HomeMy WebLinkAboutR-22-0171City of Miami
Resolution R-22-0171
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 11847 Final Action Date: 5/12/2022
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 AND RECOMMENDATION, ATTACHED AND
INCORPORATED AS EXHIBIT "C," 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 REIMBURSEMENT BASIS, IN A TOTAL AMOUNT NOT TO
EXCEED TWO MILLION DOLLARS ($2,000,000.00) ("GRANT") TO THE
BAKEHOUSE ART COMPLEX, INC., A FLORIDA NOT FOR PROFIT
CORPORATION ("BAKEHOUSE"), IN ORDER TO UNDERTAKE REPAIRS AND
RENOVATIONS TO THE STRUCTURE AND ENVELOPE OF BAKEHOUSE'S
BUILDING, 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 BAKEHOUSE AND ANY AND ALL OTHER NECESSARY DOCUMENTS,
MODIFICATIONS, AND AMENDMENTS, ALL IN FORMS ACCEPTABLE TO
THE CITY ATTORNEY, FOR SAID PURPOSE.
SPONSOR(S): 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
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 ARPA ("Final Rule"); and
WHEREAS, the Final Rule establishes the guidance and eligible uses of the ARPA
Funds; and
WHEREAS, The Bakehouse Art Complex, Inc., a Florida not for profit corporation
("Bakehouse"), is the only artist -purposed, non -profit -owned site of its kind and size in Miami's
City of Miami Page 1 of 3 File ID: 11847 (Revision:) Printed On: 6/12/2025
File ID: 11847 Enactment Number: R-22-0171
urban core and it plays a major role in addressing a significant gap in the City of Miami's ("City")
cultural ecosystem providing affordable spaces where artists can create, live, and engage with
each other and with the greater community; and
WHEREAS, Bakehouse submitted a funding request to the City for ARPA Funds in order
to undertake repairs and renovations to the structure and envelope of Bakehouse's existing
building including addressing and upgrading electrical infrastructure, structural repair and
remediation, life -safety issues, making necessary repairs needed for the Forty (40) Year
Recertification process, roof replacement, installation of hurricane -rated impact window
upgrades, updating building technology, and ensuring compliance with current building codes
("Program"), attached and incorporated as Exhibit "A"; and
WHEREAS, the City's ARPA consultant has reviewed the funding request from
Bakehouse and has determined that providing ARPA Funds to Bakehouse in order to implement
the Program is an eligible use of ARPA Funds under the Final Rule, attached and incorporated
as Exhibit "B"; and
WHEREAS, the City Manager has made a written finding and recommendation, attached
and incorporated as Exhibit "C," 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; and
WHEREAS, the City wishes to fund and to enter into a grant agreement with Bakehouse
for a total amount not to exceed Two Million Dollars ($2,000,000.00) ("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 "C," 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
Bakehouse in order to implement the Program 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 Bakehouse, in order to implement the
Program.
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 2 of 3 File ID: 11847 (Revision:) Printed on: 6/12/2025
File ID: 11847 Enactment Number: R-22-0171
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:
ndez, ity Attor
ey 5/3/2022
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