Participation Form_Settling Distributors 12/08/2021 Florida Subdivision Participation Form
Governmental Entity: Monroe County State: Florida
Authorized Signatory: Mayor David Rice
Address 1: c/o Monroe County Attorney'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 McKesson Corporation, Cardinal
Health, Inc., and AmerisourceBergen Corporation ("Settling Distributors"), dated July 21, 2021
("National Distributor Settlement"), and acting through the undersigned authorized official,
hereby elects to participate in the National Distributor 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 Distributor
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 Distributor
Settlement and become a Participating Subdivision as provided therein pursuant to the
terms of the National Distributor Settlement or pursuant to terms consistent with the
National Distributor Settlement.
2. The Governmental Entity's election to participate is specifically conditioned on
participation by Litigating Subdivisions representing 95% or more of the population
(combined) of Litigating Subdivisions in Florida. Should the combined population of the
Litigating Subdivisions in Florida that participate be less than 95% of the population
(combined) of the Litigating Subdivisions 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 prior to the filing of
the Consent Judgment, secure the dismissal with prejudice of any Released Claims that it
has filed.
5. The Governmental Entity agrees to the terms of the National Distributor Settlement
pertaining to Subdivisions as defined collectively therein.
6. By agreeing to the terms of the National Distributor 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
Distributor 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
Distributor Settlement. If the National Distributor Settlement is finalized,the
Governmental Entity likewise agrees to arbitrate before the National Arbitration Panel as
provided in, and for resolving disputes to the extent otherwise provided in the National
Distributor Settlement.
9. The Governmental Entity has the right to enforce the National Distributor Settlement as
collectively provided therein.
10. The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for
all purposes in the National Distributor Settlement, including but not limited to, all
provisions of Part XI 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 Distributor 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 Distributor Settlement shall
be a complete bar to any Released Claim.
11. The Governmental Entity hereby takes on all rights and obligations of a Participating
Subdivision consistent with the National Distributor Settlement.
12. In connection with the releases provided for in the National Distributor 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, and 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 Distributor Settlement.
13.Nothing herein is intended to modify in any way the terms of the National Distributor
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: l24d8 !?4724
(stR,fdb
= Ts,/\ -i in Madok,Clerk
°0,,,,>. „.,„. As De s uty Clerk
Approved as to form and legal sufficiency:
Monroe County Attorney's Office ti
gat , .
.. � ��
C-jiits;�. r4
V .) O
Assistant County Attorney 11-30-2021 '�
r-- V