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Home My WebLink AboutR-21-0320City of Miami Resolution R-21-0320 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 9371 Final Action Date: 7/22/2021 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 AS AGENCY HEAD, ATTACHED AND INCORPORATED AS EXHIBIT "A", THAT THE CITY OF MIAMI'S ("CITY") AFFORDABLE HOUSING CRISIS IS A VALID PUBLIC EMERGENCY FOR THE CITY'S RESIDENTS AND 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 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 SOUTHWEST 7m STREET AND 1380 NORTHWEST 6TH STREET, MIAMI, FLORIDA ("PROJECT"); AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND 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 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 OTHER 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 FORMS ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. City of Miami Page 1 of 4 File ID: 9371 (Revision: A) Printed On: 5/29/2025 File ID: 9371 Enactment Number: R-21-0320 WHEREAS, the City of Miami ("City") is currently experiencing an affordable housing crisis due to the lack of available affordable housing units within the City and the novel coronavirus pandemic shutdown which created a rise in unemployment within the City and the inability for the City's residents to afford and pay their rent; and WHEREAS, the competitive bidding methods outlined in 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 Southwest 7th Street and 1380 Northwest 6th 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; and WHEREAS, the Project's parking garage will accommodate one (1) parking space per residential unit plus required parking for visitors; and WHEREAS, 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.; and WHEREAS, residences will be located on the upper levels and consist of thirty percent (30%) studios with an area of approximately 480 square feet, fifty percent (50%) one- bedroom/one-bathroom units with an area of approximately 600 square feet, and twenty percent (20%) two-bedroom/one-bathroom units with an area of approximately 800 square feet; and WHEREAS, 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, 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 Section 287.055(3)(a)(1), Florida Statutes, as amended, for the provision of emergency A&E services for the Project; and City of Miami Page 2 of 4 File ID: 9371 (Revision: A) Printed on: 5/29/2025 File ID: 9371 Enactment Number: R-21-0320 WHEREAS, the City intends to utilize the A&E firm of Wolfberg/Alvarez and Partners Inc., a Florida profit corporation ("Wolfberg"), for the design of the 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 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 -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 as agency head, attached and incorporated as Exhibit "A", that the City's affordable housing crisis is a valid public emergency for the City's residents and it is advantageous and practicable for the City to waive competitive bidding methods pursuant to Section 18-90 of the City Code and 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, by a four -fifths (4/5) affirmative vote, is hereby approved and confirmed. Section 3. The City Manager is authorized' to negotiate and execute the Agreement between the City and Wolfberg, in a form acceptable to the City Attorney, for said purpose. 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 4 File ID: 9371 (Revision: A) Printed on: 5/29/2025 File ID: 9371 Enactment Number: R-21-0320 Section 4. The City Manager is authorized and directed to allocate 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. Section 5. The City Manager is further authorized' to negotiate and execute any and all other 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 forms 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. APPROVED AS TO FORM AND CORRECTNESS: ndez, ity ttor ey � 8/3/2021 City of Miami Page 4 of 4 File ID: 9371 (Revision: A) Printed on: 5/29/2025