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HomeMy WebLinkAboutSubstitution Memo from City ManagerCITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Honorable Mayor and Members DATE: July 19, 2021 of the City Commission FROM: Arthur Noriega V City Manager SUBJECT: Substitution of item RE.5 Emergency Finding — Wolfberg/Alvarez and Partners, Inc. ENCLOSURES: Revised Item RE.5 Emergency Findings Memo — WolfbergfAlvarez and Partners, Inc. and Declaration of a Valid Public Emergency for Affordable Housing The Office of the City Manager respectfully requests Item RE.5 - Emergency Finding — Wolfberg/Alvarez and Partners, Inc. be substituted in the July 22, 2021 Miami City Commission Meeting due to minor scrivener errors. Additionally, the substituted item identifies Tranche 2 Miami Forever Affordable Housing Limited Ad Valorem Bonds, on a reimbursement basis, as the funding source and further includes the City Manager's emergency findings memo. cc: Nzeribe Ihekwaba, PH.D, P,E., Deputy City ManagerfChief of Infrastructure Fernando Casamayor, Assistant City Manager/Chief Financial Officer Natasha Colebrook -Williams, Assistant City Manager/Chief of Operations Victoria Mendez, City Attorney r- r*� 6i.37! SdsMtJw1 Meaav fro titan ety•e,e AGENDA ITEM SUMMARY FORM FILE ID: Date: 7/12/2021 Commission Meeting Date: 07/22/2021 Requesting Department: Office of Capital Improvements District Impacted: District3 Type: resolution ❑ Ordinance []'�, Emergency Ordinance ❑ Discussion Item ❑ Other Subject: A Resolution to Retroactively Approve Emergency Finding for Affordable Housing at 1251 S.W. 7"' Street, Miami FL and 1380 N.W. 6Th Street, Miami, FL and a waiver of the Consultants' Competitive Negotiations Act ("CCNA") F.S. 287.055 3(a)1. Purpose of Item: A Resolution of the Miami City Commission by a four -fifths (4/5) affirmative vote, ratifying, confirming an approving the City Manager's emergency finding, that it is most advantageous for the City of Miami to waive th competitive sealed bidding procedures pursuant to Section 18-90 of the Code of the City of Miami, Florida as amended ("City Code") and to waive the qualifications process, pursuant to the Consultants' Competitive Negotiations Act (CCNA), Florida Statute 287.055 3(a)1, to engage Wolfberg Alvarez and Partners, Inc ("Wolfberg") to provide architecture design services in the amount of four hundred eighty thousand and nine hundred dollars ($480,900.00) for an affordable housing project located at 1251 S.W. 7t'' Street, Miami, FL, and 1380 N.W. 6th Street, Miami, FL. The project shall consist of the development of a multi -level, approximately ten (10) to twelve (12) stories, Affordable Housing residential building and associated structured parking, which will be offered by the City of Miami 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 480sf, fifty percen (50%) one-bedroom/one bath units with an area of 600sf and twenty percent (20%) two-bedrooms/one bath units with an area of 800sf. The total unit count is expected to be approximately 120 units and construction is estimated to total fourteen million two hundred and fifty thousand dollars ($14,250,000.00). Once plans for the project are competed, the City will issue a hard bid for construction, identify a funding source and seek City Commission approval for construction. Currently the City of Miami ("City") is experiencing an affordable housing crisis due to a) lack of available affordable housing units within the City, and b) the Covid-19 pandemic shutdown which created a rise in unemployment within the City and the inability for residents to afford and pay their rent. This resolution will expedite the procurement process in order to get design services for this affordable housing project. Authorizing the City Manager to execute a Professional Services Agreement ("PSA") between the City and Wolfberg in a form acceptable to the City Attorney. Further authorizing the City Manager to negotiate and execute all other documents, including any amendments, renewals, and extensions subject to allocations, appropriations ancI budgetary approval having been previously made, and in compliance with applicable provisions of the Code of th City of Miami, Florida, as amended, ("City Code"), including, the City of Miami's Procurement Ordinance, Anti deficiency Act, and Financial Integrity Principles, all as set forth in Chapter 18 of the City Code, in a fo acceptable to the City Attorney, and in compliance with applicable regulations, as may be necessary for sai purpose. Page 1 of 3 Background Information: Currently the City of Miami ("City") is experiencing an affordable housing crisis due to a) lack of available affordable housing units within the City, and b) the Covid-19 pandemic shutdown which created a rise in unemployment within the City and the inability for residents to afford and pay their rent. The procurement process outlined in Florida Statute (F.S.) 287.055, known as the Consultants' Competitive Negotiations Act ("CCNA") for architectural and engineering services ("A&E") can take up to nine (9) months. Such a delay is not in the best interest of the City and its constituents, as there is an opportunity to create immediate affordable housing units at 1251 S.W. 7th Street, Miami, FL, and 1380 N.W. 6"' Street, Miami, FL, that will provide much needed relief for City residents urgently seeking affordable housing. F.S. 287.055, CCNA, does however permit exemptions to these requirements in emergency situations, as stated in Section 3(a)1 entitled "Public Announcement and Qualifications Procedures". Therefore, pursuant to the City Manager's emergency finding, certifying that the lack of affordable housing units in the City of Miami is a valid public emergency; it is most advantageous for the City to waive the competitive sealed bidding procedures and qualifications process pursuant to F.S. 287.055, 3(a)1 of CCNA, for the provision of emergency A&E services for these affordable housing projects. Page 2 of 3 Budvt Impact Analysis Does the proposed purchase, legislation, project, or agreement involve a matter for which the Department/Office is requesting payments to occur beyond one (1) year? Please check one: Yes❑ No ® yes, please describe in writing below the lease, debt, loan, or other financial obligation structure being requested in order to fund/finance your proposed purchase, legislation, project, or agreement: ❑ Yes ❑ No Is this item related to revenue? ❑ Yes ❑ No Is this item an expenditure? If so, please identify funding source below. General Account No.: Special Revenue Account No.: OCI Project No.: ❑ Yes 0 No Is this Item funded by bonds? Start Up Capital Cost: Maintenance Cost: Total Fiscal Impact: Does the item require approval from the following departments? ❑ Grants ❑✓ Procurement ❑ Risk Dept. Director Final Approvals (SIGN AND DATE) *all other approvals will be done through Accela Page 3 of 3 ..TITLE A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR - FIFTHS (415) 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. 7TH STREET AND 1380 N.W. 6TH 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. ..BODY 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. 7th Street and 1380 N.W. 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. 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 Wolfberg/Alvarez and Partners, Inc., a Florida profit corporation ("Walfberg"), 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- 2 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 ($480,900.00) from the proposed Tranche 2 Miami Forever Affordable Housing Limited Ad Valorem Bonds for the affordable housing components of the Project being developed as a City Project, with such allocation being in compliance with all applicable Federal, State of Florida, local, and City laws, rules, and regulations for affordable housing projects, including, but not limited to, the City's Affordable Housing Bonds Projects Strategies, the Tranche 2 Affordable Housing Intent to Reimburse Resolution, and the Tranche 2 Miami Forever Affordable Housing Limited Ad Valorem Bonds. 3 Section 5. The City Manager is further authorized(1) to negotiate and execute any and all documents, including any amendments, renewals, and extensions, subject to all allocations, appropriations, prior budgetary approvals, compliance with all applicable provisions of the City Code, including the City's Procurement Ordinance, Anti -Deficiency Act, and Financial Integrity Principles, all as set forth in Chapter 1$ 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} ..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 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 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM DATE 7/15/2021 SUBJECT: Emergency purchases REFERENCES: FRO' I: Arthur Noriega V City Manager ENCLOSURES: The Office of the City Manager approves of the following emergency purchase(s): architecture services from Wolfberg Alvarez & Partners Inc. The goods and/or services required herein are as a result of one or both of the following circumstance(s): 1) A public emergency (threats to health, life, welfare or safety); or 2) Convenience of the City. Per the emergency procurement procedures as defined in Section 18-90 of the City Code, authorization to waive the competitive bid process, albeit it is a retroactive authorization, is also requested for the aforementioned emergency purchase if greater than $25,000. This purchase is necessary for the following reason: The City of Miami is experiencing a housing crisis due to the lack affordable housing. This crisis has been exacerbated by COVID 19 and the corresponding rise in unemployment, making it harder for City residents to afford housing. In light of same, the City is declaring an emergency for affordable housing and wishes to procure, on an emergency basis, architecture services in the amount of$480,900 from Wolfberg Alvarez & Partners Architecture in order to design affordable housing on City -owned property located at 1251 SW 7th Street and 1380 NW 6th Street. Additionally, the procurement process outlined in Florida Statute (F.S.) 287.055, known as Consultants' Competitive Negotiations Act ("CCNA") for architectural and engineering services ("A&E") can take up to nine (9) months. Such a delay is not in the best interest of the City and its constituents, as there is an opportunity to create immediate affordable housing units at 1251 S.W. 7th Street, Miami, FL. and 1380 N.W. 6th Street, Miami, FL. that will provide much needed relief for City residents urgently seeking affordable housing. F.S. 287.055, CCNA, does however permit exemptions to these requirements in emergency situations, as stated in Section 3(a)1 entitled"Public Announcement and Qualifications Procedures". DIRECTOR, DEPARTMENT OF PROCUREMENT: Annie Perez CPPO APPROVED n DISAPPROVED Date: 1 15 z L'2- k APPROVED D DISAPPROVED Date: 7/15/2021 Additional certification required for emergency purchases greater than $25.000: DIRECTOR, OFFICE OF MANAGEMENT AND BUDGET: El[ certify the funds to cover this emergency purchase are available Date: 7-15-2021