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HomeMy WebLinkAboutR-20-0264City of Miami Resolution R-20-0264 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 7873 Final Action Date: 9/10/2020 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN INTERLOCAL AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH MIAMI-DADE COUNTY ("COUNTY") FOR THE DISTRIBUTION OF CORONAVIRUS AID, RELIEF, AND ECONOMIC SECURITY ("CARES") ACT CORONAVIRUS RELIEF FUNDS ("CRF") TO THE CITY OF MIAMI ("CITY"); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER APPLICABLE DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY FOR SAID PURPOSE AND IN COMPLIANCE WITH APPLICABLE LAWS, RULES, AND REGULATIONS; FURTHER AUTHORIZING THE CITY MANAGER TO ACCEPT, BUDGET, ALLOCATE, AND APPROPRIATE ANY AND ALL CARES ACT CRF FUNDS AWARDED TO THE CITY PURSUANT TO THE COUNTY'S REIMBURSEMENT PROCESS, THE INTERLOCAL AGREEMENT, OR ANY OTHER APPLICABLE DOCUMENTS. WHEREAS, on March 11, 2020, the World Health Organization declared the Novel 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, the CARES Act appropriated nearly half a billion dollars from the CRF to Miami -Dade County ("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 City of Miami Page 1 of 3 File ID: 7873 (Revision:) Printed On: 5/6/2025 File ID: 7873 Enactment Number: R-20-0264 WHEREAS, the City has 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, at the August 4, 2020 Special Meeting of the Miami -Dade Board of County Commissioners ("Board"), the Board allocated a total amount not -to -exceed $100,000,000.00 in CARES Act CRF funds to the municipalities in the County as follows: $75,000,000.00 for reimbursement of Federal Emergency Management Agency ("FEMA") local match eligible expenditures as well as CARES Act eligible governmental operations expenditures that are not FEMA reimbursable and $25,000,000.00 for municipal programmatic proposals subject to approval in advance by the Board (collectively, "Municipal CARES Reimbursement Funds"); and WHEREAS, on or about August 7, 2020, the County provided the City with information on the reimbursement and application process for Municipal CARES Reimbursement Funds through the County's Grants Management System ("County Reimbursement Process"); and WHEREAS, the City desires to participate in the County Reimbursement Process to be reimbursed for necessary and eligible costs incurred by the City due to the COVID-19 pandemic; and WHEREAS, the County requires municipalities participating in the County Reimbursement Process to execute an Interlocal Agreement prior to receiving Municipal CARES Reimbursement Funds; and WHEREAS, the City Commission believes it is in the best interest of the City to authorize the City Manager to negotiate and execute an Interlocal Agreement with the County, in a form acceptable to the City Attorney, for the receipt of Municipal CARES Reimbursement Funds; and WHEREAS, nothing in this Resolution shall be interpreted as a waiver of any of the rights afforded to the City or that the City may exercise in law or equity; and WHEREAS, pursuant to Section 2-33(f) of the Code of the City of Miami, Florida, as amended, the 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 contained in the Preamble to this Resolution are adopted by referenced and incorporated as if fully set forth in this Section. Section 2. The City Manager is authorized to negotiate and execute an Interlocal Agreement, in a form acceptable to the City Attorney, with the County for the distribution of Municipal CARES Reimbursement Funds. 1 The herein authorization is further subject to compliance with all legal requirements that may be imposed, including but not limited to those prescribed by applicable City Charter and City Code provisions. City of Miami Page 2 of 3 File ID: 7873 (Revision:) Printed on: 5/6/2025 File ID: 7873 Enactment Number: R-20-0264 Section 3. The City Manager is further authorized' to negotiate and execute any and all other applicable documents, including any amendments, renewals, and extensions, all in forms acceptable to the City Attorney, as may be necessary for said purpose and in compliance with all applicable laws, rules, and regulations. Section 4. The City Manager is further authorized1 to accept, budget, allocate, and appropriate any and all Municipal CARES Reimbursement Funds awarded to the City pursuant to the County Reimbursement Process, the Interlocal Agreement, or any other applicable documents without further approval of the City Commission. Section 5. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: ndez, ity Attor ey 9/10/2020 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 3 of 3 File ID: 7873 (Revision:) Printed on: 5/6/2025