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AGENDA ITEM COVER PAGE
File ID: #8072
1OS19
Resolution
Sponsored by: Commissioner Alex Diaz de la Portilla
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY
ATTORNEY TO ENGAGE OUTSIDE COUNSEL, ON A CONTINGENT FEE BASIS, ON
TERMS TO BE NEGOTIATED BY THE CITY ATTORNEY, TO REPRESENT THE CITY
OF MIAMI ("CITY") IN ANY VIABLE LEGAL ACTIONS AGAINST THE
MANUFACTURERS AND/OR PHARMACY BENEFITS MANAGERS OF INSULIN IN
AN EFFORT TO RECOVER DAMAGES ASSOCIATED WITH IMPROPER PRICING
OF INSULIN.
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City of Miami
City Hall
Legislation
3500 Pan American Drive
Miami, FL 33133
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www.miamigov.com
Resolution
Enactment Number: R-20-0378
File Number: 8072
Final Action Date:11/19/2020
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY
ATTORNEY TO ENGAGE OUTSIDE COUNSEL, ON A CONTINGENT FEE BASIS, ON
TERMS TO BE NEGOTIATED BY THE CITY ATTORNEY, TO REPRESENT THE CITY
OF MIAMI ("CITY") IN ANY VIABLE LEGAL ACTIONS AGAINST THE
MANUFACTURERS AND/OR PHARMACY BENEFITS MANAGERS OF INSULIN IN
AN EFFORT TO RECOVER DAMAGES ASSOCIATED WITH IMPROPER PRICING
OF INSULIN.
WHEREAS, manufacturers and pharmacy benefits managers of insulin have
engaged in practices which have increased the cost of insulin in violation of law; and
WHEREAS, the City of Miami ("City"), through its self -insured group health
program, has expended substantial sums for insulin prescribed to employees, retirees,
and their covered family members; and
WHEREAS, the City Commission aims to explore and pursue any and all legal
causes of action available to the City to seek damages against those manufacturers
and/or pharmacy benefits managers of insulin;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The City Attorney is authorized' to engage outside counsel, on a
contingent fee basis, on terms to be negotiated by the City Attorney, to represent the City
in legal actions against the manufacturers and/or pharmacy benefits managers of insulin in
an effort to recover damages associated with the expenditure of City resources on illegally
priced insulin.
Section 3. This Resolution shall become effective immediately upon its adoption.
' The herein authorization is further subject to compliance with all legal requirements that may be
imposed, including but not limited to, those prescribed by applicable City Charter and City Code
provisions.
APPROVED AS TO FORM AND CORRECTNESS:
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Pursuant to the resolution, this item became effective immediately upon adoption by the Commission.