RE.18 - A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO USE BEST EFFORTS TO SEEK THE FULL DISBURSEMENT AND RECOVERY TO THE CITY OF MIAMI (“CITY”) OF ALL AMOUNTS HELD IN THE HEART OF OUR PARKS FUND (“FUND”) BY THE MIAMI FOUNDATION, INC. (“FOUNDATION”); FURTHER DIRECTING THAT AMOUNTS SO RECOVERED BE DEPOSITED INTO A SPECIAL ACCOUNT MAINTAINED FOR THE BENEFIT OF CITY PARKS AND ALLOCATED EQUALLY AMONG THE CITY’S FIVE (5) CITY COMMISSION DISTRICTS, SUBJECT TO APPROPRIATION; FURTHER DIRECTING THE CITY MANAGER, TO THE EXTENT SUCH RECOVERY IS NOT PERMISSIBLE OR ACHIEVABLE, IN WHOLE OR IN PART, TO USE BEST EFFORTS TO NEGOTIATE AN AMENDMENT TO THE FUND AGREEMENT IMPLEMENTING THE REVISIONS REQUESTED PURSUANT TO RESOLUTION NO. R-25-0357, ADOPTED ON SEPTEMBER 11, 2025, AND PROVIDING GRANT PARAMETERS FOR THE EQUITABLE DISTRIBUTION AND MORE EFFICIENT USE OF FUND RESOURCES FOR THE BENEFIT OF CITY PARKS; FURTHER DIRECTING THE CITY MANAGER TO REPORT BACK TO THE CITY COMMISSION WITHIN SIX...

WHEREAS, the Heart of Our Parks Fund (“Fund”) is held and administered by The Miami Foundation, Inc. (“Foundation”) pursuant to a fund agreement between the City of Miami (“City”) and the Foundation, as amended (“Fund Agreement”), for the benefit of parks and related public purposes within the City; and

WHEREAS, pursuant to Resolution No. R-25-0357, adopted on September 11, 2025, the City Commission requested revisions to the Fund Agreement intended to make Fund resources more readily accessible and functional for the benefit of City parks; and

WHEREAS, the City Commission desires the full and expeditious deployment of Fund resources for the benefit of City parks and, accordingly, that the City seek the full disbursement and recovery of the Fund to the City and, to the extent such recovery is not permissible or achievable, in whole or in part, pursue an amendment to the Fund Agreement as provided herein; and

WHEREAS, the City Commission acknowledges that such recovery may be limited or precluded, in whole or in part, by applicable law, the Fund Agreement, the Foundation’s governing documents and policies, and any restrictions applicable to the Fund; and

WHEREAS, the City Commission finds that the actions directed by this Resolution are in the best interests of the City and its residents and will help ensure that all areas of the City benefit from park improvements supported by the Fund;

NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA:

Section 1.  The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section.

Section 2.  As the City’s first priority, the City Manager is directed to use best efforts to seek the full disbursement and recovery to the City of all amounts held in the Fund by the Foundation. To the extent full recovery is not permissible or achievable, the City Manager shall seek recovery of the greatest portion of such amounts as may be permissible and achievable.

Section 3.  Amounts recovered pursuant to Section 2 shall be deposited into a special account established and maintained by the City, in accordance with the City’s financial policies and procedures, solely for the benefit of City parks. Subject to appropriation and to any restrictions applicable to such amounts, all amounts so deposited shall be allocated equally among the City’s five (5) City Commission districts and used solely for park purposes benefiting the district to which allocated.

Section 4.  To the extent the recovery described in Section 2 is not permissible or achievable, in whole or in part, the City Manager is further directed to use best efforts to negotiate an amendment to the Fund Agreement that (a) implements the revisions requested pursuant to Resolution No. R-25-0357 and (b) provides grant parameters for the equitable distribution and more efficient use of Fund resources for the benefit of City parks. Such efforts may be pursued concurrently with those described in Section 2.

Section 5.  Within sixty (60) days of the effective date of this Resolution, the City Manager shall report to the City Commission on the status of the efforts described in Sections 2 and 4, including any legal, contractual, or practical limitations identified and any recommended further action.

Section 6.  The City Manager is authorized to negotiate and execute all documents, in forms acceptable to the City Attorney, as may be necessary to effectuate the purposes of this Resolution.

Section 7.  The directives contained in this Resolution are subject in all respects to applicable law, the Fund Agreement, the Foundation’s governing documents and policies, and any restrictions applicable to the Fund, and shall not be construed to require any action inconsistent therewith.

Section 8.  This Resolution shall become effective immediately upon its adoption.