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2434 Interlocal Agreement Sem Co Regional Opioid Settlement Funds (also see Contracts)INTERLOCAL AGREEMENT SEMINOLE COUNTY REGIONAL OPIOID SETTLEMENT FUNDS THIS INTERLOCAL AGREEMENT ("Agreement") is made and entered into as of this day of , 2021, 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 I" Street, Sanford, Florida 32771, hereinafter referred to as the "County," and the eligible municipalities who have signed onto this agreement, as evidenced by their signature to this Agreement (hereinafter referred to as the "Signed Cities"). WITNESSETH: WHEREAS, a local, state and national crisis arose as a result of the manufacture, distribution and over -prescribing of opioid analgesics ("opioids") and resulted in opioid overdoses and addictions throughout municipalities, counties, states and the nation; and WHEREAS, Seminole County and the municipalities therein are not immune from this nationwide crisis; and WHEREAS, in 2016, the Seminole County Opioid Council ("SCOC") was formed comprising leaders from a diverse range of fields of expertise representing various private and public organizations around the County to address Seminole County's opioid crises; and WHEREAS, The SCOC's primary initiative is to provide evidence -based and data -driven solutions to implement a holistic strategy that is designed to address best practices for addiction treatment, and the root causes and parallel issues of substance abuse such as mental illness; and Interlocal Agreement Seminole County Regional Opioid Settlement Funds Page 1 of 22 WHEREAS, the SCOC meets every month and has sub -committees for prevention, enforcement, treatment, medical and legislative functions to address the ongoing opioid epidemic; "Mal WHEREAS, each sub -committee is comprised of members who are experts in their respective fields, and make recommendations to the SCOC as it relates to best practices regarding issues related to the opioid epidemic; and WHEREAS, in January 2019, upon the recommendation of SCOC, Seminole's Collaborative Opioid Response Effort ("SCORE") was formed; and WHEREAS, since its formation, SCORE has implemented an abatement plan which consists of various programs utilizing resources from public and private entities designed to address the opioid crisis before, during, and after individuals become affected by it; and WHEREAS, the opioid crisis continues to place an undue strain on local government finances to implement programing to combat the opioid epidemic, to mitigate the harmful effects of the opioid epidemic in the community, and to increase educational campaigns to counteract mis- information about the addictive nature and harmful effects of opioids; and WHEREAS, the opioid crisis is as pronounced within Seminole County and within certain municipalities within Seminole County as it was throughout most of the harder hit areas in the state of Florida and in the United States and despite the resources expended on combatting the epidemic, the opioid epidemic continues to impact the local community; and WHEREAS, as a result of the national opioid crisis, many governmental entities throughout the country filed lawsuits against opioid manufacturers, distributors, and retailers, Interlocal Agreement Seminole County Regional Opioid Settlement Funds Page 2 of 22 hereinafter referred to as the "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, three governmental entities in Seminole County deemed the opioid crisis significant enough to secure litigation counsel and individually elect to file suit against the defendants to wit: the city of Oviedo, the city of Sanford, and the County; and WHEREAS, the lawsuits filed by the city of Oviedo, the city of Sanford, and the County were consolidated with other lawsuits filed by state, tribal and local governmental entities into what is known as the National Prescription Opiate Litigation in the United States District Court of the Northern District of Ohio, Eastern Division, case number 1:17-MD-2804; and WHEREAS, as a result of this litigation, -multiple defendants have begun to negotiate settlements; and WHEREAS, the Attorney General for the State of Florida (hereinafter "Attorney General") anticipates that Settlement funds will be distributed to the State of Florida over multiple years as part of a global settlement, and not directly to the city of Oviedo, the city of Sanford, and the County, despite their position as party plaintiffs; and WHEREAS, the Attorney General has proposed entering into agreements with local governments within the State of Florida to receive Settlement funds; and WHEREAS, this agreement (hereinafter referred to as the "State MOU"), as currently drafted, divides settlement funds into three portions designated as City/County (hereinafter individual settlement funds), Regional and State funds; and Interlocal Agreement Seminole County Regional Opioid Settlement Funds Page 3 of 22 WHEREAS, it is anticipated that the State MOU, attached and incorporated to this Agreement as Exhibit A, will set forth the amount and manner of distribution of City/County and Regional Settlement funds within Florida, the requirements to receive and manage Regional funds, and the purposes for which Regional funds may be used; and WHEREAS, the Parties recognize that local control over Settlement funds is in the best interest of all persons within the geographic boundaries of Seminole County and ensures that Settlement funds are available and used to address opioid-related impacts within Seminole County and are, therefore, committed to the County qualifying as a "Qualified County" and thereby receiving Regional funds pursuant to the State MOU; and WHEREAS, the State MOU requires that in order for Seminole County to become a Qualified County eligible to receive Regional Funding, there must be an interlocal agreement among Seminole County and Municipalities, as defined in the MOU, with combined population exceeding 50% of the total population of the Municipalities within Seminole County, with the term "Municipalities" being defined for the purpose in this Agreement as those municipalities with a population of 10,000 or more as required by the State MOU; or with population less than 10,000 who were party plaintiffs; population for purposes of the MOU is determined by specific Census data; and WHEREAS, historically, government -funded programming geared toward abating the opioid crisis has been data driven based upon community impacts without regard to governmental jurisdictional boundaries; and Interlocal Agreement Seminole County Regional Opioid Settlement Funds Page 4 of 22 WHEREAS, the Parties recognize that it is in the best interest of the County and the Cities to enter into this Agreement to ensure Seminole County is a "Qualified County" to receive Regional Funding pursuant to the State MOU. 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) Unless otherwise defined herein, all defined terms in the State MOU are incorporated herein and shall have the same meanings as in the State MOU. (b) "Seminole County Regional Funding" shall mean the amount of the Regional Funding paid to Seminole County in its role as a Qualified County, plus any contribution by a Signed City. (c) "Eligible Municipalities" means: the city of Casselberry, the city of Lake Mary, the city of Longwood, the city of Oviedo, the city of Sanford, the city of Altamonte Springs, and the city of Winter Springs. (d) "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. (e) "Signed City" or "Signed Cities" means all eligible municipalities that have signed this Agreement, and the State MOU Interlocal Agreement Seminole County Regional Opioid Settlement Funds Page 5 of 22 Section 3. Conditions Precedent. This Agreement shall become effective on the Commencement Date set forth in Section 5, so long as the following conditions precedent have been satisfied: (a) Execution of this Agreement by the County and at least the minimum number of governing bodies of the municipalities as required by the State MOU to enable Seminole County to become a Qualified County and directly receive Seminole County Regional Funding; and and (b) Execution of all documents necessary to effectuate the State MOU in its final form; (c) Seminole County being determined by the State of Florida to qualify as a "Qualified County" to receive Regional Funding under the State MOU; and (d) Filing of this Agreement with the Clerk of the Circuit Court for Seminole County as required by Florida Statutes, Section 163.01. Section 4. Execution. This Agreement may be executed in counterparts all of which, taken together, shall constitute one and the same Agreement. Section 5. Term and Termination. The term of this Agreement and the obligations hereunder commences upon the satisfaction of all conditions precedent, runs concurrently with the State MOU, and will continue until one (1) year after the expenditure of all Seminole County Regional Funding, unless otherwise terminated in accordance with the provisions of the State MOU. Obligations under this Agreement which by their nature should survive, including, but not Iimited to any and all obligations relating to records retention, audit, and indemnification will remain in effect after termination or expiration of this Agreement. InterIocal Agreement Seminole County Regional Opioid Settlement Funds Page 6 of 22 Section 6. Fund Use. (a) Seminole County Regional Funding will be used to fund opioid abatement in accordance with the requirements of the State MOU, this Agreement, and any guidelines set forth by the County. Additionally, the periodic selection of opioid abatement services will take into consideration guidance by the Seminole County Opioid Council, and SCORE Abatement Plan, as adopted by the County. (b) The Opioid Abatement Services will be provided to residents of all service areas. (c) Seminole County Regional Funding may be used to enhance current programs or develop new programs. Regional funding is not intended to supplant current funding sources and general funds, and County staff will continue to seek funding for opioid related abatement at the levels opioid abatement programs were funded as of the effective date of this Agreement. (d) The County shall use its best efforts to fund services and programs that are available to residents of the County in the applicable service areas and shall strive to allocate funding and services in a manner that equally benefits residents of the County in those service areas. (e) The County shall provide the State with all required reporting on the use of Regional funds. Section 7. Administrative Costs. The County is responsible for administering the "Regional Funds" remitted pursuant to the State MOU and, shall provide all support services including but not limited to legal services, as well as contract management, program monitoring, and reporting required by the State MOU and is entitled to the maximum allowable administrative fee pursuant to the State MOU. The administrative fee will be deducted annually from the amount Interlocal Agreement Seminole County Regional Opioid Settlement Funds Page 7 of 22 of available Seminole County Regional Funds, and the remaining Seminole County Regional Funds will be spent as provided in the State MOU and as provided herein. Section 8. Signed City Contributions. Any Signed City may contribute its' individual settlement funds to the County for use in all service areas. To the extent that a signed City contributes its' individual settlement funds to the County that Signed City must timely satisfy all reporting requirements of the State MOU, and provide any other reporting required by the County. Section 9. Non -Appropriation. This Agreement is not a general obligation of the County. It is understood that neither this Agreement nor any representation by any County official, officer or employee creates any obligation to appropriate or make monies available for the purposes of this Agreement beyond the fiscal year in which this Agreement is executed. The obligations of the County as to funding required pursuant to the Agreement are limited to an obligation in any given fiscal year to budget and appropriation of Seminole County Regional Funds annually which are designated for regional use pursuant to the terms of the State MOU. No liability shall be incurred by the County beyond the monies budgeted and available for the purpose of this Agreement. If funds are not received by the County for any or all of this Agreement for a new fiscal period, the County is not obligated to pay or spend any sums contemplated by this Agreement beyond the portions for which funds were received and appropriated. The County agrees to promptly notify the Signed Cities in writing of any subsequent non -appropriation. Section 10. Indemnification. Each Signed City and the County 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 Interlocal Agreement Seminole County Regional Opioid Settlement Funds Page 8 of 22 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 11. 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 the invalid provision or application, and to this end, the provisions of this Agreement are severable. Section 12. Amendments to Agreement. This Agreement may be amended, in writing, upon the express written approval of the governing bodies of all the Parties. Section 13. 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. Section 14. 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 15. 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. Interlocal Agreement Seminole County Regional Opioid Settlement Funds Page 9 of 22 Section 16. 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 Parry's records 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 Interlocal Agreement Seminole County Regional Opioid Settlement Funds Page 10 of 22 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 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. Interlocal Agreement Seminole County Regional Opioid Settlement Funds Page 11 of 22 (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 1 I9.07(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 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. 0) 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 Interlocal Agreement Seminole County Regional Opioid Settlement Funds Page 12 of 22 for the duration of the Agreement term and following completion of the Agreement if the Party does not transfer the records to the County. (1) 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, CONTACT THE COUNTY MANAGER COORDINATOR, SHANI BEACH, 407-665-7219, SBEACH iDSEMINOLECOUNTYFL.GOV, 1101 E.1sT STREET, SANFORD, FL 32771 Section 17. Employment Eligibility Verification (E-Verify). (a) The Parties shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by each Party during the term of the Agreement. Upon request, the Party shall provide acceptable evidence of their Interlocal Agreement Seminole County Regional Opioid Settlement Funds Page 13 of 22 enrollment. Acceptable evidence shall include, but not be limited to, a copy of the fully executed E-Verify Memorandum of Understanding for the business. (b) Each Party shall expressly require any subcontractors performing work or providing services pursuant to this Agreement to likewise utilize the United States Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the term of this Agreement. (c) Each Party agrees to maintain records of its participation and compliance with the provisions of the E-Verify program, including participation by its subcontractors as required by section 448.095(2)(b), Florida Statutes, and to make such records available to the County consistent with the terms of Party's enrollment in the program. (d) Compliance with the terms of this section is made an express condition of this Agreement and the County may treat a failure as grounds for immediate termination of this Agreement as to any applicable Party. (e) A Party who registers with and participates in the E-Verify program may not be barred or penalized under this section if, as a result of receiving inaccurate verification information from the E-Verify program, the Party hires or employs a person who is not eligible for employment. (f) Nothing in this section may be construed to allow intentional discrimination of any class protected by law. Section 18. Entirety, Construction of Agreement. This Agreement represents the understanding between the Parties in its entirety and no other agreements, either oral or written, Interlocal Agreement Seminole County Regional Opioid Settlement Funds Page 14 of 22 exist between the Parties. The Exhibits are attached and incorporated into this Agreement by this reference. The Parties acknowledge that they fully reviewed this Agreement and had the opportunity to consult with legal counsel of their choice, and that this Agreement shall not be construed against any Party as if they were the drafter of this Agreement. 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 1n 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. BOARD OF COUNTY COMMISSIONER ATTEST: SEMINOLE COUNTY, FLORIDA GRANT MALOY BOB DALLARI, 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 12/10/21 T:\Users\Legal Secretary CSB\Miscellaneous\Seniinole County Regional Opioid Settlement Funds Interlocal Agreement 12-27-21.docx Interlocal Agreement Seminole County Regional Opioid Settlement Funds Page 15 of 22 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 CASSELBERRY, FLORIDA DAVID HENSON, Mayor As approved by the Board: , 2021. Approved as to form and ATTEST: legal sufficiency: City Attorney City Clerk All notices under this Agreement shall be sent to: City of Casselberry c/o James "Randy" Newton, City Manager 95 Triplet Lake Dr. Casselberry, FL 32707 [Signatures and attestations continue on the following page.] Interlocal Agreement Seminole County Regional Opioid Settlement Funds Page 16 of 22 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 LAKE MARY, FLORIDA DAVID J. MEALOR, Mayor As approved by the Board: , 2021. Approved as to form and ATTEST: legal sufficiency: City Attorney City Clerk All notices under this Agreement shall be sent to: City of Lake Mary c/o Kevin Smith, City Manager 100 N. Country Club Rd. Lake Mary, FL 32746 [Signatures and attestations continue on the following page.] Interlocal Agreement Seminole County Regional Opioid Settlement Funds Page 17 of 22 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. IC CITY OF LONGWOOD, FLORIDA BRIAN D. SACKETT, Mayor As approved by the Board: , 2021. Approved as to form and ATTEST: legal sufficiency: City Attorney City Clerk All notices under this Agreement shall be sent to: City of Longwood c/o Clint Gioielli, Acting City Manager 175 W. Warren Ave. Longwood, FL 32750 [Signatures and attestations continue on the following page. ] Interlocal Agreement Seminole County Regional Opioid Settlement Funds Page 18 of 22 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. 10 CITY OF OVIEDO, FLORIDA MEGAN SLADEK, Mayor As approved by the Board: 12021. Approved as to form and ATTEST: legal sufficiency: City Attorney City Clerk All notices under this Agreement shall be sent to: City of Oviedo c/o Bryan Cobb, City Manager 400 Alexandria Blvd. Oviedo, FL 32765 [Signatures and attestations continue on the following page. ] Interlocal Agreement Seminole County Regional Opioid Settlement Funds Page 19 of 22 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 SANFORD. FLORIDA As approved by the Board: JLI-1I • I U , LVL�t, Approved as to form and legal sufficiency: ATTEST: n tomey City E � ' -Tr- All notices under this Agreement shall be sent to: City of Sanford c/o Norton N. Bonaparte Jr., City Manager 300 N. Park Ave. Sanford, FL 32771 [Signatures and attestations continue on the following page.] Interlocal Agreement Seminole County Regional Opioid Settlement Funds Page 20 of 22 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. USE CITY OF ALTAMONTE SPRINGS, FLORIDA PAT BATES, Mayor As approved by the Board: , 2021. Approved as to form and ATTEST: legal sufficiency: City Attorney City Clerk All notices under this Agreement shall be sent to: City of Altamonte Springs c/o Franklin W. Martz II, City Manager 225 Newburyport Ave. Altamonte Springs, FL 32701 [Signatures and attestations continue on the following page.] Interlocal Agreement Seminole County Regional Opioid Settlement Funds Page 21 of 22 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 KEVIN MCCANN, Mayor As approved by the Board: 12021. 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 Shawn Boyle, City Manager 1126 East State Road 434 Winter Springs, FL 32708 Interlocal Agreement Seminole County Regional Opioid Settlement Funds Page 22 of 22 Ar1F0$p J FLORIDA CITY COMMISSION MEMORANDUM 22-00 1.M JANUARY 10, 2022 AGENDA W S RM Item No. �. To: Honorable Mayor and Members of the City Commission PREPARED BY: Cecil E. Smith, Chief of Police Lonnie N. Groot, Assistant City Attorney SUBMITTED BY: Norton N. Bonaparte, Jr., ICMA-CM, City Manager SUBJECT: Interlocal Agreement; Seminole County Regional Opioid Settlement Funds STRATEGIC PRIORITIES: ❑ Unify Downtown & the Waterfront ❑ Promote the City's Distinct Culture ❑ Update Regulatory Framework ❑ Redevelop and Revitalize Disadvantaged Communities SYNOPSIS: Request that the City Commission approve a County -proposed Interlocal Agreement between Seminole County and the City (and other potential cities) which addresses the appropriate uses of the Seminole County Regional Opioid Settlement Funds. FISCAL/STAFFING STATEMENT: No negative fiscal impacts arise as the City Commission previously approved involvement through legal counsel and involvement in the opioid litigation. That being said, the efficient and targeted use of funds derived from the settlement of the litigation involving the opioid crisis will address many of the adverse impacts that the abuse of opioids has caused within the Sanford community over many years. BACKGROUND: This matter relates to the continuing evolution of the City's involvement as addressed in litigation seeking appropriate legal remedies against distributors, manufacturers and others involved in causing public harm in the context of the National crisis involving opioid pain medications. As is well chronicled, a local, state and National crisis arose as a result of the manufacture, distribution and over -prescribing of opioid analgesics ("opioids") and resulted in opioid overdoses and addictions throughout municipalities, counties, states and the Nation. Seminole County and the municipalities of the County such as the City of Sanford were not immune from the impacts of this Nationwide crisis. The City Commission has brought the impacts of the opioid crisis to the forefront by engaging in the litigation. As the City Commission is well aware, the City is represented in the Nationwide opioid litigation/ the National Prescription Opiate Litigation, based upon past City Commission actions, by a legal team that is spearheaded by the Romano Law Group, of West Palm Beach. The City of Oviedo and Seminole County also entered the National Prescription Opiate Litigation. As a result of this litigation, multiple defendants have begun to negotiate settlements. The City Commission has received past briefings relative to this ongoing complex litigation and has previously taken actions relative to certain matters as presented from time -to -time such approving a Memorandum of Understanding ("MOU") with the State which provides for apportionment of funds. The City has also recently registered to be eligible to receive Participation Agreements from the settlement administrator for the litigation and has entered those Agreements. The Florida Attorney General anticipates that settlement funds will be distributed to the State of Florida and its subdivisions over multiple years as part of a global settlement, with some funds going directly to the City of Oviedo, the City of Sanford and Seminole County, said distribution to be accomplished in accordance with the MOU. It was always known that, ultimately, when funds were collected, a mechanism relating to the targeted expenditure of those funds for purposes that are authorized under the settlement documents would be needed to formalize and implement that means of targeted uses of funds. Discussions with City staff and the County Attorney's office (Chief Assistant County Attorney Desmond Morrell) and the Sherriff's legal counsel (Marry Ann Klein) have been ongoing as to this matter. The County has now proposed an Interlocal Agreement to address the use of funds. In 2016, the Seminole County Opioid Council (SCOC) was formed comprising leaders from a diverse range of fields of expertise representing various private and public organizations around the County to address Seminole County's opioid crises. The SCOC's primary initiative is to provide evidence -based and data -driven solutions to implement a holistic strategy that is designed to address best practices for addiction treatment, and the root causes and parallel issues of substance abuse such as mental illness. The SCOC meets every month and has sub -committees for prevention, enforcement, treatment, medical and legislative functions to address the ongoing opioid epidemic. Each sub -committee is comprised of members who are experts in their respective fields, and make recommendations to the SCOC as it relates to best practices regarding issues related to the opioid epidemic. In January 2019, upon the recommendation of SCOC, Seminole's Collaborative Opioid Response Effort (SCORE) was formed. Since its formation, SCORE has implemented an abatement plan which consists of various programs utilizing resources from public and private entities designed to address the opioid crisis before, during, and after individuals become affected by the crisis. The opioid crisis continues to place an undue strain on local government finances to implement programing to combat the opioid epidemic, to mitigate the harmful effects of the opioid epidemic in the community, and to increase educational campaigns to counteract mis-information about the addictive nature and harmful effects of opioids. The opioid crisis is as pronounced within Seminole County and within the municipalities located within Seminole County as it was throughout most of the harder hit areas in the State of Florida and in the United States and, despite the resources expended on combatting the epidemic, the opioid epidemic continues to impact the local communities of our Nation. Local control over settlement funds is in the best interest of all persons within the geographic boundaries of Seminole County and ensures that settlement funds are available and used to address opioid-related impacts within Seminole County and are, therefore, committed to the County qualifying as a "Qualified County" and thereby receiving regional funds pursuant to the MOU which requires that in order for Seminole County to become a Qualified County eligible to receive Regional Funding, there must be an interlocal agreement among Seminole County and its municipalities, as defined in the MOU, with combined population exceeding 50% of the total population of the municipalities within Seminole County. Historically, government -funded programming geared toward abating the opioid crisis has been data driven based upon community impacts without regard to governmental jurisdictional boundaries. The Interlocal Agreement provides for the Seminole County Regional Funding (the amount of the Regional Funding paid to Seminole County) in its role as a Qualified County, plus any contributions by cities. The Interlocal Agreement provides that Seminole County Regional Funding will be used to fund opioid abatement in accordance with the requirements of MOU and any guidelines set forth by the County. Additionally, the periodic selection of opioid abatement services will take into consideration guidance by the SCOC, and SCORE Abatement Plan, as adopted by the County. The Opioid Abatement Services will be provided to residents of all service areas including the City of Sanford. Seminole County Regional Funding may be used to enhance current programs or develop new programs, but is not intended to supplant current funding sources and general funds, and County staff will continue to seek funding for opioid related abatement at the levels opioid abatement programs were funded as of the effective date of the Interlocal Agreement. The County promises to use its best efforts to fund services and programs that are available to residents of the County in the applicable service areas and shall strive to allocate funding and services in a manner that equally benefits residents of the County in those service areas. The County will provide for ongoing management of the Seminole County Regional Funding and may use a portion of the funds for administrative costs. Detailed information about the settlements may be found at the following website which is supplemented from time -to -time with updated information: https://nationalopioidsettlement.com/. This national settlement website also includes links to helpful summary information including risks, assumptions, FAQs and flow charts describing how the settlements are being implemented in Florida, and how settlement funds will be allocated within Florida, including information about, and links to, any applicable allocation agreement or legislation. LEGAL. REVIEW: The Assistant City Attorney has been involved in this matter from its inception and has no legal objection. Attorney Eric Romano, of the Romano Law Group supports the City entering an interlocal agreement such as is being proposed by the County. RECOMMENDATION: City staff recommends that the City Commission approve the Interlocal Agreement between the County and the City (and other cities) pertaining to the use of Seminole County Regional Opioid Settlement Funds. SUGGESTED MOTION: "I move to approve the Interlocal Agreement." Attachment: Interlocal Agreement.