Special City Council Meeting

City of Miami Gardens Special City Council Meeting Agenda December 16, 2020 at 10:00 AM City Council: Staff: Mayor Rodney Harris City Manager Cameron Benson Vice Mayor Reggie Leon City Attorney Sonja K. Dickens, Esq. Councilwoman Shannon Campbell City Clerk Mario Bataille, CMC Councilwoman Shannan Ighodaro Councilwoman Linda Julien Contact: Councilman Robert Stephens, III Council Chambers Councilwoman Katrina Wilson 18605 NW 27th Avenue Miami Gardens, Florida 33056 Phone: (305) 914-9010 Fax: (305) 914-9033 Website: www.miamigardens-fl.gov Meeting Livestream: https://miamigardens.civicweb.net/Portal/Video.aspx Next Regular Meeting Date: January 13, 2020 **Special Notice to the Public** The City Council meeting will be streamed live on the City's website via the Agenda Web Portal at https://miamigardens.civicweb.net/Portal/Video.aspx and YouTube Live as the City Council Chambers will be closed to the public but an exemption will be made for the allowance of one individual at a time to enter Council Chambers in order to address the City Council during the Open Public Comment portion of the City Council meeting, on a particular item, or during a quasi-judicial public hearing. Zoom will be available as an additional means for public participation. Any member of the public who wishes to provide public comment via zoom can pre-register by visiting https://miamigardens.zoom.us/meeting/register/tJcqc-upqDIpGdKW0Vdwj-3PUOyO2Z9ckEMy Any member of the public who wishes to provide public comment in person must pre- registering with the City Clerk at least one hour prior to the meeting by emailing mbataille@miamigardens-fl.gov. City of Miami Gardens Resolution No. 2020-136-3533 established procedures for meetings of the City Council while the City remains under a declared State of Emergency due to the Coronavirus/COVID-19 pandemic and are consistent with social distancing recommendations intended to protect the life and safety of individuals in the community. City Hall remains closed to the public but exception will be made for the allowance of one individual at a time to enter Council Chambers in order to address the City Council during the Open Public Comment portion of the City Council meeting, on a particular item, or during a quasi-judicial public hearing. The only individuals that will be present physically at all time during these City Council Meetings are the Mayor, City Council, Charter Officers, Deputy City Manager, Deputy City Clerk, Assistant City Attorney, and a I.T. support staff members. Page 1 of 13 Article VII of the Miami Gardens Code entitled, “Lobbyist” requires that all lobbyists before engaging in any lobbying activities to register with the City Clerk and pay a one-time annual fee of $250.00. This applies to all persons who are retained (whether paid or not) to represent a business entity or organization to influence “City” action. “City” action is broadly described to include the ranking and selection of professional consultants, and virtually all-legislative, quasi-judicial and administrative action. All not-for-profit organizations, local chamber and merchant groups, homeowner associations, or trade associations and unions must also register however an annual fee is not required. Page 1. CALL TO ORDER/ROLL CALL 2. INVOCATION 3. PLEDGE OF ALLEGIANCE 4. PUBLIC COMMENTS Any member of the public who wishes to provide public comment via zoom can pre-register by visiting - https://miamigardens.zoom.us/meeting/register/tJcqc- upqDIpGdKW0Vdwj-3PUOyO2Z9ckEMy Any member of the public who wishes to provide public comment in person must pre-registering with the City Clerk at least one hour prior to the meeting by emailing mbataille@miamigardens-fl.gov. 5. RESOLUTION(S) 5.1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI 3 - 13 GARDENS, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE RESPECTIVELY THAT CERTAIN ADDENDUM TO THE INTERLOCAL AGREEMENT WITH MIAMI-DADE COUNTY FOR CARES ACT FUNDING, ATTACHED HERETO AS EXHIBIT “A;” AUTHORIZING THE MAYOR AND CITY MANAGER TO TAKE ANY ALL STEPS THAT MAY BE NECESSARY TO RECEIVE THE CARES ACT FUNDING; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by: Mayor Rodney Harris Agenda Cover Memo #20-247 - Pdf 6. ADJOURNMENT Page 2 of 13 Agenda Item #5.1 City of Miami Gardens Agenda Cover Memo 20-247 Meeting: Special City Council Meeting - Dec 16 2020 Department Sponsored By Mayor and City Council Mayor Rodney Harris Agenda Item Title A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE RESPECTIVELY THAT CERTAIN ADDENDUM TO THE INTERLOCAL AGREEMENT WITH MIAMI-DADE COUNTY FOR CARES ACT FUNDING, ATTACHED HERETO AS EXHIBIT “A;” AUTHORIZING THE MAYOR AND CITY MANAGER TO TAKE ANY ALL STEPS THAT MAY BE NECESSARY TO RECEIVE THE CARES ACT FUNDING; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. Staff Summary At the December 7, 2020, special meeting of the Board of County Commissioners, a motion was adopted to amend Resolution No. R-781-20 to allow Miami-Dade county municipalities access to $75,000,000.00 in funds previously allocated through the 2020 Coronavirus Aid, Relief, and Economic Security Act (CARES Act) Coronavirus Relief Fund. This fund is designated for CARES Act eligible coronavirus disease (COVID-19) related programs through grants from the County. The existing Memorandum of Understanding between the City of Miami Gardens (City) and Miami-Dade County restricts the City’s access to apply for the $75,000,000.00 in grant funds. Currently, the City anticipates receiving an Addendum from the Miami-Dade County Attorney’s office to amend our existing Memorandum of Understanding to allow the City access to effectuate the purposes of the aforementioned grant funds. Mayor Rodney Harrris is requesting that the City Council authorize the City Manager to take all necessary steps to ensure inclusion of the Miami-Dade county Addendum language related to the 2020 Coronavirus Aid, Relief, and Economic Security Act (CARES Act) Coronavirus Relief Fund by updating our existing Memorandum of Understanding; which is required for the City’s access and application for the 75,000,000.00 in grant funds. Fiscal Impact TBD Recommended Action Page 3 of 13 Agenda Item #5.1 That the City Council approve the attached Addendum amending the existing Memorandum of Understanding with Miami-Dade county, granting the City access to 75,000,000.00 in grant funds to effectuate the purposes of such funds. Attachments Resolution 2020 - CARES ACT addendum Exhibit A - Amendment to Interlocal Agreement re. $75M CARES Act Allocation to Municipalities Page 4 of 13 Agenda Item #5.1 1 RESOLUTION NO. 2020____ 2 3 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI 5 GARDENS, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK 6 TO EXECUTE RESPECTIVELY THAT CERTAIN ADDENDUM TO THE 7 INTERLOCAL AGREEMENT WITH MIAMI-DADE COUNTY FOR CARES 8 ACT FUNDING, ATTACHED HERETO AS EXHIBIT “A;” AUTHORIZING 9 THE MAYOR AND CITY MANAGER TO TAKE ANY ALL STEPS THAT 10 MAY BE NECESSARY TO RECEIVE THE CARES ACT FUNDING; 11 PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; 12 PROVIDING FOR AN EFFECTIVE DATE. 13 14 15 WHEREAS, on June 3, 2020, the City Council adopted a Resolution urging 16 Mayor Carlos Giminez and Miami Dade County to share funds that the County has 17 received under the Coronavirus Aid, Relief and Economic Security Act (CARES Act) 18 funding with the municipalities in Miami-Dade County, and 19 WHEREAS, Mayor Giminez and Miami-Dade County agreed to share a portion of 20 the funding that it has received under the CARES Act with the City of Miami Gardens, 21 and the parties executed an Interlocal Ageement for that purpose, and 22 WHEREAS, additional funding in the amount of $75,000,000 is available for 23 funding from the CARES Act funding given to Miami Dade County, and 24 WHEREAS, the attached Addendum will allow the City access to the additional 25 funds, and 26 WHEREAS, Mayor Rodney Harrris is requesting that the City Council authorize 27 the execution of the Agreement and authorize the City Manager to take all necessary 28 steps to execute the Addendum and take all steps necessary to receive the additional 29 funding, 30 31 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 32 OF MIAMI GARDENS, FLORIDA AS FOLLOWS: Page 5 of 13 Agenda Item #5.1 33 Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 34 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 35 made a specific part of this Resolution. 36 Section 2: AUTHORIZATION. The City Council hereby authorizes the Mayor 37 and City Clerk to execute and attest respectively that certain Addendum to the Interlocal 38 Agreement with Miami Dade County for CARES Act funding, attached hereto as Exhibit 39 “A;” The City Council further authorizes the Mayor and City Manager to take any and 40 all steps required to received CARES Act funding from Miami Dade County. 41 Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 42 upon its final passage. 43 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 44 GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2020. 45 46 ___________________________________ 47 RODNEY HARRIS, MAYOR 48 49 50 51 ATTEST: 52 53 54 __________________________________ 55 MARIO BATAILLE, CITY CLERK 56 57 58 PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 59 60 61 SPONSORED BY: MAYOR RODNEY HARRIS 62 63 64 65 66 67 2 Page 6 of 13 Agenda Item #5.1 68 Moved by: __________________ 69 70 VOTE: _________ 71 72 Mayor Rodney Harris ____ (Yes) ____ (No) 73 Councilwoman Shannon Campbell ____ (Yes) ____ (No) 74 Councilwoman Shannan Ighodaro ____ (Yes) ____ (No) 75 Councilwoman Linda Julien ____ (Yes) ____ (No) 76 Councilman Reggie Leon ____ (Yes) ____ (No) 77 Councilman Robert Stephens, III ____ (Yes) ____ (No) 78 Councilwoman Katrina Wilson ____ (Yes) ____ (No) 79 80 3 Page 7 of 13 Agenda Item #5.1 AMENDMENT TO INTERLOCAL AGREEMENT FOR FEDERALLY-FUNDED SUBAWARD This Amendment (“Amendment”) to Interlocal Agreement dated [DATE OF INTERLOCAL] (the “Agreement”) by and between Miami-Dade County, a political subdivision of the State of Florida (the “County”), and [MUNICIPALITY], a municipal corporation located within the geographic boundaries of Miami-Dade County, Florida (the “Municipality”, and together with the County, the “Parties”), is entered into this ____ day of December, 2020. WHEREAS, on August 4, 2020, the Miami-Dade Board of County Commissioners (the “Board”) adopted Resolution No. R-781-20 which, among other things, authorizes the County Mayor or Mayor’s designee to negotiate and execute interlocal grant agreements with each of the municipalities in the County, using a total of not-to-exceed $100,000,000.00 in CARES Act CRF funds allocated as follows: (1) $75,000,000.00 for reimbursement of FEMA local match eligible expenditures and any CARES Act eligible governmental operations expenditures that are not FEMA reimbursable, and (2) $25,000,000.00 for municipal programmatic proposals subject to approval in advance by the Board; and WHEREAS, on [DATE OF INTERLOCAL], the County and the Municipality entered into an Interlocal Agreement setting forth the terms of the dissemination of such CARES Act CRF funds to the Municipality for reimbursement of such eligible expenditures; and WHEREAS, on December 7, 2020, the Board adopted Resolution No. R-1236-20 which amended Resolution No. R-781-20 to allow municipalities to use the $75,000,000.00 in previously allocated CARES Act CRF funds for CARES Act eligible COVID-19 related programs through grants from the County with grant requirements similar to those in existing CARES Act CRF grant agreements with notfor-profit entities, with priority given to eviction prevention and rental assistance programs; and WHEREAS, Resolution No. R-1236-20 further provided that such authority would be in addition to the previously-approved authority for municipalities to use such funds for reimbursement of FEMA local match eligible expenditures and any CARES Act eligible governmental operations expenditures that are not FEMA reimbursable; and WHEREAS, the Parties wish to amend the Agreement as set forth herein to effectuate the purposes of Resolution No. R-1236-20, NOW THEREFORE, in consideration of the mutual covenants and promises contained herein, the Parties agree as follows: 1. Recitals. The foregoing recitals are incorporated herein by this reference. 2. Capitalized Terms. Except as otherwise defined herein, capitalized terms shall have the meanings assigned to them in the Agreement. 3. Affirmation of Agreement. Except as expressly set forth in this Amendment, the Agreement shall remain unmodified and in full force and effect, and is hereby affirmed and ratified. In the event of any inconsistency between the terms of the Agreement and the terms of this Amendment, Page 8 of 13 Agenda Item #5.1 the terms of this Amendment shall govern and control in all respects. All references to the Agreement shall be deemed references to the Agreement as amended hereby. 4. Definitions. The Definition of “Funds” under the Agreement is hereby amended, and a new definition “Request for Advancement” is hereby added, as follows: F. “Funds” shall mean any CARES Act CRF funds disbursed to the Municipality for reimbursement or advancement of eligible expenditures in accordance with the terms and conditions set forth in this Agreement. L. “Request for Advancement” shall have the meaning set forth in Article VI(H) of this Agreement. 5. Article II Amended. Article II(B) of the Agreement is hereby amended to read as follows: B. Both the County and the Municipality are expected to remain in compliance with the CRF Guidance, the CRF FAQ, and the Treasury OIG Memoranda as outlined in Exhibits 1, 2, 3 and 3-1 and as may be amended by the Treasury from time to time. The County’s reimbursement or advancement of an expenditure will be based on the information available at that time. If further clarification from the Treasury later determines such expenditure to be ineligible, the Municipality shall return any Funds received for such expenditure to the County in accordance with the provisions of Article X of this Agreement. 6. Article V Amended. The first paragraph of Article V of the Agreement is hereby amended to read as follows: The County’s Contract Manager shall be responsible for enforcing performance of this Agreement’s terms and conditions and shall serve as the County’s liaison with the Municipality. As part of his/her duties, the Contract Manager for the County shall monitor, review, and document all activities and expenditures for which the Municipality requests reimbursement or advancement. 7. Article VI Amended. Article VI, sections (A), (E) and (G) of the Agreement are hereby amended, and new sections (H), (I), (J) and (K) are hereby added, as follows: A. The Municipality may seek reimbursement under this Agreement for the following eligible expenditures incurred during the period beginning March 1, 2020 and ending December 30, 2020: 1. FEMA Public Assistance (PA) local match eligible expenditures; 2. CRF eligible governmental operations expenditures that are not FEMA reimbursable; Page 9 of 13 Agenda Item #5.1 3. Expenditures for CRF eligible economic support and assistance programs that have been approved in advance by the Miami-Dade Board of County Commissioners; and 4. Expenditures for other CRF eligible COVID-19 related programs. *** E. Requests for Reimbursement by the Municipality for (1) CRF eligible governmental operations expenditures that are not FEMA reimbursable, (2) expenditures for CRF eligible economic support and assistance programs that have been approved in advance by the Miami-Dade Board of County Commissioners, and (3) expenditures for other CRF eligible COVID-19 related programs, shall be governed by the requirements and procedures set forth in Article VI(F), (G) and (K) below. *** G. If any expenditure for which the Municipality received Funds is subsequently determined not to be an eligible expenditure under section 601(a) of the Social Security Act as implemented in the CRF Guidance and CRF FAQ, the Municipality shall return any Funds received from the County for such expenditure to the County in accordance with the provisions of Article X of this Agreement. H. Notwithstanding any other provisions in this Agreement, the County will, subject to the availability of Funds and upon written request by the Municipality (a “Request for Advancement”), provide a fifty percent (50%) advance disbursement to the Municipality for expenditures for CRF eligible COVID-19 related programs. The total amount of Funds payable to the Municipality through Requests for Advancement shall not exceed fifty percent (50%) of the difference between the total amount of Funds requested by the Municipality through Requests for Reimbursement and the total amount of Funds already allotted to the Municipality. Requests for Advancement shall be governed by the requirements and procedures set forth in Article VI(G) above and Article VI(I), (J) and (K) below, and shall further be governed by the same requirements and procedures as Requests for Reimbursement set forth in Article VII below. Additionally, Requests for Advancement must include the following documents as attachments: 1. A scope of work (“Scope of Work”) detailing the proposed initiatives, services, and/or expenditures for which the Municipality seeks advancement of Funds. The Municipality shall render services in accordance with the Scope of Work. 2. A budget (“Budget”) based upon reasonable projections to accomplish the Scope of Work. The Budget shall, at a minimum, detail in individual line items the dollar amounts allocated to outside entities and the amounts to be retained by the Municipality for staffing and/or administrative expenses. The Municipality agrees that all expenditures or costs shall be made in accordance with the Budget. Page 10 of 13 Agenda Item #5.1 I. Prior to the disbursement of any Funds pursuant to a Request for Advancement, the Municipality shall submit the Request for Advancement and all attachments and supporting documentation set forth in Article VI(H) above via the County’s On-line Portal. The County will then review said documentation for sufficiency and costs for eligibility, and if the County determines that the proposed expenditures are eligible, will provide a fifty percent (50%) advance disbursement to the Municipality for such eligible expenditures in an expedited manner, subject to the availability of Funds. If the County requires additional documentation to determine eligibility, the Municipality shall timely provide such documentation upon written request from the County. If the County determines that the expenditures are not eligible, then no Funds will be disbursed to the Municipality for said expenditures. J. Any Funds disbursed to the Municipality which have not been expended prior to December 30, 2020 are subject to recapture by the County. The Municipality agrees that such Funds, upon receipt by the Municipality, shall be transferred to, and be administered by the Municipality from, a separate account and shall continuously be held, tracked, and administered from such separate account for the duration of this Agreement and in accordance with the purposes and restrictions set forth in this Agreement. K. The Parties agree that the County will prioritize, in accordance with Resolution No. R-1236-20, the processing of Requests for Reimbursement and Requests for Advancement for expenditures for eviction prevention and rental assistance programs. 8. Article IX Amended. Article IX(B) of the Agreement is hereby amended to read as follows: B. If Funds are not available to satisfy a Request for Reimbursement or Request for Advancement under this Agreement, as a result of action by the United States Congress, the Federal Office of Management and Budget, the Miami-Dade Board of County Commissioners, the County Chief Financial Officer, or under Article X(B) of this Agreement, all obligations on the part of the County to make any further payment of Funds shall terminate, and the Municipality shall submit its closeout report within thirty (30) days of receiving notice from the County. 9. Article XIX Amended. Article XIX(B) of the Agreement is hereby amended to read as follows: B. Withhold or suspend payment of all or any part of a Request for Reimbursement or Request for Advancement. 10. Severability. In the event that any condition, covenant, or other provision herein contained is held to be invalid or void by any court of competent jurisdiction, the same shall be deemed severable from the remainder of this Amendment and shall in no way affect any other condition, covenant, or other provision herein contained. If such condition, covenant, or other provision shall be Page 11 of 13 Agenda Item #5.1 deemed invalid due to its scope or breadth, such condition, covenant, or other provision shall be deemed valid to the extent of the scope and breadth permitted by law. 11. Further Action/Amendment. The Parties shall execute and deliver all documents, provide all information, and take or forbear from all such action as may be necessary or appropriate to achieve the purposes of this Amendment. 12. Governing Law. This Amendment shall be construed, performed, and enforced in all respects in accordance with the laws and rules of the State of Florida. Venue or location for any legal action arising under this Amendment will be in Miami-Dade County, Florida. 13. No Third Party Beneficiary Rights. This Amendment is not intended to create, nor shall it be in any way interpreted or construed to create, any third party beneficiary rights in any person not a Party hereto. 14. Authority. The individuals who execute this Amendment represent and warrant that they are duly authorized to execute this instrument on behalf of each Party and that no other signature, act, or authorization is necessary to bind the Parties to this Amendment. IN WITNESS WHEREOF, the parties have executed this Amendment as of the day and year first written above. Miami-Dade County, Florida: [Municipality]: By: _________________________________ By: _________________________________ Edward Marquez Name: Chief Finance Officer/Finance Director Title: Date: _______________________ Date: _____________________ APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: _________________________________ Assistant County Attorney Page 12 of 13 Agenda Item #5.1 Page 13 of 13