Miami-Dade Legislative Item
File Number: 201989
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File Number: 201989 File Type: Resolution Status: Adopted
Version: 0 Reference: R-1138-20 Control: Board of County Commissioners
File Name: CORONAVIRUS AID, RELIEF, AND ECONOMIC SECURITY (CARES) ACT Introduced: 9/25/2020
Requester: Finance Department Cost: Final Action: 10/26/2020
Agenda Date: 10/26/2020 Agenda Item Number:
Notes: SPECIAL ITEM NO. 9 Title: RESOLUTION APPROVING (1) THE CERTIFICATION EXECUTED BY MIAMI-DADE COUNTY’S MAYOR ON APRIL 14, 2020 ON BEHALF OF MIAMI-DADE COUNTY IN ORDER TO REQUEST DIRECT PAYMENT FROM THE UNITED STATE TREASURY DEPARTMENT PURSUANT TO SECTION 601(A) OF THE SOCIAL SECURITY ACT, AS AMENDED BY SECTION 5001 OF THE CORONAVIRUS AID, RELIEF, AND ECONOMIC SECURITY (CARES) ACT; AND (2) THE FEDERALLY FUNDED SUBAWARD AND GRANT AGREEMENT WITH THE STATE OF FLORIDA; RETROACTIVELY AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR'S DESIGNEE TO EXECUTE THE CERTIFICATION AND THE GRANT AGREEMENT; RECEIVE AND EXPEND FUNDS AWARDED BASED ON THE CERTIFICATION AND THROUGH THE GRANT AGREEMENT CONSISTENT WITH BOARD POLICY; AND EXECUTE ANY AMENDMENTS OR EXTENSIONS OF THE GRANT AGREEMENT, AND TO APPLY FOR, RECEIVE, AND EXPEND ADDITIONAL FUNDS RELATED TO THE CORONAVIRUS DISEASE 2019 (COVID-19) DISASTER DECLARATION FOR WHICH THE COUNTY IS OR MAY BECOME ELIGIBLE UNDER THE ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY ASSISTANCE ACT
Indexes: CARES ACT
Sponsors: Esteban L. Bovo, Jr., Co-Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 10/26/2020 Special Item No. 9 Adopted P

Chairwomans Policy Council 10/16/2020 3A Forwarded to the BCC by the BCC Chairperson with a favorable recommendation P
REPORT: The Clerk of the Board received documentation from the County Attorney's Office to allow the foregoing proposed resolution to be considered at the October 26, 2020, Special BCC meeting.

Office of the Chairperson 10/15/2020 Additions

County Attorney 10/9/2020 Assigned Eric A. Rodriguez 10/10/2020

County Attorney 10/8/2020 Assigned Office of Agenda Coordination 10/8/2020
REPORT: Item returned

County Attorney 10/6/2020 Assigned Eric A. Rodriguez 10/7/2020

Office of Agenda Coordination 10/6/2020 Assigned County Attorney 11/19/2020
REPORT: Finance - Attorney: Eric A. Rodriquez - pending October cmte - no sponsor - Attachments: none - item has 94 pages - Late Memo attached - Note: Revised resolution

County Attorney 10/5/2020 Assigned Office of Agenda Coordination 10/5/2020
REPORT: Item returned

County Attorney 9/28/2020 Assigned Eric A. Rodriguez 9/30/2020

County Attorney 9/26/2020 Assigned Office of Agenda Coordination 9/26/2020
REPORT: Item returned

Office of Agenda Coordination 9/25/2020 Assigned County Attorney 11/19/2020
REPORT: Finance - pending October cmte - no sponsor - Attachments: none - item has 7 pages - Note: Late Memo attached

Ed Marquez 9/25/2020 Assigned Office of Agenda Coordination

Legislative Text


TITLE
and Members, Board of County Commissioners From: Carlos A. Gimenez
Mayor Subject: Resolution Retroactively Authorizing the County Mayor or County Mayor�s
Designee to Execute Disaster Relief Funding Related to the COVID-19
Disaster Declaration

STAFF RECOMMENDATION
Recommendation
It is recommended that the Board of County Commissioners (Board) approve the attached resolution retroactively authorizing the following:
1. The certification executed by the County Mayor on April 14, 2020 on behalf of Miami-Dade County in order to request direct payment from the United State Treasury Department pursuant to section 601(a) of the Social Security Act, as amended by section 5001 of the Coronavirus Aid, Relief, and Economic Security (CARES) Act, Pub. L. No. 116-136, division A, Title V (March 27, 2020).
2. The Mayor or Mayor�s designee to retroactively execute the Federally Funded Subaward and Grant Agreement (Grant Agreement) with the State of Florida (State) related to the COVID-19 Disaster Declaration. Approval and execution of the Grant Agreement is required under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. �� 5121-5206 (the �Stafford Act�) in order for the County to be reimbursed for costs associated with the COVID-19 Disaster Declaration.
Scope
The Grant agreement provides for reimbursement of COVID-19 projects eligible for emergency funding under the Social Security Act and the Stafford Act. The impact is countywide in nature.

Fiscal Impact/Funding Source
The County received funding totaling $474,085,078.50 from the United States Treasury Department under the Coronavirus Relief Fund (CRF) which was established by the CARES Act. The CARES Act provides that payments from the CRF may only be used to cover costs that: 1) are necessary expenditures incurred during the public health emergency with respect to the Coronavirus Disease 2019 (COVID-19); 2) were not accounted for in the budget most recently approved as of March 27, 2020; and 3) were incurred during the period that begins on March 1, 2020, and ends on December 30, 2020.

The Federally Funded Subaward and Grant Agreement with the State of Florida is a cost reimbursement agreement subject to the availability of Federal Emergency Management Administration (FEMA) funds. The amount of total available funding for this subgrant is limited to the amount obligated by FEMA for all projects approved for the County for the COVID-19

emergency. Reimbursement of these expenses will be provided at 75 percent Federal cost share and the remaining 25 percent will be covered by the State and the County.

Additionally, in an email to governors� offices on May 19, 2020, the White House announced that the state and local governments may use Coronavirus Relief Fund (CRF) dollars provided under the CARES Act, to pay for FEMA�s 25 percent cost share requirements under the Stafford Act.

Track Record/Monitor
The Grant Agreement will be monitored by Edward Marquez, Deputy Mayor / Finance Director, and Jennifer Moon, Deputy Mayor / Budget Director, along with their respective departments, Finance and the Office of Management and Budget, to ensure compliance with Federal and State laws and regulations, and maintain books, records, and documents in accordance with accounting procedures and practices.

Delegated Authority
This item retroactively approves the County Mayor�s certification that allowed for the acceptance of the funding received from the United States Treasury Department under the Coronavirus Relief Fund (CRF). Additionally, this item retroactively authorizes the Mayor or the Mayor�s designee to execute Federally Funded Subaward and Grant Agreement with the State of Florida associated with FEMA�s declaration of the COVID-19 emergency and any revisions. The item further delegates to the Mayor or the Mayor�s designee the authority to execute any amendments, revisions, or extensions of the Grant Agreement and any agreements or certificates required to be entered into by the County in order for the County to receive funds under the Stafford Act related to the COVID-19 National Emergency; and to apply for, receive, and expend additional funds related to the COVID-19 National Emergency for which the County is eligible under the Stafford Act.

Background
The United States Congress passed, and on March 27, 2020, the President signed into law, H.R. 748, The Coronavirus Aid, Relief, and Economic Security Act. The CARES Act established the $150 billion Coronavirus Relief Fund. The United States Treasury Department made payments to States and eligible units of local Governments. The County received funding totaling $474,085,078.50.

On March 13, 2020, President Trump declared a nationwide emergency pursuant to Section 501(b) of the Stafford Act. This declaration made Miami-Dade County eligible for Federal funds for eligible emergency protective measures taken to respond to the COVID-19 emergency at the direction or guidance of public health officials, under Category B of FEMA�s Public Assistance Program. FEMA assistance will be provided at the 75 percent Federal cost share. Subsequent to the declaration of the emergency, Federal law required that a disaster relief funding agreement be executed between the State of Florida, Division of Emergency Management and the County to be eligible to receive disaster relief assistance. In order to expedite the process, the County entered into the Grant Agreement on August 28, 2020 without first seeking Board approval. This item requests that the Board retroactively approve the Grant Agreement and any subsequent revisions or amendments to the Grant Agreement.


___________________
Edward Marquez
Deputy Mayor



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