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HomeMy WebLinkAboutAgenda Item Cover Page` AGENDA ITEM COVER PAGE * °°°°° ...... ' File ID: #11847 O H x Resolution Sponsored by: Commissioner Christine King A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING AND RECOMMENDATION, ATTACHED AND INCORPORATED AS EXHIBIT "C," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI ("CITY") PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"); WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; ALLOCATING AND APPROPRIATING AMERICAN RESCUE PLAN ACT OF 2021 ("ARPA") CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS, ON A REIMBURSEMENT BASIS, IN A TOTAL AMOUNT NOT TO EXCEED TWO MILLION DOLLARS ($2,000,000.00) ("GRANT") TO THE BAKEHOUSE ART COMPLEX, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("BAKEHOUSE"), IN ORDER TO UNDERTAKE REPAIRS AND RENOVATIONS TO THE STRUCTURE AND ENVELOPE OF BAKEHOUSE'S BUILDING, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS FOR SAID PURPOSE; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A GRANT AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH BAKEHOUSE AND ANY AND ALL OTHER NECESSARY DOCUMENTS, MODIFICATIONS, AND AMENDMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. c-,IV _ ov City of Miami City Hall IILi11 11°Tt° 3500 Pan American Drive °1 Legislation Miami, FL 33133 r o"`g a °) Resolution www.miamigov.com _- Enactment Number: R-22-0171 File Number: 11847 Final Action Date:5/12/2022 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING AND RECOMMENDATION, ATTACHED AND INCORPORATED AS EXHIBIT "C," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI ("CITY") PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"); WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; ALLOCATING AND APPROPRIATING AMERICAN RESCUE PLAN ACT OF 2021 ("ARPA") CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS, ON A REIMBURSEMENT BASIS, IN A TOTAL AMOUNT NOT TO EXCEED TWO MILLION DOLLARS ($2,000,000.00) ("GRANT") TO THE BAKEHOUSE ART COMPLEX, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("BAKEHOUSE"), IN ORDER TO UNDERTAKE REPAIRS AND RENOVATIONS TO THE STRUCTURE AND ENVELOPE OF BAKEHOUSE'S BUILDING, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS FOR SAID PURPOSE; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A GRANT AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH BAKEHOUSE AND ANY AND ALL OTHER NECESSARY DOCUMENTS, MODIFICATIONS, AND AMENDMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. WHEREAS, on March 11, 2021, President Joseph R. Biden signed the American Rescue Plan Act of 2021 ("ARPA") into law; and WHEREAS, ARPA is a historic emergency financial relief and investment package that addresses the unprecedented public health and economic crisis resulting from the Novel Coronavirus ("COVID-19") pandemic; and WHEREAS, the Secretary of the United States Department of the Treasury issued the final rule (31 CFR Part 35) to implement the Coronavirus State Fiscal and Local Fiscal Recovery Funds ("ARPA Funds") established under ARPA ("Final Rule"); and WHEREAS, the Final Rule establishes the guidance and eligible uses of the ARPA Funds; and WHEREAS, The Bakehouse Art Complex, Inc., a Florida not for profit corporation ("Bakehouse"), is the only artist -purposed, non -profit -owned site of its kind and size in Miami's urban core and it plays a major role in addressing a significant gap in the City of Miami's ("City") cultural ecosystem providing affordable spaces where artists can create, live, and engage with each other and with the greater community; and WHEREAS, Bakehouse submitted a funding request to the City for ARPA Funds in order to undertake repairs and renovations to the structure and envelope of Bakehouse's existing building including addressing and upgrading electrical infrastructure, structural repair and remediation, life -safety issues, making necessary repairs needed for the Forty (40) Year Recertification process, roof replacement, installation of hurricane -rated impact window upgrades, updating building technology, and ensuring compliance with current building codes ("Program"), attached and incorporated as Exhibit "A"; and WHEREAS, the City's ARPA consultant has reviewed the funding request from Bakehouse and has determined that providing ARPA Funds to Bakehouse in order to implement the Program is an eligible use of ARPA Funds under the Final Rule, attached and incorporated as Exhibit "B"; and WHEREAS, the City Manager has made a written finding and recommendation, attached and incorporated as Exhibit "C," pursuant to Section 18-85(a) of the Code of the City of Miami, Florida, as amended ("City Code"), that competitive bidding is not practicable or advantageous to the City; and WHEREAS, the City wishes to fund and to enter into a grant agreement with Bakehouse for a total amount not to exceed Two Million Dollars ($2,000,000.00) ("Grant") in order to implement the Program; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble of this Resolution are adopted by reference and incorporated herein as if fully set forth in this Section. Section 2. By a four -fifths (4/5ths) affirmative vote, after an advertised public hearing, the City Manager's finding and recommendation, attached and incorporated as Exhibit "C," that competitive negotiation methods and procedures are not practicable or advantageous to the City pursuant to Section 18-85(a) of the City Code are ratified, approved, and confirmed and the requirements for said procedures are waived. Section 3. The City Manager is authorized' to allocate and appropriate the Grant to Bakehouse in order to implement the Program on a reimbursement basis, subject to all federal, state, and local laws that regulate the use of such funds for said purpose. Section 4. The City Manager is further authorized' to negotiate and execute a grant agreement, in a form acceptable to the City Attorney, with Bakehouse, in order to implement the Program. Section 5. The City Manager is further authorized' to negotiate and execute any and all other necessary documents, modifications, and amendments, all in forms acceptable to the City Attorney, for said purpose. Section 6. This Resolution shall become effective immediately upon its adoption. ' The herein authorization is further subject to compliance with all legal requirements that may be imposed, including but not limited to, those prescribed by applicable City Charter and City Code provisions. APPROVED AS TO FORM AND CORRECTNESS: 1 i ria i : ndez, City Attor iey 5/3/2022 Pursuant to the resolution, this item became effective immediately upon adoption by the Commission.