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HomeMy WebLinkAbout2024 07 15 Consent 304 Interlocal Agreement for Contribution of Individual Settlement FundsCONSENT AGENDA ITEM 304 CITY COMMISSION AGENDA | JULY 15, 2024 REGULAR MEETING TITLE Interlocal Agreement for Contribution of Individual Settlement Funds SUMMARY On Monday January 24th, 2022 The City of Winter Springs Commission approved an interlocal agreement establishing the City's desire to turn over any potential opioid settlement funds to Seminole County for the funding of initiatives to combat the Opioid Crisis in Seminole County. A copy of this interlocal agreement is attached for reference. Upon execution of the initial Interlocal Agreement in 2022 Seminole County executed an MOU with the State allowing Seminole County to become a “Qualified County” to directly receive and manage Regional Funding. By Seminole County being recognized by the State as a "Qualified County" the Cities in Seminole County have the option to elect to contribute their allotted Settlement Funds to directly to the County. After reviewing the approved uses for funds and dialog with County Staff; City Staff recommends that Seminole County to be the direct recipient of the City's portion of the settlement funds. Final settlement funds scheduled to be paid to the City equal $263,110.71 through 2039. FUNDING SOURCE RECOMMENDATION Staff is recommending the City Commission authorize Mayor Kevin McCann execute the attached Interlocal Agreement. 474 475 476 477 478 479 480 481 482 483 484 485 486 487 488 489 490 491 492 493 494 495 496 497 498 499 500 501 502 503 504 505 506 Interlocal Agreement for Contribution of Individual Settlement Funds [1 of 11] INTERLOCAL AGREEMENT FOR CONTRIBUTION OF INDIVIDUAL SETTLEMENT FUNDS THIS INTERLOCAL AGREEMENT (“Agreement”) is made and entered into as of this _____ day of _______________, 20___, by and between the following Parties: Seminole County, a political subdivision of the State of Florida, whose address is Seminole County Services Building, 1101 East 1st Street, Sanford, Florida 32771, hereinafter referred to as COUNTY, and the City of Winter Springs, a Florida municipal corporation, hereinafter referred to as CITY. WITNESSETH: WHEREAS, the manufacture, distribution and over-prescribing of opioid analgesics (“opioids”) resulted in a national crisis of opioid-related deaths and hospitalizations; and WHEREAS, state and local governments across the nation bore a disproportionate share of the costs associated with responding to the national surge in opioid-related deaths and hospitalizations; and WHEREAS, many governmental entities throughout the country filed lawsuits against opioid manufacturers, distributors, and retailers (hereinafter, “Defendants”), to hold them accountable for the damage caused by their misfeasance, nonfeasance and malfeasance, as well as to recover monetary damages for past harm and financial compensation for ongoing and future abatement efforts; and WHEREAS, COUNTY deemed the opioid crisis significant enough to secure litigation counsel and individually elect to file suit against the Defendants; and WHEREAS, the lawsuit filed by COUNTY was consolidated with other lawsuits filed by state, tribal, and local governmental entities into what was known as the National Prescription 507 Interlocal Agreement for Contribution of Individual Settlement Funds [2 of 11] Opiate Litigation in the United States District Court for the Northern District of Ohio, Eastern Division, case number 1:17-MD-2804; and WHEREAS, as a result of the litigation, the Defendants negotiated settlements with tribal, state, and local government litigants; and WHEREAS, on January 25, 2022, pursuant to a Proposal Memorandum of Understanding (hereinafter, “State MOU”) promulgated by the Attorney General of the State of Florida, COUNTY executed an interlocal agreement with the seven cities of Seminole County entitled Interlocal Agreement Seminole County Regional Opioid Settlement Funds (hereinafter, “Regional Funding Agreement”); and WHEREAS, pursuant to the terms of the State MOU, the Regional Funding Agreement qualified COUNTY to become a “Qualified County” to directly receive and manage Regional Funding; and WHEREAS, section 8 of the Regional Funding Agreement entitled Signed Cities to elect to contribute their allotted Settlement Funds to COUNTY for use in all Service Areas; and WHEREAS, CITY is a Signed City and deems it necessary to contribute its individual Settlement Funds to COUNTY. NOW, THEREFORE, in consideration of the covenants herein contained, and other good and valuable consideration, the Parties agree as follows: Section 1. Recitals. The recitals above are true and correct and incorporated into this Agreement by this statement. Section 2. Definitions. (a) “Pharmaceutical Supply Chain Participant” shall have the same meaning assigned to it in the State MOU. 508 Interlocal Agreement for Contribution of Individual Settlement Funds [3 of 11] (b) “Seminole County Regional Funding” or “Regional Funding” shall mean the amount of opioid Settlement Funds paid to Seminole County in its role as a Qualified County, plus any contribution by a Signed City. (c) “Service Area”: The geographical Service Areas for this Agreement shall be the unincorporated areas of Seminole County and the geographical areas of any Signed City. (d) “Settlement” or “Settlement Funds” shall mean the negotiated monetary 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. (e) ”Signed City” or “Signed Cities” means all eligible municipalities that have signed the Regional Funding Agreement and the State MOU. (f) “Qualified County” shall have the same meaning assigned to it in the State MOU. Section 3. Contribution of Funds. Pursuant to section 8 of the Regional Funding Agreement, CITY hereby contributes its individual Settlement Funds to COUNTY, and authorizes COUNTY to expend and administer such funds to effectuate opioid abatement services in all applicable Service Areas in accordance with the terms and strictures of the Regional Funding Agreement, the State MOU, COUNTY policy, and applicable state and federal law. As a condition 509 Interlocal Agreement for Contribution of Individual Settlement Funds [4 of 11] precedent to contribution of its individual Settlement Funds, COUNTY agrees to timely satisfy all reporting requirements required by the State MOU and provide any other reporting that may be required by CITY. Section 4. Incorporation of Regional Funding Agreement and State MOU. The terms and conditions of the Regional Funding Agreement and the State MOU are hereby incorporated in this Agreement as if fully set forth herein. To the extent there are any conflicts, this Agreement shall govern. Section 5. Term and Termination. The term of this Agreement and the obligations hereunder commences upon the satisfaction of all conditions precedent, and will continue until one (1) year after the expenditure of all COUNTY Regional Funding or upon termination by either Party upon sixty (60) days’ notice to the other Party. Obligations under this Agreement which by their nature should survive, including, but not limited to any and all obligations relating to records retention, audit, and indemnification will remain in effect after termination or expiration of this Agreement. Section 6. Indemnification. Each Party shall be responsible for their respective employees’ acts of negligence when such employees are acting within the scope of their employment and shall only be liable for any damages resulting from said negligence to the extent permitted by Section 768.28, Florida Statues, as this statute may be amended from time to time. Nothing herein shall be construed as a waiver of sovereign immunity, or the provisions of section 768.28, Florida Statutes, by any Party. Nothing herein shall be construed as consent by either Party to be sued by third Parties for any matter arising out of this Agreement. Section 7. Severability. If any provision of this Agreement is held invalid, the invalidity shall not affect other provisions of the Agreement which can be given effect without 510 Interlocal Agreement for Contribution of Individual Settlement Funds [5 of 11] the invalid provision or application, and to this end, the provisions of this Agreement are severable. Section 8. Amendments to Agreement. This Agreement may be amended, in writing, upon the express written approval of the governing bodies of all the Parties. Section 9. Filing of Agreement. The County shall file this Agreement with the Clerk of the Circuit court as provided in Section 163.01(11), Florida Statutes (2023). Section 10. Governing Law Jurisdiction and Venue. The laws of the State of Florida shall govern the validity, enforcement, and interpretation of this Agreement. The sole jurisdiction and venue for any legal action in connection with this Agreement will be, if in state court, in a court of competent jurisdiction located in Seminole County, Florida, or, if in federal court, the Florida Middle District, Orlando Division. Section 11. Notices. Any notices required or permitted by this Agreement shall be in writing and shall be deemed delivered upon hand delivery, or three (3) days following deposit in the United States postal system, postage prepaid, return receipt requested, addressed to the Parties at the addresses specified on the Party’s signature page to this Agreement. Section 12. Public Records and Auditing. (a) In performance of this Agreement, the Parties shall keep books, records, and accounts of all activities related to this Agreement in compliance with generally accepted accounting procedures. (b) All documents, papers, books, records and accounts made or received by the Parties in conjunction with this Agreement, and the performance of this Agreement shall be open to inspection during regular business hours by an authorized representative of the County. The County or any of its duly authorized representatives reserves the right to audit the Party’s records 511 Interlocal Agreement for Contribution of Individual Settlement Funds [6 of 11] related to this Agreement at any time during the performance of this Agreement and for a period of five (5) years after final payment is made, or otherwise required by law. The Parties shall retain all documents, books and records for a period of five (5) years after termination of this Agreement, unless such records are exempt from section 24(a) of Article I of the State Constitution and Chapter 119, Florida Statutes, or the Parties turn said records over to County. (c) All records or documents created by or provided to the Parties by the County in connection with this Agreement are public records subject to Florida Public Records Law, Chapter 119, Florida Statutes. All records stored electronically must be provided to the County, upon request from the County’s custodian of public records, in a format that is compatible with the information technology systems of the County. (d) All Parties understand that each is subject to the Florida Public Records Law, Chapter 119, Florida Statutes, as this statute may be amended from time to time. The Parties agree that any written communication with the Parties, to include emails, email addresses, a copy of this Agreement, and any supporting documentation are subject to public disclosure upon request, unless otherwise exempt or confidential under Florida Statute. (e) “Public Records” are defined as “all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business by any agency.” (section 119.011(12), Florida Statutes). (f) Pursuant to Florida Statute Chapter 119, generally, and 119.0701 specifically, if records created by the County related to the performance of the services under this Agreement do not fall under a specific exemption under Florida or federal law, the records must be provided to 512 Interlocal Agreement for Contribution of Individual Settlement Funds [7 of 11] anyone making a public records request. It will be the Party’s duty to identify any information in records created by the Party which it deems is exempt under Florida or federal law and identify the statute number which requires the information be held exempt. (g) Pursuant to Section 119.0701, a request to inspect or copy public records relating to this Agreement must be made directly to the County. The County shall direct individuals requesting public records to the public records point of contact listed below. If the County does not possess the requested records, the County shall immediately notify the applicable Party of the request and the applicable Party must provide the records to the County or allow the records to be inspected or copied within twenty-four (24) hours (not including weekends and legal holidays) of the request so the County can comply with the requirements of section 119.07, Florida Statutes. The applicable Party may also provide a cost estimate to produce the requested documents. (h) Should any person or entity make a public records request of the County which requires the County to allow inspection or provide copies of records which a Party maintains are exempt under the Public Records Law or otherwise confidential, it shall be the Party’s obligation to provide the County within a reasonable time of notification by the County to the applicable Party of the records request, of the specific exemption or confidentiality provision to allow the County to comply with the requirements of section 119.07(1)(e) and (f), Florida Statutes. (i) Should the County face any kind of legal action to require or enforce inspection or production of any records provided by the Party to the County which the Party maintains is exempt or confidential from such inspection/production as a public record, said Party agrees to indemnify the County for all damages and expenses, including attorney’s fees and costs, to the extent permitted by State law. The applicable Party shall hire and compensate attorney(s) who 513 Interlocal Agreement for Contribution of Individual Settlement Funds [8 of 11] shall represent the interests of the County as well as the Party in defending such action. The Party shall also pay any costs to defend such action and shall pay any costs and attorney’s fees which may be awarded pursuant to section 119.12, Florida Statutes, to the extent permitted by Florida state law. (j) Should a Party fail to provide the public records to the County within a reasonable time, the Party may be subject to penalties under section 119.10, Florida Statutes, including civil liability for the reasonable cost of enforcement incurred by the entity requesting the records and may be subject to criminal penalties. The Party’s failure to comply with public records requests is considered a material breach of this Agreement and grounds for termination. (k) Each Party shall ensure that all public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement term and following completion of the Agreement if the Party does not transfer the records to the County. (l) Upon completion of the Agreement, each Party shall transfer, at no cost, to the County all public records in possession of the Party or keep and maintain public records required by the County to perform the service. If a Party transfers all public records to the County upon completion of the Agreement, that Party shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If a Party keeps and maintains public records upon completion of the Agreement, the Party shall meet all applicable requirements for retaining public records. IF ANY PARTY HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO SAID PARTY’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, 514 Interlocal Agreement for Contribution of Individual Settlement Funds [9 of 11] CONTACT THE COUNTY MANAGER COORDINATOR, DOMINIQUE DRAGER, 407-665-7410, DDRAGER@SEMINOLECOUNTYFL.GOV, 1101 E.1ST STREET, SANFORD, FL 32771 Section 13. Authorization to Bind. The Parties acknowledge that they fully reviewed this Agreement and the opportunity to consult with legal counsel of their choice. Each Party warrants that it is possessed with all requisite lawful authority to enter into this Agreement, and the individual executing this Agreement is possessed with the authority to sign and bind that Party. All conditions and assurances required by this Agreement are binding on Parties and their authorized successors in interest. IN WITNESS WHEREOF, the Parties have caused this Agreement to be signed by their duly authorized representative, as of the day and year first written above. [Balance of this page intentionally left blank] 515 Interlocal Agreement for Contribution of Individual Settlement Funds [10 of 11] BOARD OF COUNTY COMMISSIONER ATTEST: SEMINOLE COUNTY, FLORIDA By: _____________________________________ GRANT MALOY JAY ZEMBOWER, Chairman Clerk to the Board of County Commissioners of Seminole County, Florida. Date: _____________________________________ For the use and reliance As authorized for execution by the Board of of Seminole County only. County Commissioners at its ____________ 20_____, regular meeting. Approved as to form and legal sufficiency. County Attorney RM 6/21/24 T:\Users\rmchugh\Community Services\2024\MOU’s [Signatures and attestations continue on the following page.] 516 Interlocal Agreement for Contribution of Individual Settlement Funds [11 of 11] IN WITNESS WHEREOF, the Parties have caused this Agreement to be signed by their duly authorized representative, as of the day and year first written above. CITY OF WINTER SPRINGS, FLORIDA By: _______________________________________ KEVIN MCCANN, Mayor Approved as to form and ATTEST: legal sufficiency: ____________________________________ City Attorney City Clerk All notices under this Agreement shall be sent to: City of Winter Springs c/o Philip Hursh, Interim City Manager 1126 East State Road 434 Winter Springs, FL 32708 517