Loading...
HomeMy WebLinkAbout2022-011-3724_-_American_Rescue_Plan_Act_-_Adopted.docxRESOLUTION NO. 2022-011-3724 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO ALLOCATE AMERICAN RESCUE PLAN ACT FUNDS FOR REVENUE REPLACEMENT, INVESTMENT IN INFRASTRUCTURE, PREMIUM PAY AND COVID RELEIF. WHEREAS, in March of 2021, the United States Congress passed, and President Biden signed into law, the American Rescue Plan Act of 2021 (“ARPA”), Section 9901 of the American Rescue Plan Act of 2021 (Pub. L. No. 117-2, §9901) added section 603(a) to the Social Security Act (“ARPA”), which created the Coronavirus Local Fiscal Recovery Fund for the purpose of providing funds to local governments in order to facilitate the ongoing recovery from the COVID-19 pandemic (“Fiscal Recovery Funds”), and WHEREAS, under ARPA, the City was allocated a total of $27,114,344, and WHEREAS, the funds will be received in two (2) tranches; the first in the amount of $13,557,172 has been received, and WHEREAS, the second tranche will be received twelve (12) months after the first, and WHEREAS, ARPA requires that Fiscal Recovery Funds be committed by December 31, 2024 and used by December 31, 2026, and WHEREAS, the guidelines require that any unused funds as of December 2026 be returned, and WHEREAS, eligible uses of ARPA funds include, responding to the public health emergency or its negative economic impacts, providing premium pay to eligible workers performing essential work, reimbursement for loss of revenue, and making the necessary investment in infrastructure, and WHEREAS, use of funds are subject to the requirements of the Interim Final Rule adopted by the Treasury, and WHEREAS, the Interim Final Rule states that within the eligible use categories outlined in ARPA, governments have flexibility to determine how best to use payments to meet the needs of their communities, and WHEREAS, ARPA funds may be used to provide premium pay to eligible workers performing work during the COVID-19 health emergency, and WHEREAS, the Interim Final Rule defines essential work as work involving regular interactions or regular physical handling of items that were handled by others, and DocuSign Envelope ID: 920DA483-6079-4DD2-95BC-ADA120934D23 Page 2 of 4 Resolution No. 2022-011-3724 WHEREAS, the definition of eligible worker is “those workers needed to maintain the continuity of operations of essential critical infrastructure sectors as each government designated as critical to protect the health and well-being of the residents,” and WHEREAS, it is proposed that approximately $2,500,000 of the ARPA funds be allocated for Premium Pay for employees currently employed by the City, and WHEREAS, it is further recommended that two (2) categories of eligibility and premium pay dollar amounts be approved based on an employee's status as full-time or part-time, and WHEREAS, category 1: Full-Time employees would be granted $3,500 in premium pay due to their potential exposure and interaction with the general public as well as items touched by the public in the community or within City facilities, and WHEREAS, there are approximately 500 full-time employees eligible for Category 1 Premium Pay, WHEREAS, category 2: Part-Time employees would be granted $1,750 in premium pay due to their potential exposure and interaction with the general public as well as items touched by the public in the community or within City facilities, and WHEREAS, there are approximately 80 part-time employees eligible for Category 2 Premium Pay, and WHEREAS, premium pay will be paid as a non-pensionable, lump sum payment on a special payroll on January 31, 2022, and WHEREAS, there are other municipalities that have applied ARPA funds toward premium pay, and many are in the process of allocating the funds for their employees at this time, and WHEREAS, Jacksonville, West Palm Beach, Wilton Manors, South Miami and the City of Miami are providing premium pay to employees who worked during the pandemic, and WHEREAS, on October 28, 2020, the City Council approved Resolution No. 2020- 132-3530, executing the Memorandum of Understanding with the Dade County Police Benevolent Association, Inc. and Miami Dade County, authorizing a one percent (1%) pay adjustment to first responders retroactive to March 1, 2020 through December 30, 2020 funded through the CARES Act, and WHEREAS, ARPA funding must be allocated in the four (4) broad categories listed above, and DocuSign Envelope ID: 920DA483-6079-4DD2-95BC-ADA120934D23 Page 3 of 4 Resolution No. 2022-011-3724 The allocations will be as follows:  Reimbursement of lost revenue - $10,000,000  Responding to the public health emergency or its negative economic impacts – $5,614,344  Premium Pay - $2,500,000  Investments in Water, Sewer, Broadband and other eligible Capital Improvements - $9,000,000 WHEREAS, it is recommended that the City Council approve the proposed premium pay disbursement, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA AS FOLLOWS: Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas paragraphs are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Resolution. Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens hereby authorizes the City Manager the use of the Coronavirus State and Local Fiscal Recovery Funds (SLFRF) program, a part of the American Rescue Plan Act (ARPA), for a one time non-pensionable premium pay to all employees of the City of Miami Gardens performing work during the Covid-19 Health Emergency. Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately upon its final passage. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON JANUARY 26, 2022. ________________________________ RODNEY HARRIS, MAYOR ATTEST: ________________________________ MARIO BATAILLE, CMC, CITY CLERK DocuSign Envelope ID: 920DA483-6079-4DD2-95BC-ADA120934D23 Page 4 of 4 Resolution No. 2022-011-3724 PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY SPONSORED BY: CAMERON BENSON, CITY MANAGER Moved by: Vice Mayor Leon Seconded by: Councilman Stephens VOTE: 7-0 Mayor Harris Yes Vice Mayor Leon Yes Councilwoman Campbell Yes Councilwoman Ighodaro Yes Councilwoman Julien Yes Councilman Stephens, III Yes Councilwoman Wilson Yes DocuSign Envelope ID: 920DA483-6079-4DD2-95BC-ADA120934D23