Loading...
HomeMy WebLinkAboutLegislation SUBTHIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. City of Miami Legislation Resolution: R-21-0187 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 8970 Final Action Date: 5/13/2021 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 FINDINGS AND DETERMINATIONS OF THE LIBERTY CITY COMMUNITY REVITALIZATION TRUST ("TRUST") PRESIDENT BY MEMORANDUM AND THE FINDINGS AND DETERMINATIONS OF THE TRUST BY TRUST RESOLUTION 21-001 ADOPTED MAY 12, 2021 ("TRUST RESOLUTION"), TOGETHER ATTACHED AND INCORPORATED AS EXHIBIT "A", THAT COMPETITIVE SEALED BIDDING METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS FOR THE CITY OF MIAMI ("CITY") OR TRUST, PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), AND WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; APPROVING THE RECOMMENDATIONS AND FINDINGS OF THE TRUST THAT THE DYNAMIC COMMUNITY DEVELOPMENT CORPORATION, A FLORIDA NOT FOR PROFIT CORPORATION ("PROVIDER") IS A SUFFICIENTLY QUALIFIED AND RESPECTED FIRM THAT HAS THE EXPERIENCE AND PROGRAMMATIC KNOWLEDGE TO COORDINATE AND IMPLEMENT THE DISTRICT 5 NEIGHBORHOODS OWNER -OCCUPIED AFFORDABLE HOUSING IMPROVEMENTS GRANT PROGRAM ("WYNWOOD HOUSING GRANT PROGRAM") ESTABLISHED BY ORDINANCES 13758, ADOPTED MARCH 22, 2018, AND 13859, ADOPTED SEPTEMBER 12, 2019, (COLLECTIVELY THE "AUTHORIZING ORDINANCES"); AUTHORIZING THE TRUST PRESIDENT TO NEGOTIATE AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE PROVIDER FOR THE COORDINATION AND IMPLEMENTATION OF THE WYNWOOD HOUSING GRANT PROGRAM FOR A FEE NOT TO EXCEED FIFTY FOUR THOUSAND DOLLARS ($54,000.00) PURSUANT TO THE TRUST RESOLUTION AND IN COMPLIANCE WITH ALL FEDERAL, STATE OF FLORIDA, AND LOCAL LAWS, THE CHARTER OF THE CITY OF MIAMI, AS AMENDED, THE CITY CODE, AND THE AUTHORIZING ORDINANCES. SPONSOR(S): Commissioner Jeffrey Watson WHEREAS, the City of Miami ("City") created and established the Liberty City Community Revitalization Trust pursuant to Ordinance No. 12859 adopted October 12, 2006 ("Trust"); and WHEREAS, pursuant to Ordinance No. 13758, adopted March 22, 2018, the Miami City Commission approved a contribution by Westdale Wynwood, LP ("Developer") of a total amount of One Million Dollars ($1,000,000.00) for neighborhood improvements to a neighborhood City of Miami 8970 Legislation -SUB Page 1 of 3 File ID: 8970 (Revision: A) Printed On: 6/2/2021 File ID: 8970 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Enactment Number: R-21-0187 revitalization organization or community revitalization trust service in District 5 ("Contribution"); and WHEREAS, in furtherance of Ordinance 13758, the City and Developer entered into a Declaration of Restrictive Covenants dated April 18, 2018 and recorded in Miami -Dade County Official Records Book 31312 Page 1461 ("Covenant") memorializing Developer's commitment, and providing that the Contribution will be paid as follows: (a) Five Hundred Thousand Dollars ($500,000.00) payable within sixty (60) of the effective date of the approved covenant, (b) Two Hundred Fifty Thousand Dollars ($250,000.00) payable upon issuance of a building permit for the Developer's project, and (c) Two Hundred Fifty Thousand Dollars ($250,000.00) payable upon issuance of a certificate of occupancy for the Developer's project; and WHEREAS, pursuant to Ordinance No. 13859, adopted September 12, 2019, the Miami City Commission amended the Code of the City of Miami, Florida, as amended ("City Code") to designate the Trust as the recipient organization under Ordinance 13758 (Ordinance 13758 and 13859 collectively referred to herein as the "Authorizing Ordinances") and to establish a new District 5 neighborhoods owner -occupied affordable housing grant program for low income homeowners ("Wynwood Housing Grant Program") in order to assist homeowners of owner - occupied dwellings in District 5 with life safety, resiliency, flood prevention, sustainability, hurricane hardening, and other necessary affordable housing improvements such as, but not limited to, installations of high -impact windows and doors, new energy efficient HVAC systems, new efficient electrical and plumbing systems, new or repaired roofs, and other necessary repairs for dwellings owned and occupied by low income homeowners; and WHEREAS, the Trust received the Developer's first contribution in the total amount of Five Hundred Thousand Dollars ($500,000.00) for the Wynwood Housing Grant Program in accordance with the Authorizing Ordinances and the Covenant; and WHEREAS, pursuant to Section 18-85(a) of the City Code, the Trust President, by way of memorandum dated April 29, 2021, has made a written finding that competitive sealed bidding is neither practicable nor advantageous for the provision of services from Provider in connection with the management and implementation of the Wynwood Housing Grant Program; and ("Memorandum"); and WHEREAS, the governing body of the Trust passed resolution 21-001 on May 12, 2021, ("Trust Resolution"), finding that Provider has the experience and programmatic knowledge to coordinate and implement the Wynwood Housing Grant Program, finding that competitive negotiation methods and procedures are not practicable or advantageous, and requesting that the City Commission authorize the Trust President to negotiate and execute a professional services agreement, in a form acceptable to the City Attorney, for the management and implementation of the Wynwood Housing Grant Program ("Agreement"); and WHEREAS, the Memorandum and Trust Resolution as attached and incorporated as Exhibit "A"; and WHEREAS, pursuant to the Trust Resolution, the Agreement shall provide for the payment to Provider of a fee not to exceed fifty-four thousand dollars ($54,000.00); and WHEREAS, the Trust is requesting authority from the City Commission to negotiate and execute a professional services agreement with the Provider, in a form acceptable to the City Attorney, for the management and implementation of the Wynwood Housing Grant Program City of Miami Page 2 of 3 File ID: 8970 (Revision: A) Printed on: 6/2/2021 File ID: 8970 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Enactment Number: R-21-0187 utilizing the initial funds received by Developer in compliance with all Federal, State of Florida, local laws, City Charter, City Code, and the Authorizing Ordinances; 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 hereby adopted by reference and incorporated herein as if fully set forth in this Section. Section 2. Pursuant to Section 18-85(a) of the City Code, by a four -fifths (4/5ths) affirmative vote, after an advertised public hearing, the Trust President's Memorandum and the Trust Resolution, together attached and incorporated as Exhibit "A", that competitive sealed bidding methods and procedures are not practicable or advantageous for the provision of management services in connection with the Wynwood Housing Grant Program and waiving the requirements for said procedures, are hereby ratified, approved, and confirmed. Section 3. The recommendations and findings of the Trust that Provider is a sufficiently qualified and respected firm that has the experience and programmatic knowledge to coordinate and implement the Wynwood Housing Grant Program are hereby approved. Section 4. The Trust President is authorized' to negotiate and execute an Agreement, between the Trust and Provider, in a form acceptable to the City Attorney, whereby Provider shall manage and implement the Wynwood Housing Grant Program for a total fee not to exceed fifty-four thousand dollars ($54,000.00), which shall be paid from the initial funds received by Developer. Section 5. The Trust President is further authorized' to negotiate and execute any and all other necessary documents to effectuate such purpose, including any amendments, renewals, and extensions, all in forms acceptable to the City Attorney, and subject to all allocations, appropriations, prior budgetary approvals, compliance with all applicable provisions of the City Code, the Anti -Deficiency Act, and Financial Integrity Principles, and with all applicable laws, rules, and regulations. Section 6. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: ndez, ity Attar ey 6/1/2021 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: 8970 (Revision: A) Printed on: 6/2/2021 SUBSTITUTED City of Miami Legislation Resolution File Number: 8970 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.co Final Actio A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED HEARING, RATIFYING, APPROVING, AND CONFIRMING THE FINDIN DETERMINATIONS OF THE LIBERTY CITY COMMUNITY REVITALI ("TRUST") BY RESOLUTION ADOPTED MAY 5, 2021 ("TRUST RES ATTACHED AND INCORPORATED AS EXHIBIT "A", THAT COMP BIDDING METHODS AND PROCEDURES ARE NOT PRACTIC ADVANTAGEOUS FOR THE CITY OF MIAMI ("CITY") OR TRU SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI AMENDED ("CITY CODE"), AND WAIVING THE REQUIRE PROCEDURES; APPROVING THE RECOMMENDATIO TRUST THAT THE DYNAMIC COMMUNITY DEVELOP FLORIDA NOT FOR PROFIT CORPORATION ("PRO QUALIFIED AND RESPECTED FIRM THAT HAS T PROGRAMMATIC KNOWLEDGE TO COORDIN DISTRICT 5 NEIGHBORHOODS OWNER-OCC IMPROVEMENTS GRANT PROGRAM ("WY ESTABLISHED BY ORDINANCES 13758, ADOPTED SEPTEMBER 12, 2019, (COL ORDINANCES"); AUTHORIZING THE T PROFESSIONAL SERVICES AGREE ATTORNEY, WITH THE PROVIDE IMPLEMENTATION OF THE WY NOT TO EXCEED FIFTY FOUR THE TRUST RESOLUTION A FLORIDA, AND LOCAL LA AMENDED, THE CITY CO WHEREAS, the Community Revitalizat ("Trust"); and ate: ), BY A BLIC AND ION TRUST LUTION"), ITIVE SEALED LE OR T, PURSUANT TO LORIDA, AS ENTS FOR SAID AND FINDINGS OF THE ENT CORPORATION, A DER") IS A SUFFICIENTLY EXPERIENCE AND E AND IMPLEMENT THE PIED AFFORDABLE HOUSING OOD HOUSING GRANT PROGRAM") OPTED MARCH 22, 2018, AND 13859, CTIVELY THE "AUTHORIZING UST TO NEGOTIATE AND EXECUTE A ENT, IN A FORM ACCEPTABLE TO THE CITY OR THE COORDINATION AND OOD HOUSING GRANT PROGRAM FOR A FEE HOUSAND DOLLARS ($54,000.00) PURSUANT TO IN COMPLIANCE WITH ALL FEDERAL, STATE OF THE CHARTER OF THE CITY OF MIAMI, AS E, AND THE AUTHORIZING ORDINANCES. y of Miami ("City") created and established the Liberty City Trust pursuant to Ordinance No. 12859 adopted October 12, 2006 WHERE L :, pursuant to Ordinance No. 13758, adopted March 22, 2018, the Miami City Commission a• •roved a contribution by Westdale Wynwood, LP ("Developer") of a total amount of One Millio Dollars ($1,000,000.00) for neighborhood improvements to a neighborhood revitalizatio organization or community revitalization trust service in District 5 ("Contribution"); and WHEREAS, in furtherance of Ordinance 13758, the City and Developer entered into a Der aration of Restrictive Covenants dated April 18, 2018 and recorded in Miami -Dade County icial Records Book 31312 Page 1461 ("Covenant") memorializing Developer's commitment, nd providing that the Contribution will be paid as follows: (a) Five Hundred Thousand Dollars ($500,000.00) payable within sixty (60) of the effective date of the approved covenant, (b) Two Hundred Fifty Thousand Dollars ($250,000.00) payable upon issuance of a building permit for SUBSTITUTED the Developer's project, and (c) Two Hundred Fifty Thousand Dollars ($250,000.00) payable upon issuance of a certificate of occupancy for the Developer's project; and WHEREAS, pursuant to Ordinance No. 13859, adopted September 12, 2019, the Mia City Commission amended the Code of the City of Miami, Florida, as amended ("City Code") o designate the Trust as the recipient organization under Ordinance 13758 (Ordinance 1375 and 13859 collectively referred to herein as the "Authorizing Ordinances") and to establish a ► -w District 5 neighborhoods owner -occupied affordable housing grant program for low inc. e homeowners ("Wynwood Housing Grant Program") in order to assist homeowners of •wner- occupied dwellings in District 5 with life safety, resiliency, flood prevention, sustain •ility, hurricane hardening, and other necessary affordable housing improvements suc► as, but not limited to, installations of high -impact windows and doors, new energy efficient 'VAC systems, new efficient electrical and plumbing systems, new or repaired roofs, and of ' r necessary repairs for dwellings owned and occupied by low income homeowners; an WHEREAS, the Trust received the Developer's first contributio n the total amount of Five Hundred Thousand Dollars ($500,000.00) for the Wynwood Ho ing Grant Program in accordance with the Authorizing Ordinances and the Covenant; an WHEREAS, the governing body of the Trust passed a r- olution on May 5, 2021, attached and incorporated as Exhibit "A" ("Trust Resolution") inding that Provider has extensive experience and programmatic knowledge to coo •inate and implement programs such as the Wynwood Housing Grant Program, finding t =t competitive negotiation methods and procedures are not practicable or advantageous, - , d requesting that the City Commission authorize the Trust to negotiate and execute a profe :tonal services agreement, in a form acceptable to the City Attorney, for the manageme and implementation of the Wynwood Housing Grant Program ("Agreement"); and WHEREAS, pursuant to the Trust Re elution, the Agreement shall provide for the payment to Provider of a fee not to exceed y-four thousand dollars ($54,000.00); and WHEREAS, pursuant to Sectio 8-85(a) of the City Code, the Trust has made a written finding by the Trust Resolution, attac -d and incorporated as Exhibit "A", that competitive negotiation methods and procedur=. are not practicable or advantageous for the provision of services from Provider in connec •n with the management and implementation of the Wynwood Housing Grant Program; and WHEREAS, the Tru execute a professional s Attorney, for the mana utilizing the initial fun local laws, City Ch is requesting authority from the City Commission to negotiate and ices agreement with the Provider, in a form acceptable to the City ment and implementation of the Wynwood Housing Grant Program received by Developer in compliance with all Federal, State of Florida, er, City Code, and the Authorizing Ordinances; NOW, T EREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLO SA: S= tion 1. The recitals and findings contained in the Preamble to this Resolution are hereby dopted by reference and incorporated herein as if fully set forth in this Section. Section 2. Pursuant to Section 18-85(a) of the City Code, by a four -fifths (4/5ths) a r rmative vote, after an advertised public hearing, the Trust's written findings and eterminations in the Trust Resolution, attached and incorporated as Exhibit "A", that competitive sealed bidding methods and procedures are not practicable or advantageous for the provision of management services in connection with the Wynwood Housing Grant Program and SUBSTITUTED waiving the requirements for said procedures, are hereby ratified, approved, and confirmed. Section 3. The recommendations and findings of the Trust that Provider is a sufficiently qualified and respected firm that has the experience and programmatic knowledge to coordin and implement the Wynwood Housing Grant Program are hereby approved. Section 4. The Trust is authorized' to negotiate and execute an Agreement, bet Trust and Provider, in a form acceptable to the City Attorney, whereby Provider shall and implement the Wynwood Housing Grant Program for a total fee not to exceed fi thousand dollars ($54,000), which shall be paid from the initial funds received by Section 5. The Trust is further authorized' to negotiate and execute a necessary documents to effectuate such purpose, including any amendmen extensions, all in forms acceptable to the City Attorney, and subject to all appropriations, prior budgetary approvals, compliance with all applicabl Code, the Anti -Deficiency Act, and Financial Integrity Principles, and rules, and regulations. Section 6. This Resolution shall become effective imme signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: en the nage -four veloper. n and all other , renewals, and ocations, rovisions of the City all applicable laws, tely upon its adoption and