HomeMy Public PortalAbout2022-01 Approving the Opioid Settlement interlocal agreement with Miami-Dade CountyRE S O L U T I O N N O . 2 0 2 2 -0 1
A RE S O L U T I O N O F T H E V IL L A G E C O UN C IL O F T H E
V IL L A G E O F K E Y B IS C A Y N E , F L O RI D A , A P P R O V IN G
T H E O P I O I D S E T T L E M E N T IN T E RL O C A L A G RE E M E N T
W IT H M IA M I-D A D E C O U N T Y G O V E RN IN G T H E U S E O F
O P I O I D S E T T L E M E N T F U N D S A L L O C A T E D T O T H E
M IA M I-D A D E C O U N T Y RE G IO N A L F U N D ; P R O V ID IN G
F O R A U T H O RI Z A T IO N ; P R O V ID IN G F O R
IM P L E M E N T A T IO N ; P R O V ID IN G F O R T RA N S M IT T A L ;
A N D P R O V ID I N G F O R A N E F F E C T IV E D A T E .
W H E RE A S , the Village of Key Biscayne (the "Village") has suffered harm from the
opioid epidemic; and
WHEREAS, on November 16, 2021, the Village Council adopted Resolution No. 2021-
51 approving a Florida Memorandum of Understanding ("MOU") in order to participate in the
unified plan and framework for the proposed allocation of the opioid settlement proceeds resulting
from the action captioned In Re: National Prescription Opiate Litigation, MDL No. 2804 (N.D.
Ohio) (the "Opioid Funds"); and
WHEREAS, the Village also desires to partner with Miami-Dade County (the "County")
to obtain Opioid Funds allocated to the County Regional Fund; and
WHEREAS, Opioid Funds allocated to the County Regional Fund will be administered
and distributed to municipalities either by a corporate partner selected by the Florida Department
of Children and Families or by the County if it enters into an interlocal agreement governing the
use of Opioid Funds with 50% of municipalities within the County; and
WHEREAS, the County has proposed entering into an interlocal agreement with the
Village, attached hereto as Exhibit "A," that would govern the administration and distribution of
Opioid Funds allocated to the County Regional Fund (the "Interlocal Agreement"); and
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WHEREAS, the Village Council finds that approving and authorizing the execution of the
Interlocal Agreement, in substantially the form attached hereto as Exhibit "A," will allow for
greater transparency and communication in the administration of the Regional Opioid Funds; and
WHEREAS, the Village Council finds that this Resolution is in the best interest and
welfare of the residents of the Village.
NOW, THEREFORE, BE IT RE SOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. Recitals. That each of the above-stated recitals are hereby adopted,
confirmed, and incorporated herein.
Section 2. Approval. That the Village Council hereby approves the Interlocal
Agreement, in substantially the form attached hereto as Exhibit "A."
Section 3. Authorization. Subject to the incorporation of any necessary amendments
to the Interlocal Agreement identified by the Village Attorney and approved by the County, the
Village Manager is hereby authorized to execute the Interlocal Agreement, in substantially the
form attached hereto as Exhibit "A." The Village Manager is further authorized to execute any
required or related agreements, amendments, or documents which are required to implement the
purposes of this Resolution and the Interlocal Agreement, subject to the approval of the Village
Attorney as to form, content, and legal sufficiency.
Section 4.
actions necessary to implement the purposes of this Resolution and the Interlocal Agreement.
Section 5.
Implementation. That the Village Manager is hereby authorized to take all
Transmittal. That the Village Council hereby directs the Village Clerk to
transmit a copy of this Resolution to the County Mayor.
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Section 6.
adoption.
Effective Date .. That th is Resolution shall be effective imm ediately upon
PA SSED an d ADO PTED this~ day of __ ~J~an=u=ary=----~• 2022.
ATT EST:
~~'2> Koch.
VILLA G E CLERK
WE ISS SE R OTA HE LFM A N CO LE & BIE RM A N , P.L.
VILLA G E ATTORN E Y
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O P IO ID SE T T L E M E N T
IN T E R L O C A L A G R E E M E N T G O V E R N IN G U S E O F
M IA M I-D A D E C O U N T Y R E G IO N A L FU N D IN G
THIS INTERLOCAL AGREEMENT ("Agreement") is made and entered into as of this
____ day of , 2022, by and between Miami-Dade County, a political subdivision
of the State of Florida ("County") and the Village of Key Biscayne. Florida a municipal
corporation of the State of Florida located within the geographic boundaries of Miami-Dade
County, Florida ("Village").
RECITALS
WHEREAS, during the 2010s, failures in the manufacture and distribution reporting
systems for opioids, such as noncompliance with the Controlled Substances Act as well as the
over-prescribing of opioids, resulted in opioid abuse, misuse, overdoses, addictions, and deaths
throughout municipalities, counties, and states across the nation and contributed to the public
health emergency and crisis commonly referred to as the opioid epidemic; and
WHEREAS, the opioid epidemic was also driven by increased consumption and the
widespread availability of pharmaceutical opioids; and
WHEREAS, additionally, companies involved in the pharmaceutical supply chain
including, but not limited to, distributors, manufacturers, dispensing companies, and marketing
agencies contributed to the great harm suffered by the State of Florida and Miami-Dade County as
a result of the opioid epidemic; and
WHEREAS, the State of Florida and Miami-Dade County as well as many of the
municipalities therein were directly and detrimentally impacted by the opioid epidemic; and
WHEREAS, among other things, during the referenced timeframe, Florida ranked fourth
in the nation for total health care costs attributed to opioid abuse and had the 11th highest drug
overdose mortality rate in the nation with the number of drug overdose deaths in the state doubling
from 1999 to 20 I 4; and
WHEREAS, in addition, according to the 2015 annual report by the Florida Department
of Law Enforcement, in the first half of 2015, heroin deaths jumped I 00 percent in Miami-Dade
County compared to the same period from the previous year, and deaths linked to fentanyl rose by
3 1 0 percent; and
WHEREAS, in response to such grim statistics and the crippling impact the opioid
epidemic was having on Miami-Dade County, on January 24, 2017, the Miami-Dade Board of
County Commissioners ("Board of County Commissioners") approved Resolution No. R-198-17,
and created the Miami-Dade Opioid Addiction Task Force ("Task Force"); and
WHEREAS, the Task Force was charged with developing a comprehensive opioid
addiction action plan to halt the opioid epidemic in Miami-Dade County, and make
recom m endations to (I) reduce opioid overdoses, (2) prevent opioid m isuse and addiction, (3)
increase the num ber of persons seeking treatm ent, and (4) support persons in M iam i-D ade C ounty
w h o a r e r e c o v e r in g fr o m a d d ic t io n ; a n d
WHEREAS, at the July 6, 2017 Board of County Commissioners' meeting, the Task Force
presented its Final Report, which included 26 recommendations and on April 26, 2019, the Task
Force issued its 2019 Implementation Plan, which: (I) includes 25 recommendations-two of its
recommendations were merged-from the Final Report; (2) provides the current status of such
recommendations, i.e., In Progress, Ongoing and Complete; and (3) recognizes that the end of the
opioid epidemic does not end with conclusion of the Task Force and provides that when the Task
Force sunset on April 30, 2019, its work would transition to the Miami-Dade County Addiction
Services Board; and
WHEREAS, the opioid epidemic necessitated the County and Village to expend funding
to address matters directly related to the public health crisis, including but not limited to
educational materials or safety materials; and
WHEREAS, the opioid epidemic has not waned in the County or Village; and
WHEREAS, the Village continues to suffer the financial strain caused by the opioid
epidemic; and
WHEREAS, likewise, the County endures the fiscal toll of the opioid epidemic while it
continues to offer programing and services countywide to combat and mitigate the harmful effects
of same in the community; and
WHEREAS, due to the opioid crisis, many governmental entities throughout the country
filed lawsuits against opioid manufacturers, distributors, and retail pharmacies to seek redress for
the great harm caused by the opioid epidemic; and
WHEREAS, said litigating governmental entities include Miami-Dade County and nearly
a quarter of the municipalities located therein; and
WHEREAS. the lawsuits filed by the litigating governmental entities and the County were
consolidated with thousands of other lawsuits filed by state, tribal and local governmental entities
in In re: National P rescription Opiate Li tigation, MDL No. 2804 (N.D. Ohio) ("Opioid MDL");
and
WHEREAS, although negotiations regarding potential settlements of claims raised against
some Opioid MDL defendants are ongoing, other defendants have tentatively reached settlement
agreements; and
WHEREAS, specifically, on behalf of the State of Florida and its local governments, the
Florida Attorney General ("Attorney General") has tentatively reached two multi-year settlement
agreements among various parties including: ( 1) McKesson Corporation, Cardinal Health, Inc.,
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and Arn erisourcelscrgen Corporation; and (2) Jo hnson & Johnson, Janssen Pharmaceuticals, lnc.,
Ortho-McNeil-.lanssen Pharmaceuticals, Inc. and Janssen Pharrnaceutica, Inc. (collectively, the
"Settlement Agreements"); and
WHEREAS, pertinent negotiated terms of the Settlement Agreements include: ( 1) the
settlement funds will be distributed to the State ofFlorida over an I 8-year period as part of a global
settlement, irrespective of whether the local government filed suit; (2) local governments must
enter into the Florida Opioid Allocation and Statewide Response Agreement (the "Allocation
Agreement"), attached hereto as Exhibit A, with the Attorney General to receive settlement
monies; (3) the Allocation Agreement divides settlement monies into three funds, i.e.,
Village/County Fund, Regional Fund, and State Fund; and
WHEREAS, the Allocation Agreement provides for the manner of distribution into each
fund and purposes for which the monies may be used; and
WHEREAS, the Allocation Agreement requires that the County be deemed a "Qualified
County" to be eligible to manage monies from the Regional Fund; and
WHEREAS, specifically, pursuant to the Allocation Agreement, a Qualified County is a
county "that has a Population of at least 300,000 individuals and: (a) has an opioid task force or
other similar board, commission, council, or entity (including some existing sub-unit of a County's
government responsible for substance abuse prevention, treatment, and/or recovery) of which it is
a member or operates in connection with its municipalities or others on a local or regional basis;
(b) has an abatement plan that has been either adopted or is being utilized to respond to the opioid
epidemic; (c) is, as of December 31, 2021, either providing or is contracting with others to provide
substance abuse prevention, recovery, and treatment services to its citizens; and ( d) has or enters
into an inter local agreement with a majority of Municipalities (Majority is more than 50% of the
Municipalities' total population)" related to the expenditure of funds; and
WHEREAS, the parties recognize that local control over the Regional Fund is in the best
interest of all persons within the geographic boundaries of Miami-Dade County and ensures that
Regional Fund monies are available and used to address opioid-related matters within Miami-
Dade County and arc, therefore, committed to the County qualifying as a "Qualified County"
and thereby receiving Regional Fund monies pursuant to the Allocation Agreement,
NOW, THEREJi'ORE, in consideration of the mutual covenants and promises contained
herein, the parties agree as follows:
Section 1. DEFINITIONS
A. Unless otherwise defined herein, all defined terms in the Allocation Agreement are
incorporated herein and shall have the same meanings therein.
B. "Miami-Dade County Regional Funding" shall mean the amount of the Regional Fund
distributed and paid to Miami-Dade County in its role as a Qualified County.
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Section 2. CONDITIONS PRECEDENT
This Agreement shall become effective on the Commencement Date set forth in Section 4, as long
as the following conditions precedent have been satisfied:
A. Miami-Dade County being determined by the State of Florida to qualify as a "Qualified
County" to receive and disburse Regional Fund monies under the Allocation
Agreement;
B. Execution of this Agreement by the County and the Village as required by the
Allocation Agreement to enable Miami-Dade County to become a Qualified County
and directly receive and disburse Miami-Dade County Regional Funding to the Village;
C. Execution of all documents necessary to effectuate the Allocation Agreement in its
final form; and
D. Filing of this Agreement with the Miami-Dade County Clerk of the Courts as provided
in section 163.01(11), Florida Statutes.
Section 3. E X E C U T IO N
This Agreement may be signed in counterparts by the parties hereto.
Section 4. TERM
The term of this Agreement and the obligations hereunder, commence upon the satisfaction of all
conditions precedent identified in Section 2 above, run concurrently with the Allocation
Agreement, and will continue until one (I) year after the expenditure of all Miami-Dade County
Regional Funding, unless otherwise terminated in accordance with the provisions of the Allocation
Agreement. Obligations under this Agreement which by their nature should survive, including,
but not limited to any and all obligations relating to record retention, audit, and indemnification
will survive the termination or expiration of this Agreement.
Section 5. MIAMI-DADE COUNTY REGIONAL F U N .m N G
A. Miami-Dade County Regional Funding must be used m accordance with the
requirements of the Allocation Agreement.
B. Miami-Dade County Regional Funding may be used to enhance current programs or
develop new programs. However, Miami-Dade County Regional Funding is not
intended to supplant current funding sources or general funds.
C. Administrative Costs - The County is responsible for administering Miami-Dade
County Regional Funding remitted pursuant to the Allocation Agreement and, County
staff shall provide all support services including, but not limited to legal services, as
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w ell as contract m anagem ent, pro gra m m onitoring, and report ing required by the
A llocation A greem ent. A ccordingly, the C ounty and V illage agree that the C ounty is
e n t it le d to th e m a x im u m a ll o w a b le a d m in is tr a t iv e fe e p u r s u a n t to th e A ll o c a t io n
A g r e e m e n t. T h e a d m in is tr a t iv e fe e w ill b e d e d u c te d a n n u a lly fr o m M ia m i-D a d e
C o u n ty R e g io n a l F u n d in g , a n d th e r e m a in in g fu n d s w ill b e s p e n t a s p ro v id e d in th e
A ll o c a t io n A g r e e m e n t a n d d is tr ib u t e d a s p r o v id e d h e r e in .
D . T h e V ill a g e s h a ll r e c e iv e n o m o r e th a n its p ro r a ta s h a r e o f M ia m i-D a d e C o u n ty
R e g io n a l F u n d in g , b a s e d o n th e N e g o t ia t io n C la s s M e t r ic s p ro v id e d fo r in th e
A l lo c a t io n A g r e e m e n t.
E P u r s u a n t to th e A ll o c a tio n A g r e e m e n t , th e V ill a g e a n d C o u n t y m a y p o o l, c o m m in g le ,
o r o th e r w is e tr a n s fe r , th e ir s h a r e s o f fu n d s , in w h o le o r p a rt , to a n o t h e r c o u n ty o r
m u n ic ip a li ty b y w r itt e n a g r e e m e n t.
F . T h e C o u n ty s h a ll d is b u r s e th e V ill a g e 's p ro ra t a s h a r e o f M ia m i-D a d e C o u n ty R e g io n a l
F u n d in g n o la te r th a n 6 0 d a y s fr o m it s r e c e ip t o f s u c h fu n d in g fr o m th e S t a te .
G . T h e V ill a g e is e n c o u r a g e d to d is b ur s e a p o rt io n o f its p ro ra ta s h a r e o f M ia m i-D a d e
C o u n t y R e g io n a l F u n d in g to Ja c k s o n H e a lth S y s t e m fo r th e p u r p o s e s p ro v id e d fo r in
th e A llo c a t io n A g r e e m e n t.
Section 6. LOCAL GOVERNMENT REPORTING REQUIREMENTS
To the extent that the Village receives Miami-Dade County Regional Funding directly from the
County, the Village must spend such fonds for Approved Purposes and must timely satisfy al I
reporting requirements of the Allocation Agreement. Failure to comply with this provision may
disqualify the Village from further direct receipt of Miami-Dade County Regional Funding. This
remedy is not exclusive. The County has all rights at law and in equity arising from the Village's
non-compliance with or breach of this Agreement. In addition, the Village shall:
i. Prior to May 31st of each year, provide information to the County about how it
intends to expend its allocated portion of Miami-Dade County Regional Funding
in the upcoming year;
ii. Report expenditures of its allocated portion of Miami-Dade County Regional
Funding to the County no later than July 31st for the prior fiscal year of July l •--
June 30 annually; and
lll. comply with the administrative requirements of th e Allocation Agreement,
including but not limited to, recordkeeping, reporting, monitoring, evaluation,
and auditing.
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Section 7. NON-APPROPRIATION
This Agreement is not a general obligation of the County. It is understood that neither this
Agreement nor any representation by any County official, officer, or employee creates any
obligation to: (a) appropriate or make monies available for the purposes of the Agreement beyond
the fiscal year in which this Agreement is executed; nor (b) appropriate or make monies available
for the purposes of this Agreement other than from Miami-Dade County Regional Funding. The
obligations of the County as to funding required pursuant to the Agreement arc limited to an
obligation in any given fiscal year to budget and appropriate from available Miami-Dade County
Regional Funding annually which are designated for regional use pursuant to the terms of the
Allocation Agreement. No liability shall be incurred by the County beyond the funds budgeted and
available for the purpose of the Agreement from Miami-Dade County Regional Funding. lffunds
are not received by the County from the Regional Fund for a new fiscal period, the County is not
obligated to pay or spend any sums contemplated by this Agreement beyond the portions for which
funds were received and appropriated. The County agrees to promptly notify the Village in writing
of any subsequent non-appropriation, and upon such notice, this Agreement will terminate on the
last day of the then current fiscal year without penalty to the County.
Section 8. INDEMNIFICATION
Subject to the limitations of section 768.28, Florida Statutes, as it may be amended, the Village
shall indemnify, defend, and hold harmless the County and its officers, employees, agents, and
instrumentalities from any and all liability, losses, or damages, including attorney's fees and costs
of defense, which the County or its officers, employees, agents, or instrumentalities may incur as
a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising
out of, relating to, or resulting from the performance of this Agreement by the Village or its
employees, agents, servants, partners, principals or subcontractors. Additionally, the Village shall
pay all claims and losses in connection therewith and shall investigate and, at the option of the
County, defend all claims, suits, or actions of any kind or nature in the name of the County, where
applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees
which may issue thereon, subject to the limitations of section 768.28, Florida Statutes, as may be
amended. Village expressly understands and agrees that any insurance protection required by this
Agreement or otherwise provided by Village or self-insurance shall in no way limit the
responsibility to indemnify, keep, and save harmless and defend the County or its officers,
employees, agents and instrumentalities as herein provided.
Section 9. AUDITS AND INTERNAL REVIEWS BY THE O.F.FICE 01<'
MANAGEMENT AND BUDGET, OFFICE OF MIAMI-DADE COUNTY
INSPECTOR GENERAL AND THE COMMISSION AUDITOR
The Village understands that it may be subject to an audit, random or otherwise, by the Office of
the Miami-Dade County Inspector General or an Independent Private Sector Inspector General
retained by the Office of the Inspector General, or the County Commission Auditor.
6
Offi ce of the Inspector Genera l. The attention of the V illage is hereby directed to the requirem ents
of Section 2-1076 of the C ounty C ode in that the O ffi ce of the M iam i-D ade C ounty J nspcctor
General ("JG") shall have the authority and power to review past, present and proposed County
programs, accounts, records, contracts and transactions. The IG may, on a random basis, perform
audits on all County contracts throughout the duration of said contract (hereinafter "random
audits"). This random audit is separate and distinct from any other audit by the County. Grant
recipients are exempt from paying the cost of the audit which is normally ¼ of l percent of the
total contract amount.
The JG shall have the power to subpoena witnesses, administer oaths and require the production
of records. Upon ten (10) days written notice to the Village from IG, the Village shall make all
requested records and documents available to the IG for inspection and copying. The IG shall have
the power to report and/or recommend to the Board of County Commissioners whether a particular
project, program, contract or transaction is or was necessary and, if deemed necessary, whether
the method used for implementing the project or program is or was efficient both financially and
operationally. Monitoring of an existing project or program may include reporting whether the
project is on time, within budget and in conformity with plans, specifications, and applicable law.
The IG shall have the power to analyze the need for, and reasonableness of, proposed change
orders.
The IG shall have the power to audit, investigate, monitor, oversee, inspect, and review the
operations, activities and performance and procurement process including, but not limited to,
project design, establishment of bid specifications, bid submittals, activities of the contractor, its
officers, agents and employees, lobbyists, County staff and elected officials in order to ensure
compliance with contract specifications and detect corruption and fraud.
The JG is authorized to investigate any alleged violation by a Village of its Code of Business
Ethics, pursuant to Section 2-8.1 of the County Code.
The provisions in this section shall apply to the Village, its subcontractors, and their respective
officers, agents, and employees. The Village shall incorporate the provisions in this section in all
contracts and all other agreements executed by its subcontractors in connection with the
performance of this Agreement. Any rights that the County has under this Section shall not be the
basis for any liability to accrue to the County from the Village, its subcontractors, or third parties
for such monitoring or investigation of for the failure to have conducted such monitoring or
investigation and the County shall have no obligation to exercise any of its rights for the benefit
of the Village, its contractors or third parties.
Nothing in this Agreement shall impair any independent right of the County to conduct audit or
investigative activities. The provisions of this section are neither intended nor shall they be
construed to impose any liability on the County by the Village or third parties.
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Section 10. NOTICES
All notices or communication under this Agreement shall be in writing and deemed received if
delivered by certified or electronic mail to the persons identified below:
In the case of notice or communication to VILLAGE:
Village of Key Biscayne
Attn: Village Manager
88 West McIntyre Street
Key Biscayne, FL 33149
305-365-5514 (telephone)
305-365-8936 (facsimile)
B.WJJ!.J.~!Jl~..9.lli.(,¼~ey,Q i sc a y n e. f1. go y
With a copy to:
Weiss Scrota Helfman Cole & Bierman, P.L.
Attn: Chad Friedman, Esq.
Village of Key Biscayne Attorney
2525 Ponce de Leon Boulevard, Suite 700
Coral Gables, FL 33134
cfriedman@wsh-Jaw.com
In the case of notice or communication to MIAMI-DADE COUNTY:
MIAMI-DADE COUNTY
Attn: Daniel T. Wall, Assistant Director
Miami-Dade County Office of Management and Budget
111 N.W. 1st Street, 22nd Floor
Miami, Florida 33128
Daniel. Wall@miamidade.gov
With a copy to:
MIAMI-DADE COUNTY
Attn: County Attorney,
Miami-Dade County Attorney's Office
111 N.W. 1st Street, Suite 2810
Miami, Florida 33128
gb.k@m ia 111 idad<;,~fill.Y.
All notices required by this Agreement shall be considered delivered upon receipt. Should any
party change its address or contact person, written notice of such new address or contact person
shall be promptly sent to the other party.
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S e c t io n 1 1. S E V E RA BI LI T Y
If any provision of this Agreement is held invalid or void, the remainder of this Agreement shall
not be affected thereby if such remainder would then continue to conform to the terms and
requirements of applicable law.
Section 12. AMENDMENTS TO AGREEMENT
This Agreement may be amended, in writing, upof! the express written approval of the governing
bodies of both parties. Applicable amen~_U'l,fplsi*f~}:\he:.,.Allocation Agreement are deemed
incorporated into this Agreement. .,,,: · · . •~•-:::J(f'.,, . - ... ..,i,..,,
r,. · 1 f}~.,.
,il ' .. , _,.,,
This Agreement shall be governed by the laws ofthe State :~; Florida.
, ·.\.
Section 13. GOVERNING LAW
Section 14. TOTALITY OF AGRJ.:EMENT / SEVERABILITY O.F PROVISIONS
This Agreement with its recitals on the first page of the Agreement, signatures on the last page and
exhibit as referenced below contain all the terms and conditions agreed upon by the parties:
Exhibit A: Florida Opioid Allocation and Statewide Response Agreement
[SIGNATURE PAGE TO FOLLOW]
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IN W IT N ESS W H E RE O F, the parties have caused this AG RE EM EN T to be executed in
th e ir re s pective corpora te nam es and their corporate seals to be affi xed by duly authorized
o ffi c e r s , a ll o n th e d a y a n d y e a r fir s t s e t fo rt h a b o v e .
C o u n te rs ig n e d : IS C A Y N E , F L O R ID A
A T T E S T :
CLER K
MIAMI-DADE COUNTY, FLORIDA _ fi (
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~llORrm; COPElAi\HJ CPM
CHIF:f COMMUl~ffV SEf~VICtS OFFICER
fVIIAM!-OADI:£ COUf~nt'p FIL
FORM AND
CY:
BY:
10
RESOLUTION NO. 2022-01
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KE Y BISCAYNE, FLORIDA, APPROVING
THE OPIOID SETTLEMENT INTEIU,OCAL AGREEMENT
WITH MIAMI-DADE COUNTY GOVERNING THE USE OF
OPIOID SETTLEMENT FUNDS ALLOCATED TO THE
MIAMI-DADE COUNTY REGIONAL FUND; PROVIDING
:FOR AUTHORIZATION; PROVIDING }~OR
IMPLEMENTATION; J>ROVIDING :FOR TRANSMITTAL;
AND PROVIDING FOR AN EPFECTIVE DATE.
WHEREAS, the Village of Key Biscayne (the "Village") has suffered harm from the
opioid epidemic; and
WHEREAS, on November 16, 2021, the Village Council adopted Resolution No. 2021-
51 approving a Florida Memorandum of Understanding ("MOU") in order to participate in the
unified plan and framework for the proposed allocation of the opioid settlement proceeds resulting
from the action captioned In Re: National Prescription Opiate Litigation, MDL No. 2804 (NJ).
Ohio) (the "Opioid Funds"); and
WHEREAS, the Village also desires to partner with Miami-Dade County (the "County")
to obtain Opioid Funds allocated to the County Regional Fund; and
WHEREAS, Opioid Funds allocated to the County Regional Fund will be administered
and distributed to municipalities either by a corporate partner selected by the Florida Department
of Children and Families or by the County if it enters into an interlocal agreement governing the
use of Opioid Funds with 50% of municipalities within the County; and
WHEREAS, the County has proposed entering into an interlocal agreement with the
Village, attached hereto as Exhibit "A," that would govern the administration and distribution of
Opioid Funds allocated to the County Regional Fund (the "lnterlocal Agreement"); and
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W H ER EAS, the Village Council finds that approving and authorizing the execution of the
lnterlocal Agreem ent, in substantially the fo rm attached hereto as Exhibit "A," will allow for
greater tra nsparency and com m unication in the adm inistration of the Regional Opioid Funds; and
W H ER EAS, the Village Council finds that this Resolution is in the best interest and
welfa re of the residents of the Vill age.
NOW , THEREFORE , BE IT RE SOLVED BY THE VILLAGE COUNCIL OF THE
VIL LAG E O:F K EY BI SCAYNE, FLOR IDA, AS FOLLOW S:
Section 1. Recitals. That each of the above-stated recitals are hereby adopted,
confir m ed, and incorpora ted herein.
Section 2. Approval. That the Village Council hereby appro ves the Interlocal
Agreem ent, in substantially the form attached hereto as Exhibit "A ."
Section 3. Authorization. Subject to the incorporation of any necessary amendments
to the Inter local Agreement identified by the V illage Attorn ey and appro ved by the County, the
Village M anager is hereby authorized to execute the Interlocal Agreement, in substantially the
fo rm attached hereto as Exhibit "A." The Vill age M anager is fu rther authorized to execute any
required or related agreements, am endments, or docum ents which are required to implement the
pur poses of this Resolution and the In terlocal Agreement, subject to the approval of the Village
Attorn ey as to form, content, and legal suffi ciency.
Section 4. Im plementation. That the Village M anager is hereby authorized to take all
actions necessary to im plem ent the purp oses of this Resolution and the Interlocal Agreement.
Section 5. Transmittal. That the Vill age Council hereby directs the Village Clerk to
transm it a copy of this Resolution to the County Mayor.
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S e c t io n 6 . E ffe c t iv e D a t e .. That this Resolution shall be effective im m ediately upon
adoption.
PASSED and ADOPTED this ~ day of __ ....::J=an=u=nr:y.,__ __ , 2022.
ATT EST: .
~.· ·,:......f
APPR OVED AS TO FORM AND LEGAL SUFFICIE NCY:
WE ISS SEROTA HELFMA N COLE & BIE RM AN, P.L.
VILLAGE ATTORN EY
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