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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #7721 Date: 08/03/2020 Commission Meeting Date: 08/03/2020 Requesting Department: City Commission Sponsored By: Francis Suarez District Impacted: Type: Resolution Subject: Opposing Miami -Dade County's Report "Coronavirus Relief Fund (CRF) Financial Updates and Strategy" Budget Impact Analysis Total Fiscal Impact: City Commission Legislative Division Office of Management and Budget Office of the City Attorney Office of the City Attorney Office of the City Attorney Office of the City Clerk Reviewed B Nicole Ewan Valentin J Alvarez Christopher M Rose Xavier Alban Barnaby L. Min Victoria Mendez City Clerk's Office Meeting Legislative Division Review Budget Review ACA Review Deputy Attorney Review Approved Form and Correctness Rendered Completed 08/03/2020 10:30 AM Completed 08/03/2020 2:45 PM Completed 08/03/2020 4:21 PM Completed 08/03/2020 4:40 PM Completed 08/03/2020 5:30 PM Completed 08/03/2020 6:07 PM Completed 08/03/2020 6:11 PM City of Miami Legislation Resolution Enactment Number: R-20-0243 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 7721 Final Action Date:8/3/2020 A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A THREE FOURTHS (3/4THS) VOTE, FINDING THAT AN IMMEDIATE DANGER TO THE HEALTH, SAFETY, OR WELFARE OF THE PUBLIC REQUIRES IMMEDIATE ACTION AND THAT SIGNIFICANT LEGAL RIGHTS WILL BE COMPROMISED IF A COURT PROCEEDING DOES NOT TAKE PLACE BEFORE COMPLIANCE WITH THE PROVISIONS OF CHAPTER 164, FLORIDA STATUTES, THE "FLORIDA GOVERNMENTAL CONFLICT RESOLUTION ACT;" AUTHORIZING THE CITY ATTORNEY TO TAKE ANY AND ALL ACTIONS NECESSARY, IN LAW OR EQUITY, BEFORE A STATE COURT, FEDERAL COURT, ADMINISTRATIVE BODY, OR ANY OTHER APPLICABLE ENTITY TO SEEK RELIEF FROM OR RELATING TO MIAMI-DADE COUNTY'S ("COUNTY") REFUSAL TO APPROPRIATELY SHARE CORONAVIRUS AID, RELIEF, AND ECONOMIC SECURITY ("CARES") ACT FUNDING WITH THE CITY OF MIAMI ("CITY"); STRONGLY OPPOSING THE COUNTY REPORT TITLED, "CORONAVIRUS RELIEF FUND (CRF) FINANCIAL UPDATES AND STRATEGY" PRESENTED TO THE MIAMI-DADE COUNTY BOARD OF COUNTY COMMISSIONERS ("COUNTY COMMISSION") AT ITS VIRTUAL SPECIAL MEETING ON JULY 27, 2020 ("JULY 27TH CRF REPORT"); STRONGLY URGING COUNTY MAYOR CARLOS GIMENEZ AND THE COUNTY COMMISSION TO RECONSIDER THE ACCEPTANCE OF THE JULY 27TH CRF REPORT AND TO DISTRIBUTE CARES ACT CORONAVIRUS RELIEF FUNDS TO THE CITY AND TO OTHER MUNICIPALITIES WITHIN THE COUNTY BASED ON POPULATION; STRONGLY OPPOSING COUNTY RESOLUTION, FILE NUMBER 201544, SPECIAL ITEM NO. 5, TITLED "RESOLUTION SETTING COUNTY POLICY THAT THE COUNTY SHALL CONSIDER THE UNINCORPORATED MUNICIPAL SERVICE AREA (UMSA) A MUNICIPALITY FOR PURPOSES OF ALLOCATING AND DISTRIBUTING FUNDS MADE AVAILABLE THROUGH THE 2020 CORONAVIRUS AID, RELIEF, AND ECONOMIC SECURITY ACT (CARES ACT'), THE PROPOSED HEALTH AND ECONOMIC RECOVERY OMNIBUS EMERGENCY SOLUTIONS ACT (HEROES ACT'), H.R. 6800, OR SIMILAR LEGISLATION; DIRECTING THE COUNTY MAYOR OR COUNTY MAYOR'S DESIGNEE TO EQUITABLY INCLUDE UMSA IN ANY ALLOCATIONS AND DISTRIBUTIONS OF CARES ACT OR SIMILAR FEDERAL FUNDS TO MUNICIPALITIES" ON THE AUGUST 4, 2020 COUNTY COMMISSION SPECIAL MEETING AGENDA; DIRECTING THE CITY CLERK TO TRANSMIT A CERTIFIED COPY OF THIS RESOLUTION TO THE OFFICIALS NAMED HEREIN. WHEREAS, on March 11, 2020, the World Health Organization declared the Coronavirus Disease 2019 ("COVID-19") a pandemic; and WHEREAS, the City of Miami ("City") declared a State of Local Emergency on March 12, 2020; and WHEREAS, pursuant to the State of Local Emergency, the City has taken all prudent actions necessary to protect the health, safety, and welfare of the community; and WHEREAS, the Coronavirus Aid, Relief, and Economic Security ("CARES") Act was signed into law on March 27, 2020 and appropriated $150 billion of direct federal funding for state and local governments to address unforeseen financial needs and risks created by the COVID-19 pandemic; and WHEREAS, states and units of local government with more than five hundred thousand (500,000) residents have received direct federal funding through the Coronavirus Relief Fund ("CRF"); and WHEREAS, twelve (12) localities in the State of Florida ("State") received direct federal funds and no municipality in the State except for the consolidated City/County government of Jacksonville/Duval County received direct funding; and WHEREAS, the CARES Act appropriated nearly half a billion dollars ($474,085,078.50) from the CRF to Miami -Dade County ("County"), making this the largest amount in direct federal funding provided to any eligible local government in the State; and WHEREAS, the City is the most populous municipality within the County; and WHEREAS, the City has taken unprecedented steps in response to the impact of the COVID-19 pandemic on its community including hosting various testing and feeding sites that have served residents from throughout the County; and WHEREAS, the City has experienced unforeseen financial needs and risks created by the COVID-19 pandemic; and WHEREAS, other municipalities within the County have also experienced unforeseen financial needs and risks created by the COVID-19 pandemic; and WHEREAS, these activities, though necessary, caused the City to incur expenditures that were not accounted for in the City's Fiscal Year 2019-2020 approved budget; and WHEREAS, the City is now seeking financial assistance to address the unbudgeted expenditures and financial risks created by the COVID-19 pandemic; and WHEREAS, in conversations with the Miami -Dade County League of Cities ("League"), the County committed to transferring CARES Act funds to municipalities within the County; and WHEREAS, the municipalities within the County negotiated with representatives from County Mayor Carlos Gimenez's ("Gimenez") Office and Gimenez himself in good faith through the League; and WHEREAS, at the July 8, 2020 County Board of County Commissioners ("County Commission") Meeting, Gimenez presented a report titled "Coronavirus Relief Fund (CRF) Financial Update and Strategies" that stated approximately $135 million would be earmarked for municipalities within the County; and WHEREAS, on July 27, 2020, Gimenez issued a report titled "Coronavirus Relief Fund (CRF) Financial Update and Strategies" ("July 27th CRF Report") for a County Commission meeting recommending that the total amount of CRF funds set aside for cities would be $30 million rather than $135 million; and WHEREAS, the municipalities, individuals, and organizations who were negotiating in good faith with Gimenez regarding the municipal share of CRF funds were provided no notice whatsoever regarding the radical change in the Mayor's recommendation despite repeated attempts to receive information prior to the County Commission Meeting; and WHEREAS, the City is strongly opposed to the July 27th CRF Report, which fails to consider population as a determining factor for distribution; and WHEREAS, the County has and continues to allocate CRF funds to other entities and items continuously decreasing the amount of CRF funds available to the City to address the unforeseen financial needs and risks created by the COVID-19 pandemic; and WHEREAS, the City believes that all units of government, whether federal, state, or local, have an obligation to act in good faith and in a fair and transparent manner, especially during times of emergency; and WHEREAS, the Miami City Commission finds, by a three -fourths (3/4) vote, that an immediate danger to the health, safety, or welfare of the public requires immediate action and that significant legal rights will be compromised if a court proceeding does not take place before compliance with the provisions of Chapter 164, Florida Statutes, the "Florida Governmental Conflict Resolution Act;" and WHEREAS, pursuant to Section 2-33(f) of the Code of the City of Miami, Florida, as amended, the Miami City Commission, by a majority vote, deems this Resolution to be of an emergency nature in order to immediately protect the public's health, welfare, and safety; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings set forth in the Preamble to this Resolution are hereby adopted by reference and incorporated herein as if fully set forth in this Section. Section 2. By a three -fourths (3/4) vote, the Miami City Commission finds that an immediate danger to the health, safety, or welfare of the public requires immediate action and that significant legal rights will be compromised if a court proceeding does not take place before compliance with the provisions of Chapter 164, Florida Statutes, the "Florida Governmental Conflict Resolution Act." Section 3. The City Attorney is authorized to take any and all actions necessary, in law or equity, before a state, federal, administrative, or other body to seek relief from and related to the County's refusal to appropriately share CARES Act funding from the County with the City. Section 4. The City Commission strongly opposes the July 27th CRF Report presented to the County Commission at its virtual special meeting on July 27, 2020. Section 5. The City Commission strongly urges Gimenez and the County Commission to reconsider the acceptance of the July 27th CRF Report and to distribute CARES Act CRF to the City and to other municipalities within the County based on population. Section 6. The City Commission strongly opposes County Resolution, File Number 201544, Special Item No. 5, titled "Resolution Setting County Policy That the County Shall Consider the Unincorporated Municipal Service Area (UMSA) a Municipality for Purposes of Allocating and Distributing Funds Made Available Through the 2020 Coronavirus Aid, Relief, and Economic Security Act (CARES ACT'), the Proposed Health and Economic Recovery Omnibus Emergency Solutions Act (HEROES ACT'), H.R. 6800, or Similar Legislation; Directing the County Mayor or County Mayor's Designee to Equitably Include UMSA in any Allocations and Distributions of CARES ACT or Similar Federal Funds to Municipalities" on the August 4, 2020 County Commission Special Meeting Agenda. Section 7. The City Clerk is directed to transmit a certified copy of this Resolution to Gimenez and the Members of the County Commission. Section 8. The Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: ndez, ity Attor ey 8/3/2020