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HomeMy WebLinkAboutR-23-0054City of Miami op Resolution R-23-0054 alldl 11 li.Rl I m Legislation File Number: 13254 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 1/26/2023 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ACCEPT SETTLEMENT MONIES THE CITY OF MIAMI ("CITY") HAS OR WILL RECEIVE PURSUANT TO THE CITY'S PARTICIPATION IN THE FLORIDA MEMORANDUM OF UNDERSTANDING ("MOU"), A UNIFIED PLAN FOR THE SETTLEMENT OF THE ACTION TITLED IN RE: NATIONAL PRESCRIPTION OPIATE LITIGATION, MDL NO. 2804 (N.D. OHIO) ("OPIOID LITIGATION"); CREATING AND ESTABLISHING A SPECIAL REVENUE FUND; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY AGREEMENTS AND/OR DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT ACCEPTANCE OF SAID OPIOID LITIGATION SETTLEMENT MONIES; DIRECTING THE CITY MANAGER, BY SEPARATE RESOLUTION, TO BUDGET, ALLOCATE, AND APPROPRIATE SETTLEMENT MONIES FOR APPROVED USES AS OUTLINED IN THE ALLOCATION AGREEMENT AND THE INTERLOCAL AGREEMENT, ALL SUBJECT TO THE CITY COMMISSION'S REVIEW AND APPROVAL OF A PLAN FOR THE ALLOCATION OF PROCEEDS RECEIVED FROM ANY AND ALL SETTLEMENTS RELATED TO ANY AND ALL OPIOID LITIGATION INVOLVING THE CITY AS REQUIRED BY RESOLUTION NO. R- 21-0376 ADOPTED ON SEPTEMBER 13, 2021. WHEREAS, due the opioid addiction crisis affecting the City of Miami ("City"), the City adopted Resolution No. R-17-0454 on October 11, 2017, wherein it authorized the City Attorney engage outside counsel to represent the City in legal actions against the manufacturers and/or distributors of prescription opiates in an effort to recover damages associated with the expenditure of City resources in combating the opioid epidemic within the City; and WHEREAS, pursuant to Resolution No. R-21-0342 adopted on September 13, 2021, the City is a participant in the Florida Memorandum of Understanding ("MOU"), a unified plan for the settlement of the action titled In re: National Prescription Opiate Litigation, MDL No. 2804 (N.D. Ohio) ("Opioid Litigation") in order to materially increase the amount of funds allocated to the State of Florida, the City, and every other Florida municipality and county; and WHEREAS, the City executed the Florida Opioid Allocation and Statewide Response Agreement with the State of Florida Department of Legal Affairs ("Allocation Agreement") for the receipt and use of settlement monies from the City/County Fund, the Regional Fund, and/or the State Fund ("collectively, "Settlement Monies"); and WHEREAS, the City executed the Opioid Settlement Interlocal Agreement Governing Use of Miami -Dade County Regional Funding ("Interlocal Agreement") for the receipt and use of Regional Fund settlement money; and City of Miami Page 1 of 3 File ID: 13254 (Revision:) Printed On: 2/6/2023 File ID: 13254 Enactment Number: R-23-0054 WHEREAS, although negotiations regarding potential settlements of claims raised against some Opioid Litigation defendants are ongoing, other defendants have tentatively reached settlement agreements; and WHEREAS, pursuant to the Allocation Agreement, the City has executed and anticipates executing additional agreements and other necessary documents to receive Settlement Monies for approved uses as outlined in the Allocation Agreement and the Interlocal Agreement, and subject to any and all federal, state, and local laws that regulate the use of such funds for said purpose; and WHEREAS, the City has and anticipates to receive additional Settlement Monies in the near future; and WHEREAS, it is in the best interest of the City to authorize the City Manager to accept the Settlement Monies the City expects to receive pursuant to finalized settlement agreements or future settlement agreements; 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 Manager is authorized' to accept Settlement Monies the City has or may receive pursuant to finalized settlement agreements or future settlement agreements. Section 3. The Special Revenue Fund for the Settlement Monies is created and established as described below: FUND TITLE: Opioid Litigation Settlement Funds Section 4. The City Manager is further authorized' execute the necessary agreements and/or documents, in a form acceptable to the City Attorney, to implement the acceptance of said Settlement Monies. Section 5. The City Manager, by separate resolution, shall budget, allocate, and appropriate Settlement Monies for approved uses as outlined in the Allocation Agreement and the Interlocal Agreement, all subject to the City Commission's review and approval of a plan for the allocation of proceeds received from any and all settlements related to any and all opioid litigation involving the City as required by Resolution No. R-21-0376 adopted on September 13, 2021. Section 6. This Resolution shall become effective immediately upon its adoption and signature of the Mayor ' The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to, those prescribed by applicable City Charter and City Code provisions. 2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 2 of 3 File ID: 13254 (Revision:) Printed on: 2/6/2023 File ID: 13254 Enactment Number: R-23-0054 APPROVED AS TO FORM AND CORRECTNESS: 1 Vft6ria-Vrdel, City Attor iey 1/1712023 City of Miami Page 3 of 3 File ID: 13254 (Revision:) Printed on: 21612023