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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #8790 Date: 03/17/2021 Commission Meeting Date: 04/08/2021 Requesting Department: Department of Housing and Community Development Sponsored By: District Impacted: All Type: Resolution Subject: Retroactive Approval - Emergency Rental Assistance Program Purpose of Item: The nature of this item is to respectfully request a resolution of the Miami City Commission with attachment(s), by a four -fifths (4/5ths) affirmative vote, retroactively ratifying, confirming and approving the City Manager's recommendation and written findings, for the selection of Nan McKay and Associates, Inc. ("NMK"), attached and incorporated as Exhibit "A", pursuant to Section 18-90 of the Code of the City of Miami, Florida, as amended; waiving the requirements for competitive sealed bidding methods as not being practicable or advantageous to the City of Miami ("City") for the provision of Emergency Rental Assistance Program ("ERAP") management services for the Department of Housing and Community Development ("HCD") for an estimated expenditure amount of $856,800. Background of Item: The City of Miami was awarded $14.1 million by the US Department of Housing and Urban Development, for emergency rental assistance in response to the effects of the COVID-19 pandemic. ERAP funds must be committed by September 30, 2021 and spent by December 31, 2021. ERAP time constraints, staffing and technological requirements make it necessary to outsource the management of ERAP to an entity with the capacity it requires and a track record of experience in the successful management of similar programs. Having managed similar programs for agencies throughout the United States, NMK has the capacity and experience necessary to manage ERAP for the City, in a manner that will meet all programmatic and financial requirements. Budget Impact Analysis Item has NOT an Expenditure Item is an Expenditure Item is NOT funded by Bonds Total Fiscal Impact: $856,800 (estimate) Special Revenue Account No.: 82001.910101.534000.0000.0000. Reviewed B Department of Community and Economic Development Review Completed 03/17/2021 3:17 PM Office of Grants Administration Carolina Aguila Department of Risk Management Ann -Marie Sharpe Department of Procurement Annie Perez Office of Management and Budget Office of Management and Budget City Manager's Office City Manager's Office Legislative Division Office of the City Attorney Office of the City Attorney Office of the City Attorney City Commission Office of the City Clerk Luis Hernandez -Torres Leon P Michel Fernando Casamayor Arthur Noriega V Valentin J Alvarez Pablo Velez Barnaby L. Min Victoria Mendez Nicole Ewan City Clerk's Office George Mensah Department Head Grant Review Risk Review Procurement Review Budget Analyst Review Budget Review Assistant City Manager Review City Manager Review Legislative Division Review ACA Review Deputy City Attorney Review Approved Form and Correctness Meeting Rendered Skipped 03/18/2021 8:43 AM Completed 03/19/2021 10:37 AM Completed 03/23/2021 2:30 PM Completed 03/23/2021 3:19 PM Completed 03/23/2021 3:24 PM Completed 03/24/2021 11:13 AM Completed 03/24/2021 12:32 PM Completed 03/24/2021 12:54 PM Completed 03/26/2021 10:09 AM Completed 03/26/2021 10:25 AM Completed 03/30/2021 6:59 PM Completed 04/08/2021 9:00 AM Completed 04/09/2021 7:53 PM City of Miami Legislation Resolution Enactment Number: R-21-0143 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 8790 Final Action Date:4/8/2021 A RESOLUTION OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, RETROACTIVELY RATIFYING, CONFIRMING, AND APPROVING THE CITY MANAGER'S RECOMMENDATION AND WRITTEN FINDING, ATTACHED AND INCORPORATED AS EXHIBIT "A", FOR THE SELECTION OF NAN MCKAY AND ASSOCIATES, INC., A FOREIGN PROFIT CORPORATION AUTHORIZED TO CONDUCT BUSINESS IN THE STATE OF FLORIDA ("NMA"), PURSUANT TO SECTION 18-90 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 OF EMERGENCY RENTAL ASSISTANCE PROGRAM ("ERAP") MANAGEMENT SERVICES ("SERVICES") FOR THE CITY'S DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR THE APPROXIMATE AMOUNT OF EIGHT HUNDRED FIFTY SIX THOUSAND EIGHT HUNDRED DOLLARS ($856,800.00); RETROACTIVELY AUTHORIZING THE CITY MANAGER'S NEGOTIATION AND EXECUTION OF AN AGREEMENT WITH NMA FOR THE ERAP SERVICES, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CITY CODE, INCLUDING THE CITY'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. WHEREAS, the City of Miami ("City") was awarded $14.1 million by the United States Department of Housing and Urban Development ("HUD") for Emergency Rental Assistance Program ("ERAP") funding in response to the effects of the Novel Coronavirus ("COVID-19") pandemic; and WHEREAS, these ERAP funds must be committed by September 30, 2021 and spent by December 31, 2021; and WHEREAS, the time constraints of the ERAP funds awarded to the City, as well as the staffing and technology requirements, make it necessary to outsource the ERAP management services ("Services") to an entity with the capacity and proven track record of managing similar programs for other jurisdictions; and WHEREAS, Nan McKay and Associates, Inc., a foreign profit corporation authorized to conduct business in the State of Florida ("NMA"), has successfully managed similar programs for other agencies throughout the United States; and WHEREAS, the City Manager, pursuant to Section 18-90 of the Code of the City of Miami, Florida, as amended ("City Code"), approved the emergency procurement of the ERAP Services from NMA for the City; 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, the City Manager's recommendation and written finding, attached and incorporated as Exhibit "A", for the selection of NMA pursuant to Section 18-90 of the City Code waiving the requirements for competitive sealed bidding methods as not being practicable or advantageous to the City for the provision of ERAP Services for the Department of Housing and Community Development for the approximate amount of Eight Hundred Fifty Six Thousand Eight Hundred Dollars ($856,800.00) are hereby retroactively ratified, confirmed, and approved. Section 3. The City Manager's negotiation and execution of an agreement with NMA for the ERAP Services, in a form acceptable to the City Attorney, are retroactively authorized. Section 4. The City Manager is further authorized to negotiate and execute any and all other documents, including any amendments, renewals, and extensions, subject to all allocations, appropriations, prior budgetary approvals, compliance with all applicable provisions of the City Code, including the City's Procurement Ordinance, Anti -Deficiency Act, and Financial Integrity Principles, all as set forth in Chapter 18 of the City Code, in forms acceptable to the City Attorney, and in compliance with all applicable laws, rules, and regulations, as may be deemed necessary for said purpose. Section 5. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: sndez, City Httor ey 3/30/2021