HomeMy WebLinkAboutR-09-0364Vop City of Miami
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Resolution: R-09-0364
File Number: 09-00497
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 7/23/2009
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY
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 FLORIDAAND 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 61 ST 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 (ATRANSITIONAL INDEPENDENT LIVING
FACILITY) FOR FEMALE YOUNG ADULTS TRANSFERRING OUT OF FLORIDA'S
FOSTER CARE SYSTEM (INCLUDING AT -RISK DEPENDENCY 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 alis, 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
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WHEREAS, in conjunction with Resolution No. 04-0271, such determination by Bond Counsel
also provided conditions for land acquisitions and concluded, inter alis, 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
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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 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).
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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.
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}
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.
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