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Resolution: R-21-0453
File Number: 10954
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 10/28/2021
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
ALLOCATING FUNDS, AS DEFINED HEREIN, IN AN AMOUNT NOT TO
EXCEED FOURTEEN MILLION THREE HUNDRED THOUSAND DOLLARS
($14,300,000.00) TO THE CITY -OWNED PROPERTIES, BUILDINGS, AND
STRUCTURES DESCRIBED IN EXHIBIT "A," ATTACHED AND
INCORPORATED (COLLECTIVELY, "CITY PROJECTS"), WHERE FOUR
MILLION DOLLARS ($4,000,000.00) OF THE TOTAL EIGHT MILLION
DOLLARS ($8,000,000.00) ALLOCATED TO WEST END PARK POOL
ENHANCEMENTS ("ENHANCEMENTS"), AS DESCRIBED IN EXHIBIT "A,"
ATTACHED AN INCORPORATED, IS ALLOCATED IMMEDIATELY AND THE
REMAINING FOUR MILLION DOLLARS ($4,000,000.00) IS ALLOCATED ON
THE CONDITION THAT THE CITY RECEIVES THE SECOND TRANCHE OF
AMERICAN RESCUE PLAN ACT OF 2021 ("ARPA") FUNDS IN THE YEAR
2022, SO THAT THE CITY OF MIAMI ("CITY") CAN REHABILITATE THE CITY
PROJECTS, PROVIDED THAT THIS ALLOCATION IS APPROVED IN
WRITING BY THE CITY'S ARPA CONSULTANT ("CONSULTANT
APPROVAL"), WHO IS TO BE RETAINED BY THE CITY PURSUANT TO
REQUEST FOR QUOTATION NO. 1431386 AND WHO WILL SUPPORT
EFFECTIVE MANAGEMENT AND OVERSIGHT OF ARPA FUNDING,
INCLUDING CONSULTATION FOR ENSURING COMPLIANCE WITH LEGAL,
REGULATORY, AND OTHER REQUIREMENTS; SUBJECT TO THE RECEIPT
BY THE CITY MANAGER OF THE CONSULTANT APPROVAL, AUTHORIZING
THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL
NECESSARY DOCUMENTS, INCLUDING AMENDMENTS, EXTENSIONS,
AND MODIFICATIONS, ALL IN FORMS ACCEPTABLE TO THE CITY
ATTORNEY, SUBJECT TO COMPLIANCE WITH ALL APPLICABLE FEDERAL,
STATE OF FLORIDA, LOCAL, AND CITY LAWS, RULES, AND REGULATIONS,
IN ORDER TO ALLOCATE THE FUNDS TO THE CITY PROJECTS.
SPONSOR(S): Commissioner Manolo Reyes
WHEREAS, there is a strong need to rehabilitate the City of Miami -owned properties,
buildings, and structures identified in Exhibit "A," attached and incorporated (collectively, "City
Projects"); and
WHEREAS, in the avoidance of doubt, the rehabilitation project identified as "West End
Park Pool Enhancements" in Exhibit "A" ("Enhancements"), will receive an immediate allocation
of four million dollars ($4,000,000.00), and will receive a conditional allocation of four million
dollars ($4,000,000.00) from Second Tranche funds, as defined herein, on the condition that the
City of Miami ("City") receives the second tranche of American Rescue Plan Act of 2021
("ARPA") funds in the approximate amount of sixty eight million eight hundred nineteen
City of Miami Page 1 of 3 File ID: 10954 (Revision:) Printed On: 112812022
File ID: 10954 Enactment Number: R-21-0453
thousand seven hundred eight dollars and fifty cents ($68,819,708.50) in the year 2022
("Second Tranche"); and
WHEREAS, Resolution No. 21-0352, adopted on September 13, 2021, identified
$23,900,000.00 in total funding recommendations with $113,739,417.00 identified as "Revenue
Loss," which is a dollar amount that is still to be reviewed by the City's Consultant, as defined
herein; and
WHEREAS, 31 CFR Part 35, which is a subpart of ARPA ("Interim Final Rule"), states
that "Recipients may use payments from the Fiscal Recovery Funds for the provision of
government services to the extent of the reduction in revenue experienced due to the COVID-
19 public health emergency"; and
WHEREAS, the United State Department of the Treasury's Interim Final Rule
establishes a methodology that each recipient of ARPA funds can use to calculate its reduction
in revenue, and once a shortfall in revenue is identified, recipients will have broad latitude to use
this funding to support government services, up to this amount of lost revenue; and
WHEREAS, the City has identified its revenue shortfall, which is a dollar figure that must
still be reviewed by the City's Consultant, as defined herein, and it is the desire of the City
Commission to allocate funds that have been previously used to replace lost revenue through
ARPA ("Funds") to support the government services identified in Exhibit "A"; and
WHEREAS, pursuant to Request for Quotation No. 1431386 ("RFQ 1431386"), the City
is currently in the process of obtaining ARPA consulting services ("City's Consultant"); and
WHEREAS, the City's Consultant will support effective management and oversight of
ARPA funding, including consultation for ensuring compliance with legal, regulatory, and other
requirements; and
WHEREAS, since the City's Consultant has not been obtained at the time of this
Commission Meeting, the approval of this allocation shall be subject to the prior written approval
by the City's Consultant; and
WHEREAS, it is the direction of the City Commission to allocate Funds in an amount not
to exceed fourteen million three hundred thousand dollars ($14,300,000.00) to the City Projects,
where four million dollars ($4,000,000.00) of the total eight million dollars ($8,000,000.00)
allocated to the Enhancements is allocated immediately and the remaining four million dollars
($4,000,000.00) is allocated on the condition that the City receives the Second Tranche, so that
City can rehabilitate the City Projects, provided that this allocation is approved in writing by the
City's Consultant ("Consultant Approval"), who is to be retained by the City pursuant to RFQ
1431386; and
WHEREAS, in the event that the City's Consultant reviews this allocation and does not
provide Consultant Approval, then this allocation must return to City Commission for further
clarification and City Commission action; and
WHEREAS, ARPA funds must be obligated by December 31, 2024, and must be spent
by December 31, 2026; and
City of Miami Page 2 of 3 File ID: 10954 (Revision:) Printed on: 112812022
File ID: 10954
Enactment Number: R-21-0453
WHEREAS, this allocation shall be in compliance with all applicable Federal, State of
Florida, local, and City laws, rules, and regulations, including but not limited to ARPA
(collectively, "Laws");
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as fully set forth in this Section.
Section 2. The allocation of Funds in an amount not to exceed fourteen million three
hundred thousand dollars ($14,300,000.00) to the City Projects, where four million dollars
($4,000,000.00) of the total eight million dollars ($8,000,000.00) allocated to the Enhancements
is allocated immediately and the remaining four million dollars ($4,000,000.00) is allocated on
the condition that the City receives the Second Tranche, so that the City can rehabilitate the City
Projects, provided that this allocation receives Consultant Approval from the City's Consultant,
is approved.'
Section 3. Subject to the receipt by the City Manager of the Consultant Approval, as
described herein, the City Manager is authorized' to negotiate and execute any and all
necessary documents, including amendments, extensions, and modifications, all in forms
acceptable to the City Attorney, subject to compliance with all Laws, in order to allocate the
Funds to the City Projects.
Section 4. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
i ria i ndez ECity ttar iey 10/1912021
' 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 Code
provisions.
City of Miami Page 3 of 3 File ID: 10954 (Revision:) Printed on: 112812022
Exhibit "A"
Revenue Reallocation $14,300,000
1) Badia Center Facility & Flagami Park Renovation, Project # 40-13203515, Amount
$2,800,000.00
2) Shenandoah Park Pool Renovation, Project # 40-1340563, Amount $2,500,000.00
3) West End Park Pool Enhancements, Project # 40-Bl83505, Amount
$8,000,000.00
4) Shenandoah Mini Park Right of Way Improvements, Project # 40-13203518,
Amount $500,000.00
5) Swannanoa Mini Park Right of Way Improvements, Project # 40-13203519,
Amount $ 500,000.00