HomeMy WebLinkAboutAgenda Item Summary FormC,AN UF..4y
AGENDA ITEM SUMMARY FORM
File ID: #13254
Date: 01/10/2023 Requesting Department: Department of
Human Services
Commission Meeting Date: 01/26/2023 Sponsored By:
District Impacted: All
Type: Resolution
Subject: Accept - Opioid Litigation Settlement Funds
Purpose of Item:
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY
MANAGER TO ACCEPT TO RECEIVE SETTLEMENT MONIES PURSUANT TO THE
CITY OF MIAMI'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
Background of Item:
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.
Budget Impact Analysis
Item is Related to Revenue
Item is NOT funded by Bonds
Total Fiscal Impact:
Reviewed By
Department of Human Services
William Porro
Department Head Review
Completed
01/10/2023 10:40 AM
Office of Management and Budget
Aniska Elliott
Budget Analyst Review
Completed
01/10/2023 12:33 PM
Office of Management and Budget
Marie Gouin
Budget Review
Completed
01/17/2023 11:13 AM
City Manager's Office
Natasha Colebrook -Williams
Assistant City Manager Review
Completed
01/17/2023 2:49 PM
Legislative Division
Valentin J Alvarez
Legislative Division Review
Completed
01/17/2023 3:04 PM
City Manager's Office
Arthur Noriega V
City Manager Review
Completed
01/17/2023 8:17 PM
Office of the City Attorney
Xavier Alban
ACA Review
Completed
01/17/2023 8:25 PM
Office of the City Attorney
Victoria Mendez
Approved Form and Correctness
Completed
01/17/2023 8:27 PM
City Commission
Maricarmen Lopez
Meeting
Completed
01/26/2023 9:00 AM
Office of the Mayor
Mayor's Office
Signed by the Mayor
Completed
02/02/2023 4:09 PM
Office of the City Clerk City Clerk's Office Signed and Attested by the City Clerk Completed 02/02/2023 4:25 PM
Office of the City Clerk City Clerk's Office Rendered Completed 02/02/2023 4:25 PM
of
.�f City of Miami CityHall
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11 °° Legislation 3500 Pan American Drive
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Resolution www.miamigov.com
Enactment Number: R-23-0054
File Number: 13254 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
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.
APPROVED AS TO FORM AND CORRECTNESS:
Vf t6ria-Vrd6z, City Attor iey 1/17/2023