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Home My WebLink AboutLEGISLATION:w City of Miami City Hall 3500 Pan American ` Drive Legislation Miami, FL 33133 www.miamigov.com Resolution File Number: 09-00497 Final Action Date: 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 RECOMMENDATIONS AND FINDINGS THAT COMPETITIVE BIDDING METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS PURSUANT TO SECTION 18-85 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; APPROVING THE RECOMMENDATIONS AND FINDINGS OF THE CITY OF MIAMI'S DEPARTMENT OF COMMUNITY DEVELOPMENT THAT MIAMI'S RIVER OF LIFE, INC., A STATE OF FLORIDA AND FEDERAL NOT-FOR-PROFIT ORGANIZATION, ("MRL"), IS THE MOST QUALIFIED FIRM TO PROVIDE SUPPORTIVE HOUSING AND OTHER SUCH ACTIVITIES IN CONJUNCTION WITH THE DEVELOPMENT, MANAGEMENT, AND USE OF THE CITY -OWNED SIX (6) UNIT PROPERTY LOCATED AT 1371 NORTHWEST 61ST STREET, MIAMI, FLORIDA, LEGALLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED ("PROPERTY"); AUTHORIZING THE CITY MANAGER TO EXECUTE A SAFE HARBOR MANAGEMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR A FIVE (5) YEAR INITIAL TERM WITH UP TO TWO (2) OPTIONS TO RENEW FOR TERMS OF FIVE (5) YEARS EACH, WITH MRL FOR THE DEVELOPMENT, MANAGEMENT AND USE OF THE PROPERTY FOR A SUPPORTIVE HOUSING FACILITY (A TRANSITIONAL INDEPENDENT LIVING FACILITY) FOR FEMALE YOUNG ADULTS TRANSFERRING OUT OF FLORIDA'S FOSTER CARE SYSTEM (INCLUDING AT -RISK DEPENDENCEY AND DELINQUENCY CARE SYSTEMS); FURTHER AUTHORIZING THE CITY MANAGER, AFTER CONSULTATION WITH THE CITY ATTORNEY,TO EXECUTE ALL OTHER NECESSARY DOCUMENT(S) FOR SAID PURPOSE FOR DEVELOPMENT, MANAGEMENT, AND USE(S) OF THE PROPERTY TO COMPLY WITH REQUIREMENTS OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED, AND OF THE CITY'S HOMELAND DEFENSE/NEIGHBORHOOD CAPITAL IMPROVEMENTS BOND PROGRAM; AND RESCINDING RESOLUTION NO. 08-0253. WHEREAS, pursuant to Resolution No. 04-0271 adopted on April 22, 2004 (attached and incorporated hereby as Composite Exhibit A), the Miami City Commission authorized, inter alia, the allocation in an amount not to exceed one million, eight hundred thousand dollars ($1,800,000) for land acquisition for the Model City Home Ownership Zone Pilot Project from funds previously designated for Model City infrastructure improvements, in Fiscal Year 2003 and Fiscal Year 2004 allocations of Homeland Defense/Neighborhood Improvements Improvement Bond proceeds conditioned upon favorable decision of Bond Counsel (attached and incorporated hereby as part of Composite Exhibit A); and City of Miami Page I of 4 Printed On: 711512009 File Number: 09-00497 WHEREAS, in conjunction with Resolution No. 04-0271, such determination by Bond Counsel also provided conditions for land acquisitions and concluded, inter alfa, that the District 5 "Quality of Life" designation for Homeland Defense/Neighborhood Improvement Bond proceeds could also be used, in order for land acquisitions to comply with the required rules and regulations of the Internal Revenue Code of 1986, as amended (collectively, the "Internal Revenue Code") and with the related City requirements for the Homeland Defense/Neighborhood Capital Improvements Bond Program; and WHEREAS, on September 23, 2004, pursuant to the authorization of Resolution No. 04-0271, the Model City Trust acquired for one hundred and sixty thousand, seven hundred and fifty-eight dollars and twenty-eight cents ($160,758.28) the multifamily rental property located at 1371 Northwest 61st Street, Miami, Florida (the "Property") as part of the Model City Home Ownership Zone Pilot Project; and WHEREAS, on March 10, 2008, the City of Miami ("City") issued a request for proposals ("RFP"), for non-profit entities to acquire the City -owned Property, for the provision of transitional housing for youth transitioning out of Florida's foster care systems, Miami's River of Life, Inc. ("MRL") submitted the only response to the RFP, and that response met the minimum RFP threshold requirements; and WHEREAS, after review by an Evaluation Committee comprised of a resident of the Liberty City area, a representative of the Liberty City Community Revitalization Trust and an employee of the City of Miami Department of Community Development, the City Commission pursuant to Resolution No. 08-0253, adopted May 8, 2008 ("Resolution No. 08-0253"), decided to accept the MRL proposal, with the intent to convey the Property to MRL; and WHEREAS, (i) in accordance with the Internal Revenue Code guidelines applicable to agreements involving governmental units and uses of bond -financed facilities by a not-for-profit organization with tax-exempt status under Internal Revenue Code Section 501(c)(3), and (ii) in consideration of the ongoing Homeland Defense/Neighborhood Capital Improvements Bond Program and potential future City needs, the City has determined to retain the Property and to enter into a Safe Harbor Management Agreement for the Property with MRL, rather than to convey the Property; and WHEREAS, MRL is a Florida and federal not for profit organization which for the past fourteen (14) years has committed its resources to the care, protection, and progress of thousands of youth in the State of Florida's Department of Juvenile Justice, Department of Children and Families and other child protection systems; and WHEREAS, the MRL "Independent & Transitional Living" program will serve young ladies from 16 to 21 years of age who are in need of transitional living on an average of 3 to 9 months; and WHEREAS, MRL is in good standing with the City; and WHEREAS, the development, management, and use of the Property by MRL will be subject to the following continuing compliance covenants, among others necessary to comply with the Homeland Defense/Neighborhood Capital Improvements Bond Program, to be included in the Safe Harbor Management Agreement: (i) the Property must be developed, managed, and used for supportive housing for female young adults transferring out of Florida's foster care system (including at -risk dependency and delinquency care systems); (ii) priority must be given to young adults from the Liberty City area; (iii) MRL must retain its State of Florida and Federal not-for-profit status throughout the City of Miami Page 2 of 4 Printed On: 7/15/2009 File Number 09-00497 initial term of the Safe Harbor Management Agreement and any renewals thereof; (iv) the initial term shall be for five (5) years, with up to two (2) options to renew for five (5) years each term; (v) neither the City nor MRL shall pay or receive from each other any compensation for the development, management and/or use of the Property; (vi) the City must approve in writing in advance any change in development, management and/or use of the Property; and (vii) MRL's rights to develop, manage and use the Property will terminate and the rights to develop, manage, and use the Property shall revert to the City in the event the Property ceases to be developed, managed and/or used for its intended purpose; and WHEREAS, the City Manager has approved the recommendation of the Department of Community Development, and has made findings that pursuant to Section 18-85 of the Code of the City of Miami, Florida, as amended ("City Code"), competitive negotiation methods are neither practicable nor advantageous for obtaining said services for development, management and use of the Property, and has recommended to the City Commission that the recommendation and finding be adopted; and WHEREAS, the Administration recommends entering into a Safe Harbor Management Agreement, with continuing compliance conditions and provisions, for the City -owned six unit building located at 1371 Northwest 61st Street, Miami, Florida, legally described in Exhibit "A", attached and incorporated, to MRL for the development, management and use of the Property for supportive housing (a transitional independent living facility) for female young adults transferring out of Florida's foster care systems (including at -risk dependency and delinquency care systems), with the further intention to offer MRL a right of first refusal, upon certain conditions, to acquire the Property once the IRS bond compliance period has ended, but with public purpose covenants to run with the land; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated 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 findings and recommendations that competitive bidding methods and procedures are not practicable or advantageous pursuant to Section 18-85 of the City Code, waiving the requirements for said procedures, is ratified, approved and confirmed and the City Department of Community Development's recommendations and findings that Miami's River of Life, Inc., a Florida and federal not-for-profit corporation ("MRL"), is the most qualified firm to provide supportive housing and other such activities at the City -owned six (6) unit property located at 1371 North West 61st Street, Miami, Florida, legally described in Exhibit "A" attached and incorporated ("Property"), is approved. Section 3. The City Manager is authorized to execute a Safe Harbor Management Agreement, in substantially the attached form, for a five (5) year initial term with up to two (2) options to renew for terms of five (5) years each, with MRL for the development, management, and use of the Property for a supportive housing facility (a transitional independent living facility) for female young adults transferring out of Florida's foster care systems (including at -risk dependency and delinquency care systems). Section 4. The City Manager is further authorized{1}, after consultation with the City Attorney, to execute all other necessary document(s) for said purpose for development, management, and use(s) of the Property to comply with the requirements of the Internal Revenue Code of 1986, as amended, and of the City's Homeland Defense/Neighborhood Capital Improvements Bond Program. City of Miami Page 3 of 4 Printed On: 711512009 File Number: 09-00497 Section 5. Resolution No. 08-0253 is hereby rescinded. Section 6. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. {2} APPROVED AS TO FORM AND CORRECTNESS: JULIE O. BRU CITY ATTORNEY Footnotes: {1} The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable Charter and Code provisions. {2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 4 of 4 Printed On: 7/15/2009