HomeMy Public PortalAbout21-9856 The Cares Act FundSponsored by: City Manager
RESOLUTION NO. 21-9856
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA, FLORIDA, APPROVING AN
AMENDMENT OF THE CARES ACT FUND
INTERLOCAL AGREEMENT ENTERED INTO BY THE
CITY OF OPA-LOCKA AND MIAMI-DADE COUNTY TO
EXTEND THE AGREEMENT DEADLINE, AS
DESCRIBED HEREIN; AUTHORIZING THE CITY
MANAGER TO TAKE NECESSARY ACTION;
PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, on August 4, 2020, the Miami -Dade Board of County Commissioners
(the "Board of County Commissioners") adopted Resolution No. R-781-20 which, among
other things, authorized 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; and
WHEREAS, on August 20, 2020, the City Commission of the City of Opa-locka
("City Commission") adopted Resolution 20-9796, authorizing the City Manager to
execute an Interlocal Agreement ("Agreement") between the City of Opa-Locka ("City")
and Miami -Dade County ("County") to authorize the transfer of funds received by the
County through the CARES Act to the City; and
WHEREAS, on December 27, 2020, President Donald Trump signed into law H.R.
133, the Consolidated Appropriations Act, 2021, which extended the deadline by which
expenditures under the CARES Act CRF must be incurred from December 30, 2020 to
December 31, 2021; and
WHEREAS, on January 26, 2021, the Board of County Commissioners adopted
Resolution No. R-86-21, which extended the deadline for municipalities that have
received CARES Act CRF funds from the County for COVID-19 pandemic response until
September 30, 2021 to expend such funds; and
WHEREAS, the City Commission and the Board of County Commissioners now
wish to amend the Agreement, as provided in Exhibit "A", to effectuate the purposes of
Resolution No. R-86-21 and reflect the extended deadline; and
WHEREAS, the City Commission finds it is the best interest of the City and its
residents to amend the interlocal agreement with Miami -Dade County to reflect the
extended deadline.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
Resolution No. 21-9856
CITY OF OPA-LOCKA, FLORIDA, THAT:
Section 1. Adoption of Representations. The foregoing "Whereas" clauses are
hereby ratified and confirmed as being true and the same are hereby made a specific part
of this Resolution.
Section 2. Approval of Amendment of Agreement.
The City Commission of the City of Opa-Locka hereby approves an amendment
of the CARES Act interlocal agreement entered into by the City of Opa-Locka and Miami -
Dade County, as provided in Exhibit "A", to reflect an extended agreement deadline and
further authorizes the City Manager to take all necessary action consistent with this
Resolution.
Section 3. Effective Date. This Resolution shall be effective immediately upon
adoption hereof and approval by the Governor of the State of Florida or his designee.
PASSED and ADOPTED this 24th day of March 2021.
Matthew .'Pigatt, Mayor
ATTEST:
a Flores, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
/F
Burnadette Norr s -Wee F647
s.
Moved by: Commissioner Burke
Seconded by: Commissioner Taylor
Resolution No. 21-9856
VOTE: 5-0
Commissioner Burke YES
Commissioner Davis YES
Commissioner Taylor YES
Vice -Mayor Williams YES
Mayor Pigatt YES
City of Upa-locica
Agenda Cover Memo
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Manager:
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John E. Pate
Department
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03/24/2021
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City Manager
A resolution authorizing the City Manager to enter into an Interlocal Agreement with Miami -Dade County, a
political subdivision of the State of Florida.
Staff Summary:
On January 26, 2021, the Miami -Dade Board of County Commissioners adopted Resolution No. R-86-21, which
extended the deadline for municipalities that have received CARES Act CRF funds from the County for COVID-
19 pandemic response until September 30, 2021 to expend such funds. In order for the City to implement the
deadline extension the City must enter into an "INTERLOCAL AGREEMENT FOR FEDERALLY -FUNDED
SUBAWARD."
Financial Impact
The financial impact is unknown at this time since subsequent programs that may occur as result of the
extension of this program have not yet been defined. It is anticipated that there could be additional
administrative and other expense involved with future programs, but the City has always been full reimbursed
for all expenditures associated with this program.
Proposed Action:
Once the agreement is approved and signed by the City it will be uploaded to the General Policy Documents
section of GMS. This needs to be done before payment can be made for any RI'R that involve post 12/30/20
expenses.
Attachment:
FIRST AMENDMENT TO INTERLOCAL AGREEMENT
FOR FEDERALLY -FUNDED SUBAWARD
This First Amendment ("First Amendment") to Interlocal Agreement dated
(the "Original Agreement") by and between Miami -Dade County, a political subdivision of the State of
Florida (the "County"), and the City of Opa-locka, FL, 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 , 2021.
WHEREAS, on August 4, 2020, the Miami -Dade Board of County Commissioners (the "Board")
adopted Resolution No. R-781-20 which, among other things, authorized 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, the County and the Municipality subsequently entered into the Original 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 27, 2020, President Donald Trump signed into law H.R. 133, the
Consolidated Appropriations Act, 2021, which extended the deadline by which expenditures under the
CARES Act CRF must be incurred from December 30, 2020 to December 31, 2021; and
WHEREAS, accordingly, on January 26, 2021, the Board adopted Resolution No. R-86-21, which
extended the deadline for municipalities that have received CARES Act CRF funds from the County for
COVID-19 pandemic response until September 30, 2021 to expend such funds; and
WHEREAS, by this First Amendment, the Parties now wish to amend the Agreement as set forth
herein to effectuate the purposes of Resolution No. R-86-21; and
WHEREAS, the Parties desire that all other terms and conditions of the Agreement remain in full
force and effect,
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. All Article and Section references shall refer to the
corresponding Article and Section in the Agreement.
3. Affirmation of Agreement. Except as expressly set forth in this First 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 First Amendment,
the terms of this First Amendment shall govern and control in all respects. All references to the Agreement
shall be deemed references to the Original Agreement as amended by this First Amendment.
4. Amendments.
4.1 Article IV Amended. In Article IV, Section C, of the Agreement, "December 30,
2020" is hereby deleted and replaced with "December 31, 2021".
4.2 Article VI Amended. In Article VI, Section A, of the Agreement, "December 30,
2020" is hereby deleted and replaced with "September 30, 2021".
5. 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 First 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 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.
6. 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 First Amendment.
7. Governing Law. This First 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 First Amendment will be in Miami -Dade County, Florida.
8. No Third Party Beneficiary Rights. This First 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.
9. Authority. The individuals who execute this First 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 First Amendment.
IN WITNESS WHEREOF, the parties have executed this Amendment as of the day and year first
written above.
Miami -Dade County, Florida:
By: By:
Edward Marquez Name:
Chief Finance Officer/Finance Director Title:
Date: Date:
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY:
By:
Assistant County Attorney
The City of Opa-Locka:
ATTEST:
JoAnna Flores, City Clerk
Dated:
Approved as to form and legal sufficiency
for the use of and reliance by the City of
Opa-Locka only:
awkp E,sy. , ,,(
City Attorney
Burnadette Norris -Weeks, P.A.
By:
John E. Pate,
City Manager