HomeMy WebLinkAboutPre-Legislation°xCity of Miami
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Resolution R-22-0455
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Legislation
File Number: 12925
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 11/17/2022
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(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 REIMBURSEMENT BASIS, IN A TOTAL AMOUNT NOT TO
EXCEED ONE MILLION DOLLARS ($1,000,000.00) ("GRANT") TO CAMARA
DE COMERCIO LATINA DE LOS ESTADOS UNIDOS (CAMACOL), INC., A
FLORIDA NOT FOR PROFIT CORPORATION ("CAMACOL"), IN ORDER TO
IMPLEMENT ITS YOUTH AND MINORITY EMPLOYMENT AND JOB TRAINING
PROGRAMS IN THE TECH AND DIGITAL MEDIA SECTORS, 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 CAMACOL 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
City of Miami Page 1 of 3 File ID: 12925 (Revision:) Printed On: 212812023
File ID: 12925 Enactment Number: R-22-0455
WHEREAS, CAMARA DE COMERCIO LATINA DE LOS ESTADOS UNIDOS
(CAMACOL), INC., a Florida Not For Profit Corporation ("CAMACOL"), is an organization
dedicated to providing outreach to a special segment of the community who are currently
underserved and/or which have been affected by the post -pandemic business climate; and
WHEREAS, CAMACOL submitted a funding request to the City of Miami ("City") for
ARPA Funds in order to offer programs to develop employment opportunities for minorities and
the disenfranchised to enter into the tech and digital media sectors; training programs for at -risk
youth and minorities; other programs that will develop skills necessary to obtain employment for
the City's minority community in these sectors; and will work with public and private sector
partners in program implementation ("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 CAMACOL and has
determined that providing ARPA Funds to CAMACOL 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 of Miami ("City"); and
WHEREAS, the City wishes to fund and to enter into a grant agreement with the
CAMACOL for a total amount not to exceed One Million Dollars ($1,000,000.00) ("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 "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
CAMACOL 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 CAMACOL, in order to implement the
Program.
' 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: 12925 (Revision:) Printed on: 2/28/2023
File ID: 12925
Enactment Number: R-22-0455
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:
I
i ft6ria i 'ndez, Cify kttor iey 11/712022
City of Miami Page 3 of 3 File ID: 12925 (Revision:) Printed on: 2/28/2023
ATKINS
Atkins North America, Inc.
800 Waterford Way, Suite 700
Miami, Florida 33125
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: CAMACOL Latin Chamber of Commerce
District 1
Proposed ARPA Funds Amount: $1,000,000
Proposed Activity for use of Funds: Subrecipient
Mrs. Gouin,
&,+k.305.592,7275
October 24, 2022
We are sending the recommendation for the use of ARPA (SLFRF) funds for the referenced
project.
The project consists of providing funding to CAMACOL Latin Chamber of Commerce. An
organization dedicated to providing an outreach to a special segment of our community, who
are currently underserved and or which have been affected by the post -pandemic business
climate.
Based on the information and documentation provided by the City's Office of Management
and Budget and the District 1 Office, the project CAMACOL Latin Chamber of Commerce
is eligible for the use of ARPA (SLFRF) funds under the Department of Treasury Final
Rule, Expenditure Category 2.10 — Negative Economic Impacts: Assistance to
Unemployed or Underemployed Workers (e.g. job training, subsidized employment,
employment supports or incentives), 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
SLFRF funds, is the "period of performance".
go to the Project Analysis, here attached.
period, during which recipients can expend
For considerations and requirements details
The ARPA (SLFRF) funds, in the amount of $1,000,000, will be allocated to the Subrecipient.
The funds will be used to offer programs to develop employment opportunities for minorities
and disenfranchised to enter into the tech and digital media sectors; training programs to at -
Page 1 of 2
ATKINS
risk youth and minorities; other programs that will develop skills necessary to obtain
employment for the City's minority community in these sectors; and will work with public and
private sector partners in program implementation.
Please review and contact us with any questions you may have.
Jamelyn Austin Trucks, CFM, PMP, CGM
ARPA Consultant, Subject Matter Expert
Project Director, Grants, Resiliency, and Master Planning
Enclosures as noted.
Page 2 of 2
Project Analysis —City of Miami —ARPA (SLFRF)
District 1
Project Title
CAMACOL Latin Chamber of Commerce
Project No. (e-Builder)
N/A
Total Project Cost
$1,000,000
Proposed ARPA Funding
$1,000,000
Project Type
• Program/Service
Project Status
• Not started
Project Estimated Completion
December 31, 2023
Agreement Type
Subrecipient
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
2.10 — Negative Economic Impacts: Assistance to Unemployed
or Underemployed Workers (e.g. job training, subsidized
employment, employment supports or incentives)
NOTE: Project is also eligible under 2.36 — Aid to Other
Impacted Industries
Project Justification (short-
CAMACOL will offer programs to develop employment
SOW)
opportunities for minorities and disenfranchised to enter into
the tech and digital media sectors; training programs to at -risk
youth and minorities; other programs that will develop skills
necessary to obtain employment for the City's minority
community in these sectors; and will work with public and
private sector partners in program implementation.
There is a need to outreach to a special segment of our
community, who are currently underserved and or which have
been affected by the post -pandemic business climate. Either by
a lack of knowledge of technology or a resistance to the
everchanging way of doing business and or securing
employment. Through its various programs and initiatives,
CAMACOL has provided the small and minority business
community with commercial business assistance services which
includes training, and skills development, establishment of
business linkages, employment development. With CAMACOL's
track record, the company is poised to ensure that minorities
and disenfranchised communities are served.
Eligible (Y/N)
Yes, Project is considered eligible under Department of
Treasury Final Rule, contingent upon the below additional
considerations and requirements being met.
Additional Information
• Detailed description of the purpose of the funding and
needed
costs to be covered with ARPA funding.
• Provide any additional information related to use of
contracted services with partners.
• Key Performance Indicators
• Number of individuals that will be served
Next Steps
• Atkins to monitor costs, expenditures and gather data
for quarterly and annual reporting.
• Atkins to review contract agreements when available.
QC Completed (Name/Date)
Jamelyn Austin Trucks 10/22/2022
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 meets Office of Management and Budget
procurement standards set forth in 2 CFR 200.316-320.
• Expenditure Category 2.10 - Assistance to Unemployed or Underemployed Workers (e.g. job
training, subsidized employment, employment supports or incentives) — Requires the following
additional reporting:
o Recipients must identify the amount of the total funds that are allocated to evidence -
based interventions
o Recipients must report on whether projects are primarily serving disproportionately
impacted communities.
• Project Type/EC Use of Evidence (for all ECs indicated) - Collection to begin in April 2022
o The dollar amount of the total project spending that is allocated towards evidence -
based interventions
o Indicate if a program evaluation of the project is being conducted
• Required Programmatic Data For all projects listed under the following Expenditure Categories,
the information listed must be provided in each report. Public Health and Negative Economic
Impact (EC 1.1-3.5) - Collection to begin in April 2022
o Brief description of structure and objectives of assistance program(s), including public
health or negative economic impact experienced
o 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.
• Project Demographic Distribution (applicable to Public Health and Negative Economic Impact
ECs: EC 1.1-2.37)— Collection began 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:
o a. What Impacted and/or Disproportionally Impacted population does this project
primarily serve? Please select the population primarily served.
o b. 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:
Assistance to Households
Impacted
• Low- or -moderate income households or populations
• Households that experienced unemployment
• Households that experienced increased food or housing insecurity
• Households that qualify for certain federal programs
• For services to address lost instructional time in K-12 schools: any students that lost
access to in- person instruction for a significant period of time
• Other households or populations that experienced a negative economic impact of the
pandemic other than those listed above (please specify)
Disproportionality
• Low-income households and populations
• Households and populations residing in Qualified Census Tracts
• Households that qualify for certain federal programs
• Households receiving services provided by Tribal governments
• Households residing in the U.S. territories or receiving services from these governments
• For services to address educational disparities, Title I eligible schools
• Other households or populations that experienced a disproportionate negative
economic impact of the pandemic other than those listed above (please specify)
• Additional Required Programmatic Data for States, U.S. territories, and metropolitan cities and
counties with a population that exceeds 250,000 residents only: Assistance to Unemployed or
Underemployed Workers (EC 2.10) and Community Violence Interventions (EC 1.11):
o Number of workers enrolled in sectoral job training programs
o Number of workers completing sectoral job training programs
o Number of people participating in summer youth employment 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
Job Training
Pg. 116-118: Assistance to Unemployed and Underemployed Workers
The interim final rule included assistance to unemployed workers as an enumerated eligible use,
including "services like job training to accelerate rehiring of unemployed workers." Treasury provided
further guidance, based on recipient questions after the interim final rule, that eligible uses under this
section also include "other efforts to accelerate rehiring and thus reduce unemployment, such as
childcare assistance, assistance with transportation to and from a jobsite or interview, and incentives for
newly employed workers[,]" as well as assistance to unemployed workers seeking to start small
businesses. Finally, further guidance also provided that "public jobs programs, subsidized employment,
combined education and on-the-job training programs, or job training to accelerate rehiring or
address negative economic or public health impacts experienced due to a worker's occupation or level
of training" are all enumerated eligible uses as assistance to unemployed or underemployed workers.
The interim final rule defined eligible beneficiaries of assistance as "individuals who want and are
available for work, including those who have looked for work sometime in the past 12 months or who
are employed part time but who want and are available for full-time work."
This definition is based on definitions used by the Bureau of Labor Statistics to define individuals
currently unemployed, as well as persons marginally attached to the labor force and working part-time
for economic reasons.176 The latter two classifications are types of labor underutilization, or
"underemployed" workers.177 Finally, the interim final rule specified that assistance to unemployed
workers included both workers who lost their job during the pandemic and resulting recession and
workers unemployed when the pandemic began who saw further deterioration of their economic
prospects due to the pandemic.
Treasury confirmed that job fairs or grants to businesses to hire underserved workers are eligible uses
under this section.
Treasury is also enumerating that job and workforce training centers are eligible capital expenditures, so
long as they adhere to the standards and presumptions detailed in the section Capital Expenditures in
General Provisions: Other.
The final rule maintains the definition of eligible beneficiaries, which is aligned with the Bureau of Labor
Statistics' definitions of unemployed workers and other labor underutilization, using a common, widely
known definition that incorporates a broad group of individuals both unemployed, or whose skills are
otherwise underutilized in the labor market. In addition, recognizing that the pandemic has generated
broad workforce disruption, in the final rule, Treasury is making clear that recipients may provide job
training or other enumerated types of assistance to individuals that are currently employed but are
seeking to move to a job that provides better opportunities for economic advancement, such as higher
wages or more opportunities for career advancement.
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: Arthur Noriega V
City Manager
FROM: Marie "Maggie" Gouin�
Director
Office of Management & Budget
BACKGROUND
DATE: November 1, 2022
SUBJECT: ARPA Allocation of $1,000,000 to
Latin American Chamber of
Commerce of the United States — CAMACOL
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.
CAMARA DE COMERCIO LATINA DE LOS ESTADOS UNIDOS ("CAMACOL"), INC is a not for profit
organization which coducts programs to strengthen local business activity, promotes economic
development, facilitates international commerce, and serves the civic needs of the community and state.
CAMACOL works with community leaders and partners on local, statewide and national and international
level to ensure that the economy recovers and grows. The organization offers programs focused on
fostering job creation, retention and development.
The organization proposes to offer a program dedicated to providing an outreach to a special segment of
our community, who are currently underserved and or which have been affected by the post -pandemic
business climate.
The ARPA (SLFRF) funds, in the amount of $1,000,000, will be allocated to the Subrecipient. The funds
will be used to offer programs to develop employment opportunities for minorities and disenfranchised to
enter into the tech and digital media sectors; training programs to at -risk youth and minorities; other
programs that will develop skills necessary to obtain employment for the City's minority community in these
sectors; and will work with public and private sector partners in program implementation.
RECOMMENDATION
In light of the above stated, approval of a waiver of the formal requirements of competatitve sealed bidding
methods as not being practicable or advantageous to the City as set forth in the City Code of Ordinances,
as amended;sp-�_Ycl lcally Section 18-85 (A), and the affirmation of these written findings and the forwarding
of tCesame to the qty Commission for ratification by a fourth -fifths vote is respectfully requested.
Arthur Nori6ga V
City Manager
CITY OF MIAMI, FLORIDA
NOTICE OF PUBLIC HEARING
A public hearing will be held by the City Commission of the City of Miami, Florida on
Thursday, November 17, 2022, at 9:00 AM at City Hall, located at 3500 Pan American
Drive, Miami, Florida, 33133 for the purpose of granting the following:
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 REIMBURSEMENT BASIS, IN A TOTAL AMOUNT NOT
TO EXCEED ONE MILLION DOLLARS ($1,000,000.00) ("GRANT") TO CAMARA DE
COMERCIO LATINA DE LOS ESTADOS UNIDOS (CAMACOL), INC., a FLORIDA
NOT FOR PROFIT CORPORATION, ("CAMACOL"), IN ORDER TO IMPLEMENT ITS
YOUTH AND MINORITY EMPLOYMENT AND JOB TRAINING PROGRAMS IN THE
TECH AND DIGITAL MEDIA SECTORS, 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
CAMACOL AND ANY AND ALL OTHER NECESSARY DOCUMENTS,
MODIFICATIONS, AND AMENDMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY
ATTORNEY, FOR SAID PURPOSE.
The Miami City Commission requests all interested parties be present or represented at
the meeting and may be heard with respect to any proposition before the City
Commission in which the City Commission may take action. Should any person desire
to appeal any decision of the City Commission with respect to any matter to be
considered at this meeting, that person shall ensure that a verbatim record of the
proceedings is made including all testimony and evidence upon which any appeal may
be based (F.S. 286.0105).
Pursuant to Miami City Code Section 2-33(o), whenever a scheduled City Commission
meeting is cancelled or is not held due to a lack of a quorum or other emergency, a
special City Commission meeting will be automatically scheduled for the Tuesday
immediately following the cancelled meeting. All of the scheduled agenda items from
that cancelled meeting shall automatically be scheduled as an agenda item at the
special City Commission meeting. The City Clerk shall notify the public of the special
meeting that is to take place by placing a notice of the special City Commission meeting
at the entrance of City Hall and the City's main administrative building, placing a notice
on the City's website, and, if feasible, placing an ad in a newspaper of general
circulation before the special meeting on the immediately following Tuesday. There shall
be no additional notice by publication required for any such scheduled agenda item that
is moved to the special City Commission meeting.
In accordance with the Americans with Disabilities Act of 1990, persons needing special
accommodations to participate in this proceeding may contact the Office of the City
Clerk at (305) 250-5361 (Voice) no later than five (5) business days prior to the
proceeding. TTY users may call via 711 (Florida Relay Service) no later than five (5)
business days prior to the proceeding.
(City Seal) Todd B. Hannon
City Clerk
Ad No. 40212