Loading...
Item L12 ADD-ON BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: January 18. 2006 - KW Division: County Attorney Bulk Item: Yes -K- No - Department: County Attorney Staff Contact Person: Jerry Sanders AGENDA ITEM WORDING: Approval of Request for Proposals for the purchase of property to be developed for affordable and workforce housing and future development of same. Approval to advertise for same. ITEM BACKGROUND: The Board of County Commissioners of Monroe County, Florida, has determined that a need exists within Monroe County for the provision of affordable housing to people of moderate, middle or lesser income. The County desires to have a number of methods in place to increase the stock of affordable workforce housing. One method is to provide for the purchase and development or redevelopment of property dedicated to affordable or workforce housing. PREVIOUS RELEVANT BOCC ACTION: - Consideration of draft ordinance concerning same was continued from the December 21, 2005 BOCC meeting. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval. TOTAL COST: TBD BUDGETED: Yes -K- No - COST TO COUNTY: TBD SOURCE OF FUNDS: Infrastructure Sales Tax Revenue ("304 Fund") and Other Available Funds and Sources REVENUE PRODUCING: N/A Yes - No - AMOUNT PER MONTH_ Year: TBD . APPROVED BY: County Atty -K- DIVISION DIRECTOR APPROVAL: .3 O~ HN R. COLLINS, COUNTY ATTORNEY DOCUMENTATION: Included X Not Required_ DISPOSITION: A~':ND~ ITEM # LId- Revised 2/05 Page lof8 MONROE COUNTY, FLORIDA REQUEST FOR PROPOSALS FOR THE PURCHASE OF PROPERTY TO BE DEVELOPED FOR AFFORDABLE AND WORKFORCE HOUSING AND ITS FUTURE DEVELOPMENT BACKGROUND INFORMATION Monroe County is a non-chartered county established under the Constitution and the laws of the State of Florida. The Florida Keys area, including unincorporated Monroe County has been designated an Area of Critical State Concern (ACSC) by the Legislature, Chapter 380, Florida Statutes containing "Principles for Guiding Development" and requiring an effective land use system by State and local governments. The Governor and Cabinet, who act as the Florida Administrative Commission, are empowered by Chapter 380, Florida Statutes, to adopt, by rule, any enactment, or decision of land - - development regulations or elements of a local comprehensive plan in unincorporated Monroe County. The Florida Department of Community Affairs (DCA) is the state land planning agency responsible for the general supervision and enforcement of the ACSC program and is authorized to propose changes to local comprehensive plans and land regulations within an ACSC area for consideration and adoption by the Administrative Commission. The governing body of the County is the Board of County Commissioners of Monroe County and the Clerk of the Board is ex-officio clerk, auditor, recorder and custodian of the funds. The Board of County Commissioners, constituted as the governing body, has all the powers of a body corporate, including the powers to contract; to sue and be sued; to acquire, purchase, hold, lease and convey real estate and personal property; to borrow money and to generally exercise the powers of a public authority organized and existing for the purpose of providing community services to citizens within its territorial boundaries. In order to carry out its function, the County is empowered to levy taxes to pay the cost of operations. The Department of Community Affairs, the Florida Administrative Commission and the Board of County Commissioners of Monroe County, Florida, have determined that a need exists within Monroe . County for the provision of affordable housing to people of moderate, middle or lesser income ("affordable housing" or "workforce housing"). The County desires to have a number of methods in place to increase the stock of affordable and workforce housing. One method is to provide for the purchase and development or redevelopment of property dedicated to affordable or workforce housing. The County is considering a purchase and development program in which it may purchase from any willing landowner property located in the County and deemed desirable for the future development of workforce housing at a price of not more than 65% of the appraised value of the property and, in turn, enter into a long-term arrangement for the development of the property for use as affordable housing. Affordable Workforce Housing RFP 7th DRAFT Jan 13 06 KP Page 2 of8 MONROE COUNTY, FLORIDA REQUEST FOR PROPOSALS FOR THE PURCHASE OF PROPERTY TO BE DEVELOPED FOR AFFORDABLE AND WORKFORCE HOUSING AND ITS FUTURE DEVELOPMENT GENERAL INFORMATION AND PROPOSALS REQUESTED Monroe County, Florida requests proposals for the following: 1. The sale to Monroe County, by any willing landowner of real property located in the County subject to the conditions stated below. 2. The property must be deemed by Monroe County to be desirable for the future development of affordable or workforce housing. This determination is solely within the - discretion of the County through its properly designated agents. 3. The purchase price of the property must not exceed 65% of the appraised value of the real property. 4. The determination of whether any appraisal submitted by a seller is deemed acceptable is solely within the discretion of the County. 5. The County may require the seller to provide the appraisal. 6. The County may determine that it will obtain an independent appraisal at its sole expense. 7. As a condition of such sale, the County, in its sole discretion, may enter into an Agreement with the selling landowner, or another entity selected by such landowner and acceptable to the County, for the development by such landowner for affordable or workforce housing to be located on the property. 8. Any property developed as described above pursuant to an agreement with the County shall be owned by the County but may be leased, at the County's sole discretion, to a private entity for utilization as rental housing or leased or subleased to persons as single family housing. 9. In addition to any agreement which the County may enter into as described above for the development of affordable or workforce housing the County shall develop binding . procedures to implement and enforce its affordable and workforce housing policies including: a. The criteria by which projects will be accepted for the purchase and development program b. Monitoring of income eligibility and implementation of purchase price or lease restrictions for units at the property c. Timelines for when the lease of acquired property would commence d. Restrictions on the ability of a purchaser of a leasehold interest in such property to sell their interest e. The implementation of administration fees for the ongoing implementation and monitoring of the project Affordable Workforce Housing RFP 7th DRAFf Jan 13 06 KP Page 3 of8 f. Such other provisions as will further the provision of affordable and workforce housing in the County g. For the purposes of this program "affordable housing" shall mean housing available to those persons and families with incomes equal to or less than the percentage of the median income of the County as defined in the Monroe County Code. h. For the purposes of this program, "workforce housing" shall mean housing available to those persons and families with incomes equal to or less than the percentage of the median income of the County as defined in the Monroe County Code. 10. In order to implement the above-described program, additional conditions and agreements may be required of seller or participant as modified or proposed by the Monroe County Attorney's Office. 11. During the period prior to April 3, 2006, the County intends to adopt by ordinance a Purchase and Development Housing Program which will be applicable to all submissions received by the County pursuant to this Request for Proposals. REQUESTED PROPOSAL DATE - All proposals are required to be received no later than 3:00 p.m., April 3, 2006. A formal opening of sealed proposals will be held at that time. Interested proposers are welcome to attend. SUBMISSION OF PROPOSALS Sealed Proposals should be submitted with two (2) signed originals and three (3) complete and signed copies and clearly marked on the outside of the sealed envelope: THE PURCHASE OF PROPERTY TO BE DEVELOPED FOR AFFORDABLE AND WORKFORCE HOUSING AND ITS FUTURE DEVELOPMENT Hand delivered Proposals may request a receipt. Proposals received after the deadline will be returned unopened. PROPOSAL RETURN ADDRESS . Proposals should be returned to: Monroe County Board of County Commissioners Office of Director of Purchasing 1100 Simonton Street Suite 1-213 Key West, Florida 33040 Phone: (305) 292-4466 Fax: (305) 292-4515 Affordable Workforce Housing RFP 7th DRAFT Ian 13 06 KP Page 4 of8 VALID DATE OF PROPOSALS Proposals are requested to remain valid until July 1, 2006 to provide additional time for clarification in the event that an extension of the current program is undertaken. Proposals submitted prior to April 3, 2006 may be withdrawn between March 20 and April 3, 2006 if the Proposer determines that the Purchase and Development Housing Ordinance adopted by the County make performance by the Proposer under the Request for Proposals impractical. RIGHT TO REJECT PROPOSALS The Board reserves the right to reject any or all proposals, to waive irregularities and informalities in any or all proposals, and to re-advertise for proposals. The Board also reserves the right to separately accept or reject any item and/or items of a proposal and to award and/or negotiate a contract in the best interest of the County. ADHERENCE TO INFORMATION AND PROPOSAL - Information presented in this Request for Proposal and all statements contained in the written proposals received are intended to be relied upon by Monroe County, Florida. In addition, if an addendum to this request is issued, the Proposer must acknowledge receipt of such addendum by completing and returning with their proposals the acknowledgment forms that will accompany the addendum. COMPLETION OF REQUIRED FORMS Proposers must complete the required "Drug Free Workplace", "Non Collusion" and "Lobbying and Conflict of Interest" forms. In addition, all proposers are required to read and adhere to the attached "Public Entity Crime" form. Affordable Workforce Housing RFP 7th DRAFT Ian 13 06 KP Page 5 of8 REQUIRED FORMS DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: (Name of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. . As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Bidder's Signature Date OMB - MCP#5 Affordable Workforce Housing RFP 7th DRAFT Jan 13 06 KP Page 6 of8 LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ElHICS CLAUSE warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 10-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. (signature) Date: STATE OF COUNTY OF PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, affixed his/her signature (name of individual signing) in the space provided above on this day of . ,20 - NOTARY PUBLIC My commission expires: OMB - MCP FORM #4 Affordable Workforce Housing RFP 7th DRAFT Ian 13 06 KP Page 7 of8 PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. " . Affordable Workforce Housing RFP 7th DRAFT Jan 13 06 KP Page 8 of8 NON-COLLUSION AFFIDAVIT I, of the city of according to law on my oath, and under penalty of perjury, depose and say that; 1) I am , the bidder making the Proposal for the project described as follows: 2) The prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; 3) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and 4) No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; 5) The statements contained in this affidavit are troe and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. STATE OF (Signature of Bidder) COUNTY OF DATE . PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, (name of individual signing) affixed his/her signature in the space provided above on this day of ,2003. My commission expires: NOTARY PUBUC OMB - MCP FORM #1 Affordable Workforce Housing RFP 7th DRAFf Ian 13 06 KP