Res No 090-23-16023RESOLUTION NO. 090-23-16023
A RESOLUTION OF THE CITY COMMISSION OF THEJ..
CITY OF SOUTH MIAMI, FLORIDA, APPROVING A
SETTLEMENT AGREEMENT AND RELEASE BETWEEN
THE STATE OF FLORIDA AND WALMART;
AUTHORIZING THE EXECUTION OF A SUBDIVISION
SETTLEMENT PARTICIPATION FORM; PROVIDING
FOR IMPLEMENTATION AND PROVIDING FOR AN
EFFECTIVE DA TE.
WHEREAS, on October 19, 2022 , th e State of Florida through it s Office of the Attorney
General entered into a settlement wi th Walmart, a copy of w hi c h is attached he reto as Exhib it "A,"
regarding settle me nt of all opioid-related liti gat io n (t he "Settlement Agree ment"); and
WHEREAS, Sections C.5 and C.6 of the Settlement Agreement provide that participating
subdi v is ion s, including muni c ip a liti es, ma y be e li g ibl e for certa in payments in exchange for
release of a ny pending or anticipated opioid-related cla im s or litigati on a nd a general release of
Walmart; and
WHEREAS, th e C ity is not prese ntl y participating in the opioid-related liti gat ion ; and
WHEREAS, in order to pa rticipa te in the Settlement Agree me nt, the City mu st execute
and fi le the Subdivi sion Participation Forni in substantiall y th e form attac hed he reto as Exhibit
·'B"; a nd
WHEREAS, th e City Commiss io n des ires to avail the C ity of w hateve r benefits may
accrue to municipalities th a t participate in the Sett lement Agreement; and
WHEREAS, the City Co mmi ss ion find s that this Resolution is in the best interest and
welfare of th e res id en ts of th e City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AS FOLLOWS:
Section 1. Recitals. That each of th e above-stated recitals are he reby adopted,
confirmed, and incorporated here in.
Section 2. Approving Settlement Agreement. The C ity Com mi ss ion hereby
approves the Se ttlement Agree ment, attached hereto as Exhibit "A."
Section 3. Authorization; Implementation. Th e C ity Manager is auth orize d to
exec ute the Subdivision Partic ipati on Form , in sub s tantiall y the fo rm attac hed he reto as Exhibit
·'B," a nd to take such other action as may be necessary and appropriate to impl ement the C it y's
participation in the Settlement Agreement and this Resolution.
Page I o f 2
Res . No. 090 -23 -1 6023
S ection 4.
adop tio n.
Effecti ve Date. Th at thi s Reso luti o n sha ll be effective imm ed iate ly upo n
PASSED a nd ADOP T ED thi s 18 th day of l.!!ly, 2023.
ATTEST:
REA D AN D APPROVED AS TO FORM ,
LANGUAGE , LEGALITY AND EX V Z--
WE ISS SEROTA HELFMAN CO LE
& BIERMAN, P.L.
CITY ATTORNEY
Page 2 of2
AP PROVE D:
MAYOR
COMMISS ION VO T E:
Mayor Fernan dez:
Vice Mayor Bon ich:
Comm iss io ner Ca ll e:
Comm iss ioner Li ebm an:
Comm iss io ner Corey :
4-1
Yea
Nay
Yea
Yea
Yea
EXHIBITD
SUBDIVISION SETTLEMENT PARTICIPATION FORM
Governmental Entity: City of South Miami State:
Authorized Official: Genaro "Chip" Iglesias
Address 1: 6130 Sunset Drive
Address 2:
City, State, Zip: South Miami, Florida 33143
Phone: 305-663-6338
Email: jfernandez@southmiamifl.gov
The governmental entity identified above ("Governmental Entity"), in order to obtain and
in consideration for the benefits provided to the Governmental Entity pursuant to the Settlement
Agreement and Release dated [ ], 2022, among Walmart (defined below), the State of
Florida and its Office of the Attorney General (" W a/mart Settlement"), 1 and acting through the
undersigned authorized official, hereby elects to participate in the Walmart Settlement, release
all Released Claims against all Releasees, and agrees as follows.
1. The Governmental Entity is aware of and has reviewed the Walmart Settlement,
understands that all terms in this Subdivision Settlement Participation Form have the
meanings defined therein, and agrees that by signing this Subdivision Settlement
Participation Form, the Governmental Entity elects to participate in the Walmart
Settlement and become a Participating Subdivision as provided therein.
2. The Governmental Entity shall immediately cease any and all litigation activities as to the
Releasees and Released Claims and, within the later of 7 days following the entry of the
Consent Judgment or 7 days of the Execution Date of this Subdivision Settlement
Participation Form, voluntarily dismiss with prejudice any Released Claims that it has
filed.
3. The Governmental Entity agrees to the terms of the Walmart Settlement pertaining to
Subdivisions as defined therein.
4. By agreeing to the tenns of the Walmart Settlement and expressly agreeing to the
Releases provided for therein, the Governmental Entity is entitled to the benefits provided
therein, including, if applicable, monetary payments beginning after the Effective Date of
the Release.
5. The Governmental Entity agrees to use any monies it receives through the Walmart
Settlement solely for the purposes provided therein.
6. The Governmental Entity submits to the jurisdiction of the Court for purposes limited to
the Court's role as provided in, and for resolving disputes to the extent provided in, the
Walmart Settlement.
The defined terms in the Walmart Settlement shall have the same meaning in this Subdivision
Settlement Participation Form.
7. The Governmental Entity has the right to enforce those rights given to it in the Walmart
Settlement.
8. The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for
all purposes in the Walmart Settlement, including, but not limited to, all provisions of
Section D and E, 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 Releasee in any forum whatsoever. The releases provided for in the
Walmart Settlement are intended by the Parties to be broad and shall be interpreted so as
to give the Releasees the broadest possible bar against any liability relating in any way to
any Released Claims and extend to the full extent of the power of the Governmental
Entity to release Claims. The Walmart Settlement shall be a complete bar to any
Released Claim.
9. The Governmental Entity hereby takes on all rights and obligations of a Participating
Subdivision as set forth in the Walmart Settlement.
10. In connection with the releases provided for in the Walmart Settlement, the
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.
As a Releasor, the Governmental Entity 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 the Governmental Entity hereby expressly waives and fully, finally,
and forever settles, releases and discharges, upon the Effective Date of the Release, 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
Entity's decision to participate in the Walmart Settlement.
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I I. Nothi ng herei n is intended to modi r y in a ny way th e term s of the Wal mart Settlement, to
wh ic h the Governmenta l Entity he reby agrees . To the extent this Subdivis ion Sett lement
Panicipation Form is interpreted differently from the Wa lmart Sett le ment in any respect,
the Walmart Settlem ent co ntro ls .
I ha ve a ll necessary power a nd a utho ri zat ion to execute thi s
Fonn on behalf of the Gove rnm e nt al Entity.
Signature:
Name:
Title:
Date:
C ity Manager
Ju ly 18, 2023
(the "Execution Date of thi s Subdiv ision
Sett le ment Participation Form")
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