LOCAL GOVERNMENTS IN THE STATE OF FLORIDA
This Florida Opioid Allocation and Statewide Response Agreement (the "Agreement") is
entered into between the State of Florida (`State") and certain Local Governments ("Local
Governments" and the State and Local Governments are jointly referred to as the "Parties" or
individually as a "Party"). The Parties agree as follows:
Whereas, the people of the State and its communities have been harmed by misfeasance,
nonfeasance and malfeasance committed by certain entities within the Pharmaceutical Supply
Chain; and
Whereas, the State, through its Attorney General, and certain Local Governments, through
their elected representatives and counsel, are separately engaged in litigation seeking to hold many
of the same Pharmaceutical Supply Chain Participants accountable for the damage caused by their
misfeasance, nonfeasance and malfeasance as the State; and
Whereas, certain of the Parties have separately sued Pharmaceutical Supply Chain
participants for the harm caused to the citizens of both Parties and have collectively negotiated
settlements with several Pharmaceutical Supply Chain Participants; and
Whereas, the Parties share a common desire to abate and alleviate the impacts of that
misfeasance, nonfeasance and malfeasance throughout the State; and
Whereas, it is the intent of the State and its Local Governments to use the proceeds from
any Settlements with Pharmaceutical Supply Chain Participants to increase the amount of funding
presently spent on opioid and substance abuse education, treatment, prevention and other related
programs and services, such as those identified in Exhibits "A" and "B," and to ensure that the
funds are expended in compliance with evolving evidence -based "best practices;" and
Whereas, the State and its Local Governments enter into this Agreement and agree to the
allocation and use of the proceeds of any settlement described herein
Wherefore, the Parties each agree to as follows:
A. Definitions
As used in this Agreement:
1. "Approved Purpose(s)" shall mean forward -looking strategies, programming and
services used to expand the availability of treatment for individuals impacted by substance use
disorders, to: (a) develop, promote, and provide evidence -based substance use prevention
strategies; (b) provide substance use avoidance and awareness education; (c) decrease the
oversupply of licit and illicit opioids; and (d) support recovery from addiction. Approved Purposes
shall include, but are not limited to, the opioid abatement strategies listed in Exhibits "A" and "B"
which are incorporated herein by reference.
2. "Local Governments" shall mean all counties, cities, towns and villages located
within the geographic boundaries of the State.
3. "Managing Entities" shall mean the corporations selected by and under contract with
the Florida Department of Children and Families or its successor ("DCF") to manage the daily
operational delivery of behavioral health services through a coordinated system of care. The
singular "Managing Entity" shall refer to a singular of the Managing Entities.
4. "County" shall mean a political subdivision of the state established pursuant to s. 1,
Art. VIII of the State Constitution.
5. "Dependent Special District" shall mean a Special District meeting the requirements
of Florida Statutes § 189.012(2).
6. "Municipalities" shall mean cities, towns, or villages located in a County within the
State that either have: (a) a Population greater than 10,000 individuals; or (b) a Population equal
to or less than 10,000 individuals and that has either (i) filed a lawsuit against one or more
Pharmaceutical Supply Chain Participants; or (ii) executes a release in connection with a
settlement with a Pharmaceutical Supply Chain participant. The singular "Municipality" shall
refer to a singular city, town, or village within the definition of Municipalities.
7. "'Negotiating Committee" shall mean a three -member group comprised by
representatives of the following: (1) the State; and (2) two representatives of Local Governments
of which one representative will be from a Municipality and one shall be from a County
(collectively, "Members") within the State. The State shall be represented by the Attorney General
or her designee.
8. "Negotiation Class Metrics" shall mean those county and city settlement allocations
which come from the official website of the Negotiation Class of counties and cities certified on
September 11, 2019 by the U.S. District for the Northern District of Ohio in In re National
Prescription Opiate Litigation, MDL No. 2804 (N.D. Ohio). The website is located at
https:Hallocationmap.iclaimsonline.com.
9. "Opioid Funds" shall mean monetary amounts obtained through a Settlement.
2
10. "Opioid Related" shall have the same meaning and breadth as in the agreed Opioid
Abatement Strategies attached hereto as Exhibits "A" or "B."
11. "Parties" shall mean the State and Local Governments that execute this Agreement.
The singular word "Party" shall mean either the State or Local Governments that executed this
Agreement.
12. "PEC" shall mean the Plaintiffs' Executive Committee of the National Prescription
Opiate Multidistrict Litigation pending in the United States District Court for the Northern District
of Ohio.
13. "Pharmaceutical Supply Chain" shall mean the entities, processes, and channels
through which Controlled Substances are manufactured, marketed, promoted, distributed or
dispensed.
14. "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.
15. "Population" shall refer to published U.S. Census Bureau population estimates as of
July 1, 2019, released March 2020, and shall remain unchanged during the term of this Agreement.
These estimates can currently be found at https:Ilwww.census. gov. For purposes of Population
under the definition of Qualified County, a County's population shall be the greater of its
population as of the July 1, 2019, estimates or its actual population, according to the official U.S.
Census Bureau count, which was released by the U.S. Census Bureau in August 2021.
16. "Qualified County" shall mean a charter or non -chartered County that has a
Population of at least 300,000 individuals and: (a) has an opioid taskforce or other similar board,
commission, council, or entity (including some existing sub -unit of a County's government
responsible for substance abuse prevention, treatment, and/or recovery) of which it is a member or
it operates in connection with its municipalities or others on a local or regional basis; (b) has an
abatement plan that has been either adopted or is being utilized to respond to the opioid epidemic;
(c) is, as of December 31, 2021, either providing or is contracting with others to provide substance
abuse prevention, recovery, and/or treatment services to its citizens; and (d) has or enters into an
interlocal agreement with a majority of Municipalities (Majority is more than 50% of the
Municipalities' total Population) related to the expenditure of Opioid Funds. The Opioid Funds to
be paid to a Qualified County will only include Opioid Funds for Municipalities whose claims are
released by the Municipality or Opioid Funds for Municipalities whose claims are otherwise
barred. For avoidance of doubt, the word "operate" in connection with opioid task force means to
do at least one of the following activities: (1) gathers data about the nature, extent, and problems
being faced in communities within that County; (2) receives and reports recommendations from
other government and private entities about activities that should be undertaken to abate the opioid
epidemic to a County; and/or (3) makes recommendations to a County and other public and private
leaders about steps, actions, or plans that should be undertaken to abate the opioid epidemic. For
avoidance of doubt, the Population calculation required by subsection (d) does not include
Population in unincorporated areas.
17. "SAMHSA" shall mean the U.S. Department of Health & Human Services,
Substance Abuse and Mental Health Services Administration.
18. "Settlement" shall mean the negotiated resolution of legal or equitable claims against
a Pharmaceutical Supply Chain Participant when that resolution has been jointly entered into by
the State and Local Governments or a settlement class as described in (13)(1) below.
19. "State" shall mean the State of Florida.
B. Terms
1. Only Abatement - Other than funds used for the Administrative Costs and Expense
Fund as hereinafter described or to pay obligations to the United States arising out of Medicaid or
other federal programs, all Opioid Funds shall be utilized for Approved Purposes. In order to
accomplish this purpose, the State will either: (a) file a new action with Local Governments as
Parties; or (b) add Local Governments to its existing action, sever any settling defendants. In either
type of action, the State will seek entry of a consent judgment, consent order or other order binding
judgment binding both the State and Local Governments to utilize Opioid Funds for Approved
Purposes ("Order") from the Circuit Court of the Sixth Judicial Circuit in and for Pasco County,
West Pasco Division New Port Richey, Florida (the "Court"), except as herein provided. The
Order may be part of a class action settlement or similar device. The Order shall provide for
continuing jurisdiction by the Court to address non-performance by any party under the Order.
2. Avoid Claw Back and Recoupment - Both the State and Local Governments wish
to maximize any Settlement and Opioid Funds. In addition to committing to only using funds for
the Expense Funds, Administrative Costs and Approved Purposes, both Parties will agree to utilize
a percentage of funds for the Core Strategies highlighted in Exhibit A. Exhibit A contains the
programs and strategies prioritized by the U.S. Department of Justice and/or the U.S. Department
of Health & Human Services ("Core Strategies"). The State is trying to obtain the United States'
agreement to limit or reduce the United States' ability to recover or recoup monies from the State
and Local Government in exchange for prioritization of funds to certain projects. If no agreement
is reached with the United States, then there will be no requirement that a percentage be utilized
for Core Strategies.
3. No Benefit Unless Fully Participating - Any Local Government that objects to or
refuses to be included under the Order or refuses or fails to execute any of documents necessary
to effectuate a Settlement shall not receive, directly or indirectly, any Opioid Funds and its portion
of Opioid Funds shall be distributed to, and for the benefit of, the Local Governments. Funds that
were a for a Municipality that does not join a Settlement will be distributed to the County where
that Municipality is located. Funds that were for a County that does not join a Settlement will be
distributed pro rata to Counties that join a Settlement. For avoidance of doubt, if a Local
Government initially refuses to be included in or execute the documents necessary to effectuate a
Settlement and subsequently effectuates such documents necessary to join a Settlement, then that
Local Government will only lose those payments made under a Settlement while that Local
Government was not a part of the Settlement. If a Local Government participates in a Settlement,
that Local Government is thereby releasing the claims of its Dependent Special District claims, if
any.
11
4. Distribution Scheme — If a Settlement has a National Settlement Administrator or
similar entity, all Opioids Funds will initially go to the Administrator to be distributed. If a
Settlement does not have a National Settlement Administrator or similar entity, all Opioid Funds
will initially go to the State, and then be distributed by the State as they are received from the
Defendants according to the following distribution scheme. The Opioid Funds will be divided into
three funds after deducting any costs of the Expense Fund detailed below. Funds due the federal
government, if any, pursuant to Section B-2, will be subtracted from only the State and Regional
Funds below:
(a) City/County Fund- The city/county fund will receive 15% of all Opioid Funds
to directly benefit all Counties and Municipalities. The amounts to be distributed to each
County and Municipality shall be determined by the Negotiation Class Metrics or other
metrics agreed upon, in writing, by a County and a Municipality, which are attached to this
Agreement as Exhibit "C." In the event that a Municipality has a Population less than
10,000 people and it does not execute a release or otherwise join a Settlement that
Municipalities share under the Negotiation Class Metrics shall be reallocated to the
County where that Municipality is located.
(b) Regional Fund- The regional fund will be subdivided into two parts
(i) The State will annually calculate the share of each County within the State
of the regional fund utilizing the sliding scale in paragraph 5 of the Agreement, and
according to the Negotiation Class Metrics.
(ii) For Qualified Counties, the Qualified County's share will be paid to the
Qualified County and expended on Approved Purposes, including the Core Strategies
identified in Exhibit A, if applicable.
(iii) For all other Counties, the State will appropriate the regional share for
each County and pay that share through DCF to the Managing Entities providing
service for that County. The Managing Entities will be required to expend the monies
on Approved Purposes, including the Core Strategies as directed by the Opioid
Abatement Task Force or Council. The Managing Entities shall expend monies from
this Regional Fund on services for the Counties within the State that are non -
Qualified Counties and to ensure that there are services in every County. To the
greatest extent practicable, the Managing Entities shall endeavor to expend monies
in each County or for citizens of a County in the amount of the share that a County
would have received if it were a Qualified County.
(c) State Fund - The remainder of Opioid Funds will be expended by the State
on Approved Purposes, including the provisions related to Core Strategies, if applicable.
(d) To the extent that Opioid Funds are not appropriated and expended in a
year by the State, the State shall identify the investments where settlement funds will be
deposited. Any gains, profits, or interest accrued from the deposit of the Opioid Funds to
the extent that any funds are not appropriated and expended within a calendar year, shall
be the sole property of the Party that was entitled to the initial amount.
(e) To the extent a County or Municipality wishes to pool, comingle, or
otherwise transfer its share, in whole or part, of Opioid Funds to another County or
Municipality, the comingling Municipalities may do so by written agreement. The
comingling Municipalities shall provide a copy of that agreement to the State and any
settlement administrator to ensure that monies are directed consistent with such
agreement. The County or Municipality receiving any such Opioid Funds shall assume
the responsibility for reporting how such Opioid Funds were utilized under this
Agreement.
5. Regional Fund Sliding Scale- The Regional Fund shall be calculated by utilizing the
following sliding scale of the Opioid Funds available in any year after deduction of Expenses and
any funds due the federal government:
A. Years 1-6: 40%
B. Years 7-9: 35%
C. Years 10-12: 34%
D. Years 13-15: 33%
E. Years 16-18: 30%
6. Opioid Abatement Taskforce or Council - The State will create an Opioid Abatement
Taskforce or Council (sometimes hereinafter "Taskforce" or "Council') to advise the Governor,
the Legislature, DCF, and Local Governments on the priorities that should be addressed by
expenditure of Opioid Funds and to review how monies have been spent and the results that have
been achieved with Opioid Funds.
(a) Size - The Taskforce or Council shall have ten Members equally balanced
between the State and the Local Government representatives.
(b) Appointments Local Governments - Two Municipality representatives will be
appointed by or through Florida League of Cities. Two county representatives, one from a
Qualified County and one from a county within the State that is not a Qualified County, will
be appointed by or through the Florida Association of Counties. The final representative
will alternate every two years between being a county representative (appointed by or
through Florida Association of Counties) or a Municipality representative (appointed by or
through the Florida League of Cities). One Municipality representative must be from a city
of less than 50,000 people. One county representative must be from a county of less than
200,000 people and the other county representative must be from a county whose population
exceeds 200,000 people.
(c) Appointments State -
(i) The Governor shall appoint two Members.
(ii) The Speaker of the House shall appoint one Member.
r
(iii) The Senate President shall appoint one Member.
(iv) The Attorney General or her designee shall be a Member.
(d) Chair - The Attorney General or designee shall be the chair of the Taskforce
or Council.
(e) Term - Members will be appointed to serve a four-year term and shall be
staggered to comply with Florida Statutes § 20.052(4)(c).
(f) Support - DCF shall support the Taskforce or Council and the Taskforce or
Council shall be administratively housed in DCF.
(g) Meetings - The Taskforce or Council shall meet quarterly in person or virtually
using communications media technology as defined in section 120.54(5)(b)(2),
Florida Statutes.
(h) Reporting_- The Taskforce or Council shall provide and publish a report
annually no later than November 30th or the first business day after November 30th,
if November 30th falls on a weekend or is otherwise not a business day. The report
shall contain information on how monies were spent the previous fiscal year by the
State, each of the Qualified Counties, each of the Managing Entities, and each of the
Local Governments. It shall also contain recommendations to the Governor, the
Legislature, and Local Governments for priorities among the Approved Purposes or
similar such uses for how monies should be spent the coming fiscal year to respond to
the opioid epidemic. Prior to July 1 st of each year, the State and each of the Local
Governments shall provide information to DCF about how they intend to expend
Opioid Funds in the upcoming fiscal year.
(i) Accountability_- The State and each of the Local Governments shall report its
expenditures to DCF no later than August 31 st for the previous fiscal year. The
Taskforce or Council will set other data sets that need to be reported to DCF to
demonstrate the effectiveness of expenditures on Approved Purposes. In setting those
requirements, the Taskforce or Council shall consider the Reporting Templates,
Deliverables, Performance Measures, and other already utilized and existing templates
and forms required by DCF from Managing Entities and suggest that similar
requirements be utilized by all Parties to this Agreement.
0) Conflict of Interest - All Members shall adhere to the rules, regulations and
laws of Florida including, but not limited to, Florida Statute § 112.311, concerning the
disclosure of conflicts of interest and recusal from discussions or votes on conflicted
matters.
7. Administrative Costs- The State may take no more than a 5% administrative fee
from the State Fund and any Regional Fund that it administers for counties that are not Qualified
Counties. Each Qualified County may take no more than a 5% administrative fee from its share of
the Regional Funds. Municipalities and Counties may take no more than a 5% administrative fee
from any finds that they receive or control from the City/County Fund.
7
8. Negotiation of Non -Multistate Settlements - If the State begins negotiations with a
Pharmaceutical Supply Chain Participant that is separate and apart from a multi -state negotiation,
the State shall include Local Governments that are a part of the Negotiating Committee in such
negotiations. No Settlement shall be recommended or accepted without the affirmative votes of
both the State and Local Government representatives of the Negotiating Committee.
9. Negotiation of Multistate or Local Government Settlements - To the extent
practicable and allowed by other parties to a negotiation, both Parties agree to communicate with
members of the Negotiation Committee regarding the terms of any other Pharmaceutical Supply
Chain Participant Settlement,
10. Program Requirements- DCF and Local Governments desire to make the most
efficient and effective use of the Opioid Funds. DCF and Local Governments will work to achieve
that goal by ensuring the following requirements will be minimally met by any governmental entity
or provider providing services pursuant to a contract or grant of Opioid Funds:
a. In either performing services under this Agreement or contracting with a
provider to provide services with the Opioid Funds under this Agreement, the State and
Local Governments shall be aware of and comply with all State and Federal laws, rules,
Children and Families Operating Procedures (CFOPs), and similar regulations relating
to the substance abuse and treatment services.
b. The State and Local Governments shall have and follow their existing policies
and practices for accounting and auditing, including policies relating to whistleblowers
and avoiding fraud, waste, and abuse. The State and Local Governments shall consider
additional policies and practices recommended by the Opioid Abatement Taskforce or
Council. c.In any award or grant to any provider, State and Local Governments shall
ensure that each provider acknowledges its awareness of its obligations under law and
shall audit, supervise, or review each provider's performance routinely, at least once
every year.
d. In contracting with a provider, the State and Local Governments shall set
performance measures in writing for a provider.
e. The State and Local Governments shall receive and report expenditures, service
utilization data, demographic information, and national outcome measures in a similar
fashion as required by the 42.U.S.C. s. 300x and 42 U.S.C. s. 300x-21.
f. The State and Local Governments, that implement evidenced based practice
models will participate in fidelity monitoring as prescribed and completed by the
originator of the model chosen..
g. The State and Local Governments shall ensure that each year, an evaluation of
the procedures and activities undertaken to comply with the requirements of this
Agreement are completed.
M.
h. The State and Local Governments shall implement a monitoring process that will
demonstrate oversight and corrective action in the case of non-compliance, for all
providers that receive Opioid Funds. Monitoring shall include:
(i) Oversight of the any contractual or grant requirements;
(ii) Develop and utilize standardized monitoring tools;
(iii) Provide DCF and the Opioid Abatement Taskforce or Council with
access to the monitoring reports; and
(iv) Develop and utilize the monitoring reports to create corrective action
plans for providers, where necessary.
11. Reporting and Records Requirements- The State and Local Governments shall
follow their existing reporting and records retention requirements along with considering any
additional recommendations from the Opioid Abatement Taskforce or Council. Local
Governments shall respond and provide documents to any reasonable requests from the State or
Opioid Abatement Taskforce or Council for data or information about programs receiving Opioid
Funds. The State and Local Governments shall ensure that any provider or sub -recipient of Opioid
Funds at a minimum does the following:
(a) Any provider shall establish and maintain books, records and documents
(including electronic storage media) sufficient to reflect all income and expenditures of
Opioid Funds. Upon demand, at no additional cost to the State or Local Government, any
provider will facilitate the duplication and transfer of any records or documents during the
term that it receives any Opioid Funds and the required retention period for the State or
Local Government. These records shall be made available at all reasonable times for
inspection, review, copying, or audit by Federal, State, or other personnel duly authorized
by the State or Local Government.
(b) Any provider shall retain and maintain all client records, financial records,
supporting documents, statistical records, and any other documents (including electronic
storage media) pertinent to the use of the Opioid Funds during the term of its receipt of
Opioid Funds and retained for a period of six (6) years after its ceases to receives Opioid
Funds or longer when required by law. In the event an audit is required by the State of
Local Governments, records shall be retained for a minimum period of six (6) years after
the audit report is issued or until resolution of any audit findings or litigation based on the
terms of any award or contract.
(c) At all reasonable times for as long as records are maintained, persons duly
authorized by State or Local Government auditors shall be allowed full access to and the
right to examine any of the contracts and related records and documents, regardless of the
form in which kept.
(d) A financial and compliance audit shall be performed annually and provided to
the State.
(e) All providers shall comply and cooperate immediately with any inspections,
reviews, investigations, or audits deemed necessary by The Office of the Inspector General
(section 20.055, F.S.) or the State.
(f) No record may be withheld nor may any provider attempt to limit the scope of
any of the foregoing inspections, reviews, copying, transfers or audits based on any claim
that any record is exempt from public inspection or is confidential, proprietary or trade
secret in nature; provided, however, that this provision does not limit any exemption to
public inspection or copying to any such record.
12. Expense Fund - The Parties agree that in any negotiation every effort shall be made
to cause Pharmaceutical Supply Chain Participants to pay costs of litigation, including attorneys'
fees, in addition to any agreed to Opioid Funds in the Settlement. To the extent that a fund
sufficient to pay the full contingent fees of Local Governments is not created as part of a Settlement
by a Pharmaceutical Supply Chain Participant, the Parties agree that an additional expense fund
for attorneys who represent Local Governments (herein "Expense Fund") shall be created out of
the City/County fund for the purpose of paying the hard costs of a litigating Local Government
and then paying attorneys' fees.
(a) The Source of Funds for the Expense Fund- Money for the Expense Fund
shall be sourced exclusively from the City/County Fund.
(b) The Amount of the Expense Fund- The State recognizes the value litigating
Local Governments bring to the State in connection with the Settlement because their
participation increases the amount of Incentive Payments due from each Pharmaceutical
Supply Chain Participant. In recognition of that value, the amount of funds that shall be
deposited into the Expense Fund shall be contingent upon on the percentage of litigating
Local Government participation in the Settlement, according to the following table:
Litigating Local
Government Participation in
the Settlement (by
percentage of the population)
Amount that shall be
paid into the Expense Fund
from (and as a percentage
of) the City/CountyCity/County fund
96 to 100%
10%
91 to 95%
7.5%
86 to 90%
5%
85%
2.5%
Less than 85%
0%
If fewer than 85% percent of the litigating Local Governments (by population) participate,
then the Expense Fund shall not be funded, and this Section of the Agreement shall be null and
void.
(c) The Timing of Payments into the Expense Fund- Although the amount of
the Expense Fund shall be calculated based on the entirety of payments due to the
City/County fund over a ten -to -eighteen -year period, the Expense Fund shall be funded
entirely from payments made by Pharmaceutical Supply Chain Participants during the first
two payments of the Settlement. Accordingly, to offset the amounts being paid from the
10
City/County Fund to the Expense Fund in the first two years, Counties or Municipalities
may borrow from the Regional Fund during the first two years and pay the borrowed
amounts back to the Regional Fund during years three, four, and five.
For the avoidance of doubt, the following provides an illustrative example regarding the
calculation of payments and amounts that may be borrowed under the terms of this MOU,
consistent with the provisions of this Section:
Opioid Funds due to State of Florida and Local Governments (over 10
to 18 years):
Litigating Local Government Participation:
City/County Fund (over 10 to 18 years):
Expense Fund (paid over 2 years):
Amount Paid to Expense Fund in 1 st year:
Amount Paid to Expense Fund in 2nd year
Amount that may be borrowed from Regional Fund in 1 st year:
Amount that may be borrowed from Regional Fund in 2nd year:
Amount that must be paid back to Regional Fund in 3rd year:
Amount that must be paid back to Regional Fund in 4th year:
Amount that must be paid back to Regional Fund in 5th year:
$1,000
100%
$150
$15
$7.5
$7.5
$7.5
$7.5
$5
$5
$5
(d) Creation of and Jurisdiction over the Expense Fund- The Expense Fund
shall be established, consistent with the provisions of this Section of the Agreement, by
order of the Court. The Court shall have jurisdiction over the Expense Fund, including
authority to allocate and disburse amounts from the Expense Fund and to resolve any
disputes concerning the Expense Fund.
(e) Allocation of Payments to Counsel from the Expense Fund- As part of the
order establishing the Expense Fund, counsel for the litigating Local Governments shall
seek to have the Court appoint a third -neutral to serve as a special master for purposes of
allocating the Expense Fund. Within 30 days of entry of the order appointing a special
master for the Expense Fund, any counsel who intend to seek an award from the Expense
Fund shall provide the copies of their contingency fee contracts to the special master. The
special master shall then build a mathematical model, which shall be based on each
litigating Local Government's share under the Negotiation Class Metrics and the rate set
forth in their contingency contracts, to calculate a proposed award for each litigating Local
Government who timely provided a copy of its contingency contract.
13. Dispute resolution- Any one or more of the Local Governments or the State may
object to an allocation or expenditure of Opioid Funds solely on the basis that the allocation or
expenditure at issue (a) is inconsistent with the Approved Purposes; (b) is inconsistent with the
distribution scheme as provided in paragraph,; (c) violates the limitations set forth herein with
respect to administrative costs or the Expense Fund; or (d) to recover amounts advanced from the
Regional Fund for the Expense Fund. There shall be no other basis for bringing an objection to the
approval of an allocation or expenditure of Opioid Funds. In the event that there is a National
Settlement Administrator or similar entity, the Local Governments sole action for non-payment of
amounts due from the City/County Fund shall be against the particular settling defendant and/or
the National Settlement Administrator or similar entity.
C. Other Terms and Conditions
1. Governing Law and Venue: This Agreement will be governed by the laws of the
State of Florida. Any and all litigation arising under the Agreement, unless otherwise specified in
this Agreement, will be instituted in either: (a) the Court that enters the Order if the matter deals
with a matter covered by the Order and the Court retains jurisdiction; or (b) the appropriate State
court in Leon County, Florida.
2. Agreement Management and Notification: The Parties have identified the
following individuals as Agreement Managers and Administrators:
a. State of Florida Agreement Manager:
Greg Slemp
PL-01, The Capitol, Tallahassee, FL 32399
850-414-3300
Greg.slemp@myfloridalegal.com
b. State of Florida Agreement Administrator
Janna Barineau
PL-01, The Capitol, Tallahassee, FL 32399
850-414-3300
Janna.barineau@myfloridalegal.com
C. Local Governments Agreement Managers and Administrators are listed on
Exhibit C to this Agreement.
Changes to either the Managers or Administrators may be made by notifying the other Party
in writing, without formal amendment to this Agreement.
3. Notices. All notices required under the Agreement will be delivered by certified
mail, return receipt requested, by reputable air courier, or by personal delivery to the designee
identified in paragraphs C.2., above. Either designated recipient may notify the other, in writing,
if someone else is designated to receive notice.
4. Cooperation with Inspector General: Pursuant to section 20.055, Florida Statutes,
the Parties, understand and will comply with their duty to cooperate with the Inspector General in
any investigation, audit, inspection, review, or hearing.
12
5. Public Records: The Parties will keep and maintain public records pursuant to
Chapter 119, Florida Statutes and will comply will all applicable provisions of that Chapter.
6. Modification: This Agreement may only be modified by a written amendment
between the appropriate parties. No promises or agreements made subsequent to the execution of this
Agreement shall be binding unless express, reduced to writing, and signed by the Parties.
7. Execution in Counterparts: This Agreement may be executed in any number of
counterparts, each of which shall be deemed to be an original, but all of which together shall
constitute one and the same instrument.
8. Assignment: The rights granted in this Agreement may not be assigned or
transferred by any party without the prior written approval of the other party. No party shall be
permitted to delegate its responsibilities or obligations under this Agreement without the prior
written approval of the other parties.
9. Additional Documents: The Parties agree to cooperate fully and execute any and
all supplementary documents and to take all additional actions which may be reasonably necessary
or appropriate to give full force and effect to the basic terms and intent of this Agreement.
10. Captions: The captions contained in this Agreement are for convenience only and
shall in no way define, limit, extend or describe the scope of this Agreement or any part of it.
11. Entire Agreement: This Agreement, including any attachments, embodies the entire
agreement of the parties. There are no other provisions, terms, conditions, or obligations. This
Agreement supersedes all previous oral or written communications, representations or agreements
on this subject.
12. Construction: The parties hereto hereby mutually acknowledge and represent that
they have been fully advised by their respective legal counsel of their rights and responsibilities
under this Agreement, that they have read, know, and understand completely the contents hereof,
and that they have voluntarily executed the same. The parties hereto further hereby mutually
acknowledge that they have had input into the drafting of this Agreement and that, accordingly, in
any construction to be made of this Agreement, it shall not be construed for or against any party,
but rather shall be given a fair and reasonable interpretation, based on the plain language of the
Agreement and the expressed intent of the parties.
13. Capacity to Execute Agreement: The parties hereto hereby represent and warrant
that the individuals signing this Agreement on their behalf are duly authorized and fully competent
to do so.
13
14. Effectiveness: This Agreement shall become effective on the date on which the last
required signature is affixed to this Agreement.
IN WITNESS THEREOF, the parties hereto have caused the Agreement to be executed by
their undersigned officials as duly authorized.
STATE OF FLORIDA
11/15/2021
By: DATED
Its:
14
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Exhibit C
Municipalities' Notice Contact Information
Municipality
Municipality's Notice Information (Article 9.5)
City of Coconut Creek
Department: City Clerk
Attn: Deputy City Clerk, Marianne Bowers
Address: 4800 West Copans Road, Coconut Creek, FL 33063
Email:.mbowers@coconutcreek.net
Cooper City
Department: City Clerk
Attn: City Clerk, Kathryn Sims
Address: 9090 SW 50th Place, Cooper City, FL 33328
Email: Ksims@coopercityfl.org
City of Coral Springs
Department: City Clerk
Attn: City Clerk, Debra Thomas
Address: 9500 W. Sample Road, Coral Springs, FL 33065
Email:.dthomas@coralsprings.org
City of Dania Beach
Department: City Clerk
Attn: City Clerk, Thomas Schneider
Address: 100 W. Dania Beach Boulevard, Dania Beach, FL 33004
Email: tschneider@daniabeachfl.gov
Town of Davie
Department: Town Clerk
Attn: Town Clerk, Evelyn Roig
Address: 6591 Orange Drive, Davie, FL 33314
Email: eroig@davie-fl.gov
City of Deerfield Beach
Department: City Clerk
Attn: City Clerk, Samantha Gillyard
Address: 150 NE 2"d Avenue, Deerfield Beach, FL 3441
Email: web.clerk@deerfield-beach.com
City of Fort Lauderdale
_
Department: City Clerk
Attn: City Clerk, Jeffrey A. Modareeli,
Contact: David Soloman
Address: 100 N. Andrews Avenue, Fort Lauderdale, FL 33301
Email: dsoloman@fortlauderdale.gov
City of Hallandale Beach
Department: City Clerk
Attn: City Clerk, Jenorgen M. Guillen
Address: 400 S. Federal Highway, Hallandale Beach, FL 33009
Email: cityclerkoffice@cohb.org
Town of Hillsboro Beach
Department: Town Clerk
Attn: Town Clerk, Sherry D. Henderson
Address: 1210 Hillsboro Mile, Hillsboro, FL 33062
Email: shenderson@townofhillsboro.com
City of Hollywood
Department: City Clerk
Attn: City Clerk, Patricia Cerny
Address: 2600 Hollywood Blvd., Room 221, Hollywood, FL 33020
Email: pcerny@hollywoodfl.orr
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Municipality
Municipality's Notice Information (Article 9.5)
Town of Lauderdale -by-
Department: Town Clerk
the -Sea
Attn: Town Clerk, Tedra Allen
Address: 4501 North Ocean Drive, Lauderdale -By -The -Sea, FL 33308
Email: TedraA@Ibts-fl.gov
City of Lauderdale Lakes
Department: City Clerk
Attn: City Clerk, Venice Howard
Address: 4300 NW 36th Street, Lauderdale Lakes, FL 33319
Email: veniceh@lauderdalelakes.org
City of Lauderhill
Department: City Clerk
Attn: City Clerk, Andrea M. Anderson
Address: 5581 W. Oakland Park Blvd., Lauderhill, FL 33313
Email: aanderson@lauderhil-fl.gov
Village of Lazy Lake
Department: Village Clerk
Attn: Donald Lunny, Jr., Esquire
Address: 100 SW 3rd Avenue, 3rd Floor, Fort Lauderdale, FL 33394
Email: Donald.Lunnv@brinkleymorgan.com
City of Lighthouse Point
Department: City Clerk
Attn: City Clerk
Address:2200 NE 381h Street, Lighthouse Point, FL 33064
Email: Ihpadmin@lighthousepoint.com
City of Margate
Department: City Clerk
Attn: City Clerk, Joseph J. Kavanagh
Address: 5790 Margate Blvd., Margate, FL 33063
Email: cityclerk@margatefl.com
City of Miramar
Department: City Clerk
Attn: City Clerk, Denise A. Gibbs
Address: 2300 Civic Center Place, Miramar, FL 33025
Email: dagibbs@miramarfl.com
City of North Lauderdale
Department: City Clerk
Attn: City Clerk, Elizabeth Garcia-Beckford
Address: 701 SW 71" Avenue, North Lauderdale, FL 33068
Email: egbeckford@nlauderdale.org
City of Oakland Park
Department: City Clerk
Attn: City Clerk, Renee M. Shrout
Address: 3650 NE 12th Avenue, Oakland Park, FL 33334
Email:.renees@oaklandparkfl.org
City of Parkland
Department: City Clerk
Attn: City Clerk, Alyson Morales
Address: 6600 University Drive, Parkland, FL 33067
Email: amorales@cityofparkland.org
Town of Pembroke Park
Department: Town Clerk
Attn: Town Clerk, Marlen D. Martell
Address: 3150 SW 52 Avenue, Pembroke Park, FL 33023
Email: townclerk@tppfl.gov
Page 41 of 42
Municipality
Municipality's Notice Information (Article 9.5)
City of Pembroke Pines
Department: City Clerk
Attn: City Clerk, Marlene Graham
Address: 601 City Center Way, 4th Floor
Email: mgraham(c@ppines.com
City of Plantation
Department: City Clerk
Attn: City Clerk, April Beggerow
Address: 400 NW 73 Avenue, Plantation, FL 33317
Email: abeggerow@plantation.org
City of Pompano Beach
Department: City Clerk
Attn: City Clerk, Asceleta Hammond
Address: 100 West Atlantic Blvd., Second Floor, Pompano Beach, FL 33060
Email: asceleta.hammond@copbfl.com
Village of Sea Ranch Lakes
Attn: Mayor Denise Bryan
Address: Sea Ranch Lakes, 1 Gatehouse Road, Sea Ranch Lakes, FL 33308
Email:.Ddoodv@gorencherof.com
Town of Southwest
Department: Town Clerk
Ranches
Attn: Town Clerk, Russell Muniz
Address: 13400 Griffin Road, Southwest Ranches, FL 33330
Email: rmuniz@southwestranches.org
City of Sunrise
Department: City Clerk
Attn: City Clerk, Felicia M. Bravo
Address: 10770 W. Oakland Park Blvd., Sunrise, FL 33351
Email: cityclerk@sunrisefl.gov
City of Tamarac
Department: City Clerk
Attn: City Clerk, Jennifer Johnson
Address: 7525 NW 88 Avenue, Tamarac, FL 33321
Email: Jennifer.Johnson@tamarac.org
City of Weston
Department: City Clerk
Attn: City Clerk, Patricia Bates
Address: 17200 Royal Palm Boulevard, Weston, FL 33326
Email: pbates@westonfl.org
City of West Park
Department: City Clerk
Attn: City Clerk
Address: 1965 South State Road 7, West Park, FL 33023
Email: agrant@cityofwestpark.org
City of Wilton Manors
Department: City Clerk
Attn: City Clerk, Faith Lombardo
Address: 2020 Wilton Drive, Wilton Manors, FL 3305
Email: flombardo@wiltonmanors.com
Page 42 of 42