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Item M10 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 Park Village, LLC to construct a 40-unit workforce housing project on Stock Island. ParkVillage, LLC agrees to sell property to the county for 65% of appraised value ($1,690,000) for the right to construct the 40 units. ITEM BACKGROUND: To acquire property owned by private owners, .\10nroe County will purchase said property for 65% or less of appraised value. The county will then lease property back to the seller to construct 40 units of moderate workforce housing to be sold to qualified buyers under the county's workforce housing requirements, Park Village, LLC must construct said housing within two years of signing the agreement. PREVIOUS RILE V ANT HOCC 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: $1,690,000 BUDGETED Yes No-.JL COST TO COUNIT: $1.690,000 SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty ~ Or..1BlPurchasing _ Risk Management_ DIVISION DIRECTOR APPROVAL: Murray E. N~ MA YOR PRO TEM MURRAY E. NELSON DOCUMENT A TION: Included x Not Required_ DISPOSITION: AGENDA ITEM # Revised 2/05 ~ ~ ~ :t: 00 &- 00 o U Q z - 00 --., -' o ::I: ~ ..J :::0 ~ Q c:=:: o ~ ~ ~ ..:.: , - == < Q:;rJJ ,51~ 8 :+I:;rJJO ~=' ~ ~ ;..:: "';;rJJ ::Q~ ;;"1< Q o~~ :+I:;-.=' ~w ;.. < >- f- 7- ::J ..-.~ ~' ......z -.~ 1=0:: ~ !;., =-- o ;;,.:' ,,:.r. c' f- .... - =z :::;~ ::J~ zo ~ ...... ~ ~ o " =-- c- oo ~ ~~ ";:N $. f'l <"I EA- II ~ cr. -.:: x '"""' ~, -. trl" 25 r--, " ~--- cr. 71; OC - N ~ ~1 EA- ' C' :)0 :::::. 7 < -l rJJZ> ~ ~ 23 G>;:: 0_ ' ce .~ ''l:J ,..., if. ~ ~' '-'~ Olfl _ N '-' N C'7 q EA- II II ~~ LFj l.ri ~>C x x '-' .0 XI 0..._1..-., o c:~~ ;;;r 00- ~ ..c. <"I - EA- ' '"""' ;;;r ,-,' -l rJ 2 :::::. z <( -l rJ 2fl VJ V! ,~ ~~ GZ> O:J..:.: ~ -- ~ U:l~CL. 7 00 v;, ~I ~, ~1 7, EA- II ~~ <n er. e ~ x X ,~ '"""' '""' '-' '-' o <n _N7 <n~oo N7 N - V'l 7 00 ',-,' , -- 'lJ f- u.<ZO CL. lL '5"0 <( ~ 5' 6~C: <( < >. ~CL.O VJ<..J ~ '-' c: r- ::=::_1 o r--I ..0; ;j r- NI :)0 71 ~ N EA- ~ X ~ -- '""' ---- ---- '"""' '"""' r--r--r::: 00 00 =---::::--. <"I N tP.- r::: F- e... '-Ll c... > 0 V et: I 0- c... f- Z" L:.; Z >- O_OO<(f- U -, ,Z ",,-' '""' 0'- -' :JL:.;O c::::l::flU> V N <"'"l 00 '"""' --~ 25N ~ '"""' 2= Olfl lfl <"I v; ~ X '-' ----~ -- '"""' -- ---- --- 5~ lfl V'. ~ NN V'l C' 7 L:.;::..,. > L:.; C: lL ceO V 'l:' <( 'T' Z -;.Ll ~' ~ :.LlCL. >C ,...., ',-,' '7' :-- '-' -- '-' '-, .1 :..- 'Z ;>-, :: L: ... ;:; .:.. ;\ :>: "---. --- ~ <") '"" ADD-ON BOAR() 01<' COl1NT\' COMMISSIONERS AGENDA ITEM SUMMARY \kt~l1ng Dale,. Januaf\ J 8, 1006 . K W Di vision -,,-C9YJm: d~U.QrJ1!-'')'_,_._,_,_,_, BlIlk ltem' Y"es ..m0: " So Department:_ County Attome:y Slaf'!' Contact Person ~n::i_SalldS7r:~ AGf::\'I>A, ITE\1 WOR-OINe; Approval of Request for Proposals tor the purchase of property to be developed tor atlordabJe and \~ (~rk for cc ho using and fu t ure development of same Approval to advertise for sa me ITEM BACKGROUND: The Board of County Commissioners of Monroe County. Florida, has delemlined tnat a need exists \\ilhin Monroe COUllty ior the pro\-ision of affordable housing to people of moderate. middle or lesser tncome, The County desires to have a !lumber of metnods in place lO increase the stock of atlordable n'orkfixce housing One method is to provide for the purchase and development or redevelopment of pi nperty dedicmed to affordable or workforce housing, PREVIOUS Rt:LEV ANT 80Ce ACfION: r onsiderdt ion of draft ordinance concerning same was continued from the Decem her 2l. 2005 BOC C meeting. ('O~'TR\CT/"\GREEMENT CHANGES: '- ..\ STAFf RECOMMENDA TJONS: Approval. TOTAL COST: TBD BVDGETF.D: Yes ~ No COST TO COr~TY: TBD SOVRCE OF FUNDS: Infrastructure Sales,Tax Revenue t~JQ4 Fun<f'J l!lJd Ql~LAY!iJ!lble F.lmdJiAilllS.Qur~~ IU':VENlT[ PROI)(jCING: 1"\//\ Yes No AMOUNT PER MONTU~~ Year: TOD APPROVED B'\': County Any -X...._ DIVISION DIRECTOR APPRO\' AL: N _ ",_nlLL~\g~___.,__".. UN R. COLLINS, COUNTY ATTORNEY ooce MfNTA TION: Included __X,._~ Not Required~ DISPOSITION: AGENDA iTEM # R;,:\ised 2/05 Page I orM 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 estabtished under the Constitution and the laws of the State of Florida. The Florida Keys area, including W'lincorporated Monroe County has been deSignated an Area of Critical State Concern (ACSe) by the legislature, Chapter 380, Florida Statutes containing "Principles for Guiding Developmene and requiring an effective land use system by State and local governments, The Governor and Cabinet, who act as the Fk>Iida 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 focal comprehensive plan in unincorporated Monroe County. The Florida Department of Community Affairs (DCA) is the state land plannmg agency responsibJe tor the general supervision and enforcement of the ACSC program and is authorized to propose changes to local comprehensive plans and land regulations wittUn an ACSC area for constderation and adoption by the Administrative Commission. The governing body of the County is the Board of County Commissioners of Monroe County and the Clm of the Board is ex-officio clerk, auditor, recorder and custodian of the funds. The Board of County Commissioners, constituted as the governtng body. has all the powers of a body corporate, induding 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 exerc;se the powers of a public authority organized and existing for the purpose of providing communrty services to citizens within its tenitolial boundaries. In order to carry out its function, the County is empowered to levy taxes to pay the cost ot operations, The Department of Community Affairs, the FloOda Administrative Comrrnssion 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 raffordable housing~ or "workforce housingj. The County desires to halle 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 Of redevelopment of property dedicated to affordable or workforce housing, The County is considering a purchase and devefopment program in which it may purchase from any wining 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 tum, enter into a long-term arrangement for the development 01 the property for use as affordable housing, Affordable Workforce Housing RfP 7th DRAfT Jan 1 J 06 KP Page 2 of 8 MONROE COUNTY, FLORIDA REaUEST FOR PROPOSAlS FOR THE PURCHASE OF PROPERTY TO BE DEVELOPED FOR AFFORDABLE AND WORKFORCE HOUSING AND ITS FUTURE DEVELOPMENT GENERAl IN FORMATJON AND PROPOSALS REQUESTED Monroe County, Florida requests proposals for the following: 1, The ~e to Monroe County, by any willing landowner of real property ~ted in the County subject to the conditions stated below, 2. The property must be deemed by Monroe County to be desirabJe 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 pnce 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 sotely within the discretion of the County. 5, The County may require the seller to provide the appraisaL 6, The County may determine that it wi. 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, fO( the development by such landowner for affordable or workforce housing to be located on the property. 8. Any property developed as desClibed above pursuant to an agreement with the County shaU 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 eJigibiIJty 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 leaseh<>>d interest in SUCh property to sell their interest e. The implementation of administration fees for the ongoing implementation and monitoring of the project Affordable Workfore.:: Housing RFP 7th DRAFT Jan 13 ()(, KP Page ~ ,)[' 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 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 Ihe Monroe County Attorney's Office, 11. Dunng the period prior to April 3, 2006, the County intends to adopt by ordinance a Purchase and Development Housing Program which will be applicable 10 aU 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 outsjde 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, Flonda 33040 Phone: (305) 292-4466 Fax: (305) 292-4515 '\(lord.abk \\'C>fkf()f(;(' HotlSlng Rf-"P 7th DRAFT Jan 11 (1(, KP Pa.!-'t -I of 8 V AUD DATE Of PROPOSALS Proposals are requested to remain vaJid until July 1, 2000 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 Purdlase 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 aU proposals, to waive irregularities and Jnformalibes in any or all proposals, and to r&-advertise for proposals. The Board also reserves the right to separatety 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, Fk>ooa. In adchtion, if an addendum to this request is issued, the Proposer must acknowledge receipt of such addendum by completing and retuming with their proposaJs the acknowledgment forms thaI will accompany the addendum COMPLETION OF REQUIRED FORMS Proposers must compfete the required "Drng Free Wo,*pJ~") "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. Mfordabk Workforce Housll1g RFP 7th DRAFT Jan 1:- lJ6 KP Pa!!C' ~ of X REQUIRED FORMS DRl'G-FREE \VORKPLACE FOR!\1 Iii" mld"I") ~n;::d \ uldor i fI accord:Jncc II ith Florida Stal ute 2 X7, 087 hcreb,\ ccnifjes thaI (NillllC of Business) I Publish il SWtClllelll nOli~,'ing cmployC<.'S thai the unlawfIlI11l1ulIlf<lCIUrc, distributioll. dispensing. pl.tssct-SI ()Jl, or IN: of ;; controlled 'juoSlall!X is prohibited in the I\orkplac.: a Ild spcci~\ i ng I he act ions thill will be l<:l ken 11 ga illS! ;;! Ii p k)., .;c-<; fOr \ iobll{)Jl;; of such prohibiticm, lnfoffll cmpjo~ (''CS about the dallgcrs of drug abuse ill IOC \\orkplace, the bUSIllC:i\"s pohc;. of Il1<iilJ(;lllllllg ;J dmg-fl1.'C \\orkplill:C. an}" nvailtlbk drug co1.llc;cling. rehabilitation, and CtnplO)ce assistance progr:.lIllS. and the ~'l(;llahiC"S thin lTJ.lY be imposed upon employees for dmg tlbusc \'iolations., " <.ii,'c Cildl employee engaged in pronding the commodities or contf<lct\laf scrvire..~ thai .atc under bid a wP.'i uf Ill;; SlalCJlj{'lll "iX'Cllkd i fl sub!;\X!ion ( I ) -4 In 1 he stawmCllt SplXjfjed In .,ubsu::lion j I). lIotiJ\ the ~mployct..';; that, itS a cOlldillon of \'Iorkiu)<', Oll Ill.: .;;,)JllIlloonu:;s 01 -:OHlr:;Jf.:lual scnlCCS lhal arc wIder bid. the employee will abide b~ thc terms of the S{alCIllt.:lII and \\ 11 i !l()ti f~ t he ~Illplo~ cr of ao~ conviction of or plea of gUilt) or nolo coulcndcrc to. ,Ul~' \'iQJalioll of C1l<lptcr ~',n iFlonda Slalliles) 01 of ml~ cOlllrollcd substance law of the !;nited Statcs or <lily stale. for a violation occurring III I h~ \lolk plillX no later thall five (:'i) da~s after such COn\'Klion. ~ Impos..:-;l ,:.a1ll..11(m 011. or require the satisfactol) pankipation in a drug abuse a.~ncc or rchabilUation progr,lffi if such is 3\ailablc illlhe employcc's comulIlnily. or 1:IIIY cmplo}'Ce who is so comlC1oo. (. Make a J~ood fauh effort 10 COllliuuc 10 lUaill/ilin a drug-free \\orkplacc through llTlplcllu::lllation of tJus SC\::1l01l .\s the p.:f'>OIl aUlll{JfilLx!lo Sigllthc slatClll<:m. I ccrti~\ that !llis firm complies fully with the aOOyc n.'qUlfCllH:ll1S Ulddcr"s Signature Dalc .......~ ...~. .,....^.__._..~,~...............y." . ~..._.~~,--- O\JB ~ \l(P:;';: \lrordabk \\orlJ"orCi: Housing RFP 7th DRAFT Jan 13 {)(; KP LOBBYI-"iG A."iD CONFLICT Of INTEREST CLAUSE SWOR,\j ST:\ TE:\tENT t:NDER ORDINANCE NO. 010-1990 MONROE COtlNTY, FLORIDA rTlllCS ('t,Al'Sr ___~ \\attants that hc.ht has !lot cmpJoyl...'d. Tl...'t3Hl(:d ~lr Od1(:mls~ had act on hls/Jls behalf any fOnllCr County ofliccr or employee in \'lolallOn of s~\: lhJll :' ~)f Ordinance !\ 0, I (J-I9YO or any C (Iunt~ offitX:r or I.:mpJQ~ '..x; In \ iO]i1 tlaD of SCCtJ011 :" of Ordinance .7\0, I 0-(1)1)0, For breach or violation of thIs provision the County m;l~" In Its dlsactJOn. terminate tlllS contract \\lmollt !lability and lnay aJso. In Its discretion. deduct from th~ coruruct or pllrcha.~ price. or otherwise recover, the full amount of any fcc, C,)llllllISSJOfL pcrc;;:nta~c. gill. or consideration paid (0 the former County OffiCl:T or cmployl.'I; (signature) Date: ----....~.~.................~~~-~~..............~~.,..._.~.~ "_..~~ STAfF OF COt :\TY OF PERSONALLY APPEARED BEFORE ME. the undersigned authority. . '~..~_ wbo. aftcrfirst being sworn by mc. affixed IllS/ner SJgnatun: (n3rnt; of indi\"idual signing) rn th,: space provided abo\"e 011 this ._~,__ day of ,2u _..._~- ~OTARY PUBLIC \1;. l:ommJssion ":-.\:pm::s OMB - \lCP FORM ii4 '\tl0Tdabk Workforce HOUSIng RFP 7th DRAFT Jatl PO(I KP Page t, of l\ Pa.l;:l: 7 of ~ PUBUC ENTITY CRIME STATEMENT "A person or aJlihate \vho has been placed on the convicted vendor list tollO\\-ing ;] 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 \>,,'ork, may not submit bids 011 leases of real property to public entity, may not be awarded or pcrJ(mll \\ork as a contractor, supplier, subcontractor, or consultant under a contract \\ ltl1 any public entity, and may not transact business wIth any public entity In -:xcess of the threshold amoulll provided in Sect ion 287.01 7, for CATEGOR Y 'f\VO for a period of 36 months from the date of being placed on the convicted vendor list." :\flordabk WorkfOTC'.; Housmg RFP 7th DRAFT Jan 13 (16 KP NON-COLLUSION AFFIDAVIT I, of the city of 4CCOf"ding to taw 011 my ooth, and urKIu- penatty of perjury, depose and say that; 1) I am Proposal for the project described as follows: , the bidder making the 2} The prices it! this bid hove bun amved at independently without coitusiMI, cot!sultatWn, communicaTion Of' agreement for the purpose 01 restricting competition, os to any matter relating to such prIces with any other bidder 01'" with any competitor; 3) Unless otherwise required by law, the pricu which haw: been quoted in this bid hove not been knowingly disclosed by the bidder and wiU not knowingly be disclosed by the bidde.r prior to bid opening, dirertfy 01'" indit"eCtty, to l1l"ry other bidder or to any competitor; and 4) No attempt has bee" made or will be mode by the bidder to induce any other person. partnership or corporation to submit, or not to submit, a bid tor Hue purpose of restricting competition; 5) The statements contGined in thi$ offidcYit ot'e tr"\le and correct. ond mode with full knowledge that Monroe County relies upon the truth at the statements contained in this affidavit in awarding contl"Qcts for said project, STATE OF (SignGrure of Bidder) COUNTY OF DATE PERSONALLY APPEARED BEFORE ME, the undel"Signed Q1Jtltority, who, otter first being ~ by I!\C. (name of individuol signing) affixed hislhel" signature in the spdCC provided cboW! on this day of .2003. NOTARY puQUe My commissiOt'l expir6: OMB ~ MCP fORM #1 'ITordable Worldort;c Housmg RFP 7th DRAFr Jan 13 06 KP