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HomeMy WebLinkAboutR-22-0285City of Miami Resolution R-22-0285 alldl 11 li.Rl I + Legislation File Number: 12256 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 7/28/2022 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 "B," 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 ONE HUNDRED THOUSAND DOLLARS ($100,000.00) ("GRANT") TO THE PRESIDIO POLITICO HISTORICO CUBANO, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("PRESIDIO POLITICO"), TO CONDUCT NECESSARY WORK AND UPGRADES TO THE MUSEUM, 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 PRESIDIO POLITICO AND ANY AND ALL OTHER NECESSARY DOCUMENTS, MODIFICATIONS, AND AMENDMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. SPONSOR(S): Commissioner Joe Carollo 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 Presidio Politico Historico Cubano, Inc., a Florida not for profit corporation ("Presidio Politico"), is an organization is dedicated to assisting political prisoners City of Miami Page 1 of 3 File ID: 12256 (Revision:) Printed On: 811512022 File ID: 12256 Enactment Number: R-22-0285 from Cuba, living in Miami and others incarcerated on the island overseas for the past 40 years and operates the "Casa del Preso" museum; and WHEREAS, Presidio Politico submitted a funding request to the City of Miami ("City") for ARPA Funds to upgrade the electrical at the museum, paint the iron fencing, install exterior and interior cameras, upgrade the alarm system, install new blinds, install a new A/C unit, purchase a new refrigerator and stove, remodel two bathrooms, roof repairs, and repair the interior of the second floor of the museum ("Program"); and WHEREAS, the City's ARPA consultant has reviewed the funding request from Presidio Politico and has determined that providing ARPA Funds to Presidio Politico in order to implement the Program is an eligible use of ARPA Funds under the Final Rule, attached and incorporated as Exhibit "A;" and WHEREAS, the City Manager has made a written finding and recommendation, attached and incorporated as Exhibit "B," 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 enter into a grant agreement with Presidio Politico for a total amount not to exceed One Hundred Thousand Dollars ($100,000.00) ("Grant") in order to implement the Program and with the Grant to be disbursed as follows: an amount not to exceed Fifty Thousand Dollars ($50,000.00) to be disbursed in Fiscal Year ("FY") 2022-2023 and an amount not to exceed Fifty Thousand Dollars to be disbursed in FY 2023- 2024; 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 "B," 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 Presidio Politico 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 Presidio Politico, in order to implement the Program. ' 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. City of Miami Page 2 of 3 File ID: 12256 (Revision:) Printed on: 8/15/2022 File ID: 12256 Enactment Number: R-22-0285 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. APPROVED AS TO FORM AND CORRECTNESS: 1 i ria i "ndez, Cify Kttor iey 7/19/2022 City of Miami Page 3 of 3 File ID: 12256 (Revision:) Printed on: 8/15/2022