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HomeMy WebLinkAboutR-23-0333City of Miami Resolution R-23-0333 alldl 11 li.Rl I + Legislation File Number: 14312 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 7/27/2023 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, ATTACHED AND INCORPORATED AS EXHIBIT "B," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS FOR THE CITY OF MIAMI ("CITY") PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; ALLOCATING AMERICAN RESCUE PLAN ACT OF 2021 ("ARPA") FUNDS, ON A REIMBURSEMENT BASIS, IN A TOTAL AMOUNT NOT TO EXCEED SEVEN HUNDRED FIFTY THOUSAND AND 00/100 DOLLARS ($750,000.00) TO ADVOCATE PROGRAM, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("ADVOCATE PROGRAM"), AS FISCAL AGENT TO THE MIAMI FOUNDATION FOR MENTAL HEALTH, INC. ("FOUNDATION"), IN ORDER TO ESTABLISH THE OPERATIONAL INFRASTRUCTURE OF THE MIAMI CENTER FOR MENTAL HEALTH AND RECOVERY ("CENTER") LOCATED AT 2200 NORTHWEST 7 AVENUE, A FACILITY WHICH WILL PROVIDE A COMPREHENSIVE ARRAY OF INTERDISCIPLINARY AND CROSS -ORGANIZATIONAL TREATMENT SERVICES FOR INDIVIDUALS WITH SERIOUS MENTAL ILLNESSES, 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 ADVOCATE PROGRAM, INC., SUBJECT TO ADVOCATE PROGRAM PROVIDING THE REQUESTED INFORMATION TO THE SATISFACTION OF THE CITY AS STATED HEREIN; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS, MODIFICATIONS, AND AMENDMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. SPONSOR(S): Mayor Francis X. Suarez, Commissioner Alex Diaz de la Portilla, Commissioner Sabina Covo, Commissioner Joe Carollo, Commissioner Manolo Reyes, Commissioner Christine King 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 City of Miami Page 1 of 3 File ID: 14312 (Revision:) Printed On: 81212023 File ID: 14312 Enactment Number: R-23-0333 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, Advocate Program, Inc., a Florida Not For Profit Corporation, ("Advocate Program") is a multi -faceted, community -based agency that has provided offender supervision services to the clients of the Miami -Dade Eleventh Judicial Circuit since 1971, facilitating social change and enhancing public safety through leadership, research, education, supervision, and services, utilizing best and evidence -based practices; and WHEREAS, Advocate Program submitted a funding request to the City of Miami ("City") for ARPA Funds to establish the operational infrastructure of the Miami Center For Mental Health and Recovery ("Center") located at 2200 NW 7 Avenue, a facility which will provide a comprehensive array of interdisciplinary and cross -organizational treatment services for individuals with serious mental illnesses ("Project"); 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 Advocate Program and has determined that providing ARPA Funds to Advocate Program 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, on January 13, 2022, the City Commission adopted Resolution No. R-22- 0019 allocating and appropriating Seven Hundred Fifty Thousand and 00/100 Dollars ($750,000.00) to the Miami Foundation of Mental Health, Inc. ("Foundation") to implement the Project; and WHEREAS, Advocate Program, in agreement with the Foundation, will now serve as managing entity for the Center and fiscal agent to the Foundation; and WHEREAS, the Foundation will continue to provide advocacy, fundraising, and programming support for the Center; 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 Advocate Program for a total amount not to exceed Seven Hundred Fifty Thousand and 00/100 Dollars ($750,000.00) ("Grant") in order to implement the Project; 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. City of Miami Page 2 of 3 File ID: 14312 (Revision:) Printed on: 8/2/2023 File ID: 14312 Enactment Number: R-23-0333 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 Advocate Program, in agreement with the Foundation, to serve as managing entity for the Center and fiscal agent to the Foundation, in order to implement the Project 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 Advocate Program, in order to implement the Project. 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 'Af T_, r,� i t6ria i ndez, Cify Attor iey 7/1812023 ' 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: 14312 (Revision:) Printed on: 8/2/2023