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03/14/2023
The City Council is meeting as a legislative body to conduct the business of the City accoi ding to Robert s Rules of Order and the Standing Rules of Order and Business of the City Council Unless so ordered by the Mayor, citizen participation is limited to the times indicated and always within the prescribed rules of conduct foi public input at meetings. 1. CALL TO ORDER THE LAUDERDALE CITY COUNCIL MEETING 2. ROLL CALL 3. APPROVALS a. Agenda b. Minutes of the February 28, 2023 City Council Meetings c. Claims Totaling $134,354.43 4. CONSENT a. January Financial Report b. Garbage Hauler Licenses 5. SPECIAL ORDER OF BUSINESS/RECOGNITIONS/PROCLAMATIONS 6. INFORMATIONAL PRESENTATIONS / REPORTS a. City Council Updates 7. PUBLIC HEARINGS Public hearings are conducted so that the public affected by a proposal may have input into the decision. During hearings all affected residents will be given an opportunity to speak pursuant to the Robert's Rules of Order and the standing i ules of order and business of the City Council. 8. DISCUSSION / ACTION ITEM a. Waiver Request for a Fence at Xcel Energy's Substation b. Resolution No. 031423A — Author izmg Lauderdale Staff to Execute All Necessary Documents to Ensuie Lauderdale Participation in the Multistate Settlements Related to Opioid Supply Chain Participation, and in the Minnesota Opioids State -Subdivision Memorandum of Agreement. 9. ITEMS REMOVED FROM THE CONSENT AGENDA 10. ADDITIONAL ITEMS 11. SET AGENDA FOR NEXT MEETING a. Speed Study Revisited b. Carbon Free Futures MN Coalition Presentation c. Annual Audit Presentation (April 11) d. Annual Police Department Update (April 25) LAUDERDALE CITY COUNCIL MEETING AGENDA 7:00 P.M. TUESDAY, MARCH 14, 2023 LAUDERDALE CITY HALL, 1891 WALNUT STREET The City Council is meeting as a legislative body to conduct the business of the City accoi ding to Robert s Rules of Order and the Standing Rules of Order and Business of the City Council Unless so ordered by the Mayor, citizen participation is limited to the times indicated and always within the prescribed rules of conduct foi public input at meetings. 1. CALL TO ORDER THE LAUDERDALE CITY COUNCIL MEETING 2. ROLL CALL 3. APPROVALS a. Agenda b. Minutes of the February 28, 2023 City Council Meetings c. Claims Totaling $134,354.43 4. CONSENT a. January Financial Report b. Garbage Hauler Licenses 5. SPECIAL ORDER OF BUSINESS/RECOGNITIONS/PROCLAMATIONS 6. INFORMATIONAL PRESENTATIONS / REPORTS a. City Council Updates 7. PUBLIC HEARINGS Public hearings are conducted so that the public affected by a proposal may have input into the decision. During hearings all affected residents will be given an opportunity to speak pursuant to the Robert's Rules of Order and the standing i ules of order and business of the City Council. 8. DISCUSSION / ACTION ITEM a. Waiver Request for a Fence at Xcel Energy's Substation b. Resolution No. 031423A — Author izmg Lauderdale Staff to Execute All Necessary Documents to Ensuie Lauderdale Participation in the Multistate Settlements Related to Opioid Supply Chain Participation, and in the Minnesota Opioids State -Subdivision Memorandum of Agreement. 9. ITEMS REMOVED FROM THE CONSENT AGENDA 10. ADDITIONAL ITEMS 11. SET AGENDA FOR NEXT MEETING a. Speed Study Revisited b. Carbon Free Futures MN Coalition Presentation c. Annual Audit Presentation (April 11) d. Annual Police Department Update (April 25) 12. WORK SESSION a. Community Development Update b. Opportunity for the Public to Address the City Council Any member of the public may speak at this time on any item not on the agenda. In consideration for the public attending the meeting, this portion of the meeting will be limited to fifteen (15) minutes. Individuals are requested to limit their comments to three (3) minutes or less. If the majoi ity of the Council determines that additional time on a specific issue is warranted, then discussion on that issue shall be continued at the end of the agenda. Before addressing the City Council, members of the public are asked to step up to the microphone, give their name, address, and state the subject to be discussed. All remarks shall be addressed to the Council as a whole and not to any member thereof. No person other than members of the Council and the person having the floor shall be permitted to entei any discussion without permission of the presiding officer. Your participation, as prescribed by the Robert's Rules of Older and the standing rules of order and business of the City Council, is welcomed and your cooperation is gu eatly appreciated. 13. ADJOURNMENT To provide public comments, join us via Zoom. You are invited to a Zoom webinar. When: Mar 14, 2023 07:00 PM Central Time (US and Canada) Topic: March 14, 2023 Lauderdale City Council Webinar Please click the link below to join the webinar: https://us02web.zoom.us/j/83025231929?pwd=bGpJREhLZ2Fu7DhQQ2wyRWZn1\ GUzUTO9 Passcode 599822 Or One tap mobile : US +13052241968„83025231929# or +13092053325„83025231929 Or Telephone: Dial(foi higher quality, dial a number based on your current location): US. +1 305 224 1968 01 +1 309 205 3325 or +1 312 626 6799 01 +1 646 558 8656 or +1 646 931 3860 or +1 301 715 8592 or +1 689 278 1000 or +1 719 359 4580 or +1 253 205 0468 or +1 253 215 8782 or +1 346 248 7799 or +1 360 209 5623 or +1 386 347 5053 or +1 507 473 4847 or +1 564 217 2000 or +1 669 444 9171 of +1 669 900 9128 or 888 788 0099 (Toll Free) or 833 548 0276 (Toll Free) or 833 548 0282 (Toll Free) or 877 853 5247 (Toll Free) Webinar ID: 830 2523 1929 International numbers available: https://us02web.zoom.us/u/kcFbbYTVWv LAUD FF,RDAL N; CITY COUNCIL MF'F{,TING MINUThS L auderdale City Hall 1891 Walnut Street L auderdale, MN 55113 P age 1 of 2 February 28, 2023 Call to Order Mayor Gaasch called the Regular City Council meeting to order at 7:01 p.m. Roll Call Councilors present: Sharon Kelly, Evan Sayre, and Mayor Mary Gaasch. Councilors absent Duane Pulford and Jeff Dains. Staff present: Heather Butkowski, City Administrator; Jim Bownik, Assistant to the City Administrator and Miles Cline, Deputy City Clerk. Approvals Mayor Gaasch asked if thele were any additions to the meeting agenda. There being none, Councilor Sayre moved and seconded by Councilor Kelly to approve the agenda. Motion carried unanimously. Mayor Gaasch asked if there were corrections to the minutes of the February 14, 2023 city council meeting. There being none, Councilor Kelly moved and seconded by Councilor Sayre to approve the minutes of the February 14, 2023 city council meeting. Motion carried unanimously. Mayor Gaasch asked if there were any questions on the claims. There being none, Councilor Kelly moved and seconded by Councilor Sayre to approve the claims totaling $18,122.61. Motion carried unanimously. Informational Presentations/Reports A. Presentation by the Roseville Area League of Women Voters B onnie Koch from the Roseville Area League of Women Voters approached the dais to share their research on cities within the area and their compliance with the Americans with Disabilities Act (ADA). After her presentation, she answered questions from the council. B . City Council Updates Mayor Gaasch shared that she, Councilor Sayre, and Councilor Kelly attended a League of Minnesota Cities (LMC) conference for elected officials. Gaasch continued to say that a majority of the Council would be attending Day on the Hill on March 9. Finally, Gaasch stated that she is on the search committee to replace the LMC Executive Director. Discussion/Action Item A. Resolution No. 022823A — Condemning the Use of Discriminatory Covenants and Approving Participation in the Just Deeds Coalition The City Council supports efforts to improve racial equity in Lauderdale. The University of Minnesota's Mapping Prejudice identified two properties with restrictive covenants. LAUDERDALE CITY COUNCIL MEETING MINUTES L auderdale City Hall 1891 Walnut Stt•eet L auderdale, MN 55113 Page 2 of 2 February 28, 2023 B y joining Just Deeds, the covenants can be removed from the deeds. No official action is required to join Just Deeds, but most cities have adopted a resolution of support. By becoming a member, city can access pro bono lawyers that will work with the homeowners to have the covenants removed. One of the lawyers that does this work also represents our cable commission and he said he is ready to help our homeowners. Councilor Sayre moved and seconded by Councilor Kelly to adopt Resolution No. 022823A Condemning the Use of Discriminatory Covenants and Approving Participation in the Just Deeds Coalition. Motion carried unanimously. B . City Administrator Employment Agreement B ased on the recent class and compensation study, the Council discussed raising the compensation of the city administrator position. As the position was below market pay by more than ten percent, the Council discussed raising the pay by five percent in 2023 and 2024 in addition to the COLA adjustment. The employment agreement was amended accordingly. Councilor Sayre moved and seconded by Councilor Kelly to approve the city administrator employment agreement as presented. Motion carried unanimously. Set Agenda for Next Meeting Butkowski stated that the March 14 council meeting might include the January financial report, garbage hauler licenses, and a waiver request for a fence at Xcel Energy's substation. Work Session A. Community Development Update Butkowski shared that City staff is working with Eureka Recycling on residential pickup issues. She continued to say that Goodmanson Construction salted the alleyways on February 25. B . Opportunity for the Public to Address the City Council Mayor Gaasch opened the floor to those in attendance interested in addressing the Council. There being nobody interested in speaking, Mayor Gaasch closed the floor. Adjournment Councilor Sayre moved and seconded by Councilor Kelly to adjourn the meeting at 7:48 p.m. Motion carried unanimously. Respectfully submitted, Y�f Miles Cline Deputy City Clerk To: From: Meeting Date: Subject: CITY OF LAUDERDALE LAUDERDALE CITY HALL 189 1 WALNUT STREET LAUDERDALE, MN 55113 651-792-7650 651-631-2066 FAX Request for Council Action Mayor and City Council City Administrator March 14, 2023 List of Claims The claims totaling $134,354.43 are provided for City Council review and approval that includes check numbers 28330 to 28347. Accounts Payable Checks by Date -Detail by Check Date User: Printed: MILES.CLINE 3/10/2023 10:21 AM Check No Vendor No Vendor Name Invoice No Description ACH 43 ACH 44 ACH 45 ACH 46 ACH 47 28330 13 10258 28331 20 467901 467901 467901 468532 468532 468532 28332 383 Public Employees Retirement Association PR Batch 50500.03.2023 PERA Coordinated PR Batch 50500.03.2023 PERA Coordinated Check Date Reference 03/03/2023 PR Batch 50500.03.2023 PER PR Batch 50500.03.2023 PER Total for this ACH Check for Vendor 43: Minnesota Department of Revenue PR Batch 50500.03.2023 State Income Tax 03/03/2023 PR Batch 50500.03.2023 Stat( Total for this ACH Check for Vendor 44: ICMA Retirement Corporation PR Batch 50500.03.2023 Deferred Comp PR Batch 50500.03.2023 Deferred Comp 03/03/2023 PR Batch 50500.03.2023 Def( PR Batch 50500.03.2023 Def( Total for this ACH Check for Vendor 45: Internal Revenue Service PR Batch 50500.03.2023 Medicare Employee Pc PR Batch 50500.03.2023 FICA Employer Portio: PR Batch 50500.03.2023 Federal Income Tax PR Batch 50500.03.2023 Medicare Employer Po PR Batch 50500.03.2023 FICA Employee Portio 03/03/2023 PR Batch 50500.03.2023 Med PR Batch 50500.03.2023 FIC. PR Batch 50500.03.2023 Fed( PR Batch 50500.03.2023 Med PR Batch 50500.03.2023 FIC. Total for this ACH Check for Vendor 46: Public Employees Insurance Program PR Batch 50500.03.2023 Dental PR Batch 50500.03.2023 Health Insurance 8th Day Landscaping LLC February 2023 Snow Removal Abdo LLP 2022 Audit 2022 Audit 2022 Audit 2022 Audit 2022 Audit 2022 Audit 03/03/2023 PR Batch 50500.03.2023 Den PR Batch 50500.03.2023 Hea Total for this ACH Check for Vendor 47: Total for 3/3/2023: 03/14/2023 Total for Check Number 28330: Aspen Waste Systems of Minnesota Inc 03/14/2023 Total for Check Number 28331: 03/14/2023 Check Amount 1,231.78 1,421.27 2,653.05 871.24 871.24 1,623.40 1,164.80 2,788.20 293.87 1,256.53 2,103.01 293.87 1,256.53 5,203.81 85.20 2,737.49 2,822.69 14,338.99 680.00 680.00 1,950.00 1,950.00 9,100.00 7,350.00 1,575.00 1,575.00 23,500.00 AP Checks by Date - Detail by Check Date (3/10/2023 10:21 AM) Page 1 Check No Vendor No Invoice No Vendor Name Description Check Date Reference Check Amount S1474681-030123 28333 29 4324 28334 2 IN52913 28335 25 EMCOM-010683 EMCOM-010698 EMCOM-010714 • 28336 294 477 28337 61 3020536 28338 82 032023 28339 387 1127 28340 24 0001152894 28341 12 2023-26 2023-26 2023-26 28342 84 032023 032023 032023 032023 032023 032023 032023 March Refuse Service City of St Anthony March Police Services City of St Paul Bi -Annual Street Lighting Electricity County of Ramsey February Fleet Support February CAD Services February 911 Dispatch Services Goodmanson Construction Inc 3 Tons of Salt for Alleyways Gopher State One Call February Locates Horne Depot General Supplies Metro -INET March IT Services Metropolitan Council April Waste Water NineNorth February Virtual Meeting Charge February Virtual Meeting Production February Webstreaming & Archiving Total for Check Number 28332: 03/14/2023 Total for Check Number 28333: 03/14/2023 Total for Check Number 28334: 03/14/2023 Total for Check Number 28335: 03/14/2023 Total for Check Number 28336: 03/14/2023 Total for Check Number 28337: 03/14/2023 Total for Check Number 28338: 03/14/2023 Total for Check Number 28339: 03/14/2023 Total for Check Number 28340: 03/14/2023 Total for Check Number 28341: North Star Bank Cardmember Services 03/14/2023 MGFOA - HB Membership Renewal February Costco Fuel February Costco Fuel Costco - Trash Bags / Paper Towels February Costco Fuel VistaPrint - Business Cards Amazon - Office Supplies 400.27 400.27 71,692.50 71,692.50 18.72 18.72 6.24 75.17 462.60 544.01 732.00 732.00 1.35 1.35 77.62 77.62 2,190.00 2,190.00 12,824.43 12,824.43 74.75 360.00 255.41 690.16 70.00 75.14 350.66 177.93 75.14 84.96 25.93 AP Checks by Date - Detail by Check Date (3/10/2023 10:21 AM) Page 2 Check No Vendor No Invoice No Vendor Name Description Check Date Reference Check Amount 28343 10 0001490360 28344 356 584 28345 4 SI006133 SI006133 28346 3 495375016 28347 90 9928992975 9928992975 9928992975 Total for Check Number 28342: On Site Sanitation Inc 03/14/2023 02/18/2023 - 03/17/2023 Park Portable Restroon Total for Check Number 28343: Rum River Ventures LLC December 2022- January 2023 Contract Buildinj 03/14/2023 Total for Check Number 28344: The Neighborhood Recycling Company Inc 03/14/2023 February Multi -Family Recycling February Single Unit Dwelling US National Equipment Finance Inc March Copier Lease Verizon Wireless February Cell Phone February Cell Phone February Cell Phone Total for Check Number 28345: 03/14/2023 Total for Check Number 28346: 03/14/2023 Total for Check Number 28347: Total for 3/14/2023: Report Total (23 checks): 859.76 101.00 101.00 1,900.50 1,900.50 420.21 3,026.73 3,446.94 176.00 176.00 45.04 90.09 45.05 180.18 120,015.44 134,354.43 AP Checks by Date - Detail by Check Date (3/10/2023 10:21 AM) Page 3 LAUDERDALE COUNCIL ACTION FORM Action Requested Consent X Public Hearing Discussion Action Resolution Work Session Meeting Date March 14, 2023 ITEM NUMBER January Financial Report STAFF INITIAL ` 2 - APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: Every month, staff provide the Council with an updated copy of the city's finances. Follow - mg are the revenue expense, and cash balance reports for January 2023. This includes most, but not all, of the adjusting entries for the 2022 audit. OPTIONS: STAFF RECOMMENDATION: By approving the consent agenda, the Council acknowledges the city's financial report for January 2023. General Ledger Cash Balances User: heather.butkowski Printed: 3/7/2023 12:59:36 PM Period 01 - 01 Fiscal Year 2023 Description Account Beg Bal MTD Debit MTD Credit Current Balance Cash Change Fund Cash Cash Cash Cash Cash Cash Cash Cash Cash Cash Cash Cash Current Assets Petty Cash Petty Cash 101-00000-000-10100 101-00000-000-10300 226-00000-000-10100 227-00000-000-10100 228-00000-000-10100 306-00000-000-10100 401-00000-000-10100 403-00000-000-10100 404 00000-000-10100 406-00000-000-10100 414 00000-000-10100 416-00000-000-10100 602-00000-000-10100 603-00000-000-10100 101-00000-000-10200 Investments - Fair Value 101-00000-000-10410 Adj Inveshnents Grand Total -3,038,891.24 100.00 -123.55 70,432.55 246,007.16 234,230.18 147,621.59 419,914.89 200,741.09 339,524.13 362,004.04 91,581.46 821,625.17 373,837.47 268,604.94 300.00 300.00 3,932,011.18 3,932,011.18 4,200,916.12 128,742.12 0.00 3,832.76 1,246.57 477.42 3,996.43 286.49 880.57 389.57 658.91 702.53 177.73 15,040.74 4,446.82 160,878.66 0.00 0.00 77,276.39 77,276.39 238,155.05 152,512.09 0.00 1,279.65 5,353.66 0.00 109,950.00 0.00 5,032.75 0.00 0.00 0.00 0.00 42,151.11 6,755.32 323,034.58 0.00 0.00 100,000.00 100,000.00 423,034.58 -3,062,661.21 100.00 2,429.56 66,325.46 246,484.58 128,276.61 147,908.08 415,762.71 201,130.66 340,183.04 362,706.57 91,759.19 794,514.80 371,528.97 106,449.02 300.00 300.00 3,909,287.57 3,909,287.57 4,016,036.59 GL - Cash Balances (03/07/2023 - 12:59 PM) Page 1 � o 3 0 0 o Cr) M exl D 0 N N N at M O .0 _ N •C/3 C4 U % ExpendCollect cirr 1-4 ct YTD Balance Current Period bL u ai Account Number OO fC CM Ooo O O t 0 t O n O M 'J 0 0 00 0 00 0 M MONO oO O M'-+ v) O esti O 00 N VOv7O O\ 0 Cel Cr) d a\ 0 \DOOeel 000 \Dv1ON000 O \O O d O o0CN CN CNN 00 in lCD4, N \OOONOo0 O v)ON000 • c1 O o0 O N N O\ O\ oop v:3OI O G 0 O O O O O O O O O 0 0 0 0 0 Ni O .--i O O O N v)T-1 NN O d 1,567,922.74 N NO\O 0 rt ool-O 0 vi v N 0 O N N- M M M O\ 1� cn d ~ 00 VD N O 0 r: el d;O 0 'o ON ClO O\ 00 O N O\ 00 \O N O 0 N NctO 0 N V O ONO O O 01000 m N N O\ CD CD 0 0 N 4 N • N 44.d d' e1 [� O Cl 00 V' 1 VD V) m f e- Vim' O el N rr 00 rimi 1 7 • get letN 00 O, 10 H CY ti O O M 00 N H General Fund 411 GL - Revenue vs Expense (03/07/2023 - 01:00 PM) a) N bA � t W 71' N oN N 0 r24 % Expend/Collect U c0 YTD Balance Current Period d at Fts PA Description Account Number 0 0 o O O cj 0 O N O • 0 v O o6 O O .J O o r 00 4 0o i O 0 4 0 0 0 o0 0 O N b N M ✓ 0 0 OI ✓ O O O ✓ O O O CD I V) O O O ~O O 0 O CD O< N C\ O O O et o 0 0 foo 0 r o O O O d, O O O '.3 r CD O O 0 O 000 C3 0 0 6 N 0 E Q.1 c, v0 tin CCi N C) O I:14 N a a •—• d Mn oOU bD U cdas • N N NVD r r 41. N C7\ 00 N N 0 N r 0 N N d a W Communications b N GL - Revenue vs Expense (03/07/2023 - 01:00 PM) % Expend/Collect YTD Balance Current Period Description tIO : 0 U CD immei O r b t/1 O O O O� \G O r, 1 NOO O (V t•-;- CD � O vo Nctel O O p 06 tr;1-1VS N Cr) 'cY 00 N UriN VD N N vl N ti O O M N N N Cl O O 0 O O O O N O M O • VD to O M M O\ • 0 0 OO CC000 VD N rn a N rno00 00 /de od O O O ei VD N CN ti 0 0 0 0el O O QOM O C1 O CN O M t�Vfl \O N O\ N d VO (1) d U U VD N a bA CD cU to N O 0) g 'a to a) V) C d O 721- .. �, N ro a`7 a) x cc k aa) x wa.V)oU w a GL - Revenue vs Expense (03/07/2023 - 01:00 PM) % Expend/Collect \ \ YTD Balance Current Period k \ \ \ J Oo @ 7 \ as s s \ K 00 55 \ § 6\ O N '1- \\ \ / k \ @| \ k 0 c3 0 0 \ & k \ \) \ cc o 0 \ & @ \/ 0 0d \ 0 / ( \ ( \/ \ 0 ® at g)\ A �\/ cu $ = 8 / 0 0• w § _o5° } _¥= 2 § \ fli / /]\/ \ )/3 4 Q Q 2 0 la( \\ \rci/ \\ 00 f _ r0 ^ a 0 c f\ 0 P \\\\ \ CO / GL - Revenue vs Expense (03/07/2023 - 01:00 PM) 0�. N O 0_ 0 M pCV N 0 N� p N Y C rct M 0 b � a a • a % Expend/Colle YTD Balance Current Period 0 OI O 0 O 0 O O o O 0 O OIO O O O O O 0 O M 0 0I 00 co O 0l 1- 00 r 0 b bD U b cid U U U• 0 N W 0 :a o 0 0 0 O O r 0 O O O GO TIF Revenue Bonds 2018A 0 O M GL - Revenue vs Expense (03/07/2023 - 01:00 PM) 1 a N ct O 3 0 0 M M N O N di 0 Ti 0 cd N C t c/1aa'w" % Expend/Collect YTD Balance Current Period z itoO 1' C 5 0 O }' CZ fl a) ri Attz U dt- 0 O 0 O 0 0o cel N O 00 ri GD rt H triN M O to N M M rmi 0 .1 00 M .-i O O O cn to co O O M 0 0 1) O 0 CO Q\ cip 00 U O cCV ti (1) --� U 0 i co vi W o O C1 O O O O 0 O 00 1_ O V) 2019A Improvement Bonds 1/40 0 M GL - Revenue vs Expense (03/07/2023 - 01:00 PM) a N ct N O 3 q ti x -a) M N .a NgO p N CV O N rN z d`''o ) a .a -o u. J O c) o ca r n w" % Expend/Collect YTD Balance Current Period Description O 0 �l O poottr l o .--i O O M O p OO O p O O I!) O l to 0 0 O l O '1 O -_ O ti O O O cs - co 00 N N O OI ri N to V1.% M 00 00 00 1 O'd Ol Vl' O O ppl O 0 O p O O p O 00 N N oodd' Ol 00 Opl O 7 O .co p O O p oo W N N N O OOlOOO O O O O OOOO OO O co in to co O H to ter M 00 00 00 0 0 En N 4—)ba Cy.o N Pr - > 0 b U cn C ro CI U . 0 U > <n a) 0 tG v c0 0 4 a) 14 t O a, °q U N d ami ,O a0i co L7� 0 a WOUO W General Capital Projects 1-4 N bA GL - Revenue vs Expense (03/07/2023 - 01:00 PM) % Expend/Collect YTD Balance Current Period 00 \ Cr) \ \ 00 \ 00 \ R - ( / 00 0 \1 @ Q 6 6 c-5, e / 0 0 2� 333 0 0 @| 336 0 0 @| aa3 0 0 @| £33 CD 0 ) e1 1' • }\ X / mono \ \ \ \ 00 \ \ 00 \ \ R - Street Capital Projects \ GL - Revenue vs Expense (03/07/2023 - 01:00 PM) 4-791 N O 3 0 o M fl O o l, O a) 0 •- N 1 a [i % Expend/Collect YTD Balance Current Period uotidtaasau oar 0) 00;0 O v) O o\00 M O V) O O OR 0 00 rn4) G cA y > U U 0 G n j O 1i be r a a\ 00 ON 00 M O O O O O d a 00 0l 0 0 0 00 00 I O O 0 0 0 0 O O 0 O O O O O 0 CD CD 0 I 0 0 0 O O 0 C> N. 0 o; O O ON O 000 M O O O O n M 00 00 Co) 0 GL - Revenue vs Expense (03/07/2023 - 01:00 PM) loapo3/puadxa 04, YTD Balance Current Period k \ : co 44 N \/ 0" ar \� c g0el /R» cd r / ..8 0li o cd 0 Q m \\\e \ \ G \ \ \ \ 2 00 § 5 \ « 0 0 ƒ( ;i1 co t k g Park Dedication GL - Revenue vs Expense (03/07/2023 - 01:00 PM) M en 'n O o NNp ') d w. 0+ b 0 CO • (21 % Expend/Collect YTD Balance Current Period VD In 0 vi, O o 0 0 t- o 0 0 o r 't. o( N 0 0 N O N O CT M M 06 VD in o 41 0 0 ri O C O O r r cn t o ttn 0 I en 0 0 o 0 0 0 0 r ocD ol o 00 o O o Ord 0 o 4 r 0 O M 0 b 00 en 0 0 en 0 c r 0 0 0 0 ti b 0 up 0 tbt-b, 0 0 cci 0 O 0 0 C IM 0 04 0 r+ 0 . G rn O 01 0 ry 0 0) 0 5 g. 0 R: 000 W AA; Development GL - Revenue vs Expense (03/07/2023 - 01:00 PM) % Expend/Collect YTD Balance Current Period uogdpasaa Account Number 0 0 6 0 0 I • O 2cp I O 0 O 6 O 0 0 O O O O 0 0l 0 0 6 O 0 0 0 0I O O O p O p O p 0 0 O O 0 O O O O O v 0 al U U O 0 N up _ WOOD 04W Housing Redevelopment 0 0 GL - Revenue vs Expense (03/07/2023 - 01:00 PM) w N 3 0 CC 0 N ' O � O N �ocri a) rtp � P r' ca. % Expend/Collect YTD Balance Current Period Orn O v) O N O I N O N N CO 00 1, N O N O Cfl 0) O N. O O cn N o o o 0 0 o o 0 o 00 m z U U 4. > CDC) bb cc p N tcs r r H o O o O O 0 0 0 00 O O 0 O O 0 O O O 00 0 00 0l O O 0 bA 0 O G cd 0 0 04 v.0 - q W000 CO O N '-4 TIF District No. 1-2 c b0 w GL - Revenue vs Expense (03/07/2023 - 01:00 PM) M � O O N % Expend/Collect YTD Balance Current Period 0)) 4-1 tAri .b PO Description Account Number O cn 7Cm p I rim4 4--1 O M O 0 N O \Dcvp O 000 An o N N O d' D\ O V1 143 0 0 0 O C 0 'D O\ p I to 0000001 00 N 0O\O p O d' 0N0 0 VD M emi p bto ‘43 O M � 000 � 0 O O N O �O N 4 O 'D . 1 co N N d' N N O d'I--+ OI to N000 pl N N O O O\ 0 v1 0 00 0 p M M O N CO O VD 'd 0 '0 o rimil tn VD v1 H d' M 00 \D cnv--I V v1 'D e-1 16 .-+ 1-t M '1 N OO ON O0 WI Cl in CD0000 OI M M ONN O • b d'cod O�O O In \O v1 e-1 d;, M 00 �D M r-+ V1 v1 vD rl VO ,--+ H M 7 N O O O p i O 0 0 0 0 p 1 O O O O O OO 0 0 0 0 0 O O O M O O Ni O O Cr; O p M O d1'O GT 00000 Ee CT d- 00 N O tc h 'tt N vet M t - o0 .. N N 1) 0 b1) N • N g U °) 8 ael) 8 0 — >' o V . o \i(1-)n LI) g r./) v E D •v U C/) ro a) ON V) y�_� N 0) A y d Ow bbU N d enx4o o" a wwGO000 w Sanitary Sewer bn a GL - Revenue vs Expense (03/07/2023 - 01:00 PM) N N tkoTd o4) % Expend/Collect YTD Balance Current Period Description O N \ I • N O p O M V O O O N' • od 0 O O 0 0 0 OI O O O p • 0 00 O 00 V) d' d ti CII c) a U C t:4 euN cn OJ E • k N W g c9 0 .4) LL. 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Updates include: • A flat fee of $250.00 per license (residential & commercial); $500 for both. • Combined the two separate license application forms into one application form. • Included an important notice about post -collection cart placement for collection truck drivers. Upon approval, the following garbage companies will be issued residential and commercial refuse hauler licenses, but only once the licensing process is complete as some are mailing in payments. Republic Services Walter's Aspen Waste Management OPTIONS: 1) Approve as consent item. 2) Do not approve as consent item. STAFF RECOMMENDATION: By approving the consent agenda the council is approving the 2023 refuse hauler licenses for these four companies, upon completion of the licensing process. COUNCIL ACTION: LAUDERDALE COUNCIL ACTION FORM Action Requested Consent Public Hearing Discussion X Action Resolution Work Session X Meeting Date March 14, 2023 ITEM NUMBE 2535 Larpenteur Ave Fence Waiver STAFF INITIAL Jim APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: Chapter 7 of the Code of Ordinances regarding fences and retaining walls allows property owners to apply for a waiver to deviate from city code if the Council finds that the requirement is not neces- sary for the protection of public health, safety, or welfare. Xcel Energy, 2535 Larpenteur Ave West, is requesting to construct a 10' high mesh fence surround- ing the staging yard located at the rear of the Terminal Substation. The city code allows for fences up to 8' in height foi security purposes in commercial and industrial zones, which is 2' less than the request. The attached site plan shows their proposed plan. There is a unique circumstance in that the existing 7' chain-link fence is inadequate for security to piotect critical infrastructure. The 10' fence would better address the concern. The waiver process was designed for unique situations like this. If approved, conditions can be placed on the approval. However, staff does see any concerns with approval of the waiver, so we do not think conditions are necessary. If approved, Rum River Consultants will work with them on a building permit for the fence. Similar to the consideration of variances, the Council should indicate their reasons for approval or denial though the decision making process With variances the Council's decisions are memorial- ized by resolution. With waivers, staff include the reasons for approval or denial in the minutes of the meeting to create a permanent record. OPTIONS: 1) Approve, with or without conditions. 2) Deny. STAFF RECOMMENDATION Staff does not think the waiver request has any negative impact to public health, safety and welfare. Thus, we recommend a motion to approve the fence waiver request from Xcel En- ergy for 2535 Larpenteur Ave West. xcel 1 erminai Substation Xcei Energy Services Inc. • _}1 Q� <1 et U 0 J tL 1 C c o c u ?Tc Q 0. oc ti - 0— 3 0 fo3c C t1 • U V 4 C O O 7 g J, • Q� 0 E C o c3- • c3 te• E 0a Sao n$� u-493 J noes EE L i a 7 a2 co JARED JONES cense d 40010 Data: 10/00/2021 023-10346-000 0 0 0 U Z 15 0 Er. to VERALL SITE PLAN O U 1 7 ti L 1 .1 trefi •. &'L i , t ;1 t 1 E: 1 i i t 1 o 6 rst it w t • C. L. ) C -v y 1 4 \ S3 (- 0 t tFatT( 1 � 4r` { CO\ SIB C } 1 1:::' C =a° � f C 1 1•J ; 9 i▪ t r EXISTING SITE ENTRANCE GATE i 1S* 1 cG c 1 1s 1'1 J :1 3 �-... r-. cctC •� ` t yf 1 1/2 \ I. \A 4r• -•"'s. 4 r� 1 S r t. 1 1 L ct LL•Lu fit_ •— 1 :1 ! 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Conditions If a waiver is granted, the City Council may impose conditions. Submittals* Site plan drawn to scale that shows: ✓ Property corners (locate property stakes or submit a Certificate of Survey). ✓ Pertinent site information such as lot lines, street names, locations and dimensions of existing or proposed buildings, setback distances, parking areas, and percentage of lot covered by roofed structures. Please provide a narrative describing your request Xcel Energy is proposing to replace the existing 7ft tall chain link fence surrounding the staging yard located at the rear of the Terminal Substation located at 2535 Larpenteur Ave W. The fence will be upgraded to a 10ft tall mesh fence. The taller fence will improve safety and security measures which will aid in the protection of the adjacent critical substation infrastructure from physical attack. Attached is a drawing showing the proposed fence improvements. For Office Use Only Date. Approved/Denied:. PIN#: Receipt #. Meeting/Public Hearing Date: Conditions: LAUDERDALE COUNCIL ACTION FORM Action Requested Consent Public Hearing Discussion X Action Resolution Work Session X X Meeting Date March 14, 2023 ITEM NUMBER Opioid Settlement Resolution STAFF INITIAL APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: The state attorney general provided the following resolution and Memorandum of Agree- ment (MOA) for city council consideration to continue in the new opioid settlement pro- ceedings. The city originally approved a resolution and MOA in late 2021. This is on-going and evolving, but as I understand it, the more Minnesota cities that participate, the more funding Minnesota will receive. STAFF RECOMMENDATION: Motion to adopt Resolution 031423A A Resolution Authorizing Lauderdale Staff to Exe- cute All Necessary Documents to Ensure Lauderdale Participation in the Multistate Settle- ments Related to Opioid Supply Chain Participation, and in the Minnesota Opioids State - Subdivision Memorandum of Agreement. RESOLUTION NO. 031423A CITY OF LAUDERDALE COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION AUTHORIZING LAUDERDALE STAFF TO EXECUTE ALL NECESSARY DOCUMENTS TO ENSURE LAUDERDALE PARTICIPATION IN THE MULTISTATE SETTLEMENTS RELATING TO OPIOID SUPPLY CHAING PARTICIPANTS, AND IN THE MINNESOTA OPIOIDS STATE -SUBDIVISION MEMORANDUM OF AGREEMENT WHEREAS, the State of Minnesota and numerous Minnesota cities and counties are engaged in nationwide civil litigation against opioid supply chain participants related to the opioid crisis; and WHEREAS, the Minnesota Attorney General has signed on to multistate settlement agreements with several opioid supply chain participants, but those settlement agreements are still subject to sign -on by local governments and final agreement by the companies and approval by the courts; and WHEREAS, there is a deadline of April, 18 2023, for a sufficient threshold of Minnesota cities and counties to sign onto the above -referenced multistate settlement agreements, and failure to timely sign on may diminish the amount of fiuzds received by not only that city or county but by all Minnesota cities and counties from the settlement funds; and WHEREAS, representatives of Minnesota's local govermnents, the Office of the Attorney Geneial, and the State of Minnesota have reached agreement on the intrastate allocation of these settlement funds between the State, and the counties and cities as well as the permissible uses of these funds, which will be memorialized in the Minnesota Opioids State -Subdivision Memorandum of Agreement, as amended (the "State -Subdivision Agreeinent" )• and WHEREAS, the State -Subdivision Agreement creates an opportunity for local governments and the State to work collaboratively on a unified vision to deliver a robust abatement and remediation plan to address the opioid crisis in Minnesota; NOW, THEREFORE, BE IT RESOLVED, the city of Lauderdale supports and agrees to the State - Subdivision Agreement; and BE IT FURTHER RESOLVED, the city of Lauderdale supports and opts in to all future multistate settlement agreements with opioid supply chain participants; and BE IT FURTHER RESOLVED the Lauderdale City Council authorizes city staff to execute all necessary documents to ensure the city of Lauderdale participation in the multistate settlement agieements, including the Participation Agreement and accompanying Release, and in the State - Subdivision Agreement. ATTEST: Mary Gaasch, Mayor Heather Butkowski, City Administrator AMENDED MINNESOTA OPIOIDS STATE -SUBDIVISION MEMORANDUM OF AGREEMENT WHEREAS, the State of Minnesota, Minnesota counties and cities, and their people have been harmed by misconduct committed by certain entities that engage in 01 have engaged in the manufacture, marketing, promotion, distribution, or dispensing of an opioid analgesic; WHEREAS, certain Minnesota counties and cities, through their counsel, and the State, through its Attorney General, are separately engaged in ongoing investigations, litigation, and settlement discussions seeking to hold opioid manufacturers and distributors accountable for the damage caused by their misconduct; WHEREAS, the State and Local Governments share a common desire to abate and alleviate the impacts of the misconduct described above throughout Minnesota; WHEREAS, while the State and Local Governments recognize the sums which may be available from the aforementioned litigation will likely be insufficient to fully abate the public health crisis caused by the opioid epidemic, they share a common interest in dedicating the most resources possible to the abatement effort; WHEREAS, the investigations and litigation with several companies have resulted in National Settlement Agieements with those companies, which the State has already committed to join; WHEREAS, Minnesota's share of settlement funds from the National Settlement Agreements will be maximized only if all Minnesota counties, and cities of a certain size, participate in the settlements; WHEREAS, the National Settlement Agreements will set a default allocation between each state and its political subdivisions unless they entei into a state -specific agreement regarding the distribution and use of settlement amounts; WHEREAS, this Amended Memorandum of Agreement is intended to facilitate compliance by the State and by the Local Governments with the terms of the National Settlement Agreements and is intended to serve as a State -Subdivision Agreement under the National Settlement Agreements• WHEREAS, this Amended Memorandum of Agreement is also intended to serve as a State - Subdivision Agreement under resolutions of claims concerning alleged misconduct in the manufacture, marketing promotion, distribution, or dispensing of an opioid analgesic entered in bankruptcy court that piovide for payments (including payments through a trust) to both the State and Minnesota counties and cities and allow for the allocation between a state and its political subdivisions to be set through a state -specific agreement; and WHEREAS, specifically, this Amended Memoiandum of Agreement is intended to serve under the Bankruptcy Resolutions concerning Purdue Pharma, Mallinckrodt, and H,ndo as a qualifying Statewide Abatement Agreement. 1 I. Definitions As used in this MOA (including the preamble above): "Approved Uses" shall mean forward-looking strategies, programming, and services to abate the opioid epidemic that fall within the list of uses on Exhibit A. Consistent with the terms of the National Settlement Agreements and Bankruptcy Resolutions, "Approved Uses" shall include the reasonable administrative expenses associated with overseeing and administeiing Opioid Settlement Funds. Reimbursement by the State or Local Governments for past expenses are not Approved Uses. "Backstop Fund" is defined in Section VI.B below. "Bankruptcy Defendants" mean any Opioid Supply Chain Participants that have filed for federal banluuptcy protection, including, but not limited to, Purdue Pharma L.P., Mallinckrodt plc and h,ndo International plc. "Bankruptcy Resolution(s)" means resolutions of claims concerning alleged misconduct in manufacture, marketing, promotion, distribution, or dispensing of an opioid analgesic by the Bankruptcy Defendants entered in bankruptcy court that provide for payments (including payments through a trust) to both the State and Minnesota counties and municipalities and allow for the allocation between the state and its political subdivisions to be set through a state -specific agreement. "Counsel" is defined in Section VI B below. "County Area" shall mean a county in the State of Minnesota plus the Local Governments, or portion of any Local Government, within that county. "Governing Body" means (1) for a county, the county commissioners of the county, and (2) for a municipality, the elected city council or the equivalent legislative body for the municipality. "Legislative Modification" is defined in Section II.0 below. "Litigating Local Governments" mean a Local Government that filed an opioid lawsuit(s) on or before December 3, 2021, as defined in Section VI.B below. "Local Abatement Funds" are defined in Section ILB below. "Local Government' means all Minnesota political subdivisions within the geographic boundaries of the state of Minnesota. 'MDL Matter" means the matter captioned In re National Prescription Opiate Litigation, MDL 2804 pending in the United States District Court for the Northern District of Ohio. 2 "Memorandum of Agreement" or "MOA" means this agreement, the Amended Minnesota Opioids State -Subdivision Memorandum of Agreement. "National Settlement Agreements" means a national opioid settlement agreement with the Parties and one or more Opioid Supply Chain Participants concerning alleged misconduct in manufacture, marketing, promotion, distribution, or dispensing of an opioid analgesic, which includes structural or payment provisions requiring or anticipating the participation of both the State and its political subdivisions in the national opioid settlement agreement and allows for the allocation of Opioid Settlement Funds between the State and its political subdivisions to be set through a state -specific agreement. "Opioid Settlement Funds" shall mean all funds allocated by the National Settlement Agieements and any Bankruptcy Resolutions to the State and Local Governments for purposes of opioid remediation activities or restitution, as well as any repayment of those funds and any interest 01 investment earnings that may accrue as those funds are temporarily held before being expended on opioid remediation strategies. "Opioid Supply Chain Participants" means entities that engage in, have engaged in, or have provided consultation services regarding the manufacture, marketing, promotion, distribution, or dispensing of an opioid analgesic, including, but not limited to, Janssen, AmeiisourceBergen, Cardinal Health, McKesson, Teva Pharmaceuticals, Allergan plc, CVS Health Corporation, Walgreens Boots Alliance, Inc., and Walmart Inc. "Opioid Supply Chain Participants" also means all subsidiaries, affiliates, officers, directors employees, or agents of such entities. "Parties" means the State and the Participating Local Governments. "Participating Local Government" means a political subdivision within the geographic boundaries of the State of Minnesota that has signed this Memorandum of Agreement and has executed a release of claims by signing on to the National Settlement Agieements For the avoidance of doubt, a Local Government must sign this MOA to become a Participating Local Government." "Region" is defined in Section II.H below. "State" means the State of Minnesota by and through its Attorney General, Keith Nilson. "State Abatement Fund" is defined in Section II.13 below. II. Allocation of Settlement Proceeds A. Method of distribution Pursuant to the National Settlement Agieements and any Bankruptcy Resolutions Opioid Settlement Funds shall be distributed directly to the State and directly to Participating Local Governments in such pioportions and for such uses as set forth in this MOA provided Opioid Settlement Funds shall not be considered funds of 3 the State or any Participating Local Government unless and until such time as each distribution is made. B. Overall allocation of funds. Opioid Settlement Funds will be initially allocated as follows: (i) 25% directly to the State ("State Abatement Fund' ), and (ii) 75% directly to abatement funds established by Paiticipating Local Governments ( `Local Abatement Funds"). This initial allocation is subject to modification by Sections II.F, II.G, and II.H, below. C. Statutory change. 1. The Parties agree to work together in good faith to propose and lobby for legislation in the 2022 Minnesota legislative session to modify the distribution of the State's Opiate hpidemic Response Fund under Minnesota Statutes section 256.043, subd 3(d), so that ' 50 percent of the remaining amount' is no longer appropriated to county social services, as related to Opioid Settlement Funds that are ultimately placed into the Minnesota Opiate F pideinic Response Fund ("Legislative Modification" ),I Such efforts include, but are not limited to, providing testimony and letteis in support of the Legislative Modification. 2. It is the intent of the Parties that the Legislative Modification would affect only the county share under section 256.043, subd. 3(d), and would not impact the piovision of funds to tribal social service agencies. Fuither, it is the intent of the Parties that the Legislative Modification would relate only to disposition of Opioid Settlement Funds and is not predicated on a change to the distribution of the Board of Pharmacy fee revenue that is deposited into the Opiate Epidemic Response Fund. D. Bill Drafting Workgroup The Parties will work together to convene a Bill Drafting Workgroup to recommend draft legislation to achieve this Legislative Modification. The Workgroup will meet as often as practicable in Decembei 2021 and January 2022 until recommended language is completed. Invitations to participate in the group shall be extended to the League of Minnesota Cities, the Association of Minnesota Counties, the Coalition of Greater Minnesota Cities, state agencies, the Governor's Office, the Attorney General's Office, the Opioid N,pidemic Response Advisory Council, the Revisor's Office, and Minnesota tribal representatives. The Workgroup will host meetings with Members of the Minnesota House of Representatives and Minnesota Senate who have been involved in this matter to assist in crafting a bill draft. No payments until August 1, 2022. The Parties agree to take all steps necessary to ensure that any Opioid Settlement Funds ready for distribution directly to the State and Paiticipating Local Governments under the National Settlement Agreements or Bankruptcy Resolutions are not actually distributed to the Parties until on or after August 1, 2022, in order to allow the Parties to pursue legislative change that would take effect i It is the intent of the Parties that counties will continue to fund child protection services for children and families who are affected by addiction, in compliance with the Approved Uses in Exhibit A. 4 before the Opioid Settlement Funds are received by the Parties. Such steps may include, but are not limited to, the Attorney General's Office delaying its filing of Consent Judgments in Minnesota state court memorializing the National Settlement Agreements This provision will cease to apply upon the effective date of the Legislative Modification described above, if that date is prior to August 1, 2022 F. Effect of no statutory change by August 1, 2022 If the Legislative Modification described above does not take effect by August 1, 2022, the allocation between the Parties set forth in Section ILB shall be modified as follows: (i) 40% directly to the State Abatement Fund, and (ir) 60% to Local Abatement Funds. The Parties further agree to discuss potential amendment of this MOA if such legislation does not timely go into effect in accordance with this paragraph. G. Effect of later statutory change. If the Legislative Modification described above takes effect after August 1, 2022, the allocation between the Parties will be modified as follows: (i) 25% directly to the State Abatement Fund, and (ii) 75% to Local Abatement Funds. H. Effect of partial statutory change. If any legislative action otherwise modifies or diminishes the direct allocation of Opioid Settlement Funds to Participating Local Governments so that as a result the Participating Local Governments would receive less than 75 percent of the Opioid Settlement Funds (inclusive of amounts received by counties per statutory appropriation through the Minnesota Opiate Epidemic Response Fund), then the allocation set forth in Section II.B will be modified to ensure Participating Local Governments receive 75% of the Opioid Settlement Funds. I. Participating Local Governments receiving payments. The proportions set forth in Exhibit B provide for payments directly to. (i) all Minnesota counties; and (ir) all Minnesota cities that (a) have a population of more than 30,000, based on the United States Census Bureau s Vintage 2019 population totals, (b) have funded or otherwise managed an established health care or treatment infiastructure (e.g., health department or similar agency), or (c) have initiated litigation against AmerisourceBergen, Cardinal Health, McKesson, or Janssen as of December 3, 2021. J. Allocation of funds between Participating Local Governments. The Local Abatement Funds shall be allocated to Participating Local Governments in such proportions as set forth in Exhibit B, attached hereto and incorporated herein by reference, which is based upon the MDL Matter's Opioid Negotiation Class Mode1.2 The proportions shall not change based on population changes during the term of the MOA. However, to the extent required by the terms of the National Settlement Agreements, the proportions set forth in Exhibit B must be adjusted: (i) to provide no payment from the National Settlement Agreements to any listed county or municipality that does not participate in the National 2 More specifically, the proportions in Exhibit B were created based on Exhibit G to the National Settlement Agreements, which in turn was based on the MDL Matter's allocation criteria. Cities under 30,000 in population that had shares under the Exhibit G default allocation were removed and their shares were piopoitionally reallocated amongst the remaining subdivisions. 5 Settlement Agreements; and (ii) to provide a reduced payment from the National Settlement Agreements to any listed county or city that signs on to the National Settlement Agreements after the Initial Participation Date. K. Redistribution in certain situations. In the event a Participating Local Government merges, dissolves, or ceases to exist, the allocation percentage foi that Participating Local Government shall be redistributed equitably based on the composition of the successor Local Government. In the event an allocation to a Local Government cannot be paid to the Local Government, such unpaid allocations will be allocated to Local Abatement Funds and be distributed in such proportions as set forth in Iixhibit B. L. City may direct payments to county. Any city allocated a share may elect to have its full share or a portion of its full share of current or futuie annual distributions of settlement funds instead directed to the county or counties in which it is located, so long as that county or counties are Participating Local Governments[s]. If a city is located in more than one county, the city s funds will be directed based on the MDL Matter's Opioid Negotiation Class Model. III. Special Revenue Fund A. Creation of special revenue fund Hveiy Participating Local Government receiving Opioid Settlement Funds through direct distribution shall create a separate special revenue fund as described below that is designated for the receipt and expenditure of Opioid Settlement Funds. B. Procedures for special revenue fund. Funds in this special revenue fund shall not be commingled with any other money or funds of the Participating Local Government. The funds in the special revenue fund shall not be used for any loans or pledge of assets, unless the loan or pledge is for an Approved Use. Participating Local Governments may not assign to another entity their rights to receive payments of Opioid Settlement Funds or their responsibilities for funding decisions, except as provided in Section II.L. C. Process for drawing from special revenue funds. • 1. Opioid Settlement Funds can be used for a purpose when the Governing Body includes in its budget or passes a separate resolution authorizing the expenditure of a stated amount of Opioid Settlement Funds for that purpose or those purposes dui ing a specified period of time. 2. The budget or resolution must (i) indicate that it is an authorization for expenditures of opioid settlement funds; (u) state the specific strategy or strategies the county or city intends to fund, using the item letter and/or number in Exhibit A to identify each funded strategy, if applicable; and (iii) state the amount dedicated to each strategy for a stated period of time. D. Local government grantmaking. Participating Local Governments may make contracts with or grants to a nonprofit, charity, or other entity with Opioid Settlement Funds. . Interest earned on special revenue fund. The funds in the special revenue fund may be invested, consistent with the investment limitations for local governments, and may be placed in an interest-bearing bank account. Any interest earned on the special revenue funds must be used in a way that is consistent with this MOA. IV. Opioid Remediation Activities A. Limitation on use of funds. This MOA requires that Opioid Settlement Funds be utilized only for future opioid remediation activities, and Parties shall expend Opioid Settlement Funds only for Approved Uses and foi expenditures incurred after the effective date of this MOA, unless execution of the National Settlement Agreements requires a later date. Opioid Settlement Funds cannot be used to pay litigation costs, expenses, or attorney fees arising from the enforcement of legal claims related to the opioid epidemic, except foi the portion of Opioid Settlement Funds that comprise the Backstop Fund described in Section VI. For the avoidance of doubt, counsel foi Litigating Local Governments may recover litigation costs, expenses, or attorney fees from the common benefit, contingency fee, and cost funds established in the National Settlement Agreements, as well as the Backstop Fund described in Section VI. B. Public health departments as Chief Strategists. For Participating Local Governments that have public health departments, the public health departments shall seive as the lead agency and Chief Strategist to identify, collaborate, and respond to local issues as Local Governments decide how to leverage and disburse Opioid Settlement Funds. In their role as Chief Strategist, public health departments will convene multi -sector meetings and lead efforts that build upon local efforts like Community Health Assessments and Community Health Improvement Plans, while fostering community focused and collaborative evidence -informed approaches that prevent and address addiction across the areas of public health, human services, and public safety. Chief Strategists should consult with municipalities located within their county in the development of any Community Health Assessment, and are encouraged to collaborate with law enforcement agencies in the county where appropriate. C. Administrative expenses. Reasonable administrative costs for the State or Local Government to administer its allocation of the Opioid Settlement Funds shall not exceed actual costs, 10% of the relevant allocation of the Opioid Settlement Funds, or any administrative expense limitation imposed by the National Settlement Agreements or Bankruptcy Resolution, whichever is less. D. Regions. Two or more Participating Local Governments may at their discretion form a new group or utilize an existing group ("Region') to pool their respective shares of settlement funds and make joint spending decisions. Participating Local Governments may choose to create a Region or utilize an existing Region under a joint exercise of powers under Minn. Stat. § 471.59. 1-4 Consultation and partnerships. 1. F.ach county receiving Opioid Settlement Funds must consult annually with the municipalities in the county regarding future use of the settlement funds in the county including by holding an annual meeting with all municipalities in the county in order to receive input as to proposed uses of the Opioid Settlement Funds and to encourage collaboration between Local Governments both within and beyond the county. These meetings shall be open to the public. 2. Participating Local Governments within the same County Area have a duty to regularly consult with each other to coordinate spending priorities. 3. Participating Local Governments can form partnerships at the local level whereby Participating Local Governments dedicate a portion of their Opioid Settlement Funds to support city- or community-based work with local stakeholders and partners within the Approved Uses. F. Collaboration. The State and Participating Local Govermnents must collaborate to promote effective use of Opioid Settlement Funds, including through the sharing of expertise, training, and technical assistance. They will also coordinate with trusted partners, including community stakeholders to collect and share information about successful regional and other high -impact strategies and opioid treatment programs. V. Reporting and Compliance A. Construction of reporting and compliance provisions. Reporting and compliance requirements will be developed and mutually agreed upon by the Parties utilizing the recommendations piovided by the Advisory Panel to the Attorney General on Distribution and Allocation of Opioid Settlement Funds. B. Reporting Workgroup. The Parties will work together to establish a Reporting Workgroup that includes representatives of the Attorney General's Office, state stalceholders, and city and county representatives, who will meet on a regular basis to develop reporting and compliance recommendations. The Reporting Woikgroup must produce a set of reporting and compliance measui es by June 1, 2022. Such reporting and compliance measures will be effective once approved by representatives of the Attorney General's Office, the Governor s Office, the Association of Minnesota Counties and the League of Minnesota Cities that are on the Workgroup. C. Application of Reporting Addendum and State Law. The requirements of the Reporting and Compliance Addendum agreed to by the Minnesota Covet nor' s Office the Minnesota Attorney General's Office, the Association of Minnesota Counties, the League of Minnesota Cities, and members of the Minnesota Opioid Epidemic Response Advisory 8 Council, as well as the requirements of Minnesota Statutes section 256.042, subdivision 5(d), apply to Local Governments receiving Opioid Settlement Funds under National Settlement Agreements and Bankruptcy Resolutions within the scope of this MOA. VI. Backstop Fund A. National Attorney Fee Fund. When the National Settlement Agreements provide for the payment of all or a portion of the attorney fees and costs owed by Litigating Local Governments to private attorneys specifically retained to file suit in the opioid litigation ("National Attorney Fee Fund"), the Parties acknowledge that the National Settlement Agreements may provide for a portion of the attorney fees of Litigating Local Governments. B. Backstop Fund and Waiver of Contingency Fee. The Parties agree that the Participating Local Governments will create a supplemental attorney fees fund (the `Backstop Fund") to be used to compensate private attorneys ( `Counsel") for Local Governments that filed opioid lawsuits on or before December 3, 2021 (` Litigating Local Governments' ). By order3 dated August 6, 2021, Judge Polster capped all applicable contingent fee agreements at 15%. Judge Polster's 15% cap does not limit fees from the National Attorney Fee Fund or from any state backstop fund for attorney fees, but private attorneys for local governments must waive their contingent fee agreements to receive payment from the National Attorney Fee Fund. Judge Polster recognized that a state backstop fund can be designed to incentivize private attorneys to waive their right to enforce contingent fee agreements and instead apply to the National Attorney Fee Fund, with the goals of achieving greater subdivision participation and higher ultimate payouts to both states and local governments. Accordingly, in order to seek payment from the Backstop Fund, Counsel must agree to waive their contingency fee agreements relating to these National Settlement Agreements and first apply to the National Attorney Fee Fund. C. Backstop Fund Source. The Backstop Fund will be funded by seven percent (7%) of the share of each payment made to the Local Abatement Funds from the National Settlement Agieements (annual or otherwise), based upon the initial allocation of 25% directly to the State Abatement Fund and 75% directly to Local Abatement Funds and will not include payments resulting from the Purdue, Mallinckrodt, or Nndo Bankruptcies In the event that the initial allocation is modified pursuant to Section II.F above, then the Backstop Fund will be funded by 8.75% of the share of each payment made to the Local Abatement Funds from the National Settlement Agreements (annual or otherwise), based upon the modified allocation of 40% directly to the State Abatement Fund and 60% directly to the Local Abatement Funds, and will not include payments resulting from the Purdue, Mallmcicr•odt, 01 Findo Banluuptcies In the event that the allocation is modified pursuant to Section II.G 01 Section II H. above, back to an allocation of 25% directly to the State Abatement Fund and 75% directly to Local Abatement Funds, then the Backstop Fund will be funded by 7% of the share of each payment made to the Local Abatement Funds from the National 3 Order, In re: Nat'l Prescription Opiate Litig., Case No. 17 -MD -02804, Doc. No. 3814 (Iy D Ohio August 6, 2021). 9 Settlement Agreements (annual or otherwise), and will not include payments resulting from the Purdue, Mallinclaodt, or hendo Bankruptcies. D. Backstop Fund Payment Cap. Any attorney fees paid from the Backstop Fund, together with any compensation received from the National Settlement Agreements' Contingency Fee Fund, shall not exceed 15% of the total gloss recovery of the Litigating Local Governments' share of funds from the National Settlement Agreements. To avoid doubt in no instance will Counsel receive more than 15% of the amount paid to their respective Litigating Local Government client(s) when taking into account what private attorneys receive from both the Backstop Fund and any fees received from the National Settlement Agreements' Contingency Fee Fund. } . Requirements to Seek Payment from Backstop Fund. A private attorney may seek payment from the Backstop Fund in the event that funds received by Counsel from the National Settlement Agreements' Contingency Fee Fund are insufficient to cover the amount that would be due to Counsel under any contingency fee agreement with a Litigating Local Government based on any recovery Litigating Local Governments receive from the National Settlement Agreements. Befoie seeking any payment from the Backstop Fund, private attorneys must certify that they first sought fees from the National Settlement Agreements' Contingency Fee Fund, and must certify that they agreed to accept the maximum fees payments awarded to them. Nothing in this Section, or in the terms of this Agreement, shall be construed as a waiver of fees, contractual or otherwise, with respect to fees that may be recovered under a contingency fee agreement or otherwise from other past or future settlements, verdicts, or recoveries related to the opioid litigation. F. Special Master. A special master will administer the Backstop Fund, including overseeing any distribution, evaluating the requests of Counsel for payment, and determining the appropriate amount of any payment from the Backstop Fund The special master will be selected jointly by the Minnesota Attorney General and the Hennepin County Attorney, and will be one of the following individuals: Hon. Jeffrey Keyes, Hon. David Lillehaug; or Hon. Jack Van de North. The special master will be compensated from the Backstop Fund. In the event that a successoi special master is needed, the Minnesota Attorney General and the Hennepin County Attorney will jointly select the successor special master from the above -listed individuals. If none of the above -listed individuals is available to serve as the successor special master, then the Minnesota Attorney General and the Hennepin County Attorney will jointly select a successoi special master from a list of individuals that is agreed upon between the Minnesota Attorney General, the Hennepin County Attorney, and Counsel. G. Special Master Determinations. The special master will determine the amount and timing of any payment to Counsel from the Backstop Fund. The special master shall make one determination regarding payment of attorney fees to Counsel which will apply through the term of the recovery from the National Settlement Agreements In making such determinations, the special master shall consider the amounts that have been or will be received by the private attorney's firm from the National Settlement Agreements' Contingency Fee Fund relating to Litigating Local Governments; the contingency fee contracts; the dollar amount of recovery for Counsel's respective clients who are Litigating 10 Local Governments; the Backstop Fund Payment Cap above; the complexity of the legal issues involved in the opioid litigation; work done to directly benefit the Local Governments within the State of Minnesota; and the principles set forth in the Minnesota Rules of Professional Conduct, including the reasonable and contingency fee principles of Rule 1.5. In the interest of transparency, Counsel shall provide information in their initial fee application about the total amount of fees that Counsel have received or will receive from the National Attorney Fee Fund related to the Litigating Local Governments. H. Special Master Proceedings. Counsel seeking payment from the Bacicstop Fund may also provide written submissions to the special master, which may include declarations fiom counsel, summaries relating to the factors described above, and/oi attestation regarding total payments awarded or anticipated fiom the National Settlement Agreements' Contingency Fee Fund. Private attorneys shall not be requited to disclose work product proprietary 01 confidential information, including but not limited to detailed billing or lodestar records. To the extent that counsel rely upon written submissions to support their application to the special master, the special master will incorporate said submission or summary into the record. Any proceedings before the special master and documents filed with the special master shall be public, and the special master's determinations regarding any payment from the Bacicstop Funds shall be transparent, public, final, and not appealable. I. Distribution of Any Fxcess Funds. To the extent the special master determines that the Backstop Fund exceeds the amount necessary for payment to Counsel, the special master shall distribute any excess amount to Participating Local Governments according to the percentages set forth in Exhibit B. J. Term. The Backstop Fund will be administered for (a) the length of the National Litigation Settlement Agreements' payments* or (b) until all Counsel for Litigating Local Governments have either (i) received payments equal to the Backstop Fund Payment Cap above or (ii) received the full amount determined by the special master; whichever occurs first. K. No State Funds Toward Attorney Fees. For the avoidance of doubt, no portion of the State Abatement Fund will be used to fund the Bacicstop Fund or in any other way to fund any Litigating Local Government's attorney fees and expenses. Any funds that the State receives from the National Settlement Agreements as attorney fees and costs or in lieu of attorney fees and costs, including the Additional Restitution Amounts will be treated as State Abatement Funds. VII. General Terms A. Scope of agreement. 1. This MOA applies to the National Settlement Agreements and the Bankruptcy Resolutions.4 2. This MOA will also apply to future National Settlement Agreements and Bankruptcy Resolutions with Opioid Supply Chain Participants that include structural or payment provisions requiting 01 anticipating the participation of both the State and its political subdivisions, and allows for the allocation between the State and its political subdivisions to be set through a state -specific agieement. 3. The Parties acknowledge that this MOA does not excuse any requirements placed upon them by the terms of the National Settlement Agreements or any Bankruptcy Resolution, except to the extent those terms allow for a State -Subdivision Agreement to do so. B. When MOA takes effect. 1. This MOA shall become effective at the time a sufficient number of Local Governments have joined the MOA to qualify this MOA as a State -Subdivision Agreement under the National Settlement Agreements or as a Statewide Abatement Agreement under any Bankruptcy Resolution. If this MOA does not thereby qualify as a State -Subdivision Agreement 01 Statewide Abatement Agreement, this MOA will have no effect. 2. The Parties may conditionally agree to sign on to the MOA through a letter of intent, resolution, or similar written statement, declaration, or pionouncement declaring theft intent to sign on to the MOA if the threshold for Party participation in a specific Settlement is achieved. C. Dispute resolution. 1. If any Party believes another Party has violated the terms of this MOA the alleging Party may seek to enforce the terms of this MOA in Ramsey County District Court, provided the alleging Party first provides notice to the alleged offending Party of the alleged violation and a reasonable opportunity to cure the alleged violation. 2. If a Paity believes another Party, Region or individual involved in the receipt, distribution, or administration of Opioid Settlement Funds has violated any 4 For the avoidance of doubt, this includes settlements reached with AmerisouiceBergen, Cardinal Health, McKesson, Janssen, Teva Pharmaceuticals, Allergan plc, CVS Health Corporation, Walgreens Boots Alliance Inc., and Walmart Inc., and Bankruptcy Resolutions involving Purdue Pharma L.P., Mallinckrodt plc, and Indo International plc. 12 applicable ethics codes or rules, a complaint shall be lodged with the appropriate forum for handling such matters. 3. If a Party believes another Party, Region, or individual involved in the receipt, distribution, or administration of Opioid Settlement Funds violated any Minnesota criminal law, such conduct shall be reported to the appropriate criminal authorities. D. Amendments The Parties agree to make such amendments as necessary to implement the intent of this MOA. } . Applicable law and venue. Unless otherwise required by the National Settlement Agreements or a Bankruptcy Resolution, this MOA, including any issues related to interpretation or enforcement, is governed by the laws of the State of Minnesota. Any action related to the provisions of this MOA must be adjudicated by the Ramsey County District Court. If any provision of this MOA is held invalid by any court of competent jurisdiction, this invalidity does not affect any other provision which can be given effect without the invalid provision. F. Relationship of this MOA to other agreements and resolutions. All Parties acknowledge and agree that the National Settlement Agieements will require a Participating Local Government to release all its claims as provided in the National Settlement Agreements to receive direct allocation of Opioid Settlement Funds. All Parties further acknowledge and agree that based on the terms of the National Settlement Agreements a Participating Local Government may receive funds through this MOA only after complying with all requirements set forth in the National Settlement Agreements to release its claims. This MOA is not a promise from any Party that any National Settlement Agieements or Banluuptcy Resolution will be finalized or executed. G. When MOA is no longer in effect. This MOA is effective until one year after the last date on which any Opioid Settlement Funds are being spent by the Parties pursuant to the National Settlement Agreements and any Bankruptcy Resolution. H. No waiver for failure to exercise. The failure of a Party to exercise any rights under this MOA will not be deemed to be a waiver of any right 01 any future rights. I. No effect on authority of Parties. Nothing in this MOA should be construed to limit the power or authority of the State of Minnesota, the Attorney General, or the Local Governments except as expressly set forth herein. J. Signing and execution. This MOA may be executed in counterparts, each of which constitutes an original, and all of which constitute one and the same agreement. This MOA may be executed by facsimile or electronic copy in any image format. Fach Party represents that all procedures necessary to authorize such Party s execution of this MOA have been performed and that the person signing for such Party has been authorized to execute the MOA in an official capacity that binds the Party. 13 This Amended Minnesota Opioids State -Subdivision Memorandum of Agreement is signed this 14th day of March, 2023 by: Name and Title: Mary Gaasch, Mayor On behalf of City of Lauderdale EXHIBIT A List of Opioid Remediation Uses Settlement fund recipients shall choose from among abatement strategies, including but not limited to those listed in this Exhibit. The programs and strategies listed in this Exhibit are not exclusive, and fund recipients shall have flexibility to modify their abatement approach as needed and as new uses are discovered. PART ONE,: TREATMENT A. TREAT OPIOID USE DISORDER (OUD' Support treatment of Opioid Use Disorder ("OUD") and any co-occurring Substance Use Disorder or Mental Health ("SUD/MH") conditions through evidence -based or evidence - informed programs or strategies that may include, but are not limited to, those that:6 1. Expand availability of treatment for OUD and any co-occurring SUD/MH conditions, including all forms of Medication for Opioid Use Disoider ("MOUD" )7 approved by the U.S. Food and Drug Administration, including by making capital expenditures to purchase, rehabilitate, or expand facilities that offer treatment. 2. Support and ieimburse evidence -based services that adhere to the American Society of Addiction Medicine (` ASA.M') continuum of care for OUD and any co- occurring SUD/MH conditions. 3. hxpand telehealth to increase access to treatment for OUD and any co-occurring SUD/MH conditions, including MOUD, as well as counseling psychiatric support, and other treatment and recovery support services. 5 Use of the terms "evidence -based," "evidence -informed,' or "best practices" shall not limit the ability of recipients to fund innovative services or those built on culturally specific needs. Rather, recipients are encouraged to support culturally appropriate services and programs for persons with OUD and any co-occurring SUD/MH conditions. 6 As used in this Exhibit, words like "expand," "fund," "provide" or the like shall not indicate a preference for new or existing programs. 7 Historically pharmacological treatment for opioid use disorder was referred to as ' Medication - Assisted Treatment" ( `MAT"). It has recently been determined that the better term is `Medication for Opioid Use Disorder' (` MOUD"). This Pxhibit will use "MOUD" going forward. Use of the term MOUD is not intended to and shall in no way limit abatement programs or strategies now or into the future as new strategies and terminology evolve. 1 4. Improve oversight of Opioid Treatment Programs ("OTPs") to assure evidence - based or evidence -informed practices such as adequate methadone dosing and low threshold approaches to treatment. 5. Support mobile intervention, treatment, and recovery services, offered by qualified professionals and service providers, such as peer recovery coaches, for persons with OUD and any co-occurring SUD/MH conditions and for persons who have expei ienced an opioid overdose. 6. Provide treatment of trauma for individuals with OUD (e.g., violence, sexual assault, human trafficking, 01 adverse childhood experiences) and family members (e.g., surviving family members after an overdose or overdose fatality), and training of health care personnel to identify and address such trauma. 7. Support detoxification (detox) and withdrawal management services for people with OUD and any co-occurring SUD/MH conditions, including but not limited to medical detox referral to treatment, or connections to other services or supports. 8. Provide training on MOUD for health care providers, first responders, students, or other supporting professionals, such as peel recovery coaches or recovery outreach specialists, including telementoring to assist community-based providers in rural or underserved areas. 9. Support workforce development for addiction professionals who work with persons with OUD and any co-occurring SUD/MH or mental health conditions. 10. Offer fellowships for addiction medicine specialists for direct patient care, instructors, and clinical research foi treatments. 11. Offer scholaiships and supports for certified addiction counselors, licensed alcohol and drug counselors, hcensed clinical social workers, licensed mental health counselors, and other mental and behavioral health practitioners or workers, including peer recovery coaches, peer recovery supports, and treatment coordinators, involved in addressing OUD and any co-occurring SUD/MH or mental health conditions, including, but not limited to, training, scholaiships, fellowships loan repayment programs, continuing education, licensing fees, or other incentives for providers to work in rural or underserved areas. 12. Provide funding and training for clinicians to obtain a waiver under the federal Drug Addiction Treatment Act of 2000 ("DATA 2000") to prescribe MOUD for OUD, and provide technical assistance and professional support to clinicians who have obtained a DATA 2000 waiver. 13. Dissemination of web -based training curricula, such as the American Academy of Addiction Psychiatry's Provider Clinical Support Service—Opioids web -based training curriculum and motivational interviewing. 14. Develop and disseminate new curricula, such as the American Academy of Addiction Psychiatry's Provider Clinical Support Service for Medication— Assisted Treatment. B. SUPPORT PEOPLE IN TREATMENT AND RECOVERY Support people in recovery from OUD and any co-occurring SUD/MH conditions through evidence -based or evidence -informed programs or strategies that may include, but are not limited to, the programs or strategies that: 1. Provide comprehensive wrap-around services to individuals with OUD and any co-occurring SUD/MH conditions, including housing, transportation, education, job placement, job training, or childcare. 2. Provide the full continuum of care of treatment and recovery services for OUD and any co-occurring SUD/MH conditions, including supportive housing, peer support services and counseling, community navigators, case management, and connections to community-based services. 3. Provide counseling, peer -support, recovery case management and residential treatment with access to medications for those who need it to persons with OUD and any co-occurring SUD/MH conditions. 4. Provide access to housing for people with OUD and any co-occurring SUD/MH conditions, including supportive housing, recovery housing, housing assistance programs, training for housing providers, or recovery housing programs that allow or integrate FDA -approved medication with other support services. 5. Provide community support services, including social and legal services, to assist m deinstitutionalizing persons with OUD and any co-occurring SUD/MH conditions. 6. Support or expand peer -recovery centers, which may include support groups, social events, computer access, or other services for persons with OUD and any co-occurring SUD/MH conditions. 7. Provide or support transportation to treatment 01 recovery programs or services for persons with OUD and any co-occurring SUD/MH conditions. 8. Provide employment training or educational services for persons in treatment for or recovery from OUD and any co-occurring SUD/MH conditions. 9. Identify successful recovery programs such as physician, pilot, and college recovery programs, and provide support and technical assistance to increase the number and capacity of high-quality programs to help those in recovery. 3 10. tingage non -profits, faith -based connnunities, and community coalitions to support people in treatment and recovery and to support family members in their efforts to support the person with OUD in the family. 11. Provide training and development of procedures for government staff to appropriately interact and provide social and other services to individuals with or in recovery from OUD, including reducing stigma. 12. Support stigma reduction efforts regarding treatment and support for persons with OUD, including reducing the stigma on effective treatment. 13. Create or support culturally appropriate services and programs for persons with OUD and any co-occurring SUD/MH conditions, including but not limited to new Americans, African Americans, and American Indians. 14. Create and/or support recovery high schools. 15. Hire or train behavioral health workers to provide or expand any of the services or supports listed above. C. CONNECT PEOPLE WHO NEED HELP TO THE HELP THEY NEED (CONNECTIONS TO CARE) Provide connections to care foi people who have—or are at risk of developing OUD and any co-occurring SUD/MH conditions through evidence -based or evidence-infoimed programs or strategies that may include, but are not limited to, those that: 1. Hnsure that health care providers are screening for OUD and other risk factors and know how to appropriately counsel and treat (oi refer if necessary) a patient for OUD treatment. 2. Fund Screening, Brief Intervention and Referral to Treatment ("SBIRT") programs to reduce the transition from use to disorders, including SHIRT services to pregnant women who are uninsured or not eligible for Medicaid. 3. Provide training and long-term implementation of SBIRT in key systems (health, schools, colleges, criminal justice, and probation), with a focus on youth and young adults when transition from misuse to opioid disorder is common. 4. Purchase automated versions of SHIRT and support ongoing costs of the technology. 5. Nxpand services such as navigators and on-call teams to begin MOUD in hospital emergency departments. 6. Provide training for emergency room personnel treating opioid overdose patients on post -discharge planning, including community referrals for MOUD, recovery case management or support services. 4 7. Support hospital programs that transition persons with OUD and any co-occurring SUD/MH conditions, or persons who have experienced an opioid overdose, into clinically appropriate follow-up care through a bridge clinic or similar approach. 8. Support crisis stabilization centers that serve as an alternative to hospital emergency departments for persons with OUD and any co-occurring SUD/MH conditions or persons that have experienced an opioid overdose. 9. Support the work of Emergency Medical Systems, including peer support specialists, to connect individuals to treatment or other appropriate services following an opioid overdose or other opioid -related adverse event. 10. Provide funding for peer support specialists or recovery coaches in emergency departments detox facilities, recovery centers, recovery housing, or similar settings; offer services, supports, or connections to care to persons with OUD and any co-occurring SUD/MH conditions or to persons who have experienced an opioid overdose. 11. Expand warm hand-off services to transition to recovery services. 12. Create 01 support school-based contacts that parents can engage with to seek immediate treatment services for their child; and support prevention, intervention, treatment, and recovery programs focused on young people. 13. Develop and support best practices on addressing OUD in the workplace. 14. Support assistance programs for health care providers with OUD. 15. ngage non -profits and the faith community as a system to support outreach for treatment. 16. Support centralized call centers that provide information and connections to appropriate services and supports for persons with OUD and any co-occurring SI 1D/MH conditions. D. ADDRESS THE NEEDS OF CRIMINAL JUSTICE -INVOLVED PERSONS Address the needs of persons with OUD and any co-occurring SUD/MH conditions who are involved in, are at risk of becoming involved in, or are transitioning out of the criminal justice system through evidence -based or evidence -informed programs or strategies that may include, but are not limited to, those that: 1. Support pre -arrest or pre -arraignment diversion and deflection strategies for persons with OUD and any co-occurring SUD/MH conditions, including established strategies such as: 1. Self -referral strategies such as the Angel Programs or the Police Assisted Addiction Recovery Initiative ("PAARI") 5 2. Active outreach strategies such as the Drug Abuse Response Team ("DART') model; 3. "Naloxone Plus" strategies, which work to ensure that individuals who have received naloxone to reverse the effects of an overdose are then linked to treatment programs or other appropriate services; 4. Officer prevention strategies, such as the Law hnforcement Assisted Diversion ("LEAD") model; 5. Officer intervention strategies such as the Leon County, Florida Adult Civil Citation Network or the Chicago Westside Narcotics Diversion to Treatment Initiative; or 6. Co -responder and/or alternative responder models to address OUD-related 911 calls with greater SUD expertise. 2. Support pre-trial services that connect individuals with OUD and any co- occurring SUD/MH conditions to evidence -informed treatment, including MOUD, and related services. 3. Support treatment and recovery courts that provide evidence -based options for persons with OUD and any co-occurring SUD/MH conditions. 4. Provide evidence -informed treatment, including MOUD, recovery support, harm reduction, or other appropriate services to individuals with OUD and any co- occurring SUD/MH conditions who are incarcerated in jail or prison. 5. Provide evidence -informed treatment, including MOUD, recovery support, harm reduction, 01 other appropriate services to individuals with OUD and any co- occurring SUD/MH conditions who are leaving jail or prison or have recently left jail or prison, are on probation or parole are under community corrections supervision, or are in re-entry programs or facilities. 6. Support critical time interventions ("CTP'), particularly for individuals living with dual -diagnosis OUD/serious mental illness, and services for individuals who face immediate risks and service needs and risks upon release from correctional settings. 7. Provide training on best practices for addressing the needs of criminal justice - involved persons with OUD and any co-occurring SUD/MH conditions to law enforcement, correctional, or judicial personnel or to providers of treatment, recovery, harm reduction, case management, or other services offered in connection with any of the strategies described in this section. E. ADDRESS THE NEEDS OF THE PERINATAL POPULATION, CAREGIVERS, AND FAMILIES, INCLUDING BABIES WITH NEONATAL OPIOID WITHDRAWAL SYNDROME. Address the needs of the perinatal population and caregivers with OUD and any co- occurring SUD/MH conditions, and the needs of their families, including babies with neonatal opioid withdrawal syndrome ("NOT'VS' ), through evidence -based or evidence - informed programs or strategies that may include, but are not limited to, those that: 1. Support evidence -based or evidence -informed treatment, including MOUD, recovery services and supports and prevention services for the perinatal population or individuals who could become pregnant—who have OUD and any co-occurring SUD/MH conditions, and other measures to educate and provide support to caregivers and families affected by Neonatal Opioid Withdrawal Syndrome. 2. Kxpand comprehensive evidence -based treatment and recovery services, including MOUD, for uninsured individuals with OUD and any co-occurring SUD/MH conditions for up to 12 months postpartum. 3. Provide training for obstetricians or other healthcare personnel who work with the perinatal population and their families regarding treatment of OUD and any co- occurring SUD/MH conditions. 4. FK,xpand comprehensive evidence -based treatment and recovery support for NOWS babies; expand services for better continuum of care with infant -caregiver dyad; and expand long-term treatment and services for medical monitoring of NOWS babies and their caregivers and families. 5. Provide training to health care providers who work with the perinatal population and caregivers on best practices for compliance with federal requirements that children born with NOWS get referred to appropriate services and receive a plan of safe care. 6. Provide child and family supports for caregivers with OUD and any co-occurring SUD/MH conditions, emphasizing the desire to keep families together. 7. Provide enhanced support for children and family members suffering trauma as a result of addiction in the family; and offer trauma -informed behavioral health treatment for adverse childhood events. 8. Offer home-based wrap-around services to persons with OUD and any co- occurring SUD/MH conditions including, but not limited to, parent skills training. 9. Provide support for Children's Services Fund additional positions and services, including supportive housing and other residential services, relating to children 7 being removed from the home and/or placed in foster care due to custodial opioid use. PART TWO: PREVF,NTI01\ F. PREVENT OVER -PRESCRIBING AND ENSURE APPROPRIATE PRESCRIBING AND DISPENSING OF OPIOIDS Support efforts to prevent over -prescribing and ensure appropriate prescribing and dispensing of opioids through evidence -based or evidence -informed programs or strategies that may include, but are not limited to, the following: 1. Funding medical provider education and out each regarding best prescribing practices for opioids consistent with the Guidelines for Prescribing Opioids for Chronic Pain from the U.S. Centers for Disease Control and Pievention, including providers at hospitals (academic detailing). 2. Training for health care providers regarding safe and responsible opioid prescribing, dosing, and tapering patients off opioids. 3. Continuing Medical hducation (CME) on appropriate prescribing of opioids. 4. Providing Support for non -opioid pain treatment alternatives including training providers to offer or refer to multi -modal, evidence -informed treatment of pain. 5. Supporting enhancements or improvements to Prescription Drug Monitoring Programs ("PDMPs"), including, but not limited to, improvements that: 1. Increase the number of prescribers using PDMPs; 2. Improve point -of -care decision -malting by increasing the quantity, quality, or format of data available to prescribers using PDMPs, by improving the interface that prescribers use to access PDMP data or both; or 3. Friable states to use PDMP data in support of surveillance or intervention strategies, including MOUD referrals and follow-up for individuals identified within PDMP data as likely to experience MID in a manner that complies with all relevant privacy and security laws and rules. 6. hnsuring PDMPs incorporate available overdose/naloxone deployment data, including the United States Department of Tiansportation's Emergency Medical Technician overdose database m a manner that complies with all relevant privacy and security laws and rules. 7. Increasing electronic prescribing to prevent diversion or forgery. 8. b ducating dispensers on appropriate opioid dispensing. 8 G. PREVENT MISUSE OF OPIOIDS Support efforts to discourage or prevent misuse of opioids through evidence -based or evidence -informed programs or strategies that may include, but are not limited to, the following: 1. Funding media campaigns to prevent opioid misuse, including but not limited to focusing on tisk factors and early interventions. 2. Corrective advertising or affirmative public education campaigns based on evidence. 3. Public education relating to drug disposal. 4. Drug take -back disposal or destruction programs. 5. Funding community anti-drug coalitions that engage in drug prevention efforts. 6. Supporting community coalitions in implementing evidence -informed prevention, such as reduced social access and physical access stigma seduction including staffing, educational campaigns, support for people in ti eatment or recovery, or training of coalitions in evidence -informed implementation, including the Strategic Prevention Framework developed by the U.S. Substance Abuse and Mental Health Services Admimstiation ("SAMHSA"). 7. hngaging non -profits and faith -based communities as systems to support prevention. 8. Funding evidence -based prevention programs in schools or evidence -informed school and community education programs and campaigns for students, families, school employees, school athletic programs, parent -teacher and student associations, and others. 9. School-based or youth -focused programs 01 strategies that have demonstrated effectiveness in preventing drug misuse and seem likely to be effective in preventing the uptake and use of opioids. 10. Create or support community-based education or intervention services for families, youth, and adolescents at i isk for OUD and any co-occurring SUD/MH conditions. 11. Support evidence -informed programs or curricula to address mental health needs of young people who may be at risk of misusing opioids or other drugs, including emotional modulation and resilience skills. 12. Support greater access to mental health services and supports for young people, including services and supports provided by school nurses, behavioral health 9 workers or other school staff, to address mental health needs in young people that (when not properly addressed) increase the risk of opioid or another drug misuse. H. PREVENT OVERDOSE DEATHS AND OTHER HARMS (HARM REDUCTION) Support efforts to prevent or reduce overdose deaths or other opioid -related harms through evidence -based or evidence -informed programs or strategies that may include, but are not limited to, the following: 1. Increased availability and distribution of naloxone and other drugs that treat overdoses for first responders, overdose patients, individuals with OUD and their friends and family members, schools, community navigators and outreach workers, persons being released from Jail or prison, or other members of the general public. 2. Public health entities providing free naloxone to anyone in the community. 3. Training and education regarding naloxone and other drugs that treat overdoses for first responders, overdose patients, patients taking opioids, families, schools, community support groups, and other members of the general public. 4. Pnablmg school nurses and other school staff to respond to opioid overdoses, and provide them with naloxone, training, and support. 5. Nxpanding, improving, or developing data tracking software and applications for overdoses/naloxone revivals. 6. Public education relating to emergency responses to overdoses. 7 Public education relating to immunity and Good Samaritan laws. 8. Ft,ducating first responders regarding the existence and operation of immunity and Good Samaritan laws. 9. Syringe service programs and other evidence -informed programs to reduce harms associated with intravenous drug use, including supplies, staffing, space, peer support services, ieferrals to treatment, fentanyl checking, connections to care, and the full range of harm reduction and treatment services provided by these programs. 10. Nxpanding access to testing and treatment for infectious diseases such as HIV and Hepatitis C resulting from intravenous opioid use. 11. Supporting mobile units that offer or provide ieferrals to harm reduction services, treatment recovery supports, health care, or other appropriate services to persons that use opioids or persons with OUD and any co-occurring SUD/MH conditions. 10 12. Providing training in harm reduction strategies to health care providers, students, peer recovery coaches, recovery outreach specialists, or other professionals that provide care to persons who use opioids or persons with OUD and any co- occurring SUD/MH conditions. 13. Supporting screening for fentanyl in routine clinical toxicology testing. PART THREP • OTHIiR STRATKGILS I. FIRST RESPONDERS In addition to items in section C, D and H relating to first responders, support the following: 1. Law enforcement expenditures related to the opioid epidemic. 2. Education of law enforcement or other first responders regarding appropriate practices and precautions when dealing with fentanyl or other drugs 3. Provision of wellness and support services for first responders and others who experience secondary trauma associated with opioid -related emergency events. J. LEADERSHIP, PLANNING AND COORDINATION Support efforts to provide leadership, planning, coordination, facilitations, training and technical assistance to abate the opioid epidemic through activities, programs, or strategies that may include, but are not limited to, the following: 1. Statewide, regional, local or community regional planning to identify root causes of addiction and overdose, goals for reducing harms related to the opioid epidemic, and areas and populations with the greatest needs for treatment intervention services, and to support training and technical assistance and other strategies to abate the opioid epidemic described in this opioid abatement strategy list. 2. A dashboard to (a) share reports, recommendations, or plans to spend opioid settlement funds; (b) to show how opioid settlement funds have been spent; (c) to report program or strategy outcomes; or (d) to track, shale or visualize key opioid - or health-related indicators and supports as identified through collaborative statewide, regional, local or community processes. 3. Invest in infrastructure or staffing at government or not-for-profit agencies to support collaborative, cross -system coordination with the purpose of preventing overprescribing, opioid misuse, or opioid overdoses, treating those with OUD and any co-occurring SUD/MH conditions, supporting them in treatment or recovery, connecting them to care, or implementing other strategies to abate the opioid epidemic described in this opioid abatement strategy list. 11 4. Provide resources to staff government oversight and management of opioid abatement programs. 5. Support multidisciplinary collaborative approaches consisting of, but not limited to, public health, public safety, behavioral health, harm reduction, and others at the state, regional, local, nonprofit, and community level to maximize collective impact. K. TRAINING In addition to the training refereed to throughout this document, support training to abate the opioid epidemic through activities, programs, or strategies that may include, but are not limited to, those that: 1. Provide funding for staff training or networking programs and services to improve the capability of government, community, and not-for-profit entities to abate the opioid crisis. 2. Suppoit infrastructure and staffing for collaborative cross -system coordination to prevent opioid misuse, prevent overdoses, and tieat those with OUD and any co- occurring SUD/MH conditions, or implement other strategies to abate the opioid epidemic described in this opioid abatement strategy list (e.g., health care, primary care, pharmacies, PDMPs, etc.). L. RESEARCH Support opioid abatement research that may include, but is not limited to, the following: 1. Monitoring, surveillance, data collection and evaluation of programs and strategies described in this opioid abatement strategy list. 2. Research non -opioid treatment of chronic pain. 3. Research on improved service delivery for modalities such as SBIRT that demonstrate promising but mixed results in populations vulnerable to opioid use disorders. 4. Research on novel haim reduction and prevention efforts such as the provision of fentanyl test strips. 5. Research on innovative supply-side enforcement efforts such as improved detection of mail -based delivery of synthetic opioids. 6. Expanded research on swift/certain/fair models to reduce and deter opioid misuse within criminal justice populations that build upon promising approaches used to address other substances (e.g., Hawaii HOPII and Dakota 24/7). 12 7. F pidemiological surveillance of OUD-related behaviors in critical populations, including individuals entering the ciiminal justice system, including, but not limited to approaches modeled on the Arrestee Drug Abuse Monitoring ("ADAM') system. 8. Qualitative and quantitative research regarding public health risks and harm reduction opportunities within illicit drug markets, including surveys of market participants who sell or distribute illicit opioids. 9. Geospatial analysis of access barriers to MOUD and their association with treatment engagement and treatment outcomes. M. POST-MORTEM 1. Toxicology tests for the range of opioids, including synthetic opioids, seen in overdose deaths as well as newly evolving synthetic opioids infiltrating the drug supply. 2. Toxicology method development and method validation for the range of synthetic opioids observed now and in the future, including the cost of installation, maintenance, repairs and training of capital equipment. 3. Autopsies in cases of overdose deaths resulting from opioids and synthetic opioids. 4. Additional storage space/facilities for bodies directly related to opioid or synthetic opioid related deaths. 5. Comprehensive death investigations for individuals where a death is caused by or suspected to have been caused by an opioid or synthetic opioid overdose, whether intentional or accidental (overdose fatality reviews). 6. Indigent burial for unclaimed remains resulting from overdose deaths. 7. Navigation -to -care services for individuals with opioid use disorder who are encountered by the medical examiner's office as either family and/or social network members of decedents dying of opioid overdose. 8. Fprdemiologic data management and reporting to public health and public safety stakeholders regarding opioid overdose fatalities. 13 EXHIBIT B Local Abatement Funds Allocation Subdivision Allocation Percentage AITKIN COUNTY 0.5760578506020% Andover city 0.1364919450741% ANOKA COUNTY 5.0386504680954% Apple Valley city 0.2990817344560% BECKER COUNTY 0.6619330684437% BELTRAMI COUNTY 0.7640787092763% BENTON COUNTY 0.6440948102319% BIG STONE COUNTY 0.1194868774775% Blaine city 0.4249516912759% Bloomington city 0.4900195550092% BLUE EARTH COUNTY 0.6635420704652% Brooklyn Center city 0.1413853902225% Brooklyn Park city 0.2804136234778% BROWN COUNTY 0.3325325415732% Burnsville city 0.5135361296508% CARLTON COUNTY 0.9839591749060% CARVER COUNTY 1.1452829659572% CASS COUNTY 0.8895681513437% CHIPPEWA COUNTY 0.2092611794436% CHISAGO COUNTY 0.9950193750117% CLAY COUNTY 0.9428475281726% CLEARWATER COUNTY 0.1858592042741% COOK COUNTY 0.1074594959729% Coon Rapids city 0.5772642444915% Cottage Grove city 0.2810994719143% COTTONWOOD COUNTY 0.1739065270025% CROW WING COUNTY 1.1394859174804% DAKOTA COUNTY 4.4207140602835% DODGE COUNTY 0.2213963257778% DOUGLAS COUNTY 0.6021779472345% Duluth city 1.1502115379896% Eagan city 0.3657951576014% Eden Prairie city 0.2552171572659% Edina city 0.1973054822135% FARIBAU LT COUNTY 0.2169409335358% FILLMORE COUNTY 0.2329591105316% FREEBORN COUNTY 0.3507169823793% GOODHUE COUNTY 0.5616542387089% Subdivision Allocation Percentage GRANT COUNTY 0.0764556498477 HENNEPIN COUNTY 19.0624622261821% HOUSTON COUNTY 0.3099019273452% HUBBARD COUNTY 0.4582368775192 Inver Grove Heights city 0.2193400520297 ISANTI COUNTY 0.7712992707537% ITASCA COUNTY 1.1406408131328% JACKSON COUNTY 0.1408950443531% KANABEC COUNTY 0.3078966749987% KANDIYOHI COUNTY 0.1581167542252% KITTSON COUNTY 0.0812834506382 KOOCHICHING COUNTY 0.2612581865885% LAC QUI PARLE COUNTY 0.0985665133485 LAKE COUNTY 0.1827750320696 LAKE OF THE WOODS COUNTY 0.1123105027592 Lakeville city 0.2822249627090% LE SUEUR COUNTY 0.3225703347466 LINCOLN COUNTY 0.1091919983965% LYON COUNTY 0.2935118186364% MAHNOMEN COUNTY 0.1416417687922% Mankato city 0.3698584320930% Maple Grove city 0.1814019046900 Maplewood city 0.1875101678223% MARSHALL COUNTY 0.1296352091057% MARTIN COUNTY 0.2543064014046% MCLEOD COUNTY 0.1247104517575 MEEKER COUNTY 0.3744031515243% MILLE LACS COUNTY 0.9301506695846% Minneapolis city 4.8777618689374% Minnetonka city 0.1967231070869% Moorhead city 0.4337377037965% MORRISON COUNTY 0.7178981419196% MOWER COUNTY 0.5801769148506 MURRAY COUNTY 0.1348775389165 N[COLLET COUNTY 0.1572381052896% NOBLES COUNTY 0.1562005111775% NORMAN COUNTY 0.1087596675165% North St. Paul city 0.0575844069340 OLMSTED COUNTY 1.9236715094724% OTTER TAIL COUNTY 0.8336175418789% PENNINGTON COUNTY 0.3082576394945% PINE COUNTY 0.5671222706703 Subdivision Allocation Percentage PIPESTONE COUNTY 0.1535154503112% Plymouth city 0.1762541472591 POLK COUNTY 0.8654291473909% POPE COUNTY 0.1870129873102% Proctor city 0.0214374127881% RAMSEY COUNTY 7.1081424150498% RED LAKE COUNTY 0.0532649128178% REDWOOD COUNTY 0.2809842366614 RENVILLE COUNTY 0.2706888807449 RICE COUNTY 0.2674764397830 Richfield city 0.2534018444052% Rochester city 0.7363082848763% ROCK COUNTY 0.2043437335735 ROSEAU COUNTY 0 2517872793025% Roseville city 0.1721905548771 Savage city 0.1883576635033% SCOTT COUNTY L3274301645797% Shakopee city 0.2879873611373 SHERBURNE COUNTY 1.2543449471994% SIBLEY COUNTY 0.2393480708456% ST LOUIS COUNTY 4.7407767169807% St. Cloud city 0.7330089009029% St. Louis Park city 0.1476314588229% St. Paul city 3.7475206797569% STEARNS COUNTY 2.4158085321227% STEELE COUNTY 0.3969975262520% STEVENS COUNTY 0.1439474275223% SWIFT COUNTY 0.1344167568499 TODD COUNTY 0.4180909816781 TRAVERSE COUNTY 0.0903964133868% WABASHA COUNTY 0.3103038996965 WADENA COUNTY 0.2644094336575 WASECA COUNTY 0.2857912156338 WASHINGTON COUNTY 3.0852862512586% WATONWAN COUNTY 0.1475626355615% WILKIN COUNTY 0.0937962507119% WINONA COUNTY 0.7755267356126% Woodbury city 0.4677270171716 WRIGHT COUNTY 1.6985269385427% YELLOW MEDICINE COUNTY 0.1742264836427% EXHIBIT K Subdivision and Special District Settlement Participation Form Governmental Entity: City of Lauderdale State: Minnesota Authorized Signatory: Heather Butkowski Address 1: 1891 Walnut Street Address 2: City, State, 7ip: Lauderdale, MN 55113 Phone: 651-792-7657 Fbmail: heather.butkowski@lauderdalemn.org The govermnental entity identified above ("Governmental Fntity"), in order to obtain and in consideration foi the benefits provided to the Governmental Entity pursuant to the Agreement dated November 22, 2022 ( `Allergan Settlement"), and acting through the undersigned authorized official, hereby elects to participate in the Allergan Settlement, release all Released Claims against all Released Fntities, and agrees as follows 1. The Governmental Entity is aware of and has reviewed the Allergan Settlement, understands that all terms in this Election and Release have the meanings defined therein, and agrees that by this Election, the Governmental Entity elects to participate in the Allergan Settlement as provided therein. 2. Following the execution of this Settlement Participation Form, the Governmental Entity shall comply with Section III.B of the Allergan Settlement regarding Cessation of Litigation Activities. 3. The Governmental Fntity shall, within fourteen (14) days of the Reference Date and prior to the filing of the Consent Judgment, file a request to dismiss with prejudice any Released Claims that it has filed. With respect to any Released Claims pending in In re National Prescription Opiate Litigation, MDL No. 2804, the Governmental Entity authorizes the MDL Plaintiffs' Fbxecutive Committee to execute and file on behalf of the Governmental Fntity a Stipulation of Dismissal With Prejudice substantially in the form found at https://nationalopioidsettlement.com. 4. The Governmental bntity agrees to the terms of the Allergan Settlement pertaining to Subdivisions and Special Districts as defined therein. 5. By agreeing to the terms of the Allergan Settlement and becoming a Releasor, the Governmental Entity is entitled to the benefits provided therein, including, if applicable, monetary payments beginning after the hffective Date. 6. The Governmental Fntity agrees to use any monies it receives through the Allergan Settlement solely for the purposes provided therein. 1 7. The Governmental Hntity submits to the jurisdiction of the court in the Governmental Fntity'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 Alleigan Settlement. 8. The Governmental F{ntity has the right to enforce the Allergan Settlement as provided therein. 9. The Governmental Entity, as a Participating Subdivision or Participating Special District, hereby becomes a Releasor for all purposes in the Allergan Settlement, including, but not limited to, all provisions of Section V (Release), and along with all departments, agencies, divisions, boaids, commissions, Subdivisions, districts, instrumentalities of any kind and attorneys, and any person in their official capacity whether 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 in bringing, or permit to be brought, filed, or claimed, or to otherwise seek to establish liability for any Released Claims against any Released Fntity in any forum whatsoever. The releases provided for in the Allergan Settlement are intended 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 Allergan Settlement shall be a complete bar to any Released Claim. 10. The Governmental h,ntity hereby takes on all rights and obligations of a Participating Subdivision or Participating Special District as set forth in the Allergan Settlement. 11. In connection with the releases provided for in the Allergan 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 kntity 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 Allergan Settlement. 12. Nothing herein is intended to modify in any way the terms of the Allergan Settlement, to which the Govermnental Entity hereby agrees. To the extent this Settlement Participation Form is interpreted differently from the Allergan Settlement in any respect the Allergan Settlement controls. 2 I have all necessary power and authorization to execute this Settlement Participation Form on behalf of the Governmental Fntity. Signature: Name: Title: Date: 3 Heather Butkowski City Administrator March 14, 2023 0 0 0 EXIEIBIT IC Subdivision Participation and Release Form Governmental Lauderdale 1 State: Minnesota Hntity: City of Authorized Signatory: Heather Butkowski Address 1: 1891 Walnut Street Address 2: City, State, Zip' Lauderdale, MN 55113 Phone: 651-792-7657 hmail: heather.butkowski@lauderdalemn.org 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 dated December 9, 2022 ("CVS Settlement"), and acting through the undersigned authorized official, hereby elects to participate in the CVS Settlement, release all Released Claims against all Released Hntities, and agrees as follows. 1. The Governmental Entity is aware of and has reviewed the CVS Settlement, understands that all terms in this Participation and Release Form have the meanings defined therein and agrees that by executing this Participation and Release Form, the Governmental Fntity elects to participate in the CVS Settlement and become a Participating Subdivision as provided therein. 2. The Governmental Hntity shall promptly, and in any event no later than 14 days after the Reference Date and piior to the filing of the Consent Judgment, dismiss with prejudice any Released Claims that it has filed. With respect to any Released Claims pending in In re National Prescription Opiate Litigation MDL No. 2804, the Governmental Entity authorizes the Plaintiffs' Executive Committee to execute and file on behalf of the Governmental Entity a Stipulation of Dismissal with Prejudice substantially in the form found at https://national opioidsettlement.com. The Governmental hntrty agrees to the terms of the CVS Settlement pertaining to Participating Subdivisions as defined therein. 4. By agreeing to the terms of the CVS 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. 5. The Governmental Fntity agrees to use any monies it receives through the CVS Settlement solely for the purposes provided therein. 1 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 foi resolving disputes to the extent provided in, the CVS Settlement. The Governmental Entity likewise agrees to arbitrate before the National Arbitration Panel as piovided in, and for resolving disputes to the extent otherwise provided in, the CVS Settlement. 7. The Governmental Entity has the right to enforce the CVS Settlement as provided therein. 8. The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for all purposes in the CVS Settlement, including without limitation all provisions of Section XI (Release), 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 foiegoing and any agency, person, or other entity claiming by or through any of the foiegoing 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 CVS 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 CVS 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 CVS Settlement. 10. In connection with the releases provided for in the CVS 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 01 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 CVS Settlement. 2 11. Nothing herein is intended to modify in any way the terms of the CVS Settlement, to which Governmental Fntity hereby agrees. To the extent this Participation and Release Form is interpreted differently from the CVS Settlement in any respect, the CVS Settlement controls. I have all necessary power and authorization to execute this Participation and Release Form on behalf of the Governmental Entity. Signature: Name: Title: Date: 3 Heather Butkowski City Administrator March 14, 2023 0 0 Exhibit K Subdivision and Special District Settlement Participation Form Governmental Entity: City of Lauderdale State: Minnesota Authorized Signatory: Heather Butkowski Address 1: 1891 Walnut Street Address 2: City, State, Zip: Lauderdale, MN 55113 Phone: 651-792-7657 Email: heather.butkowski@lauderdalemn.org The governmental entity identified above ("Governmental Entity"), in order to obtain and in consideration for the benefits provided to the Governmental Fntity pursuant to the Agreement dated November 22, 2022 ("Teva Settlement"), and acting through the undersigned authorized official, hereby elects to participate in the Teva Settlement, release all Released Claims against all Released Entities and agrees as follows 1. The Governmental Entity is aware of and has reviewed the Teva Settlement, understands that all terms in this Election and Release have the meanings defined therein, and agrees that by this Election, the Governmental Fntity elects to participate in the Teva Settlement as provided therein. 2. Following the execution of this Settlement Participation Form, the Governmental Entity shall comply with Section III.B of the Teva Settlement regarding Cessation of Litigation Activities. 3. The Governmental Entity shall, within 14 days of the Reference Date and prior to the filing of the Consent Judgment file a request to dismiss with prejudice any Released Claims that it has filed. With respect to any Released Claims pending in In re National Prescription Opiate Litigation MDL No. 2804 the Governmental Entity authorizes the Plaintiffs Executive Committee to execute and file on behalf of the Governmental Fntity a Stipulation of Dismissal With Piejudice substantially in the form found at https://nationalopioidsettlement.com. 4. The Governmental Entity agrees to the terms of the Teva Settlement pertaining to Subdivisions as defined therein. 5. By agreeing to the terms of the Teva 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. The Governmental Entity agrees to use any monies it receives through the Teva Settlement solely for the purposes provided therein. 7. The Governmental Fntity 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 Teva Settlement. 1 8. The Governmental Entity has the right to enforce the Teva Settlement as provided therein. 9. The Governmental Fntity, as a Participating Subdivision or Participating Special District, hereby becomes a Releasor for all purposes in the Teva Settlement, including but not limited to all provisions of Section V (Release), 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 othei 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, 01 claim, or to cause, assist or permit to be brought filed, 01 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 Teva Settlement are intended by Released Entitles and the Governmental Entity 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 Teva Settlement shall be a complete bar to any Released Claim. 10. The Governmental Fntity hereby takes on all rights and obligations of a Participating Subdivision or Participating Special District as set forth in the Teva Settlement. 11. In connection with the releases provided for in the Teva 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 othei 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 01 different from those which it knows, believes, 01 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 trough ignoiance, over sight error, negligence or through no fault whatsoever, and which, if known, would materially affect the Governmental Entities' decision to participate in the Teva Settlement. 12. Nothing herein is intended to modify in any way the terms of the Teva Settlement, to which Governmental Fntity hereby agrees. To the extent this Flection and Release is interpreted differently from the Teva Settlement in any respect, the Teva Settlement controls. 2 I have all necessary power and authorization to execute this hlection and Release on behalf of the Governmental Entity. Signature: Name: Title: Date: 3 Heather Butkowski City Administrator March 14, 2023 0 0 0 EXHIBIT K Subdivision Participation and Release Form Governmental Fntity: City of Lauderdale State: Minnesota Authorized Signatory: Heather Butkowski Address 1: 1891 Walnut Street Address 2: City, State, Zip: Lauderdale, MN 55113 Phone: 651-792-7657 Email: heather.butkowski@lauderdalemn. org The governmental entity identified above ("Governmental Fntity"), in older to obtain and in consideration for the benefits provided to the Governmental Entity pursuant to the Settlement Agreement dated December 9, 2022 ("Walgreens Settlement') and acting through the undersigned authorized official, hereby elects to participate in the Walgreens Settlement, release all Released Claims against all Released Fintitres, and agrees as follows. 1. The Governmental b ntity is aware of and has reviewed the Walgreens Settlement, understands that all terms in this Participation and Release Form have the meanings defined therein, and agrees that by executing this Participation and Release Form the Governmental Fntity elects to participate in the Walgreens Settlement and become a Participating Subdivision as provided therein. 2. The Governmental Fntity shall promptly, and in any event no later than 14 days after the Reference Date and prior to the filing of the Consent Judgment, dismiss with prejudice any Released Claims that it has filed. With respect to any Released Claims pending in In re National Prescription Opiate Litigation MDL No. 2804, the Governmental Fntity authorizes the Plaintiffs' F4xecutive Committee to execute and file on behalf of the Governmental bntity a Stipulation of Dismissal with Prejudice substantially in the form found at https://nationaloprordsettlement.com. 3. The Governmental Entity agrees to the terms of the Walgreens Settlement pertaining to Participating Subdivisions as defined therein. 4. By agreeing to the terms of the Walgreens Settlement and becoming a Releasor, the Governmental Fntity is entitled to the benefits provided therein, including, if applicable, monetary payments beginning after the Fffective Date. 5. The Governmental Entity agrees to use any monies it receives through the Walgreens Settlement solely for the purposes provided therein. 6. The Governmental Entity submits to the jurisdiction of the court in the Goveinmental 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 Walgreens Settlement. The Governmental hntity likewise agrees to arbitrate before the National Arbitration Panel as provided in, and for resolving disputes to the extent otherwise provided in, the Walgreens Settlement. 7. The Governmental hntity has the right to enforce the Walgreens Settlement as provided therein. 8. The Governmental Fntity, as a Participating Subdivision, hereby becomes a Releasor for all purposes in the Walgreens Settlement, including without limitation all provisions of Section XI (Release), 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 thi ough 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 Fntity 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 Walgreens 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 Walgreens 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 foith in the Walgreens Settlement. 10. In connection with the releases provided for in the Walgreens 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 Releasoi may hereafter discover facts other than or different from those which it knows, believes, 01 assumes to be true with respect to the Released Claims, but each Governmental Fntity hereby expressly waives and fully, finally, and forever settles, releases and discharges, upon the Fffective 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 Fntities' decision to participate in the Walgreens Settlement. 2 11. Nothing herein is intended to modify in any way the terms of the Walgreens Settlement, to which Governmental Entity hereby agrees. To the extent this Participation and Release Form is interpreted differently from the Walgreens Settlement in any respect, the Walgreens Settlement conti ols. I have all necessary power and authorization to execute this Participation and Release Form on behalf of the Governmental Entity. Signature: Name: Title: Date: 3 Heather Butkowski City Administrator March 14, 2023 0 { kri:Arg"r 0 EXHIBIT K Subdivision Participation Form Governmental Entity: City of Lauderdale State: Minnesota Authorized Official: Heather Butkowski Address 1: 1891 Walnut Street Address 2: City, State, Zip: Lauderdale, MN 55113 Phone: 651-792-7657 Hmail: heather.butkowski@lauderdalemn.org The governmental entity identified above ( `Governmental Entity"), in order to obtain and in consideration foi the benefits provided to the Governmental Fntity pursuant to the Settlement Agreement dated November 14, 2022 ("Walmart Settlement"), and acting through the undersigned authorized official, hereby elects to participate in the Walmart Settlement, release all Released Claims against all Released Entities and agrees as follows. 1. The Governmental Entity is aware of and has reviewed the Walmart Settlement, understands that all terms in this Flection and Release have the meanings defined therein, and agrees that by this Flection, the Governmental Entity elects to participate in the Walmart Settlement and become a Participating Subdivision as provided therein. 2. The Governmental Entity shall promptly andin any event within 14 days of the Effective Date and prior to the filing of the Consent Judgment, dismiss with piejudice any Released Claims that it has filed. With respect to any Released Claims pending in In ie National Prescription Opiate Litigation, MDL No. 2804, the Governmental Entity authorizes the Plaintiffs' Executive Committee to execute and file on behalf of the Goverrnnental Entity a Stipulation of Dismissal With Prejudice substantially in the form found at https://nattonaloprordsettlement.com/. 3. The Governmental Entity agrees to the terms of the Walmart Settlement pertaining to Subdivisions as defined therein. 4. By agreeing to the terms of the Walmart 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. 5. The Governmental Fntity agrees to use any monies it receives through the Walmart Settlement solely for the purposes provided therein. 1 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 Walmart Settlement. The Govermnental Fntity has the right to enforce the Walmart Settlement as provided therein. S. 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 X (Release), 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 foi egoing and any agency, per son, or other entity claiming by or through any of the foregoing, and any other entity identified in the definition of Releasor, provides foi a release to the fullest extent of its authority. As a Releasor, the Governmental Fntity hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or claim, or to cause, assist or permit to be brought, filed, or claimed, 01 to otherwise seek to establish liability for any Released Claims against any Released Hntity in any forum whatsoevei. 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 Released Entities the bi oadest 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 Walmart Settlement shall be a complete bar to any Released Claim. In connection with the releases provided for in the Walmart 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 tern itory of the United States 01 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 het, would have materially affected his or her settlement with the debtor 01 released party. A Releasor may hereafter discover facts other than 01 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 Fffective 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 whatsoevei, and which, if known, would materially affect the Governmental hntities' decision to participate in the Walmart Settlement. 10. Nothing herein is intended to modify in any way the terms of the Walmart Settlement, to which Governmental Entity hereby agrees. To the extent this Flection and Release is interpreted differently from the Walmart Settlement in any respect, the Walmart Settlement conti ols. 2 I have all necessary power and authorization to execute this Election and Release on behalf of the Governmental Entity. Signature: Name: Title: Date: 3 Heather Butkowkski City Administrator March 14, 2023 0