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HomeMy WebLinkAboutMemorandumCITY OF MIAMI OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Victoria Mendez U DATE: September 13, 2021 RE: City Commission Meeting — September 13, 2021 Proposed Opioid Agreement with the State of Florida File No.: 10608 The attached proposed Resolution seeks authorization to enter into an agreement with the State of Florida to allocate settlement proceeds in the Opioid litigation brought by the State of Florida and outside counsel for the City of Miami and other States and local governments. The Office of the City Attorney has evaluated this issue with guidance from outside counsel who recommends the approval of this legislation. Attachment(s) cc. Arthur Noriega V, City Manager Miriam Santana, Agenda Coordinator VM/BLM/HJH Attachment(s) 10608 Exhibit City of Miami Legislation Resolution Enactment Number: R-21-0342 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 10608 Final Action Date:9/13/2021 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), EXPRESSING SUPPORT OF A UNIFIED PLAN FOR THE ALLOCATION AND USE OF OPIOID SETTLEMENT PROCEEDS, AS GENERALLY DESCRIBED IN THE FLORIDA PLAN, ATTACHED HERETO AS EXHIBIT "A"; EXPRESSLY AUTHORIZING THE CITY MANAGER TO EXECUTE THE FLORIDA PLAN, IN SUBSTANTIALLY THE FORM ATTACHED AS EXHIBIT "A"; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE ANY FORMAL AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IMPLEMENTING A UNIFIED PLAN FOR THE ALLOCATION AND USE OF OPIOID SETTLEMENT PROCEEDS THAT IS NOT SUBSTANTIALLY INCONSISTENT WITH THE FLORIDA PLAN AND THIS RESOLUTION; MAKING FINDINGS; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICES NAMED HEREIN. WHEREAS, the City of Miami ("City") has suffered harm from the opioid epidemic; and WHEREAS, the City recognizes that the entire State of Florida has suffered harm as a result from the opioid epidemic; and WHEREAS, the State of Florida has filed an action pending in Pasco County, Florida; and WHEREAS, a number of Florida cities and counties have also filed an action titled In re: National Prescription Opiate Litigation, MDL No. 2804 (N.D. Ohio) ("Opioid Litigation") and the City is not a litigating participant in that action; and WHEREAS, the State of Florida and lawyers representing certain various local governments involved in the Opioid Litigation have proposed a unified plan for the allocation and use of prospective settlement dollars from opioid related litigation; and WHEREAS, the Florida Memorandum of Understanding ("Florida Plan") sets forth a framework of a unified plan for the proposed allocation and use of opioid settlement proceeds and it is anticipated that formal agreements implementing the Florida Plan will be entered into at a future date; and WHEREAS, participation in the Florida Plan by a large majority of Florida cities and counties will materially increase the amount of funds allocated to Florida and should improve Florida's relative bargaining position during additional settlement negotiations; and WHEREAS, failure to participate in the Florida Plan will reduce funds available to the State, the City of Miami, and every other Florida city and county; 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 finds that participation in the Florida Plan would be in the best interest of the City and its citizens in that such a plan ensures that almost all of the settlement funds go to abate and resolve the opioid epidemic and each and every city and county receives funds for the harm that it has suffered. Section 3. The City hereby expresses its support of a unified plan for the allocation and use of opioid settlement proceeds as generally described in the Florida Plan, attached hereto as Exhibit "A." Section 4. The City Manager is hereby expressly authorized' to execute the Florida Plan in substantially the form attached as Exhibit "A." Section 5. The City Manager is hereby authorized' to execute the any formal agreements, in a form acceptable to the City Attorney, implementing a unified plan for the allocation and use of opioid settlement proceeds that is not substantially inconsistent with the Florida Plan and this Resolution. Section 6. The City Clerk is hereby directed to furnish a certified copy of this Resolution to the Florida League of Cities Attorney and Florida Attorney General Ashley Moody c\o John M. Guard The Capitol, PL-01 Tallahassee, FL 32399-1050. Section 7. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: ndez, City Attor ey 1 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.