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File ID: #11145
Resolution
Sponsored by: Mayor Francis Suarez, Commissioner Manolo Reyes
A RESOLUTION OF THE MIAMI CITY COMMISSION PURSUANT TO SECTION 18-
112 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY
CODE"), ALLOCATING AMERICAN RESCUE PLAN ACT OF 2021 ("ARPA") FUNDS,
IN AN AMOUNT NOT TO EXCEED ONE MILLION DOLLARS ($1,000,000.00) TO THE
DOWNTOWN DEVELOPMENT AUTHORITY ("DDA"), SO THAT THE DDA CAN
PARTIALLY FUND THE ARPA-ELIGIBLE PORTIONS OF ITS FLAGLER RECOVERY
GRANT PROGRAM, AS DESCRIBED IN EXHIBIT "A", ATTACHED AND
INCORPORATED, AND INCENTIVE FUND PROGRAM, AS DESCRIBED IN EXHIBIT
"B", ATTACHED AND INCORPORATED, 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 FURTHER PROVIDED THAT THE DDA
ACCEPTS SAID FUNDS BY RESOLUTION ("DDA RESOLUTION"); SUBJECT TO
THE RECEIPT BY THE CITY MANAGER OF THE CONSULTANT APPROVAL AND
DDA RESOLUTION, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING MEMORANDA
OF UNDERSTANDING, 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, FOR SAID PURPOSE.
City of Miami
Legislation
Resolution
Enactment Number: R-21-0502
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 11145 Final Action Date:12/9/2021
A RESOLUTION OF THE MIAMI CITY COMMISSION PURSUANT TO SECTION 18-
112 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY
CODE"), ALLOCATING AMERICAN RESCUE PLAN ACT OF 2021 ("ARPA") FUNDS,
IN AN AMOUNT NOT TO EXCEED ONE MILLION DOLLARS ($1,000,000.00) TO THE
DOWNTOWN DEVELOPMENT AUTHORITY ("DDA"), SO THAT THE DDA CAN
PARTIALLY FUND THE ARPA-ELIGIBLE PORTIONS OF ITS FLAGLER RECOVERY
GRANT PROGRAM, AS DESCRIBED IN EXHIBIT "A", ATTACHED AND
INCORPORATED, AND INCENTIVE FUND PROGRAM, AS DESCRIBED IN EXHIBIT
"B", ATTACHED AND INCORPORATED, 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 FURTHER PROVIDED THAT THE DDA
ACCEPTS SAID FUNDS BY RESOLUTION ("DDA RESOLUTION"); SUBJECT TO
THE RECEIPT BY THE CITY MANAGER OF THE CONSULTANT APPROVAL AND
DDA RESOLUTION, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING MEMORANDA
OF UNDERSTANDING, 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, FOR SAID PURPOSE.
WHEREAS, pursuant to Chapter 65-1090, Laws of Florida, in 1967, the City of
Miami ("City") created the Miami Downtown Development Authority of the City of Miami,
Florida ("DDA") and added provisions to the Code of the City of Miami, Florida, as
amended ("City Code"), for the DDA; and
WHEREAS, there is a strong need to partially fund the DDA's Flagler Recovery Grant
Program, as described in Exhibit "A", attached and incorporated, and which was established by
DDA Resolution No. 036/2021("Flagler Program"), and Incentive Fund Program, as described in
Exhibit "B", attached and incorporated, and which was recently expanded on October 29, 2021,
through DDA Resolution No. 046/2021 ("Fund Program") (collectively, "Programs"); and
WHEREAS, on March 11, 2021, President Joseph R. Biden signed the American
Rescue Plan Act of 2021 ("ARPA") into law; and
WHEREAS, ARPA is a historic emergency financial relief and investment package that
addresses the unprecedented public health and economic crisis of the Novel Coronavirus
("COVID-19") pandemic; and
WHEREAS, on June 24, 2021, the City accepted $68,819,708.50 from the United States
Department of the Treasury pursuant to Resolution No. R-21-0268, and the City expects to
receive an additional allocation of $68,819,708.50 in ARPA funds in the year 2022 for a total
amount of $137,639,417.00; 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, pursuant to Section 18-112 of the City Code, it is the direction of the City
Commission to allocate ARPA funds, on a reimbursement basis, in an amount not to exceed
One Million Dollars ("Funds") to the DDA in order to partially fund the eligible portions of the
Programs, as described herein, 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, the Funds shall be allocated on a reimbursement basis, as follows: an
amount not to exceed Five Hundred Thousand Dollars ($500,000.00) shall be allocated for
eligible ARPA uses of the Flagler Program, and an amount not to exceed Two Hundred Fifty
Thousand Dollars ($250,000.00) shall be allocated this fiscal year and next fiscal year, for a
total not to exceed amount of Five Hundred Thousand Dollars ($500,000.00) over the two-year
period, for eligible ARPA uses of the Fund Program; and
WHEREAS, ARPA funds must be obligated by December 31, 2024, and must be spent
by December 31, 2026; and
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, "Law");
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;
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. Pursuant to Section 18-112 of the City Code, the allocation of ARPA Funds in
an amount not to exceed One Million Dollars ($1,000,000.00) to the DDA so that the DDA can
partially fund the ARPA-eligible portions of the Programs, provided that this allocation receives
Consultant Approval from the City's Consultant, and further provided that the DDA accepts the
Funds by resolution ("DDA Resolution"), is approved.'
Section 3. Subject to the receipt by the City Manager of the Consultant Approval and
DDA Resolution, the City Manager is authorized'to negotiate and execute any and all
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.
necessary documents, including memoranda of understanding, amendments, extensions, and
modifications, all in forms acceptable to the City Attorney, subject to compliance with the Law,
for said purpose.
Section 4. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
ndez, City Httor
ey , 11/30/2021