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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: DocuSign Envelope ID: 135D8982-63D6-4C5F-A26E-BCB38F63E3F1 Page 2 of 3 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 DocuSign Envelope ID: 135D8982-63D6-4C5F-A26E-BCB38F63E3F1 Page 3 of 3 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 DocuSign Envelope ID: 135D8982-63D6-4C5F-A26E-BCB38F63E3F1