HomeMy WebLinkAboutReso 2022-3447RESOLUTION NO. 2022 -/
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES
BEACH, FLORIDA, RATIFYING THE APPROVAL AND EXECUTION OF THE OPIOID
SETTLEMENT PARTICIPATION AGREEMENT WITH WALMART; AUTHORIZING
THE CITY MANAGER TO EXECUTE ANY FUTURE OPIOID SETTLEMENT
PARTICIPATION AGREEMENTS, AND TO DO ALL THINGS NECESSARY TO
EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Sunny Isles Beach ("City") recognizes that Miami Dade County
(the "County"), and the entire State of Florida, has suffered harm as a result of the opioid
epidemic; and
WHEREAS, the State of Florida filed an action in Pasco County, Florida, and a number of
Florida cities and counties also filed actions In re: National Prescription Opiate Litigation, MDL
No. 2804 (N.D. Ohio)(the "Opioid Litigation"), against various pharmaceutical companies
("Defendants"); and
WHEREAS, the State of Florida has agreed to resolve the litigation through settlement
and other means in the Opioid Litigation, and to that end, established a City/County Fund (the
"Local Fund") and Regional Fund for the disbursement of opioid settlement proceeds (the
"Opioid Funds") among governments in Florida; and
WHEREAS, pursuant to the Florida Plan, separate payments are to be distributed
directly to the cities through the Local Fund; and
WHEREAS, pursuant to Resolution 2022-3426, the City Commission approved the City's
participation in the Opioid Litigation settlement by ratifying the execution of the Settlement
Participation Forms with various Defendants, and approving the assignment of the City's annual
allocation of the Opioid Funds to Miami -Dade County for the implementation of opioid
abatement measures; and
WHEREAS, subsequent to the adoption of Resolution 2022-3426, the City received an
additional Settlement Participation Form for Defendant, Walmart; and
WHEREAS, based upon the foregoing, the City Commission wishes to ratify the
execution of the Settlement Participation Form with Walmart, attached hereto as Exhibit "A",
and authorizes the City Manager to execute any and all future Settlement Participation Forms,
without further approval or ratification by the City Commission, provided the same are
approved first as to form and legal sufficiency by the City Attorney.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Ratification of the Settlement Participation Form. The City Commission hereby
ratifies the execution of the Walmart Settlement Participation Form attached hereto as Exhibit
„A„
@BCL@E406E5C5.docRatification of Walmart Opioid Litigation Settlement Page 1 of 2 152
Section 2. Authorization of City Manager. The City Manager is hereby authorized to
execute any and all future Settlement Participation Forms related to the Opioid Litigation
without further approval or ratification from the Commission, provided the same are approved
first as to form and legal sufficiency by the City Attorney. The City Manager is further
authorized to do all things necessary to effectuate this Resolution.
Section 3.
ATTEST:
Ma
Effective Date. This Resolution will become effective upon adoption.
PASSED AND ADOPTED this 15th day of December 2022.
Dana R bin Goldman, Mayor
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
ncur, CMC, City Clerk `,,,_Edward A. Dion, City Attorney
Moved by:opt"�, �11�IiC� (Seconded by
Vote:
Mayor Goldman
(Yes)
Vice Mayor Viscarra
(Yes)
Commissioner Joseph
(Yes)
Commissioner Lama
(Yes)
Commissioner Stuyvesant
(Yes)
(No)
(No)
(No)
(No)
(No)
@BCL@E40BE5C5.docRatification of Walmart Opioid Litigation Settlement Page 2 of 2 153
EXHIBIT D
SUBDIVISION SETTLEMENT PARTICIPATION FORM
Governmental Entitv:\
State: EL
Authorized Official:
,; j = ti/
Address 1: V601rO
Uk SIS ( �
Address 2:
City, State, Zi fj
Gh 3:3,1 tD l
Phone:
The governmental entity identified above ("GoverI7n7ental Entity'), in order to obtain and
in consideration for the benefits provided to the Governmental Entity pursuant to the Settlement
Agreement and Release dated U>§TjI 2022, anion- Walmart (defined below), the State of
Florida and its Office of the Attorney General and acting through the
Undersigned authorized official. hereby elects to participate in the Walmart Settlement, release
all Released Claims against all Releasees, and agrees as follows.
I . The Governmental Entity is aware of and has reviewed the Walmart Settlement.
understands that all terms in this Subdivision Settlement Participation Form have the
meanings defined therein, and agrees that by signing this Subdivision Settlement
Participation Form, the Governmental Entity elects to participate in the Walmart
Settlement and become a Participating Subdivision as provided therein.
2. The Governmental Entity shall immediately cease any and all litigation activities as to the
Releasees and Released Claims and, within the later of 7 days following the entry of the
Consent Judgment or 7 days of the Execution Date of this Subdivision Settlement
Participation Form. voluntarily dismiss with prejudice any Released Claims that it has
filed.
3. The Governmental Entity agrees to the terms of the Walmart Settlement pertaining to
Subdivisions as defined therein.
4. By agreeing to the terms of the Walmart Settlement and expressly agreeing to the
Releases provided for therein, the Governmental Entity is entitled to the benefits provided
therein, including, if applicable, monetary payments beginning after the Effective Date of
the Release.
5. The Governmental Entity agrees to use any monies it receives through the Walmart
Settlement solely for the purposes provided therein.
6. The Governmental Entity submits to the jurisdiction of the Count Ior purposes limited to
the Court's role as provided in, and for resolving disputes to the extent provided in. the
Walmart Settlement.
The defined tennis in the Walmart Settlement shall have the sante nleaning in this Subdivision
Settlement Participation Form.
154
7. The Governmental Entity has the right to enforce those rights given to it in the Walmart
Settlement.
8. The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for
all purposes in the Walmart Settlement, including, but not limited to, all provisions of
Section D and E, and along with all departments, agencies, divisions, boards,
commissions, districts, instrumentalities of any kind.and attorneys, and any person in
their official capacity elected or appointed to serve any of the foregoing and any agency,
person, or other entity claiming by or through any of the foregoing, and any other entity
identified in the definition of Releasor, provides for a release to the fullest extent of its
authority. As a Releasor, the Governmental Entity hereby absolutely, unconditionally,
and irrevocably covenants not to bring, file, or claim, or to cause, assist or permit to be
brought, filed, or claimed, or to otherwise seek to establish liability for any Released
Claims against any Releasee in any forum whatsoever. The releases provided for in the
Walmart Settlement are intended by the Parties to be broad and shall be interpreted so as
to give the Releasees the broadest possible bar against any liability relating in any way to
any Released Claims and extend to the full extent of the power of the Governmental
Entity to release Claims. The Walmart Settlement shall be a complete bar to any
Released Claim.
9. The Governmental Entity hereby takes on all rights and obligations of a Participating
Subdivision as set forth in the Walmart Settlement.
10. In connection with the releases provided for in the Walmart Settlement, the
Governmental Entity expressly waives, releases, and forever discharges any and all
provisions, rights, and benefits conferred by any law of any state or territory of the United
States or other jurisdiction, or principle of common law, which is similar, comparable, or
equivalent to § 1542 of the California Civil Code, which reads:
General Release; extent. A general release does not extend to claims that
the creditor or releasing party does not know or suspect to exist in his or
her favor at the time of executing the release, and that if known by him or
her would have materially affected his or her settlement with the debtor or
released party.
As a Releasor, the Governmental Entity may hereafter discover facts other than or
different from those which it knows, believes, or assumes to be true with respect to the
Released Claims, but the Governmental Entity hereby expressly waives and fully, finally,
and forever settles, releases and discharges, upon the Effective Date of the Release, any
and all Released Claims that may exist as of such date but which Releasors do not know
or suspect to exist, whether through ignorance, oversight, error, negligence or through no
fault whatsoever, and which, if known, would materially affect the Governmental
Entity's decision to participate in the Walmart Settlement.
2
155
l 1. Nothing herein is intended to modify in any way the terms of,the Walmart Settlement, to
which the Governmental Entity hereby agrees. To the extent this Subdivision Settlement
Participation Form is interpreted differently from the Walmart Settlement in any respect.
the Walmart Settlement controls.
I have all necessary power and authorization to execute this Subdivision Settlement Participation
Form on behalf of the Governmental Entity.
Signature: �& A -I h
Name: 15-vt" A401e z)s
Title: -4fy A a g
Date: /I - A • Z2
(the "Execution Date of this Subdivision
Settlement Participation Form")
156
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Mfr* of sup+''
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3113 Fax
MEMORANDUM
TO: Honorable Mayor and City Commissioners
FROM: Stan Morris, City Manager
DATE: December 15, 2022
RE: Ratifying Opioid Settlement Participation Agreement with Walmart
RECOMMENDATION:
Staff recommends approval of this Resolution.
REASONS:
The State of Florida filed an action in Pasco County, Florida, as did a number of Florida cities anc
counties, known as in re: National Prescription Opiate Litigation, MDL No. 2804 (N.D. Ohio) (th
"Opioid Litigation"), against various pharmaceutical companies.
The City Commission passed Resolution 2022-3426 in November, which approved the City's
participation in the Opioid Litigation settlement by ratifying the execution of the Settlement
Participation Forms with various Defendants and approving the assignment of the City's annual
allocation of the Opioid Funds to Miami -Dade County for the implementation of opioid abatemerr
measures. Following the adoption of Resolution 2022-3426, the City received an additional Settlement
Participation Form for Defendant, Walmart.
The completed participation forms had to be submitted by November 18, 2022. As a result, I am now
requesting that the participation agreement and assignment be ratified.
ADDITIONAL INFORMATION:
The City will agree to assign its allocation of funding to Miami Dade County, which will be responsible
for utilizing the funds for the authorized purposes and meeting all associated reporting requirements.
If the City declines to participate, the funds allocated to the City will be returned to the Defendants
(i.e., the pharmaceutical companies).
Item Number: 10.13
150
ATTACHMENTS:
Resolution
Settlement Agreement
Item Number: 10.1)
151