Miami-Dade Legislative Item
File Number: 210138
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File Number: 210138 File Type: Resolution Status: Adopted
Version: 0 Reference: R-86-21 Control: Board of County Commissioners
File Name: EXPEND CARES ACT FUND; TIME TO MUNICIPALITIES Introduced: 1/26/2021
Requester: NONE Cost: Final Action: 2/2/2021
Agenda Date: 2/2/2021 Agenda Item Number: 11A10
Notes: Title: RESOLUTION AMENDING RESOLUTION NO. R-1231-20 TO PROVIDE THAT ANY MUNICIPALITIES THAT HAVE RECEIVED FUNDS FROM THE COUNTY THROUGH THE 2020 CORONAVIRUS AID, RELIEF, AND ECONOMIC SECURITY ACT (CARES ACT) CORONAVIRUS RELIEF FUND FOR CORONAVIRUS DISEASE 2019 (COVID-19) PANDEMIC RESPONSE SHALL HAVE UNTIL SEPTEMBER 30, 2021 TO EXPEND SUCH FUNDS
Indexes: CORONAVIRUS
Sponsors: Keon Hardemon, Prime Sponsor
  Jose "Pepe" Diaz, Co-Sponsor
  Sen. Rene Garcia, Co-Sponsor
  Oliver G. Gilbert, III, Co-Sponsor
  Danielle Cohen Higgins, Co-Sponsor
  Sally A. Heyman, Co-Sponsor
  Eileen Higgins, Co-Sponsor
  Joe A. Martinez, Co-Sponsor
  Kionne L. McGhee, Co-Sponsor
  Jean Monestime, Co-Sponsor
  Raquel A. Regalado, Co-Sponsor
  Rebeca Sosa, 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 2/2/2021 11A10 Adopted P

Board of County Commissioners 1/26/2021 Per Ord 20-38, item placed by BCC Chair without committee review and is not subject to 4-day rule

County Attorney 1/26/2021 Assigned Michael J. Mastrucci 1/26/2021

Legislative Text


TITLE
RESOLUTION AMENDING RESOLUTION NO. R-1231-20 TO PROVIDE THAT ANY MUNICIPALITIES THAT HAVE RECEIVED FUNDS FROM THE COUNTY THROUGH THE 2020 CORONAVIRUS AID, RELIEF, AND ECONOMIC SECURITY ACT (CARES ACT) CORONAVIRUS RELIEF FUND FOR CORONAVIRUS DISEASE 2019 (COVID-19) PANDEMIC RESPONSE SHALL HAVE UNTIL SEPTEMBER 30, 2021 TO EXPEND SUCH FUNDS

BODY
WHEREAS, coronavirus disease 2019 (“COVID-19”) is an infectious disease caused by severe acute respiratory syndrome coronavirus 2, a novel coronavirus that was first identified in December 2019; and
WHEREAS, the disease has spread globally, and on March 11, 2020, the World Health Organization officially declared COVID-19 a pandemic; and
WHEREAS, on March 9, 2020, Governor Ron DeSantis issued Executive Order No. 20-52 declaring a state of emergency for the entire State of Florida as a result of COVID-19; and
WHEREAS, on March 11, 2020, Mayor Carlos A. Gimenez declared a state of emergency for Miami-Dade County; and
WHEREAS, these orders have since been extended; and
WHEREAS, as of January 26, 2021, the total number of confirmed cases of COVID-19 worldwide is nearly 100 million, with approximately 25 million cases in the United States, 1.66 million cases in the State of Florida, and 361,000 cases in Miami-Dade County; and


WHEREAS, to help address the public health emergency and economic downturn set in motion by the COVID-19 pandemic, the United States Congress passed, and on March 27, 2020 President Donald Trump signed into law, H.R. 748, the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”); and
WHEREAS, the CARES Act is a $2 trillion stimulus package which provided, among other things:
* one-time checks of $1,200 to Americans earning a certain income;
* $349 billion in loans to small businesses;
* $17 billion of assistance to companies deemed crucial to national security;
* grants of $25 billion for passenger air carriers, $4 billion for air-cargo carriers, and $3 billion for certain contractors; and
* a $150 billion Coronavirus Relief Fund (“CRF”) for state, tribal, and local governments; and
WHEREAS, the CARES Act requires that the payments to local governments from the CRF only be used to cover expenses that:
* are necessary expenditures incurred due to the public health emergency with respect to COVID-19;
* were not included in the budget most recently approved as of March 27, 2020 for the state or local government; and
* were incurred during the period that begins on March 1, 2020, and ends on December 30, 2020; and
WHEREAS, the State of Florida was allocated $8.328 billion from the CRF, of which the County received $474 million; and
WHEREAS, on August 4, 2020, this Board adopted Resolution No. R-781-20 authorizing the County Mayor to negotiate and execute interlocal 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, interlocal agreements with municipalities throughout the County were subsequently entered into setting forth the terms of the dissemination of such CARES Act CRF funds to the municipalities for reimbursement of such eligible expenditures; and
WHEREAS, on November 13, 2020, this Board adopted Resolution No. R-1158-20 which, among other things, directed the County Mayor to use any CARES Act CRF funds that remain unspent as of December 15, 2020, with the exception of child and adult day care funds reallocated in Resolution No. R-908-20, to offset the County’s own expenses related to COVID-19 mitigation and relief, if fiscally possible within legally available means; and
WHEREAS, on December 1, 2020, this Board adopted Resolution No. R-1231-20 providing that, notwithstanding Resolution No. R-1158-20, any municipalities that have received CARES Act CRF funds from the County for COVID-19 pandemic response shall have as much time as necessary to expend such funds before the December 30, 2020 deadline imposed by the CARES Act; and


WHEREAS, on December 27, 2020, President Donald Trump signed into law H.R. 133, the Consolidated Appropriations Act, 2021 (the “Act”), a $2.3 trillion spending bill that combined $900 billion in stimulus relief for the COVID-19 pandemic in the United States with a $1.4 trillion omnibus spending bill for the 2021 federal fiscal year; and
WHEREAS, although the Act did not provide any new direct aid to state and local governments and did not change the rules governing allowable use of funds under the CARES Act CRF, the Act did extend the deadline by which expenditures under the CARES Act CRF must be incurred from December 30, 2020 to December 31, 2021; and
WHEREAS, accordingly, this Board desires to amend Resolution No. R-1231-20 to allow any municipalities that have received CARES Act CRF funds from the County for COVID-19 pandemic response until September 30, 2021 to expend such funds,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board:
Section 1. Amends Resolution No. R-1231-20 to allow any municipalities that have received CARES Act CRF funds from the County for COVID-19 pandemic response until September 30, 2021 to expend such funds.
Section 2. Authorizes the County Mayor or Mayor’s designee to negotiate and execute any documents necessary to effectuate the purposes of this resolution, including amendments to existing interlocal agreements with the municipalities, following approval of such documents by the County Attorney’s Office for form and legal sufficiency.



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