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Home My WebLink AboutR-18-0221City of Miami Resolution R-18-0221 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 4057 Final Action Date: 5/24/2018 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5) AFFIRMATIVE VOTE, RATIFYING, APPROVING, AND CONFIRMING THE NECESSARY ACTIONS AND SUBMISSIONS BY THE CITY MANAGER, THE FINANCE DIRECTOR, THE BUDGET DIRECTOR, THE PROCUREMENT DIRECTOR, AND ALL OTHER DESIGNATED CITY OFFICIALS AND CITY DEPARTMENTS OF ANY AND ALL REQUESTS ON BEHALF OF THE CITY OF MIAMI ("CITY") FOR HURRICANE IRMA (A) EMERGENCY CIRCUMSTANCES AND EXIGENCY CIRCUMSTANCES COST AND EXPENSE REIMBURSEMENTS FROM THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY ("DHS") THROUGH THE FEDERAL EMERGENCY MANAGEMENT AGENCY ("FEMA") AND THE STATE OF FLORIDA ("STATE") DIVISION OF EMERGENCY MANAGEMENT ("DIVISION"), WHICH ARE CURRENTLY ESTIMATED AT THIRTY-FOUR MILLION ONE HUNDRED NINETY-THREE THOUSAND TWO HUNDRED TWENTY-EIGHT DOLLARS ($34,193,228.00), AND (B) REIMBURSEMENTS FROM INSURANCE PROCEEDS BASED ON CLAIMED LOCATIONS IN AN ESTIMATED AMOUNT OF NINE MILLION FOUR HUNDRED TWENTY-NINE THOUSAND THREE HUNDRED SEVENTY-THREE DOLLARS ($9,429,373.00), ALL AS SET FORTH GENERALLY ON COMBINED EXHIBIT "A"; ESTABLISHING TWO (2) SEPARATE NEW SPECIAL REVENUE PROJECTS, RESPECTIVELY ENTITLED "HURRICANE IRMA FEDERALLY FUNDED SUBAWARDS AND GRANTS FISCAL YEAR 2017-2018" AND "HURRICANE IRMA INSURANCE PROCEEDS AWARDS FISCAL YEAR 2017-2018" AND APPROPRIATING FUNDS FOR THE REIMBURSEMENTS OF CITY FUNDS ADVANCED AND EXPENDED AND FOR RELATED MITIGATION COSTS AND EXPENSES FOR REPAIRS AND REPLACEMENTS, ALL IN CONNECTION WITH HURRICANE IRMA, IN THE AMOUNT(S) OF MULTIPLE GRANTS AND SUBAWARDS (COLLECTIVELY, "GRANT AWARDS") CONSISTING OF GRANTS AND SUBGRANTS FROM FEMA, WHETHER DIRECTLY TO THE CITY OR THROUGH THE DIVISION, AND CONSISTING OF MULTIPLE INSURANCE PROCEED AWARDS ("INSURANCE PROCEEDS AWARDS"); AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AWARDS AND INSURANCE PROCEED AWARDS IN CONNECTION WITH THE SUBMISSIONS AS SET FORTH IN COMBINED EXHIBIT "A," AND TO NEGOTIATE AND EXECUTE FEDERALLY -FUNDED SUBAWARD AGREEMENTS AND GRANT AGREEMENTS (COLLECTIVELY, "GRANT AGREEMENTS") AND ANY AND ALL NECESSARY INSURANCE AGREEMENTS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND ANY AND ALL OTHER NECESSARY DOCUMENTS IN ORDER TO IMPLEMENT THE ACCEPTANCE OF AND COMPLIANCE WITH SAID MULTIPLE GRANT AWARDS AND MULTIPLE INSURANCE AWARDS; FURTHER AUTHORIZING THE CITY MANAGER TO EXTEND SAID MULTIPLE GRANT AGREEMENTS City of Miami Page 1 of 4 File ID: 4057 (Revision:) Printed On: 3/31/2025 File ID: 4057 Enactment Number: R-18-0221 (FISCAL YEAR 2017-2018) AND INSURANCE AGREEMENTS (FISCAL YEAR 2017-2018) AS NECESSARY AND TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER RELATED MODIFICATIONS, AMENDMENTS, RENEWALS, AND EXTENSIONS ON ALL RELATED MATTERS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; AMENDING THE CITY'S APPROPRIATIONS RELATING TO THE CITY'S OPERATING BUDGET AND THE MULTI -YEAR CAPITAL PLAN FOR THE FISCAL YEAR 2017-2018, BOTH AS PREVIOUSLY AMENDED, IN CONNECTION WITH THE CITY'S HURRICANE IRMA EMERGENCY CIRCUMSTANCES AND EXIGENCY CIRCUMSTANCES EXPENDITURES AS NECESSARY FROM THE DISASTER FUND, THE IRMA FUND 80000 ACCOUNT; RATIFYING, APPROVING, AND CONFIRMING CERTAIN NECESSARY ACTIONS OF THE CITY MANAGER, THE FINANCE DIRECTOR, THE BUDGET DIRECTOR, THE PROCUREMENT DIRECTOR, OTHER DESIGNATED CITY OFFICIALS, AND DESIGNATED CITY DEPARTMENTS TO UPDATE THE RELEVANT FINANCIAL CONTROLS, PROJECT CLOSE-OUTS, ACCOUNTING ENTRIES, AND COMPUTER SYSTEMS IN CONNECTION THEREWITH AND FOR ONGOING HURRICANE IRMA FUNDING COMPLIANCE AND INSURANCE COMPLIANCE, REPAIRS, RELATED WORK, AND MULTIPLE GRANT AWARDS AND INSURANCE PROCEED AWARDS IN PROGRESS; AND PROVIDING FOR APPLICABLE EFFECTIVE DATES. WHEREAS, as Hurricane Irma approached the State of Florida ("State") and the City of Miami ("City"), the State's Governor declared a state of emergency on September 4, 2017 and on September 8, 2017, the City's Mayor declared a state of emergency pursuant to federal, state, and local laws with said hurricane striking the City on September 8, 2017; and WHEREAS, before, during, and after Hurricane Irma, the City Manager, the Finance Director, the Budget Director, the Procurement Director, other Designated City Officials, and Designated City Departments have undertaken the steps necessary under emergency circumstances and exigency circumstances to submit Hurricane Irma costs and expenses for reimbursement to the Federal Emergency Management Agency ("FEMA") and for insurance proceed awards; and WHEREAS, pursuant to federal laws, the United States Department of Homeland Security ("USDHS") through FEMA is authorized to provide funds to local governments directly through grants and to states for subsequent distribution to local governments through subawards to assist and address the eligible reimbursable costs and expenses of natural disasters in emergency circumstances and exigency circumstances and to address mitigation, repairs, replacements, and resiliency measures to protect against future natural disasters; and WHEREAS, also pursuant to federal laws, including 2 C.F.R. Section 200.92, the USDHS through FEMA is authorized to grant funds to the states and pursuant to Section 215.97(1), Florida Statutes, the State of Florida Division of Emergency Management ("Division") has sub -granted and continues to sub -grant multiple federally funded subawards and grants to the City for the Fiscal Year ("FY") 2017-2018 in various amounts in connection with the City's costs and expenses expended due to Hurricane Irma emergency circumstances and exigency circumstances, and as requested on Combined Exhibit "A", attached hereto and made a part hereof, currently estimated at Thirty -Four Million One Hundred Ninety -Three Thousand Two Hundred Twenty -Eight Dollars ($34,193,228.00); and WHEREAS, the City will use said grants and subaward funds to reimburse the City for eligible costs and expenses advanced relating to Hurricane Irma and to address the necessary City of Miami Page 2 of 4 File ID: 4057 (Revision:) Printed on: 3/31/2025 File ID: 4057 Enactment Number: R-18-0221 repairs, replacements, mitigation, and resiliency efforts at the City's facilities, all as set forth generally on Combined Exhibit "A;" and WHEREAS, the City has also requested from its insurers to be reimbursed as applicable under the City's insurance policies and coverages for the City's eligible insurable costs and expenses expended due to Hurricane Irma, all as set forth generally on Combined Exhibit "A" and, if necessary, may be required to enter into related insurance agreements (collectively, "Insurance Agreements"); and WHEREAS, it is also in the best interests of the City to amend and approve certain necessary expenditures from the Disaster Fund, the Irma Fund 80000 Account, and to ratify, approve, and confirm certain necessary actions of the City Manager, the Finance Director, the Budget Director, the Procurement Director, and all other designated City officials and City Departments before, during, and after Hurricane Irma for taking the necessary processes to submit Hurricane Irma costs and expenses for emergency circumstances and exigent circumstances for reimbursement to FEMA; for taking the necessary processes to submit Hurricane Irma eligible insurable costs and expenses for reimbursement to the City's insurers; and in order to update the relevant financial controls, project close-outs, accounting entries, and computer systems in connection therewith and for ongoing Hurricane Irma funding compliance, repairs, related work, and multiple sub - awards and grant awards (collectively, "Grant Awards") and multiple insurance proceed awards (collectively, "Insurance Proceeds Awards") in progress; 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. By a four -fifths (4/5ths) affirmative vote, the necessary actions and submissions by the City Manager, the Finance Director, the Budget Director, the Procurement Director, and all other designated City officials and City Department of any and all requests on behalf of the City for Hurricane Irma (A) emergency circumstances and exigency circumstances cost and expense reimbursements from DHS through FEMA and the Division currently estimated at Thirty -Four Million One Hundred Ninety -Three Thousand Two Hundred Twenty - Eight Dollars ($34,193,228), and (B) reimbursements from insurance proceeds (Insurance Proceeds") based on claimed locations estimated at Nine Million Four Hundred Twenty -Nine Thousand Three Hundred Seventy -Three Dollars ($9,429,373.00), all as generally set forth on Combined Exhibit "A," attached and incorporated, are ratified, approved, and confirmed. Section 3. and resources are FUND TITLE: RESOURCES: The following two (2) separate new Special Revenue Funds are established appropriated as described below: Hurricane Irma Federally Funded Subawards and Grants Fiscal Year 2017-2018 The United States Department of Homeland Security through the Federal Emergency Management Agency and the State of Florida Division of Emergency Management $34,193,228.00 APPROPRIATIONS: Multiple FEMA and Division Subawards and Grants $34,193,228.00 City of Miami Page 3 of 4 File ID: 4057 (Revision:) Printed on: 3/31/2025 File ID: 4057 Enactment Number: R-18-0221 For the reimbursements of City funds advanced and expended and for related mitigation costs and expenses for repairs and replacements, all in connection with Hurricane Irma emergency circumstances and exigency circumstances, in the amount(s) of multiple Grant Awards from FEMA, whether directly to the City or through the Division; and FUND TITLE: Hurricane Irma Insurance Proceeds Awards Fiscal Year 2017-2018 RESOURCES: Multiple City Insurance Proceeds Awards $9,429,373.00 APPROPRIATIONS: multiple City Insurance Proceeds Awards $9,429,373.00 Section 4. The City Manager is authorizedm1 to accept said Grant Awards and Insurance Proceed Awards in connection with the submissions as set forth in Combined Exhibit "A" and to negotiate and execute Grant Agreements and any and all necessary Insurance Agreements, all in a form acceptable to the City Attorney, and any and all other necessary documents, in a form acceptable to the City Attorney, in order to implement the acceptance of and compliance with said multiple Grant Awards and multiple Insurance Proceed Awards. Section 5. The City Manager is further authorized' to extend said multiple Grant Agreements (FY 2017-2018) and Insurance Agreements (FY 2017-2018) as necessary and to negotiate and execute any and all other related modifications, amendments, renewals, and extensions on all related matters, all in a form acceptable to the City Attorney. Section 6. The City's appropriations and expenditures relating to The Disaster Fund, The Irma Fund 80000 Account in connection with the City's Hurricane Irma emergency circumstances and exigency circumstances expenditures, are amended and approved. Section 7. Certain necessary actions of the City Manager, the Finance Director, the Budget Director, the Procurement Director, other designated City officials, and designated City Departments to update the relevant financial controls, project close-outs, accounting entries, and computer systems in connection therewith and for ongoing Hurricane Irma funding compliance and insurance compliance, repairs, related work, and multiple Grant Awards and Insurance Proceed Awards in progress, are ratified, approved, and confirmed. Section 8. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.[21 APPROVED AS TO FORM AND CORRECTNESS: endez, City Httor5/1512018 i'I 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 City Code provisions. [2] If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 4 of 4 File ID: 4057 (Revision:) Printed on: 3/31/2025