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Home My WebLink AboutR-23-0169City of Miami Resolution R-23-0169 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 13761 Final Action Date: 4/13/2023 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(S) AND RECOMMENDATION(S), 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 LUMP SUM BASIS, IN A TOTAL AMOUNT NOT TO EXCEED THREE HUNDRED FIFTY THOUSAND AND 00/100 DOLLARS ($350,000.00) ("GRANT") TO ASSISTANCE TO THE ELDERLY, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("ATTE"), IN ORDER TO IMPLEMENT ITS FIRST FLOOR REHABILITATION OF THE RESIDENTIAL PLAZA, 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 ATTE AND ANY AND ALL OTHER NECESSARY DOCUMENTS, MODIFICATIONS, AND AMENDMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. SPONSOR(S): Commissioner Alex Diaz de la Portilla 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 the American Rescue Plan ("Final Rule"); and WHEREAS, the Final Rule establishes the guidance and eligible uses of the ARPA Funds; and WHEREAS, Assistance to the Elderly, Inc., a Florida Not For Profit Corporation ("ATTE"), is an organization that has been serving the low-income elderly population since 1999 City of Miami Page 1 of 3 File ID: 13761 (Revision:) Printed On: 6/30/2025 File ID: 13761 Enactment Number: R-23-0169 and provides a wide range of programs and services, from assisted living services, low-income housing, transportation, fall prevention program (Matter of Balance Program), physical and occupational therapy, pet therapy, arts & crafts, and music program; and WHEREAS, ATTE submitted a funding request to the City of Miami ("City") for ARPA Funds to aid in rehabilitating the first floor of the Residential Plaza, located at 5617 Northwest 7 Street, Miami, Florida 33126, so that ATTE can continue to provide supportive services (food and activities) to the residents, provide an environment that maintains mobility, offer a dignified space to improve quality of life and decrease depression and isolation among residents, and bring the organization's physical structure up to par with the ever -changing needs of the residents and the market ("Program"); 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 ATTE and has determined that providing ARPA Funds to ATTE 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 March 23, 2023, the City Commission adopted Resolution No. R-23- 0149 allocating and appropriating Two Hundred Fifty Thousand and 00/100 Dollars ($250,000.00) to ATTE to implement the Program; and WHEREAS, ATTE has requested an additional One Hundred Thousand and 00/100 Dollars ($100,000.00) in ARPA funding for the Program; 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 ATTE for a total amount not to exceed Three Hundred Fifty Thousand and 00/100 Dollars ($350,000.00) ("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 "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 ATTE in order to implement the Program on a lump sum basis, subject to all federal, state, and local laws that regulate the use of such funds for said purpose. City of Miami Page 2 of 3 File ID: 13761 (Revision:) Printed on: 6/30/2025 File ID: 13761 Enactment Number: R-23-0169 Section 4. The City Manager is further authorized' to negotiate and execute a grant agreement, in a form acceptable to the City Attorney, with ATTE, in order to implement the Program. 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 4/4/2023 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 3 File ID: 13761 (Revision:) Printed on: 6/30/2025