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