Loading...
HomeMy WebLinkAboutBack-Up DocumentsCity of Miami Resolution R-22-0285 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 12256 Final Action Date: 7/28/2022 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 "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 REIMBURSEMENT BASIS, IN A TOTAL AMOUNT NOT TO EXCEED ONE HUNDRED THOUSAND DOLLARS ($100,000.00) ("GRANT") TO THE PRESIDIO POLITICO HISTORICO CUBANO, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("PRESIDIO POLITICO"), TO CONDUCT NECESSARY WORK AND UPGRADES TO THE MUSEUM, 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 PRESIDIO POLITICO AND ANY AND ALL OTHER NECESSARY DOCUMENTS, MODIFICATIONS, AND AMENDMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. SPONSOR(S): Commissioner Joe Carollo 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 Presidio Politico Historico Cubano, Inc., a Florida not for profit corporation ("Presidio Politico"), is an organization is dedicated to assisting political prisoners City of Miami Page 1 of 3 File ID: 12256 (Revision:) Printed On: 12/20/2022 File ID: 12256 Enactment Number: R-22-0285 from Cuba, living in Miami and others incarcerated on the island overseas for the past 40 years and operates the "Casa del Preso" museum; and WHEREAS, Presidio Politico submitted a funding request to the City of Miami ("City") for ARPA Funds to upgrade the electrical at the museum, paint the iron fencing, install exterior and interior cameras, upgrade the alarm system, install new blinds, install a new A/C unit, purchase a new refrigerator and stove, remodel two bathrooms, roof repairs, and repair the interior of the second floor of the museum ("Program"); and WHEREAS, the City's ARPA consultant has reviewed the funding request from Presidio Politico and has determined that providing ARPA Funds to Presidio Politico 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; and WHEREAS, the City wishes to fund and enter into a grant agreement with Presidio Politico for a total amount not to exceed One Hundred Thousand Dollars ($100,000.00) ("Grant") in order to implement the Program and with the Grant to be disbursed as follows: an amount not to exceed Fifty Thousand Dollars ($50,000.00) to be disbursed in Fiscal Year ("FY") 2022-2023 and an amount not to exceed Fifty Thousand Dollars to be disbursed in FY 2023- 2024; 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 Presidio Politico 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 Presidio Politico, 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: 12256 (Revision:) Printed on: 12/20/2022 File ID: 12256 Enactment Number: R-22-0285 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 7/19/2022 City of Miami Page 3 of 3 File ID: 12256 (Revision:) Printed on: 12/20/2022 ATKINS Atkins North America, Inc. 2001 Northwest 107th Avenue Miami, Florida 33172-2507 Telephone: +1.305.592.7275 www.atkinsglobal.com/northamerica June 8, 2022 Mrs. Marie "Maggie" Gouin Director Office of Management and Budget Miami Riverside Center 444 SW 2nd Avenue, 5th Floor Miami, FL 33130 Reference: Project Analysis — City of Miami — ARPA (SLFRF) Recommendation for application of ARPA (SLFRF) funds Project Name: Presidio Politico Historico Cubano - Casa del Preso District 3 Proposed ARPA Funds Amount: $200,000 Proposed Activity for use of Funds: Beneficiary (Grant) Mrs. Gouin, We are sending the recommendation for the use of ARPA (SLFRF) funds for the referenced project. The project consists of providing funding and assistance to "Casa del Preso" (Cuban Historical Political Prison) museum operated by the Presidio Politico Historico Cubano (PPHC) organization, dedicated to assisting political prisoners from Cuba, living in Miami, and others incarcerated on the island overseas for the past 40 years. Due to the pandemic the nonprofit was unable to meet, host public functions, or fundraise to collect funds for necessary museum repairs. Based on the information and documentation provided by the City's Office of Management and Budget and the District 3 Office, the project Presidio Politico Historico Cubano - Casa del Preso is eligible for the use of ARPA (SLFRF) funds under the Department of Treasury Final Rule, Expenditure Category 2.34 — Negative Economic Impacts: Assistance to Impacted Nonprofit Organizations (Impacted or Disproportionately Impacted), contingent upon additional considerations and requirements being met. Under the SLFRF program, funds must be used for costs incurred on or after March 3, 2021. Further, funds must be obligated by December 31, 2024, and expended by December 31, 2026. This time period, during which recipients can expend SLFRF funds, is the "period of performance". For considerations and requirements details go to the Project Analysis, here attached. Page 1 of 2 ATKINS Member of the SNGlav,. Group The ARPA (SLFRF) funds, in the amount of $200,000, will be allocated to the Non -Profit, as a Beneficiary. The ARPA funds will be used to upgrade the electricity at the museum, paint the iron fencing, install exterior and interior cameras, upgrade the alarm system, install new blinds, install a new A/C unit, purchase a new refrigerator and stove, remodel two bathrooms, roof repairs, and repair the interior of the second floor of the museum. Please review and contact us with any questions you may have. Jamelyn Austin Trucks, CFM, PMP, CGM ARPA Consultant, Subject Matter Expert Senior Project Manager, Land Planning Lead Enclosures as noted. Page 2 of 2 Project Analysis — City of Miami — ARPA (SLFRF) District 3 Project Title Presidio Politico Historico Cubano - Casa del Preso Project No. (e-Builder) N/A Project Cost $200,000 Project Type Grant for Nonprofit Project Status Not Started Project Estimated Completion TBD Agreement Type Beneficiary (Grant) Eligible Use Support the COVID-19 public health and economic response by addressing COVID-19 and its impact on public health as well as addressing economic harms to households, small businesses, nonprofits, impacted industries, and the public sector. Project Expenditure Category 2.34 — Negative Economic Impacts: Assistance to Impacted Nonprofit Organizations (Impacted or Disproportionately Impacted) Project Justification (short- SOW) Providing funding and assistance to "Casa del Preso" (Cuban Historical Political Prison) museum operated by the Presidio Politico Historico Cubano (PPHC) organization. The organization is dedicated to assisting political prisoners from Cuba, living in Miami and others incarcerated on the island overseas for the past 40 years. Due to the pandemic the nonprofit was unable to meet, host public functions, or fundraise to collect funds for necessary museum repairs. ARPA funds will be used to upgrade the electricity at the museum, paint the iron fencing, install exterior and interior cameras, upgrade the alarm system, install new blinds, install a new A/C unit, purchase a new refrigerator and stove, remodel two bathrooms, roof repairs, and repair the interior of the second floor of the museum. Eligible (Y/N) Yes, Project activity is considered eligible under Department of Treasury Final Rule, contingent upon the below additional considerations and requirements being met. Additional Information needed Provide any additional information regarding the City of Miami's agreement with the nonprofit. Next Steps • Atkins to review agreement when available • Atkins to monitor costs, expenditures, and gather data for quarterly and annual reporting QC Completed (Name/Date) Jamelyn Austin Trucks 6/7/2022 Additional Considerations/Program Requirements: • Under the SLFRF program, funds must be used for costs incurred on or after March 3, 2021. Further, funds must be obligated by December 31, 2024, and expended by December 31, 2026. This time period, during which recipients can expend SLFRF funds, is the "period of performance." • ARPA funds can be used to provide additional funding for projects in progress prior to 3/3/2021, however only activities initiated AFTER 3/3/2021 are eligible for ARPA funds. • Ensure that the City of Miami Procurement Process or the Sub -Recipient Procurement Process meets Office of Management and Budget procurement standards set forth in 2 CFR 200.316- 320. • Expenditure Category 2.34 - Negative Economic Impacts: Assistance to Impacted Nonprofit Organizations (Impacted or Disproportionately Impacted) requires the following additional reporting: • Recipients must report on whether projects are primarily serving disproportionately impacted communities. • Use of Evidence (for all ECs) - Collection to begin in April 2022 • The dollar amount of the total project spending that is allocated towards evidence - based interventions • Indicate if a program evaluation of the project is being conducted • Project Demographic Distribution - (Applicable to Public Health and Negative Economic Impact ECs: EC 1.1-2.37) — Collection to begin April 2022 Recognizing the disproportionate public health and negative economic impacts of the pandemic on many households, communities, and other entities, recipients must report whether certain types of projects are targeted to impacted and disproportionately impacted communities. Recipients will be asked to respond to the following: • What Impacted and/or Disproportionally Impacted population does this project primarily serve? Please select the population primarily served. • If this project primarily serves more than one Impacted and/or Disproportionately Impacted population, please select up to two additional populations served. Recipients will select from the following options: Impacted • Non -Profits that experienced a negative economic impact of the pandemic (please specify) • Classes of non -profits designated as negatively economically impacted by the pandemic (please specify) • Travel, tourism, or hospitality sectors (including Tribal development districts) • Industry outside the travel, tourism, or hospitality sectors that experienced a negative economic impact of the pandemic (please specify) Disproportionately Impacted • Non -profits operating in Qualified Census Tracts • Non -profits operated by Tribal governments or on Tribal lands • Non -profits operating in the U.S. territories • Other non -profits disproportionately impacted by the pandemic (please specify) • Public Health and Negative Economic Impact (EC 1.1-3.5) - Collection to begin in April 2022 • Brief description of structure and objectives of assistance program(s), including public health or negative economic impact experienced • Brief description of how a recipient's response is related and reasonably and proportional to a public health or negative economic impact of COVID-19. • Assistance to Non -Profits - The information listed must be provided in each report -(EC 1.9, 2.34) - Collection to begin in April 2022 • Number of Non -Profits served (by program if recipient establishes multiple separate non-profit assistance programs) Responding to Public Health and Economic Impacts of COVID-19 To assess eligible uses of funds in this category, recipients should (1) identify a COVID-19 public health or economic impact on an individual or class (i.e., a group) and (2) design a program that responds to that impact. Responses should be related and reasonably proportional to the harm identified and reasonably designed to benefit those impacted. The final rule recognizes that the pandemic caused broad -based impacts that affected many communities, households, and small businesses across the country; for example, many workers faced unemployment and many small businesses saw declines in revenue. The final rule describes these as "impacted" households, communities, small businesses, and nonprofits. At the same time, the pandemic caused disproportionate impacts, or more severe impacts, in certain communities. For example, low-income and underserved communities have faced more severe health and economic outcomes like higher rates of COVID-19 mortality and unemployment, often because pre- existing disparities exacerbated the impact of the pandemic. The final rule describes these as "disproportionately impacted" households, communities, small businesses, and nonprofits Assistance to Nonprofits Nonprofits have faced significant challenges due to the pandemic's increased demand for services and hanging operational needs, as well as declines in revenue sources such as donations and fees. Nonprofits eligible for assistance are those that experienced negative economic impacts or disproportionate impacts of the pandemic and meet the definition of "nonprofit" —specifically those that are 501(c)(3) or 501(c)(19) tax-exempt organizations. Impacted Nonprofits Recipients can identify nonprofits impacted by the pandemic, and measures to respond, in many ways; for example, recipients could consider: • Decreased revenue (e.g., from donations and fees) • Financial insecurity • Increased costs (e.g., uncompensated increases in service need) • Capacity to weather financial hardship • Challenges covering payroll, rent or mortgage, and other operating costs Assistance to nonprofits that experienced negative economic impacts includes the following enumerated uses: • Loans or grants to mitigate financial hardship • Technical or in -kind assistance or other services that mitigate negative economic impacts of the pandemic CITY OF MIAMI INTER -OFFICE MEMORANDUM TO: Arthur Noriega V DATE: July 13, 2022 City Manager FROM: Marie Gouin off Office of Manager$'ent Director SUBJECT: ARPA Allocation of $100,000 to Presidio Politico Historico Cubano, Inc., from the District 3 Commission Office - Four Fifth Waiver BACKGROUN D The City of Miami ("City") received American Rescue Plan Act funding to address COVID-19 and its impact on public health as well as address economic harms to households, small businesses, nonprofits, impacted industries, and the public sector. "Casa del Preso" (Cuban Historical Political Prison) museum operated by the Presidio Politico Historico Cubano (PPHC) organization. The organization is dedicated to assisting political prisoners from Cuba, living in Miami and others incarcerated on the island overseas for the past 40 years. Due to the pandemic the nonprofit was unable to meet, host public functions, or fundraise to collect funds for necessary museum repairs. ARPA funds will be used to upgrade the electricity at the museum, paint the iron fencing, install exterior and interior cameras, upgrade the alarm system, install new blinds, install a new A/C unit, purchase a new refrigerator and stove, remodel two bathrooms, roof repairs, and repair the interior of the second floor of the museum. RECOMMENDATION In light of the above stated, approval of a waiver of the formal requirements of competitive sealed bidding methods as not being practicable or advantageous to the City as set forth in the City Code of Ordinances, as amended, specifically Section 18-85 (A), and the affirmation of these written findings and the forwarding of the same to the City Commission for ratification by a four -fifths vote is respectfully requested. APPROVED/piSAPPROVED A t Norieg V, City Manager