Loading...
HomeMy WebLinkAboutScrivener's Error MemoCITY OF MIAMI OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Todd B. Hannon, City Clerk FROM: Victoria Mendez, City Attornew�� DATE: May 21, 2021 RE: Resolution No. 21-0187 — Bid Waiver - Wynwood Housing Grant Program File No. 8970 At its May 13, 2021 meeting, the City Commission adopted the above referenced agenda item, PH.1, waiving competitive sealed bidding methods and procedures for the provision of management services to the Liberty City Revitalization Trust ("Trust") by the Dynamic Community Development Corporation, a Florida not for profit corporation ("Provider"), in connection with the District 5 neighborhoods owner -occupied affordable housing improvements grant program, referred to as the Wynwood Housing Grant Program. The item published with a wrong description of the effective date. Further, the date of the Trust meeting to approve the award to the Provider was modified after the publishing of the Agenda. Revisions have been placed in Revision A of the Legislation and Exhibit "A" to the Legislation updated to include Trust Resolution No. 21-001. VM/BLM/JL/vj a Enclosure(s) 8970 Scrivener's Error Memo City of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 8970 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 FINDINGS AND DETERMINATIONS OF THE LIBERTY CITY COMMUNITY REVITALIZATION TRUST ("TRUST") BY RESOLUTION ADOPTED MAY 5, 2021 ("TRUST RESOLUTION"), 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 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. 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 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, the governing body of the Trust passed a resolution on May 5, 2021, attached and incorporated as Exhibit "A" ("Trust Resolution"), finding that Provider has extensive experience and programmatic knowledge to coordinate and implement programs such as 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 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, 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, pursuant to Section 18-85(a) of the City Code, the Trust has made a written finding by the Trust Resolution, attached and incorporated as Exhibit "A", that competitive negotiation methods and procedures are not practicable or advantageous for the provision of services from Provider in connection with the management and implementation of the Wynwood Housing Grant Program; 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 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's written findings and determinations 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 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 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), which shall be paid from the initial funds received by Developer. Section 5. The Trust 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 and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: 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 Page 1 of 3 File ID: 8970 (Revision: A) Printed On: 6/2/2021 File ID: 8970 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 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