(a) The city may lease or rent real property or improvements thereon, or both, without recourse to public bidding to providers of housing or human services. For the purposes of this section, the following definitions apply unless the context clearly indicates or requires a different meaning.
Human Services. Includes child care, health services, and social services.
Providers. Operators or managers of housing units for designated need groups, or operators or managers of other facilities wherein human services are provided to designated need groups.
Social Services. Those services required by persons with social problems or physical or mental disabilities. Persons requiring health or social services are also termed persons with special needs.
(b) When such lease or rental to providers of housing or human services is contemplated, the director shall cause to be published a notice stating:
(1) The service objectives to be achieved, including the type or types of housing or human services to be provided and any limits on client fees charged;
(2) The minimum qualifications that providers of housing or human services must meet;
(3) The criteria to be used to rank and select proposals; and
(4) The proposal form, applicable deadlines, and other information necessary for interested persons to submit proposals.
The notice shall be published in a daily newspaper of general circulation at least once a week for two successive weeks, and the last notice shall be published at least 14 days before the deadline for submission of proposals.
(c) The appropriate city agency shall examine all proposals properly submitted from interested persons, evaluate them according to the stated criteria, and determine the best three proposals thereby. The city agency may negotiate with persons submitting the best three proposals in making a final selection of a proposal.
(d) Following selection of a proposal, the city agency shall file a written report with the city clerk containing the public notice published to request proposals, a listing of the top three proposals, and identifying the proposal selected, including the results of any negotiations with the selected proposer.
(e) Upon receipt of the report, the city clerk shall post the report for public inspection in City Hall where other public notices and meeting agendas of the council are posted. The report shall be a public record.
(f) Following selection of the proposal, the city agency shall submit a lease or rental agreement therefor to the council for approval by resolution. The lease agreement shall contain any conditions and requirements applicable to the housing or human service to be provided, including client fees to be charged.
(g) The lease rent may be negotiated. If the lease rent is for a nominal amount, the city agency shall certify that:
(1) A public hearing was held on the project, including the lease terms;
(2) There is a compelling public need for the housing or human services to be provided;
(3) A suitable and reasonably priced private facility is not available;
(4) The developer has demonstrated financial need; and
(5) The lease complies with the restrictions specified in § 38-4.2.
(h) Notwithstanding subsections (b) through (g), in cases of impending foreclosure affecting a nonprofit housing or human services provider, the council, by resolution, may authorize the director to assign a lease to a new nonprofit housing or human services provider without a request for proposals.
(1990 Code, Ch. 28, Art. 3, § 28-3.5) (Added by Ord. 92-95; Am. Ord. 04-33)