ASSIGNMENT OF CITY OF CLEARWATER CITY/COUNTY FUNDS FROM THE OPIOID LITIGATION TO THE PINELLAS COUNTY CITY/COUNTY FUND Assignment of City of Clearwater Ci . /County Funds from the Opioid Litigation
to the Pinellas Count Qijy/Coupjy Fund
This Assignment is hereby entered into this 21 day of November , 2024
(the "Effective Date"), by and between the City of Clearwater, a municipal
corporation located in Pinellas County, Florida (the "Municipality") and Pinellas
County, Florida, a political subdivision of the State of Florida (the "County")
(collectively, the "Parties").
Whereas, the State of Florida filed an action in Pasco County, Florida, and a
number of Florida cities and counties, including Pinellas County and the City of
Clearwater, also filed actions In re: National Prescription Opiate Litigation, MDL
No. 2804 (N.D. Ohio) (the "Opioid Litigation"); and.
Whereas, the lawsuits filed by the County and Municipality were
consolidated with other lawsuits filed by state, tribal and local government entities
into the Opioid Litigation; and
Whereas, the Florida Memorandum of Understanding (the "Florida Plan"),
which is attached hereto as Exhibit A, sets forth a framework of a unified plan for
the proposed allocation and use of Opioid Funds received from the Opioid
Litigation for certain Approved Purposes (Opioid Funds and Approved Purpose(s)
shall have the same meaning as provided in the Florida Plan); and
Whereas, the State of Florida has entered into settlement agreements in the
Opioid Litigation creating the City/County Fund (City/County Fund shall have the
same meaning as provided in the Florida Plan); and
Whereas, separate payments of Opioid Funds were distributed directly to the
Municipality and the County through the City/County Fund; and
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Whereas, the Municipality continuing to receive a separate payment from
the City/County Fund will require separate programs and reporting requirements
by the Municipality which will be duplicative of those provided by the County; and
Whereas, the County currently provides and will continue providing opioid
abatement services on a county-wide basis serving both incorporated and
unincorporated areas, including within the Municipality, which is an Approved
Purpose for the use of Opioid Funds; and
Whereas, the Municipality and the County agree that combining the funds
the Municipality receives and has received through the City/County Fund with the
funds received by the County through the City/County Fund to be used by the
County for Approved Purposes provides the greatest benefit to the citizens of the
Municipality and the County.
Whereas, at the time of this assignment the Municipality has submitted
reporting to the State indicating zero expenses.
Whereas, the County did not include these funds from this assignment in
their 2023 or 2024 reporting.
NOW, THEREFORE, in consideration of the mutual covenants hereafter
contained, the Parties hereby agree as follows:
SECTION 1: RECITALS
The above recitals are true and correct and by reference incorporated herein.
SECTION 2: ASSIGNMENT OF FUNDS
The Municipality hereby assigns the Opioid Funds received prior to the
execution of this Agreement and to be received by the Municipality, through the
City/County Fund of the Opioid Litigation, to the County to be included in the
County's City/County Fund to be used for Approved Purposes, less an
administrative fee to the County, pursuant to the Florida Plan. The County agrees
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to accept the funds assigned by the Municipality and to use the funds for Approved
Purposes and satisfy any reporting requirements pursuant to the Florida Plan.
Any Opioid Funds received by the Municipality prior to the effective date of
this Agreement will be remitted by the Municipality, within thirty (30) days of the
effective date of this Assignment, to the County for use, accounting and reporting
pursuant to this Agreement as if received directly from the State on behalf of the
Municipality.
SECTION 3: ADMINISTRATIVE ACCOUNTING AND COSTS
Pursuant to the Florida Plan, the County is responsible for all accounting and
reporting to the State required thereby and may retain no more than a 5%
administrative fee from the assigned funds. During the first year of the assignment
the County will retain for itself 5% of the assigned funds to cover costs of
administration; in subsequent years, should the County determine that less than 5%
of the assigned funds is sufficient to satisfy the costs of administration, the County
will notify the City's City Manager of the amount to be retained.
IN WITNESS WHEREOF, the Parties, through their duly authorized
representatives, have made and executed this Assignment on the Effective Date.
THE CITY OF CLEARWATER PINELLAS COUNTY, FLORIDA
i4ifVr Poirrier Barry A. Burton
City Manager County Administrator
ATTEST: VNNA
-_e0
City Clerk
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APPROVED AS TO FORM
By Cody J. Ward
Office of the County Attorney