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HomeMy WebLinkAboutAgenda Item Cover PageGw op ti <, AGENDA ITEM COVER PAGE File ID: #13490 4 Resolution Sponsored by: Commissioner Joe Carollo 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. of .�f City of Miami City Hall * INC IIf 6NAi10 * 3500 Pan American Drive .r;<. 11 eA Legislation Miami, FL 33133 Resolution www.miamigov.com Enactment Number: R-23-0114 File Number: 13490 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. 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 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. 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. ' 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. Section 6. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: 1 i , na4indez, C ity Attor i ey 2/28/2023 Pursuant to the resolution, this item became effective immediately upon adoption by the Commission.