Resolution No. 22-55RESOLUTION 22-55
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA APPROVING
THE INTERLOCAL AGREEMENT WITH THE CITY OF JACKSONVILLE, THE
CITY OF JACKSONVILLE BEACH, THE CITY OF NEPTUNE BEACH AND THE
TOWN OF BALDWIN FOR DISTRIBUTION OF OPIOID LITIGATION
SETTLEMENT PROCEEDS, TO ENSURE THAT THE CITY OF JACKSONVILLE
QUALIFIES AS A QUALIFIED COUNTY TO RECEIVE JACKSONVILLE
REGIONAL FUNDS FROM THE OPIOID LITIGATION SETTLEMENT; AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, the City of Jacksonville participated in the Opioid Litigation seeking damages from
the Opioid Epidemic; and
WHEREAS, a settlement fund known as the Regional Fund has been established by the State of
Florida; and
WHEREAS, the City of Jacksonville must qualify as a Qualified County in order to access the
Regional Fund; and
WHEREAS, it is in the best interest of the City of Atlantic Beach to ensure that the City of
Jacksonville is a Qualified County.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Atlantic
Beach, Florida, that
The City Commission hereby approves the Interlocal Agreement Between City of
Jacksonville, City of Jacksonville Beach, City of Neptune Beach and Town of Baldwin
For Distribution of Opioid Litigation Settlement Proceeds, attached hereto as Exhibit A
and made a part hereof (the "Interlocal Agreement") and further authorizes the Mayor to
execute the Interlocal Agreement.
2. This Resolution shall take effect immediately upon its passage and adoption by the City
Commission of the City of Atlantic Beach, Florida.
PASSED AND ADOPTED by the City Commission of the City of Atlantic Beach, Florida on this
12th day of September, 2022.
ATTES
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Donna L. Bartle Ellen Glasser
City Clerk Mayor
Approved as to form and correctness:
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Bre . Durden
City Attorney
01818691-2
Resolution No. 22-55 - Exhibit A
Prepared by and Return to:
Tiffiny Douglas Pinkstaft; Esq.
Office of General Counsel
117 West Duval Street, Suite 480
Jacksonville, Florida 32202
INTERLOCAL AGREEMENT BETWEEN THE CITY OF JACKSONVILLE,
THE CITY OF ATLANTIC BEACH, THE CITY OF JACKSONVILLE BEACH,
THE CITY OF NEPTUNE BEACH, AND THE TOWN OF BALDWIN
FOR DISTRIBUTION OF OPIOID LITIGATION SETTLEMENT PROCEEDS
THIS INTERLOCAL AGREEMENT ("Agreement") is made and entered into as of the
day of , 2022, by and between the Consolidated City of Jacksonville ("City of
Jacksonville") and each of the four municipalities, the City of Atlantic Beach, the City of
Jacksonville Beach, the City of Neptune Beach and the Town of Baldwin (collectively
"Municipalities"), and shall become effective upon filing with the Clerk of the Circuit and County
Courts, as herein provided ("Effective Date").
WITNESSETH:
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
Duval County and the entire State of Florida ("Opioid Epidemic"); and
WHEREAS, the State of Florida filed an action pending in Pasco County, Florida, and a
number of Florida cities and counties, including the City of Jacksonville, have also filed an action
titled In re: National Prescription Opiate Litigation, MDL No. 2804 (N.D. Ohio) ("Opioid
Litigation"), seeking damages resulting from the Opioid Epidemic; and
WHEREAS, proposed settlements have been developed to resolve certain claims brought
in the Opioid Litigation; and
WHEREAS, 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 the City
of Jacksonville or the Municipalities; and
WHEREAS, 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 regarding the
proposed allocation and use of Opioid Litigation settlement funds and divides the settlement funds
into three funds: (1) the City/County fund; (2) the Regional Fund; and (3) the State Fund; and
WHEREAS, to receive its share of the Regional Fund ("Jacksonville Regional Funds" as
defined herein), the City of Jacksonville must qualify as a "Qualified County" (as that term is
defined in the Florida Plan); and
Resolution No. 22-55 - Exhibit A
WHEREAS, the City of Jacksonville and the Municipalities recognize that it is in their
best interests to enter into this Agreement in order to ensure that the City of Jacksonville qualifies
as a "Qualified County" to receive the Jacksonville Regional Funds pursuant to the Florida Plan.
NOW, THEREFORE, IN CONSIDERATION of the mutual covenants herein contained
and for other good and valuable consideration, the legal sufficiency of which is acknowledged by
the parties, the parties agree as follows:
1. Recitals. The foregoing recitals are true and correct and are hereby incorporated
herein by reference.
2. Authority. This Agreement is entered into by the parties pursuant to the authority
provided by Section 163.01, Florida Statutes.
3. Definitions. Unless otherwise defined herein, all defined terns in the Florida Plan
are incorporated herein and shall have the same meanings as in the Florida Plan.
4. "Jacksonville Regional Funds." The term "Jacksonville Regional Funds" shall
mean the amount of the Regional Funds remitted to the City of Jacksonville by the State of Florida
in accordance with the Florida Plan provided that the City of Jacksonville qualifies as a Qualified
County under the Florida Plan. The City acknowledges and agrees to take all steps needed to
qualify as a Qualified County.
5. Distribution of Jacksonville Regional Funds. The parties agree that the received
Jacksonville Regional Funds will be allocated to the City of Jacksonville and the Municipalities in
accordance with the Adjusted Population Estimates for Florida Counties and Municipalities Used
for State Revenue -Sharing Calculations as provided in the Local Government Financial
Information Handbook current at the time of each settlement fund distribution. Distribution of
said settlement funds by the City of Jacksonville to the Municipalities shall occur within forty-five
(45) days from the date of receipt by the City of Jacksonville. By way of example, for the Fiscal
Year 2021-22 State Revenue -Sharing Calculations, the 2020 Adjusted Population Estimates (less
inmates) for Florida Counties and Municipalities found at Appendix A of the November 2021
Local Government Financial Information Handbook (pg. 276) were used as follows:
6. Section Headings. All section headings used in this Agreement have been inserted
for convenience only. Such section headings shall not be used in the interpretation or construction
of the text of this Agreement.
April 1, 2020
Total Population
FY 2021/22
State Revenue -Sharing Percentages
Jacksonville
935,660
95.3306%
Jacksonville Beach
23,394
2.3835%
Atlantic Beach
13,824
1.4085%
Neptune Beach
1 7,193
0.7329%
Baldwin
1,419
0.144600
TOTAL
981,490
100.0000%
6. Section Headings. All section headings used in this Agreement have been inserted
for convenience only. Such section headings shall not be used in the interpretation or construction
of the text of this Agreement.
Resolution No. 22-55 - Exhibit A
7. Construction. The parties acknowledge that they have had meaningful input into
the terms and conditions contained in this Agreement. Therefore, any doubtful or ambiguous
provisions contained herein shall not be construed against the party who physically prepared this
Agreement. The rule sometimes referred to as "Fortius Contra Proferentum" shall not be applied
to the interpretation of this Agreement.
8. Entire Agreement. This Agreement constitutes the entire agreement between the
parties hereto for the distribution of Settlement Proceeds. No statement, representation, writing,
understanding, agreement, course of action or course of conduct, made by any party, or any
representative of any party, which is not expressed herein shall be binding. All changes to,
additions to, modification of, or amendment to this Agreement, or any of the terms, provisions and
conditions hereof, shall be binding only when in writing and signed by the authorized officer,
agent, or representative of each of the parties hereto.
9. Counterparts. This Agreement, and all amendments thereto, may be executed in
several counterparts, each of which shall be deemed an original, and all of such counterparts
together shall constituted one and the same instrument. Delivery of a counterpart by electronic
means shall be valid and enforceable for all purposes.
[Remainder of the page is intentionally left blank. Signature pages to immediately follow.]
Resolution No. 22-55 - Exhibit A
IN WITNESS WHEREOF, the City of Jacksonville, by and through its respective
authorized representatives has caused this Agreement to be executed on the day and year first
above written.
ATTEST:
By:
Name: James R. McCain, Jr.
Title: Corporation Secretary
Form Approved:
Office of General Counsel
CITY OF JACKSONVILLE
By:
Name: Lenny Curry
Title: Mayor
Resolution No. 22-55 - Exhibit A
IN WITNESS WHEREOF, the City of Atlantic Beach, by and through its respective
authorized representatives has caused this Agreement to be executed on the day and year first
above written.
ATTEST:
By:
Donna L. Bartle, City Clerk
800 Seminole Road
Atlantic Beach, Florida 32233
Approved as to form and legal sufficiency:
Brenna M. Durden, City Attorney
CITY OF ATLANTIC BEACH
By:
Ellen Glasser, Mayor
Date: 5112-12Z
Resolution No. 22-55 - Exhibit A
IN WITNESS WHEREOF, the City of Jacksonville Beach, by and through its respective
authorized representatives has caused this Agreement to be executed on the day and year first
above written.
ATTEST: CITY OF JACKSONVILLE BEACH
By: By:
Sheri Gosselin, City Clerk Christine Hoffman, Mayor
1 1 North 3rd Street 1 1 North 3rd Street
Jacksonville Beach, Florida 32250 Jacksonville Beach, Florida 32250
By:
Mike Staffopoulos, City Manager
1 1 North 3rd Street
Jacksonville Beach, Florida 32250
Approved as to form and legal sufficiency:
Sandra R. Robinson, City Attorney
Resolution No. 22-55 - Exhibit A
IN WITNESS WHEREOF, the City of Neptune Beach, by and through its respective
authorized representatives has caused this Agreement to be executed on the day and year first
above written.
ATTEST: CITY OF NEPTUNE BEACH
By:
Catherine Ponson, City Clerk
116 1 st Street
Neptune Beach, Florida 32266
By:
Elaine Brown, Mayor
116 1 st Street
Neptune Beach, Florida 32266
By:
Stefen Wynn, City Manager
116 1 st Street
Neptune Beach, Florida 32266
Resolution No. 22-55 - Exhibit A
IN WITNESS WHEREOF, the Town of Baldwin, by and through its respective
authorized representatives has caused this Agreement to be executed on the day and year first
above written.
ATTEST:
Lula Hill, Town Clerk
Form Approved:
TOWN OF BALDWIN
By:
Sean T. Lynch
Mayor