HomeMy WebLinkAboutR-23-0114City of Miami
Resolution R-23-0114
alldl 11 li.Rl I +
Legislation
File Number: 13490
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 3/9/2023
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(S) AND RECOMMENDATION(S), 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 LUMP SUM BASIS, IN A TOTAL AMOUNT NOT TO EXCEED
ONE HUNDRED SEVENTY-FIVE THOUSAND AND 00/100 DOLLARS
($175,000.00) ("GRANT") TO CUBAN MUSEUM, INC., A FLORIDA NOT FOR
PROFIT CORPORATION ("CUBAN MUSEUM"), IN ORDER TO COMPLETE
THE AMERICAN MUSEUM OF THE CUBAN DIASPORA'S PERMANENT
EXHIBITION ON CUBAN AMERICAN HISTORY AND ITS PROMOTION
THROUGH TOUR OPERATORS, GUIDES AND ADVERTISEMENTS,
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 THE CUBAN MUSEUM
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 the American Rescue Plan ("Final Rule"); and
WHEREAS, the Final Rule establishes the guidance and eligible uses of the ARPA
Funds; and
City of Miami Page 1 of 3 File ID: 13490 (Revision:) Printed On: 3/13/2023
File ID: 13490 Enactment Number: R-23-0114
WHEREAS, the Cuban Museum, Inc., a Florida not for profit corporation ("Cuban
Museum"), is an organization that operates and maintains the American Museum for the Cuban
Diaspora ("AMCD"); and
WHEREAS, the AMCD is a culturally specific museum of memory, dedicated to
showcasing and documenting the history, culture, and contributions of the Cuban exile
community through exhibitions, and programming in the arts and humanities; and
WHEREAS, the Cuban Museum submitted a funding request to the City of Miami ("City")
for ARPA Funds in order to complete its permanent exhibition in the AMCD on Cuban American
history and its promotion through tour operators, guides and advertisements; specifically, the
immigration section of the exhibit which discusses the different waves of Cuban immigration to
the United States since 1959, including the story of Miami's Freedom Tower, and the section on
the contributions of Cuban Americans to Miami in particular, and more generally that of Cuban
American success stories in the United States in multiple fields ("Program"); and
WHEREAS, the City's ARPA Consultant, Atkins, member of the SNC-Lavalin Group, or
its successor ("ARPA Consultant"), has reviewed the funding request from the Cuban Museum
and has determined that providing ARPA Funds to the Cuban Museum 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 of Miami ("City"); and
WHEREAS, the City wishes to fund and to enter into a grant agreement with the Cuban
Museum for a total amount not to exceed One Hundred Seventy -Five Thousand and 00/100
Dollars ($175,000.00) ("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 "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 the
Cuban Museum in order to implement the Program on a lump sum basis, subject to all federal,
state, and local laws that regulate the use of such funds for said purpose.
City of Miami Page 2 of 3 File ID: 13490 (Revision:) Printed on: 3/13/2023
File ID: 13490
Enactment Number: R-23-0114
Section 4. The City Manager is further authorized' to negotiate and execute a grant
agreement, in a form acceptable to the City Attorney, with the Cuban Museum, 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.
APPROVED AS TO FORM AND CORRECTNESS:
1
i t6ria i ndez, Cify Httor iey 2f2812023
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 3 of 3 File ID: 13490 (Revision:) Printed on: 3/13/2023