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A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -
FIFTHS (4/5) AFFIRMATIVE VOTE, APPROVING, AND CONFIRMING THE CITY
MANAGER'S EMERGENCY FINDING, CERTIFIED AS AGENCY HEAD, ATTACHED AND
INCORPORATED HERETO AS EXHIBIT `A", THAT THE CITY OF MIAMI (`CITY')
AFFORDABLE HOUSING CRISIS IS A VALID PUBLIC EMERGENCY FOR CITY RESIDENTS,
AND, THEREFORE, IT IS ADVANTAGEOUS AND PRACTICABLE FOR THE CITY TO WAIVE
COMPETITIVE BIDDING METHODS PURSUANT TO SECTION 18-90 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED ('CITY CODE"), AND THE CONSULTANTS'
COMPETITIVE NEGOTIATIONS ACT ("CCNA") SECTION 287.055, (3)(A)(1), FLORIDA
STATUTES, AS AMENDED, TO ENGAGE WOLFBERG/ALVAREZ AND PARTNERS INC., A
FLORIDA PROFIT CORPORATION ("WOLFBERG") FOR THE PROVISION OF DESIGN
SERVICES FOR THE NOT -TO -EXCEED AMOUNT OF FOUR HUNDRED EIGHTY
THOUSAND NINE HUNDRED DOLLARS ($480,900.00) FOR AN AFFORDABLE HOUSING
PROJECT LOCATED AT 1251 S.W. 7' STREET AND 1380 N.W. 6T" STREET, MIAMI,
FLORIDA ("PROJECT"); AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT ("AGREEMENT") BETWEEN THE CITY AND
WOLFBERG, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE;
AUTHORIZING AND DIRECTING THE CITY MANAGER TO ALLOCATE IN CONNECTION
WITH THE EXECUTION OF THE AGREEMENT FOR THE PROJECT, FUNDING ON A
REIMBURSEMENT BASIS FOR A NOT -TO -EXCEED AMOUNT OF FOUR HUNDRED EIGHTY
THOUSAND NINE HUNDRED DOLLARS ($480,900.00) FROM THE PROPOSED TRANCHE
2 MIAMI FOREVER AFFORDABLE HOUSING LIMITED AD VALOREM BONDS FOR THE
AFFORDABLE HOUSING COMPONENTS OF THE PROJECT BEING DEVELOPED AS A
CITY PROJECT, WITH SUCH ALLOCATION BEING IN COMPLIANCE WITH ALL
APPLICABLE FEDERAL, STATE OF FLORIDA, LOCAL, AND CITY LAWS, RULES, AND
REGULATIONS FOR AFFORDABLE HOUSING PROJECTS, INCLUDING, BUT NOT LIMITED
TO, THE CITY'S AFFORDABLE HOUSING BONDS PROJECTS STRATEGIES, THE
TRANCHE 2 AFFORDABLE HOUSING INTENT TO REIMBURSE RESOLUTION, AND THE
TRANCHE 2 MIAMI FOREVER AFFORDABLE HOUSING LIMITED AD VALOREM BONDS;
AND FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY
AND ALL DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND
EXTENSIONS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY
APPROVALS, COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CITY CODE,
INCLUDING THE CITY'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND
FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY
CODE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH
ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED NECESSARY
FOR SAID PURPOSE.
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WHEREAS, currently the City of Miami ('City") is experiencing an affordable housing crisis
due to a) the lack of available affordable housing units within the City, and b) the COVID-19
pandemic shutdown which has created a rise in unemployment within the City and the inability for
its residents to afford and pay their rent; and
WHEREAS, the competitive bidding methods outlined in the Consultants' Competitive
Negotiations Act ("CCNA") Section 287.055, Florida Statutes, as amended, for architectural and
engineering services ("A&E") can take upwards of nine (9) months; and
WHEREAS, such a delay is not in the best interest of the City and its residents, considering
the opportunity to immediately create an affordable housing project at 1251 S.W. 7w Street and
1380 N.W. 691 Street, Miami, Florida ("Project"), that will provide much needed relief for City
residents urgently seeking affordable housing; and
WHEREAS, the Project shall consist of the development of a multi -level, approximately
ten (10) to twelve (12) story, Affordable Housing residential building and associated structured
parking, which will be offered by the City for home ownership. The parking garage will
accommodate a one parking space per residential unit plus the code required parking for visitors.
The first floor may house tenant amenities such as a Club Room, Mail and Package Room and a
Gymnasium, as well as building support spaces such as loading, trash room, electrical,
emergency generator, fire command room, etc. Residences will be located on the upper levels
and consist of approximately thirty percent (30%) studios with an area of approximately 480
square feet, fifty percent (50%) one-bedroom/one bath units with an area of 600 square feet and
twenty percent (20%) two-bedrooms/one bath units with an area of 800 square feet. The total unit
count is expected to be approximately 120 units and construction is estimated to total Fourteen
Million Two Hundred Fifty Thousand Dollars ($14,250,000.00); and
WHEREAS, once plans for the Project are completed, the City will issue a hard bid for
construction, identify a funding source, and seek City Commission approval for construction; and
WHEREAS, specifically, CCNA Section 287.055(3)(a)(1), Florida Statutes, as amended,
provides an exception from competitive bidding methods "in cases of valid public emergencies
certified by the agency head"; and
WHEREAS, pursuant to the City Manager's emergency finding, attached and incorporated
as Exhibit "A", finding that the lack of affordable housing units in the City is a valid public
emergency; it is advantageous and practicable for the City to waive competitive bidding methods
pursuant to Section 18-90 of the Code of the City of Miami, Florida, as amended ("City Code"),
and CCNA Section 287.055(3)(a)(1), Florida Statutes, as amended, for the provision of
emergency A&E services for the Project; and
WHEREAS, the City intends to utilize the A&E firm of WolfbergfAlvarez and Partners, Inc.,
a Florida profit corporation ("Wolfberg"), for the design of this Project, based on their experience
with the same, and to negotiate and execute a Professional Services Agreement ("Agreement"),
in a form acceptable to the City Attorney, for a not -to -exceed amount of Four Hundred Eighty
Thousand Nine Hundred Dollars ($480,900.00) for the Project; and
WHEREAS, the Miami City Commission expects to provide for the issuance by the City of
its Tranche 2 taxable and tax-exempt limited ad valorem bonds payable from ad valorem taxes
provided that the capital projects debt millage not exceed the rate of 0.5935 mills in accordance
with the November 7, 2017 bond referendum approved by the voters, initially in an expected not-
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to -exceed total maximum principal amount of Forty Million Dollars ($40,000,000.00), in order to,
among other things, reimburse the City for funds advanced by the City for certain expenses
incurred with respect to capital projects to be undertaken by the City to improve affordable housing
within the City's limits (collectively, "Tranche 2 Miami Forever Affordable Housing Limited Ad
Valorem Bonds"), all as indicated in a separate City Commission Resolution, the related City
Manager's Memorandum, and the seven (7) Tranche 2 Affordable Housing Bonds Projects
Strategies, attached and incorporated therein and thereby (collectively, "Tranche 2 Affordable
Housing Bonds Intent to Reimburse Resolution"); and
WHEREAS, the City Commission has determined that it is in the best interests of the City
to authorize and direct the City Manager to fund, on a reimbursement basis, for a not -to -exceed
amount of Four Hundred Eighty Thousand Nine Hundred Dollars ($480,900.00) from the
proposed Tranche 2 Miami Forever Affordable Housing Limited Ad Valorem Bonds for the
affordable housing components of the Project; and
WHEREAS, such allocation shall be in compliance with all applicable Federal, State of
Florida ("State"), local, and City laws, rules, and regulations for affordable housing projects,
including, but not limited to, the City's Tranche 2 Affordable Housing Bonds Projects Strategies,
the Tranche 2 Affordable Housing Intent to Reimburse Resolution, and the Tranche 2 Miami
Forever Affordable Housing Limited Ad Valorem Bonds;
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 fully set forth in this Section.
Section 2. The City Manager's emergency finding, certified as agency head, attached and
incorporated hereto as Exhibit "A", that the City's affordable housing crisis is a valid public
emergency for City residents and, therefore, it is advantageous and practicable for the City to
waive competitive bidding methods pursuant to Section 18-90 of the City Code and CCNA Section
287.055(3)(a)(1), Florida Statutes, as amended, to engage Wolfberg for the provision of design
services for the not -to -exceed amount of Four Hundred Eighty Thousand Nine Hundred Dollars
($480,900.00) for the Project.
Section 3. The City Manager is authorized(1) to execute the Agreement between the City
and Wolfberg, in a form acceptable to the City Attorney, for said purpose.
Section 4. The City Manager is authorized(1) and directed to allocate in connection with
the execution of the Agreement for the Project, funding on a reimbursement basis for a not -to -
exceed amount of Four Hundred Eighty Thousand Nine Hundred Dollars ($480,900.00) from the
proposed Tranche 2 Miami Forever Affordable Housing Limited Ad Valorem Bonds for the
affordable housing components of the Project being developed as a City Project, with such
allocation being in compliance with all applicable Federal, State of Florida, local, and City laws,
rules, and regulations for affordable housing projects, including, but not limited to, the City's
Affordable Housing Bonds Projects Strategies, the Tranche 2 Affordable Housing Intent to
Reimburse Resolution, and the Tranche 2 Miami Forever Affordable Housing Limited Ad Valorem
Bonds.
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Section 5. The City Manager is further authorized(1) to negotiate and execute any and all
documents, including any amendments, renewals, and extensions, subject to all allocations,
appropriations, prior budgetary approvals, compliance with all applicable provisions of the City
Code, including the City's Procurement Ordinance, Anti -Deficiency Act, and Financial Integrity
Principles, all as set forth in Chapter 18 of the City Code, in a form acceptable to the City Attorney,
and in compliance with all applicable laws, rules, and regulations, as may be deemed necessary
for said purpose.
Section 6. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor. {2}
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{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 City
Charter and Code provisions.
{2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten 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
APPROVED AS TO FORM AND CORRECTNESS:
VICTORIA MENDEZ
CITY ATTORNEY
4
AMENDED ("CITY CODE"), AND CONSULTANTS' CO
NEGOTIATIONS ACT (11CCNA") SECTION 287.055, (3)(A
AS AMENDED, TO ENGAGE WOLFBERG/ALVAREZ A
FLORIDA PROFIT CORPORATION ("WOLFBERG"), F
DESIGN SERVICES FOR AFFORDABLE HOUSING
SOUTHWEST 7TH STREET AND 1380 NORTHW
FLORIDA ("PROJECTS"); AUTHORIZING THE
PROFESSIONAL SERVICES AGREEMENT B
IN A FORM ACCEPTABLE TO THE CITY AT
FURTHER AUTHORIZING THE CITY MAN
ANY AND ALL DOCUMENTS, INCLUDIN
EXTENSIONS, SUBJECT TO ALL ALL
APPROVALS, COMPLIANCE WITH A
CODE, INCLUDING THE CITY'S PR
ACT, AND FINANCIAL INTEGRITY
18 OF THE CITY CODE, IN A F
IN COMPLIANCE WITH ALL A
MAY BE DEEMED NECESS
4,1
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S. 14 11
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File Number: 9371 Final A
City of Miami
Legislation
Resolution
City Hal!
3500 Pan Americ Drive
Miami, FL .133
www.miam. ay.com
ion Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMET(S), BY A
FOUR -FIFTHS (4/5) AFFIRMATIVE VOTE, APPROVING, AND CONFI ING THE
CITY MANAGER'S EMERGENCY FINDING, CERTIFIED AS AGENCY EAD,
ATTACHED AND INCORPORATED HERETO AS EXHIBIT "A", TH THE CITY OF
MIAMI ("CITY") AFFORDABLE HOUSING CRISIS 1S A VALID PU. IC EMERGENCY
FOR CITY RESIDENTS AND, THEREFORE, IT IS ADVANTAGE US AND
PRACTICABLE FOR THE CITY TO WAIVE COMPETITIVE BIDING METHODS
PURSUANT TO SECTION 18-90 OF THE CODE OF THE CITY OF MIAMI, FLORIDA,
ETITIVE
1), FLORIDA STATUTES,
PARTNERS, INC., A
R THE PROVISION OF
ROJECTS LOCATED AT 1251
T 6TH STREET, MIAMI,
Y MANAGER TO EXECUTE A
WEEN THE CITY AND WOLFBERG,
RNEY, FOR SAID PURPOSE;
ER TO NEGOTIATE AND EXECUTE
ANY AMENDMENTS, RENEWALS, AND
ATIONS, APPROPRIATIONS, BUDGETARY
APPLICABLE PROVISIONS OF THE CITY
CUREMENT ORDINANCE, ANTI -DEFICIENCY
RINCIPLES, ALL AS SET FORTH IN CHAPTER
M ACCEPTABLE TO THE CITY ATTORNEY, AND
LICABLE LAWS, RULES, AND REGULATIONS, AS
Y FOR SAID PURPOSE.
WHEREAS, currently the City of Miami ("City") is experiencing an affordable housing
crisis due to a) the lack of . ailable affordable housing units within the City, and b) the Novel
Coronavirus (`"COVID-19" pandemic shutdown which has created a rise in unemployment
within the City and the i ability for residents to afford and pay their rent; and
WHEREAS, e competitive bidding methods outlined in the Consultants' Competitive
Negotiations Act " CNA") Section 287.055, Florida Statutes, as amended, for architectural and
engineering se ces ("A&E") can take upwards of nine (9) months; and
WHEREAS, such a delay is not in the best interest of the City and its residents,
considerin the opportunity to immediately create affordable housing projects at 1251
Southwe 7th Street and 1380 Northwest 6th Street, Miami, Florida ("Projects"), that will provide
much eded relief for City residents urgently seeking affordable housing; and
WHEREAS, specifically, CCNA Section 287.055(3)(a)(1), Florida Statutes, as amended,
provides an exception from competitive bidding methods "in cases of valid public emergencies
certified by the agency head"; and
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WHEREAS, pursuant to the City Manager's emergency finding, attached and
incorporated as Exhibit "A", finding that the lack of affordable housing units in the City i a valid
public emergency; it is advantageous and practicable for the City to waive competitiv bidding
methods pursuant to Section 18-90 of the Code of the City of Miami, Florida, as am nded ("City
Code"), and CCNA Section 287.055(3)(a)(1), Florida Statutes, as amended, for t provision of
emergency A&E services for these Projects; and
WHEREAS, the City intends to utilize the A&E firm Wolfberg/Alvarez nd Partners, Inc.,
a Florida profit corporation ("Wolfberg"), for the design of these Projects b- -ed on their
experience with the same;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISS iN OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Pr mble to this Resolution are
adopted by reference and incorporated as fully set forth in thi ection.
Section 2. The City Manager's emergency finding edified as agency head, attached
and incorporated hereto as Exhibit "A", that the City's a •rdable housing crisis is a valid public
emergency for City residents and, therefore, it is adva r . geous and practicable for the City to
waive the competitive bidding methods pursuant to -ction 18-90 of the City Code and CCNA
Section 287.055(3)(a)(1), Florida Statutes, as ame • ded, to engage Wolfberg for the provision of
design services for the Projects, by a four -fifths (5) affirmative vote, is hereby approved and
confirmed.
Section 3. The City Manager is aut •rized' to execute a Professional Services
Agreement between the City and Wolfber;, in a form acceptable to the City Attorney, for said
purpose.
Section 4. The City Manage
documents, including any amend
appropriations, prior budgetary
Code, including the City's Pro
Principles, all as set forth in
Attorney, and in complianc
necessary for said purpo
s further authorized' to negotiate and execute any and all
nts, renewals, and extensions, subject to all allocations,
provals, compliance with all applicable provisions of the City
rement Ordinance, Anti -Deficiency Act, and Financial Integrity
pter 18 of the City Code, in a form acceptable to the City
with all applicable laws, rules, and regulations, as may be deemed
Section 5. Th. Resolution shall become effective immediately upon its adoption.
APPROVED AS T i FORM AND CORRECTNESS:
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.
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