HomeMy WebLinkAbout2021-076-3631_-_MOU_-_Opioid_Litigation_-_Adopted.docxRESOLUTION NO. 2021-076-3631
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, TO JOIN WITH THE STATE OF
FLORIDA AND OTHER LOCAL GOVERNMENTAL UNITS AS A
PARTICIPANT IN THE FLORIDA MEMORANDUM OF
UNDERSTANDING AND FORMAL AGREEMENTS
IMPLEMENTING A UNIFIED PLAN RELATING TO THE OPIOID
LITIGATION; AUTHORIZING THE CITY MANAGER AND CITY
CLERK TO EXECUTE AND ATTEST SAID MEMORANDUM OF
UNDERSTANDING; PROVIDING FOR INSTRUCTIONS TO THE
CITY CLERK; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Miami Gardens has suffered harm from the opioid
epidemic, and
WHEREAS, the City of Miami Gardens recognizes that the entire State of Florida
has suffered harm as a result from the opiod epidemic, and
WHEREAS,the State of Florida has filed an action pending in Pasco County,
Florida and a number of Florida Cities and Counties have also filed an action In re:
National Prescription Litigation, MDL No. 2804 (N.D. Ohio) (the “Opiod Litigation”) and
the City of Miami Gardens is a litigating participate 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 of prospective settlement dollars.from opioid related litigation, and
WHEREAS, Florida Memorandum of Understanding (the “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 to Florida and should improve
Florida’s relative bargaining position during additional settlement negotiation , and
WHEREAS, failure to participate in the Florida Plan will reduce funds available to
the State, City of Miami Gardens and every other Florida city and county,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF MIAMI GARDENS, FLORIDA AS FOLLOWS:
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Resolution No. 2021-076-3631
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas
paragraphs are hereby ratified and confirmed as being true, and the same are hereby
made a specific part of this Resolution.
Section 2: The City Council finds that participation in the Florida Plan would be in
the best interest of the City of Miami Gardens 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 Council herby expresses its support of a unified plan for the
allocation and use of opiod settlement proceeds as generally described in the Florida
Plan, attached hereto as Exhibit “A”.
Section 4: AUTHORIZATION: The City Council of the City of Miami Gardens
hereby authorizes the City Manager and City Clerk to execute and attest said Florida Plan
in substantially the from contained in Exhibit “A”. The City Manager is hereby authorized
to execute any formal agreements implementing a unified plan for the allocation and use
of opiod settlement proceeds that is not substantially inconsistent with the Florida Plan
and this Resolution.
Section 5: The Clerk be and hereby is instructed to record this Resolution in the
appropriate record book upon its adoption.
Section 6: INSTRUCTIONS TO THE CITY CLERK: The City Clerk is hereby
authorized to obtain two (2) fully executed copies of the subject Agreement with one to
be maintained by the City, and one to be delivered to the Florida League of Cities and
Attorney General Ashley Moody, c/o John M. Guard, The Capitol, PL-01, Tallahassee, FL
32399-1050
Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately upon
its final passage.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS AT ITS REGULAR MEETING HELD ON JUNE 23, 2021.
________________________________
RODNEY HARRIS, MAYOR
ATTEST:
________________________________
MARIO BATAILLE, CMC, CITY CLERK
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Resolution No. 2021-076-3631
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY
SPONSORED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY
Moved by: Councilman Stephens
Seconded by: Councilwoman Campbell
VOTE: 6-0
Mayor Harris Absent
Vice Mayor Leon Yes
Councilwoman Campbell Yes
Councilwoman Ighodaro Yes
Councilwoman Julien Yes
Councilman Stephens, III Yes
Councilwoman Wilson Yes
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