Legislative Matter

Miami-Dade Legislative Item
File Number: 112299

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Clerk's Official Copy

File Number: 112299

File Type: Resolution

Status: Adopted

Version: 0

Reference: R-1083-11

Control: Board of County Commissioners

File Name: COUNTY FACILITIES FOR COMMUNITY BASED ORGANIZATIONS

Introduced: 10/27/2011

Requester: NONE

Cost:

Final Action: 12/6/2011

Agenda Date: 12/6/2011

Agenda Item Number: 11A3

Notes:

Title:

RESOLUTION DIRECTING THE COUNTY MAYOR OR MAYOR’S DESIGNEE TO IDENTIFY COUNTY FACILITIES AVAILABLE FOR LEASE TO COMMUNITY-BASED ORGANIZATIONS, TO DEVELOP A PROCESS FOR EVALUATING, SELECTING AND MONITORING COMMUNITY-BASED ORGANIZATIONS WHO WILL RENT COUNTY FACILITIES, AND TO DEVELOP A LEASE FOR APPROVAL BY THE BOARD OF COUNTY COMMISSIONERS

Indexes:

COMMUNITY BASED ORGANIZATIONS

Sponsors:	Joe A. Martinez, Prime Sponsor
	Esteban L. Bovo, Jr., Co-Sponsor
	Sally A. Heyman, Co-Sponsor

Sunset Provision: No

Effective Date:

Expiration Date:

Registered Lobbyist:

None Listed

Legislative History
Acting Body	Date	Agenda Item	Action	Sent To	Due Date	Returned	Pass/Fail

Board of County Commissioners	12/6/2011	11A3	Adopted				P
REPORT:	Commissioner Jordan expressed concern that this selection process seemed to be subjective, and asked who would define which organizations were the most worthy in this process; would a traditional competitive RFP or some other process be used for selecting the properties; would the program impact the current leases the County had with its CBOs and not-for-profits; and could the CBOs approach the County on a first come first serve basis to lease from the County. She noted the process needed to be fair and competitive without being selective or subjective. Chairman Martinez said he was hopeful the Administration would consider Commissioner Jordan’s comments when deciding this process, before the item came back before the Board of County Commissioners for approval. Hearing no further comments or questions, the Board proceeded to vote on this resolution as presented.

Internal Mgmt. & Fiscal Responsibility Committee	11/8/2011	2F	Forwarded to BCC with a favorable recommendation				P
REPORT:	Assistant County Attorney Jess McCarty read the foregoing proposed resolution into the record. Chairwoman Bell questioned how the County Administration viewed this proposed resolution. Deputy Mayor Edward Marquez explained that the County Administration understood this proposed resolution to direct staff to come back with a process for using County facilities by community based organizations (CBOs). He clarified that this process would include criteria and a ranking process for selecting and monitoring CBOs that lease County facilities. Mr. Marquez pointed out that the normal process for disposing of surplus County property was to determine whether the property had any alternative use, and whether any other municipalities were interested in the property. Mr. Lester Sola, Director, Internal Services Department, noted the County would reduce the amount of funding allocations to CBOs that leased County facilities. Chairwoman Bell suggested the County include CBOs as part of the process rather than at the end of the process. Hearing no other questions or comments, the Committee proceeded to vote.

County Attorney	10/27/2011		Assigned	Brenda Kuhns Neuman

County Attorney	10/27/2011		Referred	Internal Mgmt. & Fiscal Responsibility Committee	11/8/2011

Legislative Text

TITLE
RESOLUTION DIRECTING THE COUNTY MAYOR OR MAYOR�S DESIGNEE TO IDENTIFY COUNTY FACILITIES AVAILABLE FOR LEASE TO COMMUNITY-BASED ORGANIZATIONS, TO DEVELOP A PROCESS FOR EVALUATING, SELECTING AND MONITORING COMMUNITY-BASED ORGANIZATIONS WHO WILL RENT COUNTY FACILITIES, AND TO DEVELOP A LEASE FOR APPROVAL BY THE BOARD OF COUNTY COMMISSIONERS

BODY

WHEREAS, Community-Based Organizations (CBOs) provide much-needed services to the residents of Miami-Dade County and promote the community interest and welfare; and
WHEREAS, the budgets of many CBOs are decreasing in the present economic climate while the needs of the residents they serve are increasing; and
WHEREAS, the County incurs maintenance costs on properties it owns but does not occupy or use for County purposes; and
WHEREAS, the County could deflect some of these maintenance costs by leasing these properties to CBOs that need operating space to provide much-needed services; and
WHEREAS, the CBOs could potentially reduce their operating budgets or increase the level of services they provide by leasing space from the County at a nominal or reduced rental rate; and
WHEREAS, Florida Statutes Section 125.38 provides a mechanism by which to lease County-owned properties to non-profit organizations at a nominal or reduced rate,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that:
Section 1. The County Mayor or Mayor�s designee is directed to identify all vacant or unoccupied County-owned properties that may be appropriate for lease to CBOs.
Section 2. The County Mayor or Mayor�s designee is directed to develop a process and selection criteria for selecting CBOs to lease the properties identified in Section 1 and for future leasing of said properties to CBOs. The process developed shall incorporate the requirements of Florida Statutes Section 125.38. The selection criteria shall take into consideration such factors as the significance of the services provided by the applicant CBO and whether the County has reduced the applicant CBO�s funding as a result of County budget reductions. The County Mayor or Mayor�s designee is further directed to develop a system of monitoring and rating the CBOs who ultimately execute leases with the County through this program in order to ensure that, as the program continues, the most worthy CBOs are leasing County facilities.
Section 3. The County Mayor or Mayor�s designee is directed to develop a lease suitable for the purpose of leasing the properties identified in Section 1 to CBOs. The lease shall include the term of lease; options to renew; termination provisions, including but not limited to for non-performance of the services anticipated; rent at a nominal or reduced rate; and the division of responsibilities and liabilities, including but not limited to the payment of utilities and maintenance of the property.
Section 4. The County Mayor or Mayor�s designee is directed to return to this Board within ninety (90) days with the information, process, selection criteria and lease required by this resolution.