Participation Form_Janssen 12/08/2021 Florida Subdivision Participation Form
Governmental Entity: Monroe County State: Florida
Authorized Signatory: Mayor David Rice
Address 1: c/o Monroe County Attorne 's Office
Address 2: 1111 12th St., Suite 408
City, State, Zip: Key West FL 33040
Phone: 305 292-3470
Email: rice-david@monroecounty-fl.gov
The governmental entity identified above ("Governmental Entity"), in order to obtain and in
consideration for the benefits provided to the Governmental Entity consistent with the material
terms of the National Settlement Agreement with Janssen, dated July 21, 2021 ("National
Janssen Settlement")acting through the undersigned authorized official, hereby elects to
participate in the National Janssen Settlement,release all Released Claims against all Released
Entities, and agrees as follows.
1. The Governmental Entity is aware of and has reviewed the National Janssen Settlement,
understands that all terms in this Election and Release have the meanings defined therein,
and agrees that by this Participation Form, the Governmental Entity elects to participate
consistent with the material terms of the National Janssen Settlement and become a
Participating Subdivision as provided therein pursuant to the terms of the National
Janssen Settlement or pursuant to terms consistent with the National Janssen Settlement.
2. The Governmental Entity's election to participate is specifically conditioned on
participation by Litigating Subdivisions and Litigating Special Districts representing 95%
or more of the population (combined) of Litigating Subdivisions and Litigating Special
Districts in Florida. Should the combined population of the Litigating Subdivisions and
Litigating Special Districts in Florida that participate be less than 95% of the population
(combined) of the Litigating Subdivisions and Litigating Special Districts in Florida, this
Election and Release shall be deemed void and no claims shall be released.
3. The Governmental Entity's execution of this Participation Agreement shall serve as the
Governmental Entity's acceptance of the terms and conditions of the Florida Opioid
Allocation And Statewide Response Agreement dated November 15, 2021.
4. The Governmental Entity shall, within 14 days of the Reference Date and prior to the
filing of the Consent Judgment, dismiss with prejudice any Released Claims that it has
bled.
5. The Governmental Entity agrees to the terms of the National Janssen Settlement
pertaining to Subdivisions as defined therein.
6. By agreeing to the terms of the National Janssen Settlement and becoming a Releasor, the
Governmental Entity is entitled to the benefits provided therein, including, if applicable,
monetary payments beginning after the Effective Date.
7. The Governmental Entity agrees to use any monies it receives through the National
Janssen Settlement solely for the purposes provided therein.
8. The Governmental Entity submits to the jurisdiction of the court in the Governmental
Entity's state where the Consent Judgment is filed for purposes limited to that court's role
as provided in, and for resolving disputes to the extent provided in, the National Janssen
Settlement Agreement.
9. The Governmental Entity has the right to enforce the National Janssen Settlement as
provided therein.
10. The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for
all purposes in the National Janssen Settlement, including, but not limited to all
provisions of Section IV (Release), of the Janssen Settlement 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 Released Entity in any forum
whatsoever. The releases provided for in the National Janssen Settlement are intended by
the Parties to be broad and shall be interpreted so as to give the Released Entities the
broadest possible bar against any liability relating in any way to Released Claims and
extend to the full extent of the power of the Governmental Entity to release claims. The
National Janssen Settlement shall be a complete bar to any Released Claim.
11. In connection with the releases provided for in the National Janssen Settlement, each
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 that, if known by him or her
would have materially affected his or her settlement with the debtor or
released party.
A Releasor 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 each
Governmental Entity hereby expressly waives and fully, finally, and forever settles,
releases and discharges,upon the Effective Date, 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 Entities' decision to
participate in the National Janssen Settlement.
12.Nothing herein is intended to modify in any way the terms of the National Janssen
Settlement to which Governmental Entity hereby agrees, with the exception of the
requisite Litigating Government participation level.
I swear under penalty of perjury that I have all necessary power and authorization to execute this
Election and Release on behalf of the Governmental Entity
Signature:
Name: David Rice
Mayor
Title:
Date: 1 < ,= 8 I.74'70-1
"T�� 1Cevi ' ok,Clerk
er,ZAs De. ty Clerk
~OUT COUNfv
Approved as to form and legal sufficiency:
Monroe County Attorney's Office
Assistant County Attorney 11-30-2021
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