2025-25 American Rescue Plan Act

WHEREAS, the American Rescue Plan Act of 2021 (ARPA) established the Coronavirus Capital Project Fund through which the U.S. Department of the Treasury is authorized to make grants to the states for the purposes described in the act; and

WHEREAS, a state agency may utilize such awards and issue subawards to entities for purposes of the construction or renovation of multipurpose community facilities that enable work, education and health monitoring to address issues that emerged or were exacerbated due to the Covid-19 pandemic; and

WHEREAS, the state of Rhode Island acting by and through its Pandemic Recovery Office (PRO) as State Agency and the City of Newport as Subrecipient Entity did enter into a Subaward Agreement dated August 3, 2023 for the construction and renovation of the Florence Gray Center as a Community Learning Center with an award for $7,527,554.00; and

WHEREAS, the performance period under the Subaward Agreement is August 3, 2023 through October 31, 2026 with the requirement that the project achieve substantial completion, have a Certificate of Occupancy in hand and Beneficial Occupancy and Use of the proposed space by October 31, 2026 with the city facing potential claim for return of funds upon failing to do so; and

WHEREAS, the city did enter into a Subrecipient Agreement with the Housing Authority of Newport, Rhode Island (HAN) and the Boys & Girls Club of Newport County (BGCNC) dated February 27, 2024 for the construction and renovation at the Florence Gray Center for the Community Learning Center; and

WHEREAS, contracts for the project work require the signature of the HAN, BGCNC and the City of Newport which for the City would require Council approval which will at times cause delays in the start of work covered by the contract; and

WHEREAS, the city must assure PRO by March 10,2025 that the project can be completed by October 31, 2026; and

WHEREAS, the timetable for the completion of the project is very tight and there is presently a need to address contract for a Construction Manager and Surveyor. The time needed to place contracts on a Council docket for approval will cause delays that will hinder the timely completion of the work; and

WHEREAS, since the HAN is actually managing and overseeing the construction projects and the BGCNC will be in charge of program management at the Community Learning Center after completion pursuant to the Subrecipient Agreement with the city, allowing the City Manager to sign contracts for the construction work would enable work to be started sooner and thus avoid delays and better enable the project to be timely completed; NOW THEREFORE BE IT

RESOLVED, that the Council hereby delegates to the City Manager the authority to sign on behalf of the city contracts for not more than $250,000 for the expenditure of ARPA award funds from the Coronavirus Capital Project Fund for the construction of the Florence Gray Community Learning Center by the HAN and BGCNC pursuant to contracts for the performance of work for the same; AND BE IT FURTHER

RESOLVED, the Council approves and awards such contracts pursuant to section 9-23 of the City Charter and Chapter 2.112 of the Codified Ordinances which are related to the project work but only after to favorable review by the City Manager and City Solicitor.

Charles M. Holder, Jr.
Xay Khamsyvoravong

IN COUNCIL
READ AND PASSED
FEBRUARY 12, 2025

LAURA C. SWISTAK, CMC
CITY CLERK