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HomeMy WebLinkAboutR-20-0127City of Miami Resolution R-20-0127 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 7391 Final Action Date: 4/23/2020 A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR-FITHS (4/STHS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, CONFIRMING, AND APPROVING THE CITY MANAGER'S RECOMMENDATIONS, DETERMINATIONS, AND WRITTEN FINDINGS, ATTACHED AND INCORPORATED AS EXHIBIT "A", PURSUANT TO SECTIONS 18-85 AND 18-121 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING METHODS AS NOT BEING PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI ("CITY") FOR THE PROVISION, ESTABLISHMENT, AND IMPLEMENTATION OF CITY EMERGENCY MEALS PROGRAMS ON A DISTRICT BY DISTRICT BASIS, AS SET FORTH BELOW, IN A TOTAL NOT TO EXCEED AMOUNT OF TWO MILLION DOLLARS ($2,000,000.00) (COLLECTIVELY, "EMERGENCY MEALS PROGRAMS") DUE TO THE CORONAVIRUS PANDEMIC ("COVID-19 PANDEMIC") FOR AN INITIAL TWO (2) MONTH PERIOD HAVING COMMENCED ON APRIL 6, 2020 OR WHENEVER AFTER EACH DISTRICT COMMENCES ITS PROGRAM AND EXTENDING OR ENDING ON SUCH EARLIER OR LATER DATE(S) DETERMINED IN ACCORDANCE WITH MULTIPLE FEDERAL AND STATE OF FLORIDA ("STATE") ENDING DATES FOR DECLARATIONS OF DISASTERS AND EMERGENCIES, OR SUCH LATER TIMES AS NOTIFIED IN WRITING BY THE CITY MANAGER TO THE CITY COMMISSION; AUTHORIZING THE CITY MANAGER TO MAKE SUCH NECESSARY ADDITIONAL DECLARATIONS, FINDINGS, AND UNDERTAKINGS, FROM TIME TO TIME, FOR SUCH EMERGENCY MEALS PROGRAMS TO COMPLY WITH SPECIFIC FEDERAL AND STATE FUNDING REQUIREMENTS FOR REIMBURSEMENTS OF CITY FUNDS EXPENDED; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS, INCLUDING BUT NOT LIMITED TO EMERGENCY MEALS PROGRAMS GUIDELINES AND ANY AMENDMENTS, RENEWALS, MODIFICATIONS, SUPPLEMENTS, SUBSTITUTIONS, AND EXTENSIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, SUBJECT TO PRIOR BUDGETARY APPROVALS, ALLOCATIONS, DE -ALLOCATIONS, RE -ALLOCATIONS, DE - APPROPRIATIONS, RE -APPROPRIATIONS, APPROPRIATIONS, BUDGET MODIFICATIONS, COMPLIANCE WITH PROVISIONS OF THE CITY CODE, INCLUDING THE CITY'S PROCUREMENT ORDINANCES, ANTI -DEFICIENCY ACT, FINANCIAL INTEGRITY PRINCIPLES, AND FINANCIAL AUDIT STANDARDS AND BEST PRACTICES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS FOR SAID PURPOSE; ALLOCATING AND APPROPRIATING FUNDS FROM A FUND AND ACCOUNT CODE NUMBER DESIGNATED BELOW AND HEREBY AMENDING THE CITY'S FISCAL YEAR 2019-2020 OPERATING BUDGET TO UNDERTAKE THESE EMERGENCY SERVICES ON AN EXPEDITED BASIS; RATIFYING, CONFIRMING, AND City of Miami Page 1 of 5 File ID: 7391 (Revision: A) Printed On: 5/1/2025 File ID: 7391 Enactment Number: R-20-0127 APPROVING ALL NECESSARY ACTIONS UNDERTAKEN BY THE CITY COMMISSION, THE CITY MANAGER, AND CERTAIN CITY DEPARTMENTS, INCLUDING UPDATES TO INFORMATION TECHNOLOGY SYSTEMS, FINANCIAL SYSTEMS, AND BUDGETS IN CONNECTION HEREWITH AND FOR FEDERAL AND STATE FUNDING, GRANTS, OTHER FUNDING SOURCES, AND DONATIONS IN PROCESS. SPONSOR(S): Commissioner Ken Russell WHEREAS, in connection with the ongoing novel coronavirus disease pandemic ("COVID-19 Pandemic") in the United States, there have been multiple Federal, State of Florida ("State"), Miami -Dade County, and City of Miami ("City") declarations of emergencies and disasters since January 2020; and WHEREAS, the City Manager has determined and recommends that it is not practicable and advantageous to the City to adhere to competitive sealed bidding methods for the provision, establishment, and implementation of City emergency meals programs on a District by District basis, as set forth below, in a total not to exceed amount of Two Million Dollars ($2,000,000.00) (collectively, "Emergency Meals Programs") due to the COVID-19 Pandemic for an initial two (2) month period having commenced on April 6, 2020 or whenever each District commences its program and extending or ending on such earlier or later dates determined in accordance with the multiple Federal and State ending dates for declarations of disasters and emergencies, or such later times as notified in writing by the City Manager to the City Commission; and WHEREAS, pursuant to Section 18-85 of the Code of the City of Miami, Florida, as amended ("City Code"), the City Manager has found, determined, and recommended that competitive sealed bidding methods be waived pursuant to the written findings and reasons supporting the recommendations herein and in an effort to comply with the evolving Federal, State, and local reimbursement funding compliance requirements in accordance with Section 18-121 of the City Code as set forth in Exhibit "A", attached and incorporated; and WHEREAS, said findings, determinations, and recommendations must be ratified, confirmed, and approved by the City Commission by a four -fifths (4/5ths) affirmative vote after an advertised public hearing; and WHEREAS, it is in the best interests of the City to provide Emergency Meals Programs Guidelines for reimbursements of City funds expended for the Emergency Meals Programs and for compliance which may need to be amended, supplemented, modified, updated, or otherwise revised to provide for substituted program servicers, eligibility requirements, or types of recipients by the City Manager from time to time, in a form acceptable to the City Attorney, in order to maximize the potential for the City to obtain funding and reimbursements with any applicable programs, grants, entitlements, or donations through Federal, State, foundation, trust, corporate, not -for -profit, association, other type of legal entity, or individual funding sources for the Emergency Meals Programs; and WHEREAS, it is also in the best interests of the City for the City Commission to approve (i) separate types of Emergency Meals Programs on a District by District basis as described in Exhibits "B", "C", "D", "E" and "F," all attached and incorporated, (ii) certain Senior Meals Assistance Programs, Meal Coupon Assistance Programs, and other Emergency Meals Programs guidelines and information as described collectively in Exhibit "G", attached and incorporated, and (iii) designated funding allocations by District and funding advance allocations for service providers to purchase supplies for the Emergency Meals Programs as set forth in City of Miami Page 2 of 5 File ID: 7391 (Revision: A) Printed on: 5/1/2025 File ID: 7391 Enactment Number: R-20-0127 Exhibit "H", attached and incorporated, and such budgetary allocations, de -allocations, re- allocations, de -appropriations, re -appropriations, appropriations, and budget modifications in connection therewith; and WHEREAS, it is necessary for the City Commission to ratify, approve, and confirm all necessary actions undertaken by the City Commission, the City Manager, and certain City Departments, including updates to information technology systems, financial systems, and budgets in connection herewith and for Federal, State, and local funding, grants, other funding sources, and donations in process; and WHEREAS, additionally, in accordance with Sections 18-85(a) and 18-121 of the City Code, it is in the best interests of the City to approve this Resolution and duly authorize the City Manager to undertake any and all necessary evolving procedures in accordance with the federally declared disaster requirements yet to be determined for the COVID-19 Pandemic; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated 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 written recommendations, determinations, and findings, attached and incorporated as Exhibit "A", pursuant to Sections 18-85 and 18-121 of the City Code, waiving the requirements for competitive sealed bidding methods as not being practicable or advantageous to the City for the provision, establishment, and implementation of Emergency Meals Programs in a total not to exceed amount of Two Million Dollars ($2,000,000.00) due to the COVID-19 Pandemic for an initial two (2) month period having commenced on April 6, 2020 or whenever after each District commences its program and extending or ending on such earlier or later dates determined in accordance with the multiple Federal and State ending dates for declarations of disasters and emergencies or such later times as notified in writing by the City Manager to the City Commission are hereby ratified, confirmed, and approved. Section 3. The Emergency Meals Programs are hereby provided for, established, and authorized' to be implemented on a District by District basis as follow: (a) District 1 in an amount not to exceed Three Hundred Eighty -Two Thousand Dollars ($382,000.00) for the services, to the particular categories of eligible recipients, and with the service providers as set forth in Exhibit "B," attached and incorporated; (b) District 2 in an amount not to exceed Three Hundred Eleven Thousand Dollars ($311,000.00) for the services, to the particular categories of eligible recipients, and with the service providers as set forth in Exhibit "C," attached and incorporated; (c) District 3 in an amount not to exceed Three Hundred Ninety -Nine Thousand Dollars ($399,000.00) for the services, to the particular categories of eligible recipients, and with the service providers as set forth in Exhibit "D," attached and incorporated; 1 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 5 File ID: 7391 (Revision: A) Printed on: 5/1/2025 File ID: 7391 Enactment Number: R-20-0127 (d) District 4 in an amount not to exceed Four Hundred Forty -One Thousand Dollars ($441,000.00) for the services, to the particular categories of eligible recipients, and with the service providers as set forth in Exhibit "E," attached and incorporated; and (e) District 5 in an amount not to exceed Four Hundred Sixty -Seven Thousand Dollars ($467,000.00) for the services, to the particular categories of eligible recipients, and with the service providers as set forth in Exhibit "F," attached and incorporated. Additionally, all of such Emergency Meals Programs in every District shall document information about such services, eligible recipients, and service providers as indicated in Senior Meals Assistance Programs, Meal Coupon Assistance Programs, and other Emergency Meals Program Guidelines and information, drafts of which are included in Exhibit "G," attached and incorporated (collectively, "Guidelines"), and which may need to be amended, supplemented, modified, updated, or otherwise revised to provide for substituted program servicers, eligibility requirements, or types of recipients by the City Manager from time to time, in a form acceptable to the City Attorney, in order to maximize the potential for the City to obtain funding and reimbursements with any applicable programs, grants, entitlements, or donations through Federal, State, foundation, trust, corporate, not -for -profit, association, other type of legal entity, or individual funding sources. Section 4. The City Manager is authorized' to make such necessary and additional declarations, findings, and undertakings, from time to time, for such Emergency Meals Programs to comply with specific Federal, State, and local funding requirements for reimbursement of City funds expended and legally appropriate requirements for any applicable programs, grants, entitlements, or donations through foundation, trust, corporate, not -for -profit, association, other legal entity, or individual funding sources. Section 5. The City Manager is further authorized' to negotiate and execute, all in forms acceptable to the City Attorney, such Emergency Meals Program service agreements with service providers on a District by District basis and to negotiate and execute any and all other necessary documents, including but not limited to Guidelines and any amendments, renewals, modifications, supplements, substitutions, and extensions, all in forms acceptable to the City Attorney, subject to prior budgetary approvals, allocations, and appropriations, in compliance with provisions of the City Code, including the City's Procurement Ordinances, Anti -Deficiency Act, Financial Integrity Principles, and financial audit principles and best practices, all as set forth in Chapter 18 of the City Code, and in compliance with all applicable laws, rules, and regulations as may be deemed necessary for said purpose. Section 6. The City Commission hereby approves designated funding allocations by District and funding advance allocations for service providers to purchase supplies for the Emergency Meals Programs as set forth in Exhibit "H", attached and incorporated. A new Special Revenue Account titled "COVID-19 Pandemic Emergency Meals Programs" within the General Fund is hereby established and funds in the amount not to exceed Two Million Dollars ($2,000,000.00) are hereby allocated and appropriated from the Emergency Contingency Reserve in the Non -Departmental Accounts (Account Code No. 00001-980000-897000) and the City's Fiscal Year 2019-2020 Operating Budget is hereby amended accordingly to undertake these emergency services on an expedited basis for the Emergency Meals Programs and to reflect the funding de -allocations, re -allocations, allocations, de -appropriations, re - appropriations, appropriations, and necessary budgetary modifications to fund the District by District Emergency Meals Programs as set forth in Exhibit "H", attached and incorporated. City of Miami Page 4 of 5 File ID: 7391 (Revision: A) Printed on: 5/1/2025 File ID: 7391 Enactment Number: R-20-0127 Section 7. The City Commission hereby ratifies, approves, and confirms any and all necessary actions undertaken by the City Commission, the City Manager, and certain City Departments, including updates to information technology systems, financial systems, and budgets in connection herewith and for Federal, State, and local funding, grants, other funding sources, and donations in process. Section 8. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: ndez, City ttor ey 9/9/2020 2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 5 of 5 File ID: 7391 (Revision: A) Printed on: 5/1/2025