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Item M09 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: March, 15. 2006/Marathon Bulk Item: Yes No ~ Division: Department: BOCC DISTRICT FIVE Staff Contact Person: Donna Hanson AGENDA ITEM WORDING: Approval to direct stafTto negotiate an agreement with Islander Village, LLC to construct an 89-unit workforce housing project on Stock Island. Islander Village, LLC agrees to sell property to the county for 65% of appraised value ($2,024,750) for the right to construct the 89 units. ITEM BACKGROUND: To acquire property owned by private owners, Monroe County will purchase said property for 65% or less of appraised value. The county will then lease property back to the seller to construct 89 units of moderate workforce housing to be sold to qualified buyers under the county's workforce housing requirements. Islander Village, LLC must construct said housing within two years of signing the agreement PREVIOUS RELEVANT BOCC ACTION: At the January 18, 2006 BOCe meeting, authority to negotiate was given to county staff for this item. CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATIONS: TOTAL COST: _$2.024.750 BUDGETED Yes No-1L COST TO COUNTI': $2.024.750 SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Any ~ OMBlPurchasing _ Risk Management _ DIVISION DIRECTOR APPROVAL: Murray E. N~ MAYOR PRO TEM MURRAY E. NELSON DOCUMENTATION: Included x Not Required_ DISPOSITION: AGENDA ITEM # Rc\.ised 2/05 ~ , - = ~ " rJ', ~I~ c o~ 1;, --- --- --- --- N :tt;rJJ 0 ('", Z " -< :=: - ~ - rJ', = ~ ""I::! - 0' ,. '"""' ':)0 0;2 Q 00 ;;:; OC r-- ~ ~ '#;0 :=: ~ ~ W ~ ~ < :I: rJJ ;... --- --- rJJ --- ~j -1 ~j g ~1 8N en o >n ,- 0 --- --- --- r- C...N >n ~~ -- --- - , .,. , ,. C t'1 N ,-, - ....., >- 8 0''' ..:; 00,. en ~ -0. ,., (;', >n ':;.j Z N N (""1 VJ "'" "'" v:. 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"" --, ::r:::: --, ~ c:... ...., y .- 0 ..:t: < <( >. --l -' r~ -' 0 0:: ::r:::: f- '- W 0.. .2 =:J ::J ;.r.J 0 > 0 ~ ~1 :... i:.rJ C: or. VJ :;:::; 0... (/) < ::::a X ::..,.. > ,:...,. C - '" ADD-ON BOARD 01' COUNTY COMMISSIONERS :\GENDA ITEM SUMMARY \. lecllng Dalc_J aou3QJ 8. 2006 ~ K W Di ....ision. ___..J::9\,Hl!.Y ,i\ U9rn(:..).'_________,_ Bl!lk Item Yes ,X ~o Department: County Attornev S[afT C Onlact Person Jerrv S~nd~~~ AGENDA 1'1'1-:\1 WOR()J;,,\C: .\pproval of Request for Proposals for the purchase of property to be developed for atlordable and \\OIId;)rc1;' housing and future development of same. Approval to advertise for same ITE:\1 BACKGROliND: The Board of County Commissioners of Monroe County, Florida, has determined that a need exists \\ithin Monroe Coullty ior the provision of affordable housing to people of moderate. middle OJ' lesser Income The County desires to have a number of methods in place to increase (he stock of atfordable workforce housing One merhod is ro provide for the purchase and development or redevelopment of I'mperty dedicated to atfordable or wOTkiorce housing. PREVIOUS Rt:Lt:V ANT BOCe ACnON: Consideration of draft ordinance concerning same was continued from the December 21, 2005 BOCe meeting. ('O~TR.\CT/AGREE"lENT CHANGES: '\, ..\ STAFF RECOMMENDATIONS: Approval. TOTAL COST: THO RVDGETF:D: Yes ~ No COST TO COIJ~T\': TRD SOURCE OF FUNDS: Infraslructure Sales Tax Revenue U04 Fund") al}.d..Qlh~Lt..yail~le fJ.!Od;um..4..S,QYL~~ REVENVE PROl)liCJNG: T\'JA Yes No AMOUNT PER MONTH Year. T8D DIVISION DIRECTOR APPROVAL: ,-" -,---o.Mk~~--,--_... HN R. COLLINS. COUNTY ATTORNEY APPROVED BY: County Auy ~ DOCC\'1 F:NTA TION: Ind uded_ ,X. ,,__ Not Required_ DISPOSITION: AGENDA rrEM #~.~~__ Rc\iscd 2/05 Page I orK 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 Flonda, The Florida Keys area, induding Wlincorpora:ted Monroe County has been designated an Area of Critical State Concern (ACSC) by the Legislature, Chapter 380, Florida Statutes containing "Principles for Guiding Developmenf and requiring an effective tand use system by State and local governments, The Govemor and Cabinet. who act as the Florida Admmistrative 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 responsib~ for the general supervision and enforcement of the ACSC program and is authorized to propose manges 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 derk, auditor, recorder and custodian of the funds. The Board of County Commissioners, coo,tituted as the gOvemfng 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 personaJ property; to borrovi money and to generatly exercise the powers of a public authortty organized and existing for the purpose of providing community services to citizens within its territorial boundaries, ~n 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 01 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 "workfotce housing"). The County desires to have a number of methods In place to increase the stock of affordable and wotXforce 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 k>cated 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, jn turn, enter into a long-term arrangement for the development of the property for use as affordable housing, Affordable WorkfQfCC Hottsing RFP 7thDRAIT Jan 1306 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 GENERAlINFORMAllON AND PROPOSALS REQUESTED Monroe County, Florida requests proposals for the foltowing: 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 JtS 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 acceptabJe is SOlely within the discretion of the County. 5. The County may require the seiler to provide the appraisal. 6, The County may determine that tt: wi. obtain an independent appraisal at its sole expense, 7. As a condition of sUCh sale, the County, in its soJe 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 tocated 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 tor the development of affordable or workforce housing the County shall develop binding procedures to implement and enforce its affordable and workforce housing polities including: a. The criteria by which projects will be accepted for the purchase and development program b. Monttoring of income eligibility and implementation of purchase price or lease restrictions for units at the property c, Time line 5 for when the lease of acquired property would commence d. RestJictjons on the ability of a purchaser of a leasehold interest in such property to sen their interest e, The implementation of admintstration fees for the ongoing implementation and monitoring of the project ,AJfordabJc WorkfOftt Housin,g RFP 7th DRAIT Jan I ~ 06 KP ~lgC " 01 X. f Such other provisions as will further the provision of affordable and workforce housing In the County 9 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 Of 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 selter 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 applk:able 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 origjnals 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 AOORESS Proposals should be returned to: Monroe County Board of County Commissioners Office of Director of Purchasing 11 00 Simonton Street Suite 1.213 Key West, Fforida 33040 Phone: (305) 292-4466 Fax: (305) 292~515 Mlordabk W,'rkl"orc.:; HOllSillg RFP 7th DRAFT Jan I.~ 0(, KP Page -I of l:! V AUD 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 ff the Proposer detennlnes that the Purchase and Development Housing Ordinance adopted by the County make perfonnance 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, FOOda. In addition, if an addendum to this request is issued, the Proposer must acknowledge receipt of such addendum by completing and retuming with their proposals the acknowledgment foms that will accompany the addendum, COMPlEnONOFREQu~oFORMS Proposers must complete the required "Drug Free WorkpJ8C6", "Non Collusion~ and "Lobbying and Conflict of Interest"' forms, In addition, all proposers are required to read and adhere to the attached ~PubJic Entity Crime" form. MTordnbk Workforce Housmg RFP 7th DRAFT Jan n U6 KP Pal!e -; of X REQUIRED FORMS DRl'G-FREE \\/ORKPLACE FORM ! It:.' lllllkrSI,!:!l(:d \utdor 111 :Kcordancc with Florid.:! Slallllc 2X7,087 hcrcb~ cenifies thill (Name of B\L<;i Ilcss} ! Publish a ',l;\JCnll,.'lIl ll(IIifHflg cmplo.\<x'S !hatthc unlawful manul;tclurc. dislr'ibulion, dispensing, possession, or IJ"'; of ;j cDlIIrollcd ~ubstancc is prohibiled in the workplace and spcci(Ying thc actions thal will Ix laken againsl (:Jllplo\<..\.'<, for \ lOLllmns of such prohibition Inform cmplo.\ocs dlx1ut lhe dill1gcrs of drug dbusc ill tile workplace, lhe bUSlflCS,';S polK} uf lllallll;illllng ;l <.1m,g-fn.,<: workpla\:c, :lIly ;:Iv:lilablc drug coun.'>Cling, rcl41bililation, and cmplO)'ee asslstano; progflUlls. and the p<:nahics rJlm !Hay be impos.ed upon employees fOf drug Ilbuse \iolations, "' vi\'c cw:h employcc engaged in providing the oommoctities or COfilT'JCfual services that MC under bid a cop.~ of [he SlalCmCfIl '>p<..'C llil,."tl ill ~~l ion ( I) -+ In [11(' S131';:lIICIII sp...'Cili ed lfl sub;<;o..xliofl (I). nOhr, the cnlplo~ccs 1 Ital, ,IS <l condit ion of \\ ork i II)! on the ,-\'ll1111\.'X11111.~ {)f "::OIllr:Klual scrvi\:CS thill arc under bid. the employee nill abitk by the terms of lhe statemellt and \\ i Ii 1h.>IJ!} the cmplo~er of an~ eomictiOll 0[. or plea of gU111y or nolo comendcre 10. ;:uty' notatioll of Ch;lplcr S'J< t FlOrida SliItlllC-; l or or <lny cant rolled subslallce Ian of the V ni !I.'d St.ilICS or ilny stale. for a violation occurring Ifl 1 he: \\orkplwx no l;llef titan fi\'c (5) days after such conviction. 5 Jmposl:" a ))tuiC1lOn OU. or require the satisf"3CtorJ panicipation in a drug abuse assistance or rcfulbilllatioo program if such is :nailablc iUlhc cmplO)cc's comlllunity. or "lIlY cmp~<< wllO is so com'icted, (, Muke a good f,lilh ellort (0 COllllllUC to mainfmn ;I dmg-frcc workplacc through impkmclll'ltion of llus Sl..'\;U Oil , .\" (he IlICNlll ,llllhnfl/<..x1lo sign the statement I ccnify lhal tIllS fum complies fully wllh the abme n..'qUln:lllcnls Uiddcr"s Signaturc Dale (J\lB ' \KP""~ ,\fford.lbk WorkforCe Housing RFP ":'lh DRAIT J:l1l 1306 KP LOBBYING A,'\'D CONFLICT OF INTEREST CLAUSE SWORN ST:\ TEME1\T lJNDER ORDINANCE '0.010-19')0 \'ONROE COUNTY, FLORIDA FTJ lIeS Cl.AUSE .._ \\arrants that hc:'it has not employed. n..'tainoo "lr olhl;TWIS~ had al:t on hishts lx:-half any fomlcr County officer or employee tn \ lolallOn of S,:dk')Jl ? of OrJinanc~ !\o. \(J.J t}I,lO or any County officer or ~mpl()~'l.X; m vlolatJon of Si..TIlon ::> of Ordinance ;\;0. I (). I 990, For breach or \lolation of this pro\'lSIOn the County m.J~. ll1 II" discretIon. termina!e thiS contract without liability and may also. In Its discretlofL deduct from thc contract or purcha..-.c price. or otherwise r<X()vcr, the full amount of any fee, comnJl$SJOn. jlCTCClltagC. gift. or consideration paid to the fonner Count) officer or cmploy~'C (signature) Date: ST..\T[ OF ( OL .'ny' OF PERSONALLY APPEARED BEFORE ME. the undersigned authority. who. after first being sworn by mc. affixed his/her 51 gnatur.: (name of i ndi vidual sIgning) In tho: space provided above 011 this __'_.."__ day of . 20 -_.__.~--~ ~OT ARY PUBLIC \1) ;;ommJSSlO1l C.\:plfCS 0.'\18 - \1CP FORM "4 ,\fT(lfdabk WorklorC'.: Housing RFP 71h DRAI'T jail 1.1 06 KP j>:lgC Ii of X Page 7 {Irs PUBLIC ENTllY CRIME STATEMENT "/\ per:-;oll or afliliate who has been placed on the convicted vendor list tollowlIlg 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 rhJt submit bids on leases of real property to public entity, may not be awarded or perfolln \\ork as a contractor, supplier, subcontractor, or consultant under a contrcu:l \\ ilh any pubhc entily, and may' not transact business with any public cntity in eXCeSS of the threshold amount prov'ided in Section 287,017, for CATEGOR Y '[,ViO for a period of 36 months from the date of being placed on the convicted vendor list," A!l\.'rdabk Workforce Ilouslng RFP 7\h DRAFT Jail]) 06 KP NON-COLLUSION AfFIDAVIT I, of the city of ___according to law 0lI my oath, ond undv penalty of perjury. depose and $Oy that; 1) I GIn Pl"OpOsal fOr" the project described as follows: , the bidder making the Z) Th<< prices in this bid have been arrived at independentty without collusion, con$Uttation, communication Of" agreement for the put'1)Osc of restricting competition, dS to any matter relating to such pnces with any other bidder or with any competitor; 3) Unless otherwise required by law, the prius which h<lYe bun quoted in this bid MVC not been knowingly disdoS&d by the biddu- 4ftd will not knowingly be disclosed by the: btdde:r prior to bid opening, diredly or indirectly, to any other bidde.r or to any eompditOl"; and 4} No attempt ho.s been made or wiJI be made by the bidder to induce (ltIy other person. partnership or corporation to submit, or not to submit, a bid for the purpose. of re.strictitlg competition; 5) The statements contained in this offidavi1' ore fNe QIld correct, and made with full kn(1o'iledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding CoMl"Clcts for said project STATE OF (Sfgn<ature of 8idder) COUNTY OF DATE PERsONALLY APPEARED BEFORE ME. the undersigned cuthority, ---~- who. ofter first being sworn by me, (~ of individvc1l signing) offi}(ed hisiner signature in tM spece provided o.bove on this day of ,2003. NOTARY PlJ8UC My commission e:!Cpire.s: OM6 ~ MCP FORM #1 \, jfordabJe \\'orkfDfiX HouslOg RFP 7tll DRA}-l Jan 13 06 KP