Fort Walton Beach Resolution — 2021-07--MOU--Opioid Settlement — reading text

RESOLUTION 2021 - 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA, TO JOIN WITH THE STATE OF FLORIDA AND OTHER LOCAL GOVERNMENTAL UNITS AS A PARTICIPANT IN THE FLORIDA MEMORANDUM OF UNDERSTANDING AND FORMAL AGREEMENTS IMPLEMENTING A UNIFIED PLAN FOR PROPOSED ALLOCATION AND USE OF OPIOID SETTLEMENT PROCEEDS OBTAINED BY THE STATE OF FLORIDA; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Fort Walton Beach (" City") has suffered harm from the opioid epidemic; and WHEREAS, City recognizes that the entire State of Florida has suffered harm as a result 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 in re: National Prescription Opiate Litigation, MDL No. 2804 ( N.D. Ohio) ( the " Opioid Litigation") and the City is not a litigating participant in that action; and WHEREAS, the State of Florida and lawyers representing certain various local governments involved in the Opioid Litigation have proposed a unified plan for the allocation and use of prospective settlement dollars from opioid related litigation; and WHEREAS, the Florida Memorandum of Understanding ( the " Florida Plan") sets forth a framework of unified plan for the proposed allocation and use of opioid settlement proceeds and it is anticipated that formal agreements implementing the Florida Plan will be entered into at a future date; and WHEREAS, participation in the Florida Plan by a large majority of Florida cities and counties will materially increase the amount of funds to Florida and should improve Florida' s relative bargaining position during additional settlement negotiations; and WHEREAS, failure to participate in the Florida Plan will reduce funds available to the State, City, and every other Florida city and county. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA: Section 1. Finds that participation in the Florida Plan would be in the best interest of the City of Fort Walton Beach and its citizens in that such a plan ensures that almost all of the settlement funds go to abate and resolve the opioid epidemic and each and every city and county receives funds for the harm that it has suffered. Section 2. The City of Fort Walton Beach hereby expresses its support of a unified plan for the allocation of opioid settlement proceeds as generally described in the Florida Plan, attached hereto as Exhibit" A".  RESOLUTION 2021 - 7 Section 3. The Mayor is hereby expressly authorized to execute the Florida Plan in substantially the form contained in Exhibit" A". Section 4. The Mayor is hereby authorized to execute any formal agreements implementing a unified plan for the allocation and use of opioid settlement proceeds that is not substantially inconsistent with the Florida Plan and this Resolution. Section 5. The Clerk is hereby instructed to record a coy of the Resolution in the appropriate record book upon adoption and to furnish a certified copy of the Resolution to the office of: Attorney General Ashley Moody c/ o John M. Guard The Capitol PL- 01 Tallahassee, FL 32399- 1050 Section 6. This Resolution shall become effective upon adoption by City Council and signature of the Mayor. Adopted: ' Tun._ 2 .2 y. p\ A- 144-ti & 7 irry.-- Richard A. Rynearson, Mayor Attest: - Approved for form, leg.° Kim 7").7- a Barnes, City Clerk a : r• Dykes, Jr., y wALroh Foal e ., _ ......,, s 1,,, px. 1 . , w FLORrow ."  PROPOSAL MEMORANDUM OF UNDERSTANDING Whereas, the people of the State of Florida and its communities have been harmed by misfeasance, nonfeasance and malfeasance committed by certain entities within the Pharmaceutical Supply Chain; Whereas, the State of Florida, through its Attorney General, and certain Local Governments, through their elected are separately engaged in representatives and counsel, litigation seeking to hold Pharmaceutical Supply Chain Participants accountable for the damage caused by their misfeasance, nonfeasance and malfeasance; Whereas, the State of Florida and its Local Governments share a common desire to abate and alleviate the impacts of that misfeasance, nonfeasance and malfeasance throughout the State of Florida; Whereas, it is the intent of the State of Florida and its Local Governments to use the proceeds from Settlements with Pharmaceutical Supply Chain Participants to increase the amount of funding presently spent on opioid and substance abuse education, treatment 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"; Whereas, the State of Florida and its Local Governments, subject to the completion of formal documents that will effectuate the Parties' agreements, enter into this Memorandum of Understanding(" MOU") relating to the allocation and use of the proceeds of Settlements described herein; and Whereas, this MOU is a preliminary non- binding agreement between the Parties, is not legally enforceable, and only provides a basis to draft formal documents which will effectuate the Parties' agreements. A. Definitions As used in this MOU: 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 on 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 000003101288125_ 1 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. " Municipalities" shall mean cities, towns, or villages of a County within the State with a Population greater than 10, 000 individuals and shall also include cities, towns or villages within the State with a Population equal to or less than 10, 000 individuals which filed a Complaint in this litigation against Pharmaceutical Supply Chain Participants. The singular " Municipality" shall refer to a singular of the Municipalities. 6. " 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. 7. " 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:// allocationmap. icl aim sonline.com. 8. " Opioid Funds" shall mean monetary amounts obtained through a Settlement as defined in this MOU. 9. " Opioid Related" shall have the same meaning and breadth as in the agreed Opioid Abatement Strategies attached hereto as Exhibits A or B. 10. " Parties" shall mean the State and Local Governments. The singular word" Party" shall mean either the State or Local Governments. 11. " 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. 12. " Pharmaceutical Supply Chain" shall mean the process and channels through which Controlled Substances are manufactured, marketed, promoted, distributed or dispensed. 13. " 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. 14. " 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 MOU. These estimates can currently be found at https:// www. census. gov  15. " Qualified County" shall mean a charter or non-chartered county within the State that: has a Population of at least 300, 000 individuals and ( a) has an opioid taskforce of which it is a member or 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 currently either providing or is contracting with others to provide substance abuse prevention, recovery, and treatment services to its citizens; and( d) has or enters into an 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. 16. " SAMHSA" shall mean the U. S. Department of Health & Human Services, Substance Abuse and Mental Health Services Administration.