8To:
From:
Date:
SUBJECT:
BACKGROUND:
EXPENSE
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
The Honorable Mayor & Members of the City Commission
South Miami
bOd
iijir
2001
Steven Alexander, City Manager
Agenda Item No.: f? March 19,2013
A Resolution authorizing the City Manager to execute fiscal year 2013
Building Better Communities (BBC) / General Obligation Bond (GOB)
Interlocal grant agreement with Miami-Dade County, Office of
Management and Budget, for Water & Sewer Enhancements (Project
Number 17.8-71202) in the amount of $853,937.
The City of South Miami was awarded funding for Water & Sewer
Enhancements/Project Number 17.8-71202 under the BBC / GOB
Program in a total amount not to exceed $1,776,737 by and through
Miami-Dade County, Office of Management and Budget. In fiscal year
2013, the City of South Miami will be undertaking the completion of
design, construction, installation of force mains, water and sewer lines
and hydrants within the City of South Miami with approved funding in the
amount of $853,937. The grant agreement shall take effect upon
execution and shall terminate upon the completion of the projects,
including the completion of all final closeout documentation.
$853,937.00
ATTACHMENTS: Grant Contract with Miami-Dade County
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RESOLUTION NO. __ _
A Resolution authorizing the City Manager to execute fiscal year 2013
Building Better Communities (BBC) / General Obligation Bond (GOB)
Interlocal grant agreement with Miami-Dade County, Office of Management
and Budget for Water & Sewer Enhancements (Project Number 17.8-71202)
in the amount of $853,937.
WHEREAS, the Mayor and City Commission desire to accept the grant from Miami-
Dade County by and through its Office of Grants Coordination; and
WHEREAS, Water & Sewer Enhancements/Project Number 17.8-71202 is eligible for
funding from the BBC GOB Program in a total amount not to exceed $1,776,737; and
WHEREAS, the City of South Miami is undertaking the completion of design,
construction, installation of force mains, water and sewer lines and hydrants within the City of
South Miami with approved funding in the amount of$853,937 for fiscal year 2013; and
WHEREAS, the City Manager is authorized to execute the grant agreement in an amount
of$853,937; and
WHEREAS, the grant agreement shall take effect upon execution and shall terminate
upon the completion of the Project, including the completion of all final closeout documentation.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
Section 1: The City Manager is hereby authorized to execute the grant agreement with
Miami-Dade County, Office of Grants Coordination for Water & Sewer Enhancements in South
Miami in the amount of$853,937. The grant agreement is attached to this resolution.
Section 2: This resolution shall be effective immediately after the adoption hereof.
PASSED AND ADOPTED this __ , day of ___ ., 2013.
ATTEST: APPROVED:
CITY CLERK MAYOR
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READ AND APPROVED AS TO FORM
LANGUAGE, LEGALITY AND
EXECUTION THEREOF:
CITY ATTORNEY
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Mayor Stoddard:
Vice Mayor Liebman:
Commissioner Harris:
Commissioner Newman:
Commissioner Welsh:
BUILDING BETTER COMMUNITIES
INTERLOCAL AGREEMENT
BETWEEN
THE CITY OF SOUTH MIAMI, FLORIDA
AND
MIAMI-DADE COUNTY
Water & Sewer Enhancements
Project Number 17.8-71202
THIS INTERLOCAL AGREEMENT (the "Agreement") by and between Miami-Dade
County, a political subdivision of the State of Florida (the "County"), through its
governing body, the Board of County Commissioners of Miami-Dade County, Florida
(the "Soard") and the City of South Miami, Florida, a municipal corporation organized
under the laws of the State of Florida, through its governing body, the Mayor and
Commissioners of the City of South Miami, Florida (the "Municipality") is entered into
this day of . , 2013.
WITNESSETH:
WHEREAS, on July 20, 2004, the Board enacted Resolution Nos. R-912-04, R-
913-04, R-914-04, R-915-04, R-916-04, R-917 -04, R-918-04 and R-919-04 authorizing
the issuance of $2.926 billion in general obligation bonds for capital projects and on
November 2, 2004, a majority of those voting approved the bond program (the "BSC
GOB Program"); and
WHEREAS, the aforementioned Resolutions include specific Countywide
projects, neighborhood projects for the Unincorporated Municipal Service Area and
municipalities and associated allocations for activities such as but not limited to
development, improvement, rehabilitation, restoration or acquisition of real property; and
WHEREAS, Water & Sewer Enhancements/Project Number 17.8-71202 (the
"Project") is eligible for funding from the SSC GOS Program in a total amount not to
exceed $1,776,737 (the "Funding Allocation"); and
WHEREAS, the Municipality is undertaking the completion of design,
construction, installation of force mains, water and sewer lines, and hydrants within the
City of South Miami (the "Project") which was specifically approved as part of the BSC
GOB Program and has been approved for funding in Fiscal Year 2012-13, provided
funds are available, and is described more specifically in Exhibit 1 to this Interlocal
Agreement; and
WHEREAS, the Water & Sewer Enhancements/Project Number 17.8-71202 as a
whole is estimated to cost $1,776,737 (the "Total Project Cost") and will be funded from
the sources listed in Exhibit 1; provided, however, the County's obligation to fund the
Building Better Communities Municipal Agreement 1 of 12 Rev. 6/10
Project is fully subject to and contingent upon the availability of BBC GOB Program
proceeds; and
WHEREAS, pursuant to the terms of this Agreement, the County has agreed to
fund $853,937 ·in Fiscal Year 2012-2013 from the BBC GOB Program funds for the
Project (the "Funding Cycle Allocation"), fully subject to and contingent upon the
conditions set forth in this Agreement, and in particular, the County's approval and
issuance of BBC GOB Program bonds or the draw-down bonds ("Funds"), the approval
by the Board of County Commissioners to fund this Project from the Funds, and the
availability of the Funds; and
WHEREAS, subject to annual appropriation by the Board, the County plans to
fund the Funding Allocation by making available, in addition to the Fiscal Year 2012-13
Funding Cycle Allocation, an aggregate amount equal to $922,800 in the years and
amounts set forth in the Multi-Year Capital Plan approved by the Board for Fiscal Years
2014 -2015 (collectively, the "Funding Plan") to the Municipality from the Funds,
provided, however, the disbursement of the Funds is subject to the conditions set forth
in this Agreement and, in particular, Section 2(c); and
WHEREAS, from time to time, the Board may, in its sole discretion, approve
revisions to the Multi-Year Capital Plan thereby amending the amounts and timing of the
Funding Plan; and
WHEREAS, the Commissioners of both the Municipality and County have
authorized, by resolution, their respective representatives to enter into this Agreement
for each Funding Cycle Allocation describing their respective roles in the funding for the
Project costs with respect to such Funding Cycle Allocation,
NOW THEREFORE, pursuant to Resolution No. R-595-05, which specifically
authorizes the County Mayor to execute such agreements, sub-agreements and other
required contracts and documents, to expend BBC GOB Program bond funds received
for the purpose described in the funding request, and in consideration of the mutual
promises and covenants contained herein and the mutual benefits to be derived from
this Agreement, the parties hereto agree as follows:
Section 1. Purpose: The purpose of this Agreement is to clarify the parties' roles
and obligations regarding the BBC GOB Program funding being provided with
respect to the Project.
Section 2. Funding Responsibilities:
a. Project Funding Plan: A Project funding plan identifying the
Funding Allocation to be funded by the County solely from BBC
GOB Program proceeds and the costs to be funded by the
Municipality through a local funding plan or written project funding
commitments from third parties is attached as Exhibit 1. Included
shall be a projected timetable for each Funding Cycle Allocation
and the amount funded to date, if any.
Building Better Communities Municipal Agreement 2 of 12 Rev. 6/10
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b.
c.
Representations of the Municipality: The Municipality covenants
and warrants that it has, in combination with the Funding Allocation,
the amount of funding necessary for the completion of the Project.
The additional sources of funding are listed in Exhibit 1.
Responsibilities of the County: The County agrees to provide
solely from the Funds for the Fiscal Year 2012-13 Funding Cycle
Allocation in an amount equal to $853,937, fully subject to and
contingent upon the County's approval and issuance of the Funds,
the approval by the Board of County Commissioners to fund this
Project from the Funds, and the availability of the Funds
("Conditions Precedent to Funding Responsibility"). This amount
represents a portion of the amount necessary to complete the
Project. Subject to the satisfaction of the Conditions Precedent to
Funding Responsibility and subject to annual appropriation by the
Board, the County also agrees to make disbursements from
available Funds for the balance of the Funding Allocation in the
years and the amounts set forth in the Multi-Year Capital Plan. The
Municipality understands and agrees that, from time to time, the
Board may, in its sole discretion, approve revisions to the Multi-
Year Capital Plan thereby amending the amounts and timing of
Funding Allocation disbursements to the Municipality. The Funds, if
and when available, shall be provided in accordance with the
reimbursement procedures contained in the County's GOB
Administrative Rules attached as Attachment 1. Municipality
understands and agrees that reimbursements to the Municipality
will be made in accordance with federal laws. Subject to certain
exceptions the applicability of which is to be reviewed on a case-by-
case basis, the reimbursement allocation will be made no later than
eighteen (18) months after the later of (a) the date the original
expenditure is paid, or (b) the date the project is placed in service
or abandoned, but in no event more than three (3) years after the
original expenditure is paid by the Municipality. Notwithstanding
the foregoing, the County shall have no obligation whatsoever to
make any reimbursements to the Municipality prior to the
satisfaction of all of the Conditions Precedent to Funding
Responsibility. Any and all reimbursement obligations of the
County pursuant to this Agreement are limited to and contingent
upon, the availability of Funds allocated to the Project in
accordance with the Funding Plan. The Municipality accepts and
agrees that all expenditures made by the Municipality prior to the
satisfaction of all of the Conditions Precedent to Funding
Responsibility are made at the Municipality's sole risk and may not
be eligible for reimbursement. The Municipality may not require the
County to use any other source of legally available revenues other
than from the Funds to fund the Funding Plan. This Agreement
does not in any manner create a lien in favor of the Municipality on
any revenues of the County including the Funds. In the event that
the Project Milestones, as defined and set forth in Exhibit 1 of this
Building Better Communities Municipal Agreement 3 of 12 Rev. 6110
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Agreement are not within 10% of completion, the dollars to be
funded for subsequent Milestones may be delayed for one (1)
calendar year in accordance with the Administrative Rules, see
Section 18 of this Agreement.
Section 3. Parties, Effective Date and Term: This Agreement shall take effect
upon execution and shall terminate upon the completion of the Project, including
the completion of all final closeout documentation. The County has delegated
the responsibility of administrating this Interlocal Agreement to the County Mayor
or designee.
Section 4. Compliance with Laws: Each party agrees to abide by and be
governed by all Applicable Laws necessary for the development and completion
of the Project. "Applicable Law" means any applicable law (including, without
limitation, any environmental law), enactment, statute, code, ordinance,
administrative order, charter, tariff, resolution, order, rule, regulation, guideline,
judgment, decree, writ, injunction, franchise, permit, certificate, license,
authorization, or other direction or requirement of any governmental authority,
political subdivision, or any division or department thereof, now existing or
hereinafter enacted, adopted, promulgated, entered, or issued. Notwithstanding
the foregoing, "Applicable Laws" and "applicable laws" shall expressly include,
without limitation, all applicable zoning, land use, DRI and Florida Building Code
requirements and regulations, all applicable impact fee requirements, all
requirements of Florida Statutes, specifically including, but not limited to, Section
255.05 related to payment and performance bonds, Section 255.20 related to
contractor selection and Section 287.055 related to competitive selection of
architects and engineers, all requirements of Chapters 119 and 286 of the Florida
Statutes, Section 2-11.15 of the Code (Art in Public Places), and all other
applicable requirements contained in this Agreement and Exhibit 1, which is
hereby incorporated in this Agreement by this reference.
Section 5. Contractual obligation to comply with certain County
requirements:
All records of the Municipality and its contractors pertaining to the Project shall
be maintained in Miami-Dade County and, upon reasonable notice shall be made
available to representatives of the County. In addition, the Office of Inspector
General of Miami-Dade County shall have access thereto for any of the purposes
provided in Section 2-1076 of the Code of Miami-Dade County.
The Municipality shall cause each contract to include a provision that contractor
shall comply with all requirements of Section 2-1076, and that contractor will
maintain all files, records, accounts of expenditures for contractor's portion of the
work and that such records shall be maintained within Miami-Dade County's
geographical area and the County shall have access thereto as provided in this
Agreement.
Building Better Communities Municipal Agreement 4 of 12 Rev. 6/10
The Municipality shall comply with the requirements of Florida Statutes related to
retainage of funds due a contractor and shall include appropriate language in its
construction contracts and shall require the contractor to include such language
in its subcontracts.
All applicable County Rules, Regulations, Ordinances, Resolutions,
Administrative Orders, and the County Charter referenced in this
Agreement are posted on the County's website: "miamidade.gov".
Section 6. Accounting, Financial Review, Access to Records and Audits:
The Municipality shall maintain adequate records to justify all charges, expenses,
and costs incurred which represent the funded portion of the Project for at least
three (3) years after completion of the Project. The County shall have access to
all books, records, and documents as required in this section for the purpose of
inspection or auditing during normal business hours.
Pursuant to Section 2~1 076 of the Miami-Dade County Code, the County shall
have the right to engage the services of an Independent Private-Sector Inspector
General ("IPSIG") to monitor and investigate compliance with the terms of this
Agreement. THE MIAMI-DADE COUNTY OFFICE OF THE INSPECTOR
GENERAL ("OIG") shall have the authority and power to review past, present and
proposed County programs, accounts, records, contracts and transactions, and
contracts such as this Agreement for improvements some cost of which is funded
with County funds.
As such, the OIG may, on a random basis, perform audits on this Agreement
throughout the duration of said Agreement (hereinafter "random audits"). This
random audit is separate and distinct from any other audit by the County.
The OIG shall have the power to retain and coordinate the services of an IPSIG
who may be engaged to perform said random audits, as well as audit, investigate,
monitor, oversee, inspect, and review the operations, activities and performance
and procurement process including, but not limited to, project design,
establishment of bid specifications, bid submittals, activities of the Municipality
and contractor and their respective officers, agents and employees, lobbyists,
subcontractors, materialmen, staff and elected officials in order to ensure
compliance with contract specifications and detect corruption and fraud. The OIG
shall have the power to subpoena witnesses, administer oaths and require the
production of records. Upon ten (10) days written notice to the Municipality (and
any affected contractor and materialman) from OIG, the Municipality (and any
affected contractor and materialman) shall make all requested records and
documents available to the OIG for inspection and copying.
The OIG shall have the power to report and/or recommend to the Board whether
a particular project, program, contract or transaction is or was necessary and, if
deemed necessary, whether the method used for implementing the project or
program is or was efficient both financially and operationally. Monitoring of an
existing project or program may include reporting whether the project is on time,
Building Better Communities Municipal Agreement 5 of 12 Rev. 6/10
within budget and in conformity with plans, specifications, and applicable law. The
OIG shall have the power to analyze the need for, and reasonableness of,
proposed change orders.
The OIG is authorized to investigate any alleged violation by a contractor of its
Code of Business Ethics, pursuant Miami-Dade County Code Section 2-8.1.
The provisions in this Section shall apply to the Municipality, its contractors and
their respective officers, agents and employees. The Municipality shall
incorporate the provisions in this Section in all contracts and all other agreements
executed by its contractors in connection with the performance of this Agreement.
Any rights that the County has under this Section shall not be the basis for any
liability to accrue to the County from the Municipality, its contractors or third
parties for such monitoring or investigation or for the failure to have conducted
such monitoring or investigation and the County shall have no obligation to
exercise any of its rights for the benefit of the Municipality. This provision shall
survive the early termination and/or the expiration of this Agreement.
Section 7. Relationship of the Parties: The parties agree that the Municipality is
an independent entity responsible solely for the Project and not an agent or
servant of the County. No party or its officers, elected or appointed officials,
employees, agents, independent contractors or consultants shall be considered
employees or agents of any other party, nor to have been authorized to incur any
expense on behalf of any other party, nor to act for or to bind any other party, nor
shall an employee claim any right in or entitlement to any pension, workers'
compensation benefit, unemployment compensation, civil service or other
employee rights or privileges granted by operation of law or otherwise, except
through and against the entity by whom they are employed.
Section 8. Liability: The parties to this Agreement shall not be deemed to
assume any liability for the negligent or wrongful acts, or omissions of the other
party. Nothing contained herein shall be construed as a waiver, by either party,
of the liability limits established in Section 768.28 of the Florida Statutes. The
Municipality acknowledges that the County, its employees, Commissioners and
agents are solely providing funding assistance for the Project and are not
involved in the design, construction, operation or maintenance of the Project.
Section 9. Breach, Opportunity to Cure and Termination:
(a) Each of the following shall constitute a default by the Municipality:
(1) If the MuniCipality uses all or any portion of the Funding
Allocation for costs not associated with the Project (Le.,
ineligible costs), and the Municipality fails to cure its default
within thirty (30) days after written notice of the default is given
to the Municipality by the County; provided, however, that if not
reasonably possible to cure such default within the thirty (30)
day period, such cure period shall be extended for up to one
hundred eighty (180) days following the date of the original
Building Better Communities Municipal Agreement 6 of 12 Rev. 6/10
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notice if within thirty (30) days after such written notice the
Municipality commences diligently and thereafter continues to
cure.
(2) If the Municipality shall breach any of the other covenants or
provisions in this Agreement other than as referred to in Section
9(a)(1) and the Municipality fails to cure its default within thirty
(30) days after written notice of the default is given to the
Municipality by the County; provided, however, that if not
reasonably possible to cure such default within the thirty (30)
day period, such cure period shall be extended for up to one
hundred eighty (180) days following the date of the original
notice if within thirty (30) days after such written notice the
Municipality commences diligently and thereafter continues to
cure.
(3) If the Municipality fails to complete the Project within five (5)
years of the effective date of the first executed Interlocal
Agreement for this Project.
(b) Each of the following shall constitute a default by the County:
(1) If the County shall breach any of the covenants or provisions in
this Agreement and the County fails to cure its default within
thirty (30) days after written notice of the default is given to the
County by the Municipality; provided, however, that if not
reasonably possible to cure such default within the thirty (30)
day period, such cure period shall be extended for up to one
hundred eighty (180) days following the date of the original
notice if within thirty (30) days after such written notice the
County commences diligently and thereafter continues to cure.
(c) Remedies:
(1) Upon the occurrence of a default as provided in Section 9(a)(1)
and such default is not cured within the applicable grace period,
in addition to all other remedies conferred by this Agreement,
the Municipality shall reimburse the County, in whole or in part
as the County shall determine, all funds provided by the County
hereunder.
(2) Either party may institute litigation to recover damages for any
default or to obtain any other remedy at law or in equity
(including specific petiormance, permanent, preliminary or
temporary injunctive relief, and any other kind of equitable
remedy).
(3) Except with respect to rights and remedies expressly declared
to be exclusive in this Agreement, the rights and remedies of the
parties are cumulative and the exercise by any party of one or
more of such rights or remedies shall not preclude the exercise
by it, at the same or different times, of any other rights or
remedies for the same default or any other default.
Building Better Communities MuniCipal Agreement 7 of 12 Rev. 6/10
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(4) Any failure of a party to exercise any right or remedy as
provided in this Agreement shall not be deemed a waiver by that
party of any claim for damages it may have by reason of the
default.
(d) Termination:
(1) Notwithstanding anything herein to the contrary, either party
shall have the right to terminate this Agreement, by giving
written notice of termination to the other party, in the event that
the other party is in material breach of this Agreement.
(2) Termination of this Agreement by any Party is not effective until
five (5) business days following receipt of the written notice of
termination.
(3) Upon termination of this Agreement pursuant to Section 9(d)(1)
above, no party shall have any further liability or obligation to
the other party except as expressly set forth in this Agreement;
provided that no party shall be relieved of any liability for breach
of this Agreement for events or obligations arising prior to such
termination.
Section 10. Litigation CostsNenue: In the event that the Municipality or the
County institutes any action or suit to enforce the provisions of this Agreement,
the prevailing party in such litigation shall be entitled to reasonable costs and
attorney's fees at the trial, appellate and post-judgment levels. This Agreement
shall be governed by and construed in accordance with the laws of the State of
Florida. The County and the Municipality agree to submit to service of process
and jurisdiction of the State of Florida for any controversy or claim arising out of
or relating to this Agreement or a breach of this Agreement. Venue for any court
action between the parties for any such controversy arising from or related to this
Agreement shall be in the Eleventh Judicial Circuit in and for Miami-Dade
County, Florida, or in the United States District Court for the Southern District of
Florida, in Miami-Dade County, Florida.
Section 11. Naming Rights and Advertisements: It is understood and agreed
between the parties hereto that the Municipality is funded by Miami-Dade
County. Further, by acceptance of these funds, the Municipality agrees that
Project(s) funded by this Agreement shall recognize and adequately reference
the County as a funding source. In the event that any naming rights or
advertisement space is offered on a facility constructed or improved with BBC
GOB Program funds, then Miami-Dade County's name, logo, and slogan shall
appear on the facility not less than once and equal to half the number of times
the most frequent sponsor or advertiser is named, whichever is greater.
Lettering used for Miami-Dade County will be no less than 75% of the size of the
largest lettering used for any sponsor or advertiser unless waived by the Board.
The Municipality shall ensure that all publicity, public relations, advertisements
and signs recognize and reference the County for the support of all Project(s).
This is to include, but is not limited to, all posted signs, pamphlets, wall plaques,
cornerstones, dedications, notices, flyers, brochures, news releases, media
Building Better Communities Municipal Agreement 8 of 12 Rev. 6/10
packages, promotions and stationery. In particular, the Municipality must include
the following credit line in all promotional marketing materials related to this
funding including web sites, news and press releases, public service
announcements, broadcast media, programs, and publications: "THIS
PROJECT IS SUPPORTED BY THE BUILDING BETTER COMMUNITIES
BOND PROGRAM AND THE MAYOR AND BOARD OF COUNTY
COMMISSIONERS OF MIAMI-DADE COUNTY." The use of the official County
logo is permissible for the publicity purposes stated herein. The Municipality
shall submit sample of mock up of such publicity or materials to the County for
review and approval. The Municipality shall ensure that all media
representatives, when inquiring about the Project(s) funded by the Agreement,
are informed that the County is its funding source.
Section 12. Notice: Any notice, consent or other communication required to be
given under this Agreement shall be in writing, and shall be considered given
when delivered in person or sent by facsimile or electronic mail (provided that
any notice sent by facsimile or electronic mail shall simultaneously be sent
personal delivery, overnight courier or certified mail as provided herein), one (1)
business day after being sent by reputable overnight carrier or three (3) business
days after being mailed by certified mail, return receipt requested, to the parties
at the addresses set forth below (or at such other address as a party may specify
by notice given pursuant to this Section to the other party):
The County:
County Mayor
Miami-Dade County, Stephen P. Clark Center
111 NW 1 Street, Suite 2910
Miami, Florida 33128
With a copy to:
Director, Office of Management and Budget
111 NW 1 Street, Suite 2210
Miami, Florida 33128
The Municipality:
Kelly Barket Jr.
Acting City Manager
6130 Sunset Drive
South Miami, Florida 33143
Section 13. Modification and Amendment: Except as expressly permitted
herein to the contrary, no modification, amendment or alteration in the terms or
conditions contained herein shall be effective unless contained in a written
document executed with the same formality and equal dignity herewith.
Section 14. Joint Preparation: The preparation of this Agreement has been a
joint effort of the parties, and the resulting document shall not, solely as a matter
of judicial construction, be construed more severely against one of the parties
than the other.
Section 15. Headings: Captions and headings in this Agreement are for ease of
reference only and do not constitute a part of this Agreement and shall not affect
the meaning or interpretation of any provisions herein.
Building Better Communities Municipal Agreement 9 of 12 Rev. 6/10
Section 16. Waiver: There shall be no waiver of any right related to this
Agreement unless in writing and signed by the party waiving such right. No delay
or failure to exercise a right under this Agreement shall impair such right or shall
be construed to be a waiver thereof. Any waiver shall be limited to the particular
right so waived and shall not be deemed a waiver of the same right at a later time
or of any other right under this Agreement. Waiver by any party of any breach of
any provision of this Agreement shall not be considered as or constitute a
continuing waiver or a waiver of any other breach of the same or any other
provision of this Agreement.
Section 17. Representation of the Municipality: The Municipality represents
that this Agreement has been duly authorized, executed and delivered by Mayor
and Commission, as the governing body of the City of South Miami, Florida and it
has granted the Manager of City of South Miami, or designee, the required power
and authority to execute this Agreement. The Municipality agrees to: a) maintain
the Project for a minimum of 25 years; b) agrees to govern itself, in regards to the
subject Project, in accordance with Article 7 of the County Charter; c) keep the
Project open safely and properly maintained for all Miami-Dade County residents;
and, d) allow all Miami-Dade County residents equal access and use of the
Project and not discriminate when charging facility admission fees based on
where a resident resides in the County. The Municipality also agrees to accept
and comply with the Administrative Rules as stated in Attachment 1 and as may
hereafter be amended.
Section 18. Representation of the County: The County represents that this
Agreement has been duly approved, executed and delivered by the Board, as the
governing body of the County, and it has granted the Miami-Dade County Mayor
or Mayor's designee the required power and authority to execute this Agreement.
Subject to the conditions set forth in this Agreement, the County agrees to
provide the Funding Allocation to the Municipality for the purpose of developing
and improving the Project in accordance with each of the attached Exhibit Forms,
incorporated herein as Exhibits A-J of Attachment 1 (Administrative Rules). In
addition to the other conditions set forth in this Agreement, Miami-Dade County
shall only be obligated to reimburse the Municipality provided the Municipality is
not in breach of this Agreement and the Municipality has demonstrated that it has
adequate funds to complete the Project. The County shall administer, in
accordance with the appropriate regulations, the funds available from the BBC
GOB Program as authorized by Board Resolutions. Any and all reimbursement
obligations of the County shall be fully subject to and contingent upon the
availability of funding from the County for the specific purpose contained herein.
The Municipality shall be solely responsible for submitting all documentation, as
required by the specific Administrative Rules incorporated herein as Attachment
1, to the County Mayor or his designee for this purpose.
Section 19. Invalidity of Provisions, Severability: Wherever possible, each
provision of the Agreement shall be interpreted in such manner as to be effective
and valid under applicable law, but if any provision of this Agreement shall be
prohibited or invalid under applicable law, such provision shall be ineffective to
Building Better Communities Municipal Agreement 10 of 12 Rev. 6/10
the extent of such prohibition or invalidity, without invalidating the remainder of
such provision or the remaining provisions of this Agreement, provided that the
material purposes of this Agreement can be determined and effectuated.
Section 20. Indemnity: The Municipality does hereby agree to indemnify and
hold harmless the County to the extent and within the limitations of Section
768.28 Florida Statutes, subject to the provisions of that Statute, whereby the
Municipality shall not be held liable to pay a personal injury or property damage
claim or judgment by anyone person which exceeds the sum of $200,000, or any
claim or judgments or portions thereof, which when totaled with all other
occurrences, exceeds the sum of $300,000 from any and all personal injury or
property damage claims, liabilities, losses or causes of action which may arise
solely as a result of the negligence of the Municipality. However, nothing herein
shall be deemed to indemnify the County from any liability or claim arising out of
the negligent performance or failure of performance of the County or any
unrelated third party.
The County does hereby agree to indemnify and hold harmless the Municipality
to the extent and within the limitations of Section 768.28 Florida Statutes, subject
to the provisions of that Statute, whereby the County shall not be held liable to
pay a personal injury or property damage claim or judgment by anyone person
which exceeds the sum of $200,000, or any claim or judgments or portions
thereof, which when totaled with all other occurrences, exceeds the sum of
$300,000 from any and all personal injury or property damage claims, liabilities,
losses or causes of action which may arise solely as a result of the negligence of
the County. However, nothing herein shall be deemed to indemnify the
Municipality from any liability or claim arising out of the negligent performance or
failure of performance of the Municipality or any unrelated third party.
Section 21. Assignment: The Municipality may not assign all or any portion of
this Agreement without the prior written consent of the County.
Section 22. Entirety of Agreement: This Agreement, and the attachments
thereto, incorporates and includes all prior negotiations, correspondence,
conversations, agreements, and understandings applicable to the matters
contained in this Agreement. The parties agree that there are no commitments,
agreements, or understandings concerning the subject matter of this Agreement
that are not contained in this Agreement, and that this Agreement contains the
entire agreement between the parties as to all matters contained herein.
Accordingly, it is agreed that no deviation from the terms hereof shall be
predicated upon any prior representations or agreements, whether oral or written.
It is further agreed that any oral representations or modifications concerning this
Agreement shall be of no force or effect, and that this Agreement may be
modified, altered or amended only by a written amendment duly executed by
both parties hereto or their authorized representatives.
Building Better Communities Municipal Agreement 11 of 12 Rev. 6/10
IN WITNESS THEREOF, the parties through their duly authorized representatives
hereby execute this AGREEMENT with an effective date of ,2013.
Approved by County Attorney as
to form and legal sufficiency.
Building Better Communities Municipal Agreement
City of South Miami, Florida
By: __ ~~ ______ ~ ________ _
City Manager Date
For the City Commission,
City of South Miami, Florida
• CLERK
Attest:
By: __ ----------__ _
Clerk Date
MIAMI-DADE COUNTY, FLORIDA
By:~~~ ____ ~ ________ ~ __
County Mayor
MIAMI-DADE COUNTY, FLORIDA
BY ITS BOARD OF
COUNTY COMMISSIONERS
Stephen P. Clark Center
111 NW 1 Street
Miami, Florida 33128
HARVEY RUVIN, CLERK
Attest:
By: ~ __ -:-:-________ _
Deputy Clerk Date
12 of 12 Rev. 6/10
(~
Exhibit 1 -Project Budget and Description Inilial ____ Date __ _
Miami-Dade County
Building Better Communities General Obligation Bond Program (GOB)
Cit)£ of South Miami
Water & Sewer Enhancements
Project Number 17.8-71202
REVENUES EXPENSES
FY 12-13 Other Total Milestones Total
GOB Future GOB Funding Estimated Projected Schedule Estimated
Allocation Allocations Allocations Revenues Start Date End Date Expenses
o Project Administration 0
o Project Administration (Non-GOB) 0
o Land Acquisition 0
o Land Acquisition (Non-GOB) 0
Pre-design,Planning, including
o preliminary engineering 0
I Pre-design, Planning, including
o preliminary (Non-GOB) 0
o A&E Selection 0
o A&E Selection (Non-GOB) 0
104,000 104,000 Design 10/1/2011 91112013 104,000
o Design (Non-GOB) 0
o Dry run/permit 0
o Dry run/permit (Non-GOB) 0
o Contractor Selection 0
o Contractor Selection (Non-GOB) 0
749,937 922,800 1,672,737 Construction On Going 10/1/2012 9/3012014 1,672,737
o Construction On Going (Non-GOB) 0
Construction Substantially
o Complete 0
Construction Substantially
o Complete (Non-GOB) 0
o Other 0
o Other (Non-GOB) 0
853,937 922,800 0 1,776,737 TOTALS 1,776,737
" Other Funding (List sources and amounts)
Funding Source Amount
Total
01
Project Narratlve/Descnptlon
The City of South Miami intends to perform design and construction activities associated with the installation of forcemains, water and sewer
lines, and hydrants within the City of South Miami. Such activities will also include but is not limited to road resurfacing, dust control,
mobilization and permitting.
GOB Total Funding Allocation Narrative/Description
Design, construction, installation of forcemains, water and sewer lines, and hydrants within the City of South Miami. This BBC GOB allocation
is fully subject to and contingent upon the availability of BBC GOB Program proceeds and the satisfaction of the Conditions Precedent to
Funding.
GOB FY 2012 -2013 Fundmg Allocation Narrative/Description
funding will be used for water and sewer enhancements within the City of South Miami.
"For municipalities and public agencies, this exhibit. along with the entlty's resolUtion, conforms with Article III, Section I, A2e of the Building Better Communities Bond
Program (GOB) Administrative Rules.
Building Better Communities Page 1 of 1
BUILDING BETTER COMMUNITIES
GENERAL OBLIGATION BOND
PROGRAM
ADMINISTRATIVE RULES
TABLE OF CONTENTS
ARTICLE! -GENERAL CONDITIONS
SECTION 1. BACKGROUND
SECTION 2, SCOPE
SECTIQN 3. GENERAL
SECTION 4, ,DEFINITIONS
Page 2
Page 2
PageZ
Page 2
Page 2
ARTICLE II ~FUNDINGPROCEDURES Page 5
SEctION 1. FUNbINGCYCLES;
APPLICATION SUBMtSSIONPERIObs Page 5
:SECTION2.FUNDlN<JAPPLICATioN " , " ' ' Page 6
SECTION'3. ELIGIBILtfYREQU1REMENfS ,Page 7
SECTION 4. EI¥xffiILITYDETERMINATIONAND EVALUATION Page 9
ARTICLE,III -GRAN'tADMINIS'tRA'tION
, " ., SECTION L FUNDING,.A.LLOCATION AD1v1Il'T1SfRATtON &,
REIMBURSEMENT POLIC::Y<
S.ECTION.2. "COIvIPLIANCE,RESPONSIBILITIES
SECTION3.RJ3PORTS
SECTION 4. 'PROJECTCLOS&OUT
SECTIONS; INTERPRETATION; ADMINISTRATION,
Bllilding Better Communities Administrative Rules
lof23
Pagell
Pagell
Page 18
PageZl
Page 21
Page 22
Rev, 1/07
I
"
ARTICLE I ~ GENERAL COND1TIONS
SECTION 1. BACKGROUND
Theseadministrative'lUlesgovem the implementation byMiami~Dade County (the "County") of its
Bulldirtg Better Communities: General Obligation Bond ProgI'am as 'establishedbyOtdinance No.
05-47 (the "Ordinance").
SECTION 2. SCOPE
These administratiVe rules have beeri prepared to address the.administrationandallocation off un os
for theprojeclsand.prograI11s identified jnthe Building J3ett~r COnllIiunities GeMral Obligation
Bond Program (BBCGOB Program). ma:ddition to the fundingofPf6jects speCifically listed in the
BBCGOB Program~eligibleprojectsmaybe funded through ,theapplication'process<ie:scribed· in
these admIniStrative rillesWithmoriies from four (4) funds. The funds are the Histoi'ical
Preservation Fund, the Economic Development Fund, the Not-for~Profit Community Organization
CapitaJFund and theJ?i;lttiatyHealth Care Facilities Fund (collectively, the "FUllds"J. . . .
All ;tecipieI1ts of funding for specific projects identified 'inthe13BCdOIt Program finctfotpl'ojects
approved for funding, 'from. oneof'the:Fimdsare, required to follow these administrative rUles.
FailUre to do so l1lay leacito disqu.alifiCation,
Additional copies 'of theadminis~rative rules and/orappJicatiOtimatedalsmaY;he (jbtainedby
contacting the County Manager's' Office. AUinquii'ies,correspondenc'C and applications for the ,.
BBCOOB Pl'ogra.m shotildbe address'cd to;
'Miami-Dade County
CoUnty 'Manager's Qf'fice
111 NW 1 Street:
Suite 2910
Miami, Florida '33128
, AttentiOn:J,{ogerJ •. Hetnstaclt
ono a Departmellt oragel1cyofMlaiTli:'Dade County, serving, as the. County M;anager'sDesigilated
Representative. .'. .
SECTION 4. DEFINITIONS
The f()llowing isi list oHerms arid definitions that are used in these administrative rules:
"Acquisition"means the act of obtaining real propertyandlor capital assets odnterestsand rights
hi realpropettyand/otcapittlla:ssets byVatious legalmeahs to servepubHc purposes,
"Applicant" means a Public Agency, not-for"profit organization, Municipality or other entity
elig~ble to participate ill theBBC GOB Program, which submits a Funding AppIicationPackageto
the:Countydllring an announced Appiication Submission Period.
Building Better Communities Administrative Rules Rev. 1107
20f23
"Application" means the p.rocessdescribeq. in these rules tQmake a formal request for Funding
Allocation which remains open untiLtheexecution'of a GrantAgreement or Interlocal Agl'eement,
as the casema:y be, ora decision by the County not to provide a Total Fimding Allocation.
"Application Submission Periodil 111eallS the formally announced period of time. fOl'tlie
submission ota. Funding Application Package in a given Funding Cycle.
"Board of CountyComniis$ioners" of"Board" means the legislative and tile governing body of
the County.
"Community':Based Organization (CEO)" shalltefer to anytlot-fo!..:profit. 501 (c) (3) agency,
gtOUp, otganization,sotiety, ass()¢iatioh,partnershipor individual whose <primary purpose is to,
provide a community'service designed to improve or enha.ncethe well·being of the corrUtltlIiity of
Miami-Pade County at large or to hnptove or enhance the well-being of certain individuals within
this communitywho,have special needs.
l'n~tiIlty~I,·ti1eansMia.m.i·Dade County, Florida.
"'County Manager"ot "1V.tanllg¢r" rnean:s the head of theadtnIn:istnitive.branch of the County
gOvernmeiitorhis/herdesignatedrepresentati ve. .
"Pevelopm:entt
' rnea,nstheact ofp,hysicaIlyfm.provingan area, facility; resource or site to increase
its ability or capacity to serve the pUblic.,
~'Designated ProjectS" means the specific Projects approveclpythe Board ,in the Qrdinance and the
electorsolll'Ii:>vemher2; 2{)04for incl\ision InlheBBC GOB ProgtartL
~'Fixtures,)J'11rnjture an<l, Eq'uipment(lrE&E);' means 1) Fixtures -items that are permanently
affixed tothe.building orpr6perty,.i;e .• doors~ 'bathroom stalls, Afe units,. etc;; 2) Furniture -indoor
furnishings needed to allow proper 'i.!se· pf'a bUjldihg,. i.e., desks, chairs, tables, . workstationsj etc:;
;and 3) Eqllipment-noo:"cOrisumable tangible property wjth a life oiat least one year. thatisdirectly
related to the ,funded project. 'suc!1 as 'bleachers for couns, attdiblvisualequipmel1tfor community
rooms. computers forcotnPuterhlbs; pOl:tab16 basketball goals rorgymnasiuIl1s, etc.
"Fund Projects" meaIisthe,~pecific Projects approved by the County pu!.'suarlf to these·
administrative rules for a Funding Allocationf'rorn one oftl1eFuIids.
"Funds" means any andloI'all.ofJhe following fout ftmds. inCluQed in the BBC. GOB Pl'ogi;am to
adciressgrant requests foe Fund Projects: the Economic Development Fund, . the Histot1cal
Preservatioll Fund, the Notwfbr~ProfltCommunityOrganizatfon 'Capital Fundaiid, the Primary
HealthcareFacilities Fund. ' .
ttFunding Cycle Allocation' 'means Building Beher Communities General Obligation Bond funds
approvect by the Boatd in. ,agivell year {or use by 'a Recipient fOr implemelltationof aPtoject
pursua:i1tlo these admiitistrati ve rules.
HFundilig Allocation" means (i) the toial amount of Building Better Communities General
ObligationBondJunds approved by the Boatd on J~ly 20; 2004 for uSe by a Recipient for a specific
13 uiIdingBetter COIi:l1l1unities AdmirustrativeRules Rev. 1/07
30t23
Project; or (ii) the total amount approved by the Couhtyfrom.a.Fuhd for use bya'Recipientfor a
specific Project. .
'''Funding ApplicationForin"iheansthe base application fohn provided by the County Manager
to be completed by the Applicant and submittedaspartofthe}<un:ding Application ?aclcage.
"Funding Application Package"; trIeans. theco~pletes~bmittal package required by these
administrative mlesahd;submitted by art Applicant for a I>rdject. (See ArtiCle II, .Section.2),
"FundingCycIe" means the. time between the' openIng of an Application subi1iJ.ssioh Period and ,
the approval by the Board pf the Projects to receive a Funding Cycle' Allocation from the next series
of genera I obligation bonds,
"Grai1t Agreement" . means an yxecutedgrantagreementhetweei1 the County and a Recipient
(other than a grant Joa MuniCipality o.rPublic Agency; which grant will be evidenced by an
executed Inter10caI Agreement),setling forthmutmil obIiga.tlonSl'ega.tding a Funding Cycle
Allocat~oilfor a Project. .
''I~terloca! Agr~emeut" 'Ij1eansanexecuted grahtagieementhetween the County and aRecipient
that is 'a. Municipality orPtiblic Agency setting forthInl.ltualobfigations tegarding'a Fundirlg CYcle
Aliocation for aProJecL . . . .
"Match it meanS caSh committed by tneRecipient, as stipUlated in the approved Grant Agreement
of the Interlqcal Agreement,as the case may be, to complement funding aWatcled from . the :aBC
GOB Program.
"Municipality" meansapoliticat unit,subh. asa city, town, :orvillage, incorporated forlocalSelf-'
government wlthin the confines of Miami-Dade COUIIty.
"O'rdinance"meansiheBuHdingBetter COlumtin.ities GeneralObligation Bond OtdinanceN(), 05-
47;
l~PI:e"Agreefueht.Expenses"means eligible ~J(penses identifledill AtticleIII, Section 1 (B) of these
:rules 'ip.cUlte.dbyaRecipient for accompIishment' ofa·Projectprior to full execution .of a Grant
Agreement or an JhterlocaIAgreement,: as the cas,erp.ayhe.
"Project"rileanse.ach Designated, Project or .Fund J;>rc,>ject, 'as. 111e caserp.ay be, identified ina
FundingApplicatiOll.Backage'andappi'ovedby the COunty for a Funding Allocation.
"Public AgcllcYQrP:ubli(! AgelicIes"meai1s an agericyor agencies or administra:tivedivisionor
divisions of the United .states government; the State of Blbrida, the Cou'Q.t%ol'any municipality
within the County,
tI,Recipientt 'Ifiean.San entityreceivitig a Furtdilig J:\llcication;
"'Soft Costs 1i meansrealartd verifiable expenditures foradrninistration, project management (not
Telatedto. construction superyision),Jndirect .costs· (ai;:counting/pui:chaiing/persbtiilel. etc.),' imposed
fees (e.;g.,permitprocessibg fees) ahdthosecosts NOT relateatocoIistrugtionmaterlaI, labor,
equipment or COI1struction sub~~ontractors. SoftC<?sls for the purpose of this Program ~re classified
13 uilOlng Better COIllItluIilties AdrninistrativeRules Rev; 1/07
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by the following three.ai·eas:
.. :project Administration -administration,project management (not related to c.Ol1struction
supervision),illdirect costs (accotmting/purchasing/personhe1, etc.) and imposed fees (e.g:,
Professional $ervic;:esAgreell1ent selection/pennitprocessing fees)~ Projectinanagement related
to construction stlpervisi6nis riot considered it soft cost; and
• PlahhingServlces ~Master:plandeyelopmeht an<lapproval andJeasibility studies; and
• Design SerVices _. schematic deSign, deSign development, construction documents, bidding or
negotiation and as huiltdrawings. . ..
Construction supervisionartd/br irispectioitate not considered 80fto0818. All costs ass.ocilltedwith
land acguisItionsuchas:apprlllsaIs, due diligence;cQstof landiptoject adnlinistration Telated.to
land purchase, legal fees. etc. arenotpart Qfthe softcosts,
"Targeted Urban .Areas" or "TUA" means the. geographical cOlnmunities whichha:ve been
designated by the Bmtl'tl ofCounty¢ommissjoners~
u:t1l\i$A" means Uninc6rporatedMunicipal Service Area of the County, for which the County
provides rrtul1icipalservices. Projects occurring within areas defined asUM8Aare subJed td the
same administrative rules as an)' other project ,seeking,Building Better Communities Gelietal
Ob1igatibtiBondJtltidin~, regardies$ ofthe el1tity iiiyolvediritheprojecf;
ARTICLEIl"" FUNDING PROCEDURES
SECTION 1.FUNDINGCYCLESfAPPLICATIONSUBMISSIONPERIO])S
A:Fundirig Cycle shallbeesfablish¢d by the Boardona,pedodic basis related. to ttiesaIe of bonds,
provided there ate Building ,BeherComIIiunWesGeneral Obligation Bonds remaining to be sold.
Eacl1PtojeCtmay befuiideddtitirig oneot:more Funding CyciesthJ:otigil a FhiltHng AUocation.
Eligibleentitiesmlfst apply f()r these .Funding Allocations. Eligibleerititiesexisting,oniof ·befdte
July 20th ; 2004, the date the GeneralObligati()n Bdnd Res01utionswere approved by the Board; will
receiVe priotityconsideratioti for Projectapptov·,i.1aiid FundIng Allocati()n. A GrantAgreetilei;ll 01'
Intedccal Agreement between the County and the Recipient;. as the case maybe, implements the
FundingAll()cations.
The Funding Applicatioll'packageshall be delivered on or before the IMtday of th~antiO~nced
Application ·Sribl1lissiolLPedod. The County 'may announce an additional Application Submission
Period if funds remain or hecomeAlvaiIableafter the ph~ceding, Application SUbrilisSlonPeribd j~
complete. Each Appljcation SubmissionPedod and other pertinent application jnformationshaU 'be
publicly announced in ,newspapers of gerteral.circrilation in the County at least one (1) 1'h()llthpdor
tdthedeadllue for subIllission of the Funding Application Package; unless otherwise waived by the
Boatel.
Building Better Communities Ad~nistrativc Rules Rev. 1107
50f23
J
t
SECTION 2. FUNDING APPLICATION
.. .,
An Applicant must submit a complete Fmiding Application in order to be eligible to receive a
Funding Allocation award. Acomplete Funding Application Package means one that meets all the
requirements 'of the Ordinance and theseadmifiisttative Jules and issuppol'ted ~y p(opet
documentation required by these administrative mles. The Funding Application Package shall
consist of:
1) Completed FUriding Application form.
2,) Completed line itenibudgetThe line item budget :mustbe subnUtted. With budget
justifications tor the Construction and, Fixtures, Furniture and Equipment line items; The
justificatiol1 should proviaedetai1ed descriptions, of the project elements. ReinibUrsement
for Fixtures, Furniture & Equipmentis contingent upon prior inclusion and approval of these
expel1sesht theGraIltAgteement. (Seei\ttic1e IU. Section l(C».
3} Letter(s) .of~OIlJnli'tlllent for' ttlatching', funds thatcomplemeht the FUndilig Al1oc(:ltiol1
request as 11lay be requh'ed 'bythe Application.
4) Projected 'cbmpletiovdateforfhePfbjecfand iftheProjectwillbe constlUctedinphases, the
completion date'oteach phase,
5) ProjectlocaHon map.
6) ForDevelopmenCProjects, certification, of ownershipofa;$lte by' the Appllcantorevidehce
of land tenure sufficient Jdsatisfy theCbunty thaI the ProJect may be developed on the
designated site.· .
7) Wi"ittel1evid~nce (resolution or other legally requireddocu11lentauon), wliichat a mitri11l11l11:
(1) authorizes the exec:uuqnQftM GrantAgreementottheJnfetlocal.Agreernent, as thedise
:maybe;(ii) . comilli tsthe:App Iicantto comple'tetheI:'roject;(iii) ~lS applicl;lble~ comlllits· the·
Applicanttoprovide operating, .ma.il1tenance and' programming :f1.11'lds ttpol1completloh of
the PiojeGt,totheextentallowed by ~aw; and;(iv)provi&~sthat the Funding Allocafionshall
l10tbe usedJrrsub:stitutiort of'othercapitalptPjectfUriding available to the Applicant.
8) Any other documentatIon that the Board. may require fromtlnictotlme.
An Applicant may requestfunQillg fora.majot ~Projectinphases. Each, phase shall constitute a
distinctportidn of the proposed . Ptoject. Bach.Applicant requesting funding for a Project in phases
shall commit tQcompleting the Project >as defineditl the Grant Agreement or the Il1terlocal
Agreement, as thecase.lliitybe,unlessotherwise modified by approval of the Board inaccotd'ance
with these rules ahdtheOrdinance,
In the event an;applicanr intendstosubmitarequest fOl~ pre-agreement reimbursement, the applicant
shan comply with Article ill, Section I(B»). . .
Building Better Cotnnulnities AdininistrativeRules Rev; 1107
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I
I
'.~' .. :._.::'. "'W," .... , •• ,. ':" •• , ". _ ............ .,... .. ____ •••••••• , ,_,.,. ~ .... _ ........ _~_ •• ~ ••••••• , '" '0. _ •• _,_ •• , .. "_ •• -.----.
SEC'rION3. EttGIBILITYREQUIREMEN'r8
A) DeslgnatedProjects
Eligibility requirements for Applicants:
• ActiveanddulyregistereclFlorida not-:for-pr6fit 501 (c)(3) corporation. Comply with
the County's Administrative Qr'det 3-15.
• Active and duly registered Florida for-profitcorporation or recognized business
entity. .' .'
.: Municipal eiltityotagencybasedin Mia,mi -Dade County.
•. Owner or lessee of resIdential ol'commerchll propetty)6cated within MiamI-Dade.'
County.' on which the DesignatedProjectshaIl besittiated.
• Financiallysta.bie includil;igJinancial ccmfuitmentStocomplete the Deslghated
Project.
B)Fund ProjectS
LFunds Objectives
'The Bconomic Development fund (the .'~i£DF;) is a com.pOilent· 'of the BuiidingBetter
Co.mmunities Bond Programartd is available fof the purpose .cf providing>infrastrudure
improvements tospureconomic,:developmentandattl'act newbuslncsses'to the community
iI1'Order t() creatcjobs. 'rhe.EDFirtciUdes$75.111illiorithat is, available countywide and $15
million that 'is specifically fccused()J1 the County's desig!1atc<i Target¢dLJtban Areas.
Eligible uses 6fthe EDFindude but arenotJitl11ted to:infrastrtictUre funding· for road
construction, water and sewer Iines, fencmg;,sidewalks,. ertttYWaY8, 'lighting; artd:handiCap
accessibility; ac;quisitionofhmdorbuildings; . and' new constmction. of buildingsi '
renovationofbuildiilgS. Ineligible USes 'of the El)Finclude bp;t aretr6t limited to;· \Vorking
capjtal;Jurtiiture. and fixttires;6ffice equipment; and other non"-capitaLrelatedexpenses. .
. the Histqricall>rescrvat1on Furtd, the PrimaryHealthcare FacilitfesFund,·andthe;Not-for-
Profit. Community Organization' Gapita!i~und area corup<mentot tbetiuilding. Bettet
Commuflities·GeneralObligation Bond .initiative fortheptirposeof fundingptojects tha~
·supportthe County's 'historic preservation, t#imary healtllCare; a:nd~mt1munityagen:cy
infrastructure. needs, These are capital projects that jil1prove the quality .of life fot. the:
CountY's citizens; ,enhance medical facllities~ ·repa,l:>Hitate historicpropertics, ·save
irreplaceable histQricvenues,. and serve as a catalyst for: preserving andprotecti:i1gMiami-
Dade Counti s . future. Medical institutions. historica.lly and culturallY significant
properties; and Community-Based 'Organizations needing capital funds Jor construction,
ren()vation, and expansion ofJacilities within the community tfiat.meetthecriteria foHhe
followingpr()grams may beeligiblefotassistaricefrom these ftinds~
2) Program Descripticnsand Criteria
aj Eccnomic Development Fund.
Building BettetComffiunities AdminIstrative Rule's Rev. 1/01
7of23
',.
'[his program includes ·$7.5m.i11ion that is available countywide and $15.million that is
specifically focused ort the County's designated Targeted Urban Areas to spUt econoinic
deYelopmcJ;ltand attract new businesses 'in order tocreatejobs.
Eligibility Requirements for Applicants:
• Active and duly registered Flor,ida not -forc-profit 50 l( c)(3 )cQrporatioil.
• Active and duly registered Floridafor"profitcorporation orrecognizedbusiness
entity.
• Municipal entity or agency based in Miami-Dade County,
• Owner or lesseeofresidentiaI. or commercialproperty]ocated within Miami.:.Dade
County on which the Designated Projects will be situated;
o Financially stable including financial commitments to complete the Designated
Proj¢ct.
• Those1isted. hi any Request For Proposal's related to this Fund.
b) I:IlstpdcPtesel'vatibnFuIld
This· program includes$lOmilliol1 'and is. intended to provide matching: funds' to private
pi'bperty ownerS,pdvatenonprofitorgahizatiohs .. andmulliCipalgove:rnmen[agencieS
fortheacquisjtion,relocation.a.nd rehabilitation of designated historic Pl'operues,or
properties ~ligible for designatlbn asa histol'icpropertyotasa contributing historiC
district property. whirihhas:applied for such adesignaiipnwithin' Miami-Dade County ..
Eligibility Requirements for Applicants:
• j\ctiveand duly: registered Florida not ~for-profit5()l( c)(3) corporation.
• Active and duly registered Florida for:-profit corporation or recognizyd business
entity.
• Municipalerttityoragency.hasedinMianri-Dade County .
• OWl1df of residential or commercial property located within Miami-Dade County.
• Indfvidrta.i1yliSted as municipal, CountY, State or NationalRegistet ofhist6tic
.propertylocatedin·Miami~DadeColl11ty;
• COl1tributingPropertywithin.adesignated municipal. County, State or national
histotiCdistrictlocated in MiMni~Dade County.
• property detern1:ined eligiblefodisting ~san individual historicsiteOl"as a
contributing historic districtj?roperty, and which has:applied for such designation; in
a Mllnicipality, County,State otN"atiQnaI Register, and located withinMiami~Dade
County ..
• Those listed hi any Request ForPtoposai' s related to this PUlld.
c) NOFfor-Profit Community Organization CapitalFuIld
'[he objective. bf this fundistobuildand sustain the capability and capacity of the not"
for",pl'ofit sector and support entities that enhance the quality of life of Miami-Dade
County by deHvering needed services. The $30 million allocated to this fund recognizes
the. importance ~I1dcotltinuiIigcontributions that these organizations make to the futu:r~
of Miami':Dade County.
Building Better C6nununities Administrative Rules Rev. )107
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Eligibility Requirements fOr Applicants;.
. .~ .
o Legally ihcOl;porated 501 (c)(3) not.;.for-profit organization lacking access to
government sources of capital funding.
-Demonstrable financial stability.
• Organization's inissionis· consistent with goalsiderttified in the Miami-Dade County
Strategic Plan.
e Dethonsti'ate ownetshipoforintentto:purchase aracility.
o Utter of C<iirUnitmell,tconf'iririlngtheresources necessary to accomplish the project.
• ArchitectuniIJengiheeringstudy and/()t equipment speCifications and professional
cost estiii:Iatc;
• two (2}year managementartd budget plan for the facility.
.• Those listed. in ahyRequestForProposar s related to this 'f?uhd.
.... ' . "
c) Primary HealthcareFacilitiesFuhd
The objective of this fund is to builq arid llusta:in thecllpability and capacity otIhe hOt-
for..proflt sector and support entities thatehhartce the quality of primarY,healthcare
'within Miami~Dade County bydeliverittg rteeded setyices;· The $25 million allocated to
this frtI1d tecognliesthe importance; and. continuingcouttibritions that these
organiza.tions,and the care that they ptovideimaketo thefut\.lre of MiamF·Dade County,
Eligibility Requirements forAPl?licants:
• Ugallyincorporated 5Ql(c)(3)not;.for"profit organization lacking access to
government sourceso(capitalfunding; . .
e])emonstrable.finartcial stability. .
o Organization's missio1'l is. consistelltwhhgoalsidentified in the Miami-:-Dade County
St~ategic Plan. .
.neth'ohstra.te'ownets~ipof or in,tent t6ptItchase afaCillty;
• ,Letter ofCommitn1ent(;onfirrni~g. theresourc.es :hecessary to accomplish the project
.; ArcliiteCtilralfenghieering stutly and/or equipment· specifications and professional
. cost estimate;
• Two (2)yearmanagement.nndbudget plan fol' thefacjlity.
• Those listed ili ailyRequest For Proposal's related to this·Fund.
SECTION 4.' ELIGIBILrry DETERMINi\TION AND ltv i\LOATION
Following closure of .an Application Submission, Period, . theCollnty rvr1fnager will teView' and
evaIuateeach Funding Application Package for funding eligibility or ineligibility. The County
Manager may use entities sllch,a:s thefoll()wing to assist him -in the review and to create Project
Review Corrunittees.
EconomiC Development Fund
• EmpowermenfZone TJ.1istBbard
• Miami-:-DadeEmJ?qwetmeilt TJ.1ist
• Office of Community and ECbhOrrllC Pevdqpment
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I i
~ Coalition· of Chambers of Commerce
• TaskForce on Urban Revitalization
• Metro Miami Action plan Tmst
• Beacon Council
• Greater Miami Chamber of Commerce
• Dade League Of Cities;
Historic Preservation Fund
• Dade Heritage Trust
• HistoricPreservationBoard
Not-for~ProfitConimunity Organization Capital Fund.
.. Alliance for Human ServiCes
.. Dade COh1mu~ity Foundation
Primary IIealthcare Facilities Fund
• Office of Countywide Health Care.f>l;mning;
Any such entity shall adhere to public record protocols specified under AdministrativeOrderNo~3-
3LPundlrrg AllocatiOns for eligible projects maybe recommended toiheCo:unty . Manager by the·
ProJect Review Comniittee. The Comity.Manager and the Project Review····Committee ma.y
deterrninythataFundlngApplicatiQn Package he. dassified as: .
A) Ineligi~le. Declaration that the project identified ina Funding Application. Package is
ineligibl~.
B) ConditionaUyEligil>Ie.the. Boai'd fu.~ydeteimitH~ thataPtoject is eligible for futiding ripon
. satisfaction of specified conditions. Intheevent;th~t·collditionalapproval is given, Board staff
sh~l. vedfy that the conditions havebeensatisfled.ptIotto executingaGrant.AgreeIIl~nt or an
Interlocal Agreement, as ·the 'case may be; .
q Eligible. Declaration that aProjectideritified in a <Funding Application Package is fully
eligible.
FllJ;iding AppHcatiortPackages 4et~rtrtiIledt6be Eligible.Qf Conditionally Eligible shaIl be revIewed
.and competitively evaluated to recommend bond full<;Iing allocations, A Jisti~gofal1 Funding
. A..ppliCationPackagesshalLbereviewed by the anB Stib .. comrn:itt¢eandptesented to the :l30iil'd by
the County Manager in the form ofaResoluuon statingth.e eligibility <:letennination, presenting the
County Manager;s .filliding tecommendationsbasedon the coi1ipetitiveevaluatibn and· seeldl1g
approvru for the disbufsemenLoffunds; .
Building Better Communities Administrative Rules Rev. 1/07
100f23
ARTICLE III -GIMNT; ADMINISrRATION
SECTION 1. FUNDING ALLOCATION ADMINISTRATION & REIMBURSElVJENT
POLICY
A) Grant Agreement or Interiocal Agreement
1) As a condition of award of a Funding Allocation, the BBC GOB Program and the
Recipientshall efitetitltoa Grant Agreement or an IntetlocalAgteement, as the case lllay
be, which sets forth· the responsibilities and dutie80f each regarding administration of the
approved PrbjectartdapPfoved;Funding Allocation.
2) rhe Grant Agreement or thelnterlocaIAgreetnent,asthecasernay be,shall specify the
following, and shall incorporate such other terms and conditions as may be required by
particqlar ci'rcutnstaI1ces;
a)A Project. NariativelDescriptiOn. Of Project, including location of Project, and
l:iegimilng: and ·enddates;
b) An 6verhlibuclgeffottheFirt111Project, identifying additional sofucesofteventie;
'c) AFunding A110cationlineit~mbudget (proposed use of13BQ GOB funds)~
d) If the Recipient 18a C()rilri:ttinitY-'Based Organization or other entity (hot a.
Municipality or Public Agency; :a letterof'comtnittnent of matching funds validly
executed Comil1Ittingtl1e otganizationto ra.ise any additional capitaLftindsnecessary to
complete the Project, and committing to provide ,operating, .. maintenanceand
progra)1lm1l1gfu~ld~ upon' ,completion of the Project} 'alL as allthbrizedand appfovedby
theR~Cipient' sBoardofDiredors orgovemingetltity;. . . '
'e), If tl:ieReciplent, jsa MUl1iciipantyotPublic .Agehcy,'a l¢tterofcommiunenr of
matchingffuidS· validly executed committing the organization to appropriate capital
funds necessarY' tOC()IDPI(~te tnePt;oject'and to provide operating,furuntenan¢e,aud
pi'6gramfuing fUridsupon cofupletionoftheProject, all as autnol'ized and approved by
the goverrrln,g1Joardq,fsucl:iMuIlicipality 01' 'PublicAgehby;
'f)Certlfici:ttionofowriership"or evidence of 'Jease or other use agreement: fora
n,Unimumul1-expil'ed tetrn,<:rf25yeat$: .
g) .. Btisinessplati <indio!'. ,operating pro,:,forma, defining and identifying strategies' to
addresstheimpa.ctthe,Project wiirhaye'on the organization' soperatiomil strllctute; and
. hy A Iisto'f'consulUltitS tha.twiIl be involved in the dev6i'opmenfof the Project (e.g.,
Owne('s'p.roject manager(s),Architeptute and EngineethlgJeam,Spec~altY COllsultailts.
Developers, General ContraCtor ,or ConstrllctionManager,etc.) as they become
. available.
Building BetterCommunitiesAdministrative Rules Rev~ 1/07
110[23
B) Pre-Agreement Expertses. The inct:irritlgofPre-AgreementExpenses creates no obligation on
the County to execute a Granf Agreem.el).tot Interlocal Agreem.ent, as the case 'may be, '01'
otherWise ~atisfy those expenses. However,prior to the, effective date ,of the Grant Agreement
or Interlocal Agreement; as the case may be"a Recipient may in'cl.lt eligible Pre-Agreement
Expenses. as defined in ArtiCle I "-Section 4. arid then after the effective date of the Grant
Agreemelltor Interlocal Agreement, as the case maybe, be'teirpbursedfor those,costs, provided
that:
1) The costs arid activities ate funded as part of the Funding Alloca.tion 'award and ate in
compliance with the requirements: of theOtdinartce and these rules.
2) For those Projects fUllded'by bond proceedsfrom,bond,sales Bubsequentto the sale of the
Series 2005 Bonds, reimbursement of ,Pre-Agreement Expenses is limited to thosePi'e~
Agreement Expensesincurted otie (1) year priofto the first day of the Application
Submission Pe.riod, unless previously approved by the)3oatd;
3} The Recipient has notified the COtlnty Mahaget'iir WritiIlg ofihe intent to' submit eligible
Pre-Agreementexpense,s for reimbursement within 3(),·days of'aGrantA,gteel11entor
Interlocal Agreement being executed. Recipiehts shaH serida lettetaddressid to the County
:ry):ilhager forhis reyiewaIid afjprdvalofeligible expenses~
C) PaynlentRecipientsate;paJ.dhllocatedfundSsubjecUothe followlng.'conditions:
1 Cost of rssuanc~ ofJ3(}nds.NOUriore than driepercent (1%) of the value of each FUnding
Allocationawardtiuty'beearmatkedfot?,1I COstS incideiltalto the Prepar~tiori,issuanceand.
administration 'of the13BC:OOB l'iogratn. . .
2 Timing. Project ,casts. eligible forfehilbursemelltshall 'be . incurred between the effective
. date bf,and the Project completion dateidentifieif in, the Grant ;Agreemenlot the Interlobal
Agreement,as the case m:ayhe;with the exceprlon,ofpre .. AgieementExpenses .
.. 3) Soft CostLimifs.P(ojectSoftCostsforPlannlllg Services, Design Services and Project
Administratiofl, asdcifined in Article 1 Section 4, t'$oftc;osts'\ ru'ee1igiblt:~,for .funding
provided that. bond proceeds utilized to pay for suthcosts do ndtexceed seventeen percent
(17%) of the: total horid proceeds allocated toa glv~nPtoject.this lirn1tationm~Y be
waived by the Baard.Whete a majdtProject is fuilded in phases, this costlimitmayn()t
necessarily applY Id·each individual Projyctphase, but must apply to the Ftiiiding AIIOcaliclIl
~~~~. .0
4) Recipients wiilimpletnent their own ptoctil'emeIitprocess; however. they shall comply with
a11appIidibleFederaI, State and local laws'and regulations, including the Couilt}'Qtdlhances'
and regulations.
5) Recipients are (e1iponsiblefot managiilg the day-to-day operations of Funding Allocatio'n
supported activities, and mairitainingcotnmunicatlons with the Coun~yManager regarding
the Project. Recipie:nts milst morutor Funding Allocation supported activities to assute
compliance with the Ordinance, thes~'tule~, the Grant Agreement or InterlocalAgreement;
as the case may be, and allapplicable.Federal; State andlocal requirements.
Rev, 1107
6) Payments to the Recipient may be withheld at allY time that the Reciipient fails to comply
with the terms of the Grant Agreement or the Il1terlocal Agreement, as the case' may be,
Funds withheld for failure to comply with the terms of the GtantAgreementorthe Interlocal
Agreement, as the, case may be, but withouLsuspension of the Funding Allocation shall be
relea~edto the Recipient upon subsequentcampliancc. Recipients: will not be required to
reimburse the County for payments alreadyteceiVed by the County frOm the Recipient
unless the Recipient fails to develop andiotoperate the Projectfor the purpose described in
the Fuuding Application Package.
7) Recipient's must complete the authorized signature fbrm (ExhibitA).
8)a. In general, payn'lcntspal1 be made oua reltubilrsemetltbasis. A funding Allocation
Recipient may submit a Request for Advance Payment form (Exhibit B) fot review and
approV:1Jby the County Manager: Approvedtecipifmtsmay rec:eiVe an advance payment no'
more that 180 days In adv:ance of the allocation schedule: approved by the Board, for up to
,25 % of the valuedf the Funding AlIo~ation forthe subject Project.
b. However, in 'accordan¢e with the guidelines reflected below, the County Manager may, on
a case..;by'-case baSlSaIid at his sole discretion" consider advance payment of up to90%ofa
municipality's funding allocation fora specific project Upon the County Manager's
decisioll that Ii request Jor advancepaymenf of up to 90% of a municipality's funding
allocation roraspecificproject will be considered; the guidelines below will be applied
consislently.andintheii:.entirety ..
Conditidns under which a municipality may roceive up to 90% Of their :B13Callocatioti fora
$ubjectproject: .
Ii A muniCipality must not.owemoneyto the County and the .County must not
have any outstanding Claims a~ainstthemuniClpality;
-Projectactivitytddate isproceedillg on;..schedule: .
• Collsttuctiollschedule.s are beingtipdatedon a monthly basis and all required
documentation has been submitted, to Miami.;Dade!s Office· df Capital
Im.pl'ovements (Oel).
• The munibipalitymust haveconttact{s)jn pla:cet(jcomplete tbepl'ojectand
no outstanding claims or disputes can exist between the municipality and
their Contractors On theptoject:
-Munic.lpality payments to c()ntractors~subc{)ntractors and suppIiers'arebeing
madetimety:
Field Evaluations win be conducted on acase .. by-case basishy Miamt,;Dade's Office .of
. Capital Improvements (OCI) and'wiU inbludeitemssuch as:
-Field audit determination that the project is on.:.schedule including Physical
construction: '
BuIlding Better Communities Administrative Rules Rev.I/O?
13 of23
r
n FolloW-up field aUdit'inspections will be performed by OCI td ensul'eptoject
completion:· .
ocr will submit a written recommendation to the County Manager to approve any
disbursement under these Pfovisions~ The municipalities will be required to execute a
supplemental agreement acknowledging these terms.·
Safeguards/CorreCtive Actions to be implemented by the County.incase of non..:compliance
bY a; mUhlcipanty with the B:I3C-GO:I3AclministrativeRules orifsatisfactory progress is not
being maintained will include:
• Funding for municipal or other GOR-funded p1"ojects to bepetformed by the
subject municipality will be withheld:
••• The County will ask to be, reimbursed the amountgiven to the municipality as
part of the gfantagreement . and/or withheld funds due, to· themuniCipallty
Jromother County fun:dings{)ufces such as PTP:
• If the municipality refuses·to reimburse the County the amount of thegrarit
agteemeIlt, the CouIltymay ,employ all available means to recover the subject
funds up to ' and including litigation.
The aforementioned safegual'ds will be implemented by the County in Cases of non..;
compliance. All conditions shall be apartofalLgranf l'lgreements wIth a. municipality. All
existing grantagreemehts . will be. aniendedto include the provisions· refereI.iced aboveartd.
alInew grant a'greel1leI1-ts>wiIIlikewiseiuclude *ese provisions.
Any disbursement of funds under these provisions will pereportedtothe'Board,
c. All advance payments received 'by a: Recipient shall be maintained in a separateinierest
beating accoUnt and may not becc)mmingled with, other ftirids. Alladvance$andiIltet~st
eamed must, be. 'fully ,accounted·for. The: Municipality shal1submit'evidenceof interest
earned to the CouJj:ty witb.any subs~quertt 'reimbursement reqilest: The amount oIintefest
earned' shaIl'bededuded from such subsequent payment. to· the Municipillity. If at any time
'theainoufitdf iIltei'estearned is greater thanth¢, reimbursement request the MunICipality
shall submit payment 10 the county .an -amoullt equal to the interest earned less the
i:ehilbitrsemellt request. Upon the ·Cbtinty·s receipt of .the. payment and any requited
supporting documentation from. the Municipality;. the reimbursement request may be paid.
Checks mUst, be:.tnade payabielo Miami..,Dade County Board ofCoimly COrrimissioners'and
forwarded totheOfficecof the County Manager:
9}Recipients must. submit reimbursementlpaYll1entrequests no later thanqual'tedy; If a
Recipient is unable tb$ubmit a feimbt}l'sement/paynient request by the qUarterlydeadIine, a
written justification jnclicating the reason for the delay and expected submission date is
required to be SUbmitted' by the deadline. Failure to comply ·with this requirementshaU
render the. ReCipient in non-compliance with the Administl'ativeRules, and m.aY result in
reduction or .forfeiture of payment,at the discretion of the County Manager; Failure to
submit two consecuuverequests shan be deemed a forfeiture of all rights unlessspeciflcaUy
waived by,the' County Manager, The Recipient must submit a wdttenexplanation forsuch
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14·of23
deiaysin order to be considered for ~ wruY~r of this requirement and aU such waivers shaH
be made at the sole discretion ·of the County Manager.
10) Recipients shall complete, sign, and submit to the County theapptopriate Reimbursement
Request forms as necessary (Exhibits Dthtough H) accompanied by .supporting
documentation (i.e., copies ofinvoices,receipfsand check payments).
11) Reimbursement requests for Fixtul'es,Furniture & Equipment items must be included and
approved i)1 the Orant Agreement or the IntetlocalAgreement, as the case may be, prior to
acquisitiOn. Written requests for Fixtures,Furniture & Equipment approval must be.
accompanied by Exhibi(H. .
12) In accordance with State law; flve (5%) of the value ofthe Building Better Communities
. GenehilQbHgation 130ndflinding for agiven:Pro)ect sllallbe retained by the Cormty for an
'projects>inexcess of $lOd,bOO. unless otherwise recommended in writing by staff and
approved oy the Bofu:d. Upqn completioll ofaPtoject;a signedpt6ject completion
certificate (Exhibit I) must be submitted' wiili the final reimbursementrequest forms in .order
for the . remaining l'etainage to be reteased. >
13)1'he County Manager may xeqllirethatreimbursemenrrequ~st$ for any Funding Allocations
reqtliring a cashriiatChtritistbeaccoinpanied by documentation· of theexpenditute of
commi ttedmatcbfunds .(i.e.,copiest>finvoiceSi canCeled checks, etc.).
14)Each'Recipientwillel'lsure thatallc~ntrac~ors and consultants perronn in accordance with
thetetfus~ conditions,. drawings and Specifications of their contracts or ·purchase ordei's and
;tl1aralIFederal~.state··andlocal contractingrulesapply;
15)Each. Recipient shall maintain an . accounting system~which meets generally accepted
'acconntingptinciples,amtshalimaintainalLrequited finanCial records to properly aCCQUnt
Jorall'Building Better COmmunities General Obligation Bond fUli.dsandany supplemental
funds usedfotthe;Project. The Recipienfshall 'at all times maihta~naseparate aCCOUnting of
all Building Better Communities General Obligation Bond funds.
".: t
16} Each Recipient shall be responsible for reporting, on a continuous; on-"going basis,any
,contractua.l relatiohshipestablished to. perform worIcort the. project,start dates; progress
payments; completion' dates; etc. in the system provided by the County.
17) The Recipient.shall be responsible for completing the Project. . lithe total cost of the Project
eXceeds the value Qf the FuildingAllocation, then. the Recipient m,ust prqvideany
supplemental. funds required. In the. event that supplemental' funds are necessary for
completion 'of a Project; as ofthe pbintlfilimc that itis knoWn that supplemental fluids ate
needed,theRecipientmustdemonstrate>tlial such supplemental funds have' beencommitied
to the Proj'ectprior to artd'asa conditionofdisbursementoi'furtherdisbutsement ofFurtdlIlg.
Allocatrons~ . The requirement for a Recipient to provide supplemental funds maybe
modified, iri part 6rwhole, by the Boatd, to the extent that it approveS in writing. any
reduction. Of" change to the Project scope of work in ,accordance with the Ordinance.
Approval of any reduction or change in .seopeof work isatthesole discretion onhe Boatd ..
D) Acquisition Projects. Guidelines and requirements for administering Acquisition Project
B uilding Better Commullities. Administrative Rules R.ev. 1/07
150f23
Funding Allocations are as follows:
1 Appraisal Required. Priot to 'acquisition oia Project site" a Rccipient must obtain an
appraisal or appraisals supporting the fair ma:rkervalue oftneHmd to be acquired~ Pursuant
to State law, if the property is $500,000 orIess in appraised value, one appraisal is required.
if the property exceeds $500,000 in appraised value, two appraisals are requii·cd. '
2 Amount Authorized for Payment. The amount of Funditig Ailocation authol'ized for
paymentforlandacq1li*ionsh~I1 in no case exceed the FundingAIIocation available fot the
Project. III the event that the negotiated acquisition pI"iceexceeds by ten percent or ,greater
the appraised value of the land; thedisbu:rsementofFimdingAllocation shall be conditioned
upoj\a Written justific'atioll for the purchase price ,and other conditions attendant to the
proposed purchase, which justification is declared satisfactory by the Board in writing.
Appraisal costS are eligible Funding Allocation costs as long as the appraised property is
,being realistically and seriously considered fot Acquisition,l:egardlessofthe outcome.
S Ehi/ftonmentalSllrvey; The Recipl~nfmay not :acquire laIid for' a BBe GOB Progralll
funded Project until a Phase t eh'Vii:ohfuehfalsurveyiscompleted, which demonstrates that
the ptoperty is suitable for its intended ;general11seand for the SPeCific Project; GOB fundS
tmiybeused for ,thenec~sary .cleari":upa Phase IIenvironrnentaI.sur'Veymay'require
pto'VideCtthe scope of the. project is nQt Impacted. Changes to thescbpe of the project
require BCC approval.
4 Sjgriage; . For six months toiIoWing an Acguisition.,the County~haJ] posta sign; lrithe
generalde~ign . 'provided by iheCounty,. containing tne Building Better . Communities
General PbligationBond ~OgOj Identifying the iSourceofProject funding; The'cost of Stich a
'Sign i~'eIigiblefor paymentrrom the Funding Allocation.
5) Ownership; Title to land acguiredwith BBC GOB Ptogtam J'undsor facilities
cbhstructed/developedwlthBuilding Better Communities 'General Obligation Bond funds
shall vest with ;a i>cibIlc Agehcyor a legally jnc()rpora~e(150JCc){3) not.:for-profit
C()rllmuriity~B'ased Organization,' . . . .
E) Development Projects. Guidelines ana requirements foradffiiriistering Development Projec;t
.Funding Allocations ate as Jollows:
1}Licellsed Contractors; :Contractor Bblids.Duly licenseq ¢()I1ti'ac:tO(S shall.perf'Cli'fuall
cOI1structiC>ll. Constluction contracts for work in excess' ofthe threshold amounts established
in· Secti0ii.25S.20 of the Flodda statufesshall requirepaymerit and performance bOllds,
which>comply with the requirementsofSecti()1125S.05, Florida Statutes;
2) Cost Elements.
a) Construction EqU~PnleI1t Recipients are requited to use their ()wnequipment, if
available, '. If. a Recipienesequiprnent. is. used,themaximttrri Funding. Allocation
;paymentshall cover operatlngand routine maintenance costs of s11ch equipment; the
FQnding Allocation excludes any. depreCiation ot replacement cost.ftompayment. If a
Recipient's eqliipwent iStlsed,a report Or source documentrnust describe the Work
performed, indicate the hours used and be related to the Project. If a Recipient does<not
B uilding.l3et'ter Communities ·AdministrativeRules Rev. 1/07
160f23 .
" !
I
have needed construction equipment available; then the ReCipient may rent such
equipment.
b) COllstructionSupplies and Materials. Supplies and materials may bepurchasCd fora
specific Projector maybe drawn from a central stock, providing they are claimed at a
cost no higher than. that whiCh the Recipient paid. When.supplies and/or materials are
purchased· with the intention ofconstlUcting a piece of equipment,structure or part of a
stlUqtl.lte, the posts that .are charged as supplies andmatetials may be capitalized
according.to the Recipierit'snonnalpractice or policy; !fcapitalized, only the cost
reasotlablyattributable to the Ptojectma.y be claimed under the.Project. .
c)-Personnel orEmployeeServices,Servicesof the~ ReCipient's employees who perform
wotk dH·ectlytelated to the accomplishment of the Project are eligible costs payable
from the Funding Allocation, These costs must be complited according to the
.Recipient'sprevrulingwage or salary scales and. may include fringe benefit costs, such as
vacations, sick.leave.F1CA, MtC:A;, h,ealth.and life insurance,aild workerscomMnsation
at the Redipieht'se:staljIisne<l fringe behefltnite. Costs charged to the: Projectmustbe:
computed on the basis of acmaltime spenton the Project, and· supported by time· and
attend?nce records desoribing the: workperfonnedon thePtoJect., Overtir'ne costs may
be allowed under theReciplent'sestab1ishedpol~cy.provided thafthe regqlar wor~ time
wasdevoted:tothe:sam.e: PtoJect. $ala:"rie:s:aiid wages Clailhedfot etnployeesw6rking 011
·allocation.:.funded Projects must not exceed the Recipient's esta.blisheclrates for :similar
pO$itionsor rates:petifidusU".f standards. Alte:niative methodologies foresta.bnshed
wageratesmustbeprei'approved~ythe.J3o~d. .
d) Consultinft; :Service5.Thecostsofconsultant services necessary for the Project are
e!igibleforpayment:fr6rrJ.,lhe Funding Allocation. The: Recjpientmustpay .copsultants
according to the Re:cipierifscustomaryor established method and rate. No consultant
f~e maybepai,dt() the ReCipient's own emplQyees.
3) CostActivities ..
a) Constr.uction activities.T:hecost oiall necessary COllSti'uctJOil fictivitles. fl;Om site
prepara.tion (inCluding demolition,survey, excavation and other site. work) to the
GQmpletion of'a struCt\ll:e ise1iglhleJorpaymeritfTom the FqildingAIIQca.tion.
b ) FjxtUi'eS,Fumituteantl. Equipment; The costof:pixture's,Furiliture a.ndEquipment
riecessarylooperatethefacility are eligible forcpaymentfrom the Funding Allocation if
apptoyedjn the Grant Agreementdr the,.Itlter1dcaI Agrooment;.as the casemaYbe,and a
detailed lislof elfgible items is subniitted ip: writing andappr()vetl by· the County
Managerpdor to its purchase (See Article ill, Section 1 (e)). Costs for consumable
,goods shall n9t be considered eligible for payment .fr()mtheFunding Allocation. Also,
refer to ArtiCle I • .section 4 for a detailed definition of Fixtures, Furri.ittire and
Equipment
c) Interpretive Signs and Aids. The cost ofsigns, display boa-rds orotheI' infeipi'etiveaids
relating to thePtbject are e1igible;for paymeritfrom the Funding Allocation.
d) Signage.During the time period of Development, theCouniy shall post a sign ina
B uildil)g Better ConUnunities AdlnlnistrativeRuies Rev. 1107
17 of 23
prominent location 'at ihe ProJect site in the geMral design provided by the County
depicting the BuHdingBetter Communities' General Obligation Bond logo and
identifying the source offundingforthePioject. The cost of such a sign is eligible for
payment from the Funding Allocation. .
Recipients are encouraged to use value-engineering Clauses in contraCts for COl1struction
projects of sufficient size to offerreasonableopponunities forcost reductions. . .
4) The following is a nonexclusive list of costs ineligIble for payment from the Funding
Allocation:
a) FundingApplication costs.
b) Cerernonial expenses.
c) Expenses forpubIlcity.
d) Bonus paymentsunlessspecificallyautho:rized hytheEoard.
e}Charges in excess ofi:he low~tresp()nsiveand respollsible,bid or propoSal jl1,accordance
with the goveming nlles arid procedures of the Recipientl when. the law requires the
Recipient to' utilizecompetitiye selection. In the e'Venta,selection process' is used,bthet
tba..ri a. IdWbidpfbcess any costdn exce~s6f the costofthehighesttariked firm shall be
considered ineligible; .
f) Charges for deficits ,or overdrafts.
g}Charges incurred contrary to the policies and practicesQf theRe~ipient.
h) Interestexpense (May be 'reimbursed at the discretion of the Board ifincurredcturing the
constrtIct~on period and is atttibutableonlytothe'coristruction period).
l)Litigation expenses or judgments.
, j) Th.ecost of serviCes, material orequlprileritobtained und(;Wany other program;
k) Costs of discountsnotta~en.
1) The cost of pllrchasing:anori-retUndableoption ,When acqu'iringJand.
F) Budget Changes.
1) Recipierttsshall adjustthelrproject budgets to reflect acfuat-costsandupdated cost estimates
. and shall submitadjustetlProject budgets to-the County Manager as soon as the fec:ipient is
aware of a material budget change.
·2) Budget adjustmentsinay not exceed the 17% Soft Cosflimiiation for design, planning, and
. progl'am administration,nor exceed the Proje¢t Funding Allocation Without approval of the
Board.
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3) Recipients shall obtain the prior written approval of the Boatd whenever budget adjustments
are anticipated as outlined in a, b,andc below. The request must be in the same. budget
format the Recipient uSed in the Grant Agreel1lentorlntetIocal Agreement,as the case may
be, and shall be accompanied bya narrative justification for the proposedrevisidil; Such
request for adjustment shalt if approved, amend the Grant Agreement or InlerIocal
Agl;eerrient.'as the case may be. Requests fotbudgetchanges shall be considered whenever
any of the following adjustments are required:
a) For any Project involving both Acquisition and Development activities, any proposed
budget transfers from Developmerit to Acquisition. .
b) Ariypropdsed reduction or revlsion. of the scopcer objecrtves offueproje.ct (regardless
of whether there:is an associated budget adjustment) that substantially. changes the original
intent of a:prQjecL
c) Any change. that would InCrease Soft Costs for planning, design, and project
administration which exceeds theIimit specified in AiticIellrSection3 Cc)(l).
In the event that a Redplenthas completed the approved .'scope of work. for· aPl'oject and has
unexpended funds, the. R.ecipient may submit a:request tOlhe (JourttyManager's Office to expend
'these fUhds irianexIstirig'Ol'uew· budget lirie· item for the. Project. The ·Comity Mahager is
authorized to approve suchbudgetchauges andexpensesnottqexceed)5%<>f thetotalbt'idget.
G) Cost Overruns. During the execution·of work pnaProject,<the;Recipieht may undthatactilal
Project costs exceedtheapproved budget: Fdrcost overruns th~tWil1 tequireadditional fllndingJot
the Project, or otherwise require a budgetad.justment. for which prior Bpardapproval is required
pursua.ntto paragraph E above, the RecipientshaIl:
. . ~ .
1) Provide a justification fOr the additionaLcosts;
2), Identify available funds for the completion oftheJ?roject;. ahd,ifnecessary
3) . Request from. the· Board a· change or revision in thePfoJect scope consistent with the
terms ofthe Ordinance.
The Board, at its . discretion; . may authorize in writing. a change or revision in the scope of the·
Project: (i)whete cbange orl'evi~ioIi of the scope isconsisterttwitkthe Ordinance; and (ii) where
the· change or revision· is justified by the Recipient; ,and (iii) whefethe Recipient does not have
sufficient ftlllds tdcoxnI>lete the Project With theava.ilablefunds. Under those ch'curristances j the
Board, in its sole discretion, mayidenti[y other funds ttvrulableunderthe Ordinance for the Project.
SECTION 2. COMPLIANCE R.ESPON8iBILI1'IES
Thefollowing constitute generalrequirernents for prograxncompliance:
. A) An annual jndependentaudirof the Building Better ConunurtiHes Gelleral Obligation BoM
funds must be submitted by all Recipients .to 'the County Manager's Office no later than six
months after the close of the Recipient's fiscal year for which a Funding. Allocation: WaS
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received and each year thereafter until ProjeCt completion. The auditreportmustinclude the
FundStunmary Status Report, Exhibit 1. The auditmustbe performed, by certified independent
auditors andihclude the follewing:
1) Test for compliance with the Grant Agreement or Iilterlocal Agreement, as the case may be,
Miami-Dade County Ordinance NO'. 05-47; applicable resolutiens and the Building Better
Communities General ObligatiOtiBond Administratiye Rules.
2) 'fest to vetifycompliance withadvilncet¢quirements.
3) SuffiCient tests, llsdetern)ined by the indepenqerttiluditor to verify tmeand accurate
reflection of Project expenditures.
4) Tests toyerifyexpenditure ofrequirdlmatchdoUars, ..
5) Verification Of the FundSumi:naryStatus Report. .
B}Latidand facilities acquired, developed, improved or rehabilitated by Fundi.ng Allocation shan
. be. dedicated 'and maintained in perpetuity for the use andbenefitofthegeneralpublic except
where leases afe in effect Any land" ffldHties,or eqtilpmentacqulred 'wlth BuildtngBetter
Communities General Obligation B ond 'funds may notbe sdldortransferred without the written
consent o{tMCouhtyand rnaytequite aQ equitablereirrtbursetnehtof. bOhd funding hasedol1
residual value. AU projects .shall be. open to thepubHc atreasonable times and shallbe managed
ina,safeandatu'llctivema.uner appropriate fotptibIicllse;
C) FrHtding Allocation fOfrhe ptitpO'ses ofd¢\'eloproeilt,itnprovement, rehabilitation otrestotation
shall be expendedfol' theseipurposes only ,on Iandsowned'byaRecipientor on lands forwhich
the·Redpfent holds. alease otoiheruse' agteemetJt.SUchJeaSeQf othertise agteertlefit'IIlustbe
for an unexpired . minimum term of 25 yel;lrs. . The Funding Allocation . Recipient may
demoristrate the eIigibUity of' t4ePtoject to the l'easonablesatisfaction ofthe13oard, through a
joititdwnetship,use, franchise Of other agreement; evidencing that the lands 'and/or the Project
wiIlbeutilizedfotthe publi~ benefit. consistent with the' tetms,o£ 1his OrdifHlrice~ fora temtof
at ieast25 yearsinduration. TheJease mustnotberevocableatwill .
. DJ Recipient shall maintain, all. financial and programmatic records; supporting. documents and
other records pertinent to tJ1e Fundtng Allocation for aperi'od: of three. years from the star~ihg
date defined below. If any litigation, claim, negotiation, audit or other action involving· the
:records Jias. heensraii:ed befotethe eX'pifatioll of the three year' periOd. the ,records must he
retained until completion of the'aciion.and.,r¢.solutioI1,of ,all issues which arise from it, or until
the end ofthe'regularthteeyea.i pedod. whichevetis later. When Funding Allbcationsiipport is,
contirlUed or renewed. at annuaL or other intervals, the retention period fOl"'the records of each
fUhding period starts on the day the' Recipient 'Sllbiliits to the County its Single Of last
expenditure, reportforth~t peri()d. In allothe(cases,the retention :period starts on the day the
ReCipient submitSits final expenditure report. .
E) The Board and the County; orariy ·of their authorized representatives, shall have the tight of
access to any pertinent books,documents,papers or other recotdsof the W~cipienLin order to
make audits, examinations; excerpts and transcripts.
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()ffice'of the Miami;'DadeCourityInspedorOeneral (IG) (MDe Code Section2~1076) sha11
have .the auth.Qtity· andpowertol."evieW past, presen.tand. proposed County programs, accounts,
records, contracfsand transactions. The 10 shall have the power to sUbpoena witnesses,
administer oaths and ,requite the production of records. Upon ten (10) days: writtentrotice to the
Recipicntfrortl IG. the Recipient shall m8.k:eall requested records' arid docuruentsavaHable to
·the IGJorinspection an.d. copyin.g. The IGshall have tbe power torepQrt andlor recommend to
theBciardwhetfierapalticiIlarproject}progtarii, contra.Ct()rtransacticiri is or was nec:essaryand,
jfdeemednecessary ;whethettl1ertlethod Usedf()r)mplemenpng theprojectol," program is or
w::iseffi¢ierit bothfiriariCi::illy and operationally. Monitoring of an existirtgproject orptogram
inay include reporting whethet the project is on tirtle, WithitihUdget and in conformity with
JJlans.specifications, .alid applicable law. The.IG shall haVe the powet tcianalyze the need for,
alldreasona.blenessof, proposed ·chattgeorders. . .
The IGmay; onarandombasis;perfo~1raudit& on all County contracts fhroughout the duration
Q[said coritract (hereinafter "random auditsU).This tandom audit is sepatate ~nddistiiict from
anyotlierauditbythe County. To pay forthe functions oftne Office of the Inspector<GenenlI, '
allY and all payments to bemaclelo the Redpi~n.ttitideithedranLAgreem:ent.wlll be assessed
,one quarter' of one percent of the lotalamouni of the payment, to be deducted from each
progre,sspaymelltas the sa.me becomes due unless, as stated in .tlleCode 01' the Qrant
. Agreement, the Project is federa.llyor Btate funded and ,federal or .state law or regulations
preclude· such acharge;Tlie Recipient shall in stating its.,agteedprices . be mindful of thjs
,assessment.
Tile 10 shall have the power tOtetain aiidc()ordiiiate the serVices of an independent'private
sector inspector.genera.1;(IPSld) whomaybe.engagedJQpetformsa,iq:tan<lom audits~·as.well,as
audit, inVestigate,JIl.onit6i\oversee, inspect, arid review the operations; activities arid
perfo~manceandprocure,rnt!nt .process including, .but '.pptlimited to,ptoject design,
establishment. '6fbidspecificaticins, bid subfuittals. aCtivities cif the c()ritractcir~ its officers,
agents <ll1d 'employees. lobbyists j . County staff and electedoffid~s 1u or:der t{) ensure
cOmp!htnct? With con.tracUpecifications anddet6ct comrptionand fraud.
'F) If a Recipient ma.tenallyrailsto comply with anY term of an awardl the Bo'atclQf the County
. Manager may take one or more of the followillg actions;a;sapproptiilte,in the circulllstances:
1) Temporarily wi~hpld caslJ: payments pendillg correqtHm of th¢deflciency by the Recipient;
2) DisaIlow'allorpartof the cost oithe activity 01"actlOllnot incotnpliance~
3) Wholly or partly suspend or terminate the cutrent award for the Recipielli's project;
4) Withhold furthetFundlng.Allocation awal'ds from the ReCipient; pr
5} Take other remedies that may be legally-aVailable.
G) Any of' the enforcement actions listed in para;graph F'abCive, taken by the County-Manager,
'which are contested and unresolved between the Recipient and th~ County within thirty days of
such aCtion, will i'esultiUthe13oardptoviUiug the Reclpieht with a.n opportunity to b.e heard on
the issue. Said hearing wiIIoccur within. sixty days of the .13oardreceivihg the Recipient's
written requeSt. Staff .will tecommend appropriate action to the Board.
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11) Costs to Reclpienttesulting from obligations incurred by the Recipient during asuspcnsion or
after termination of an award are not eligible for. reimbursement unless the County Manager
expressly.autllotizes them ill. the notice df suspension or terinination or sUbsequently· authorizes
reimbursement in writing; Other costs incurred by· the Recipient· during. sllspensionor after
terminationwhichatenecessaty arid hot reasonably avoidable are eligible for reimbursement if:
1) The costs result from obligations which wereptoperly incurred by the Recipient before the
effective date of suspension or terinination,were notinanticipation ont, and in thecas.e ofa
termination, arenon-cartcelable;and
2) The costs would be eligible for reitnbutsemellt if theawatdWas hot suspended or if the
awardexpited normally at the end of the funding period 'in which the terrnination takes
effect .
1) Inspections. StaffoftheBoard ortheCouilW. orboth,slutli peI"iodjcallyirtspecteach Projectto
ensut~ complia.nce Withtllese tules, theOrdii1a.nce,. and the Grant Agreement or Intetlocal
Agreement; <as the case may' be. Staff: shallperfotil:Iat:iinspectionof the Project site toertsure
compliance Pr!Oi"tQ release o:fthe flrtai FtfudirigAllocation payment.
ltecipients are requIted to submit the' ProJect Status:.Reportiiolatetthai1 monthly (ExhibitE),in'ilie
fdm1i:it stipulated by the. County:Manager; Additional reports that shall·be: due upon requ~st of the
County Managermay lImlucie, but atefiotHmiteato~
A) A.ctual.accomplishmentsofeach f?unding Allo.canot1;:
B) Problems encounteredinilnpiementatidIiofeach Fundii:i!~ AI1QcatioI1;,aria
C) Anticipatedstartandlor;completio~r datesofeaclt Ftli1d.ing Atlocatkm ..
Recipient rriaybe required to meet withll1e Board to discuss the Project . .
SECTION4. PROJECl'CL()SE .. ()UT
A) A Recipient· has up to forty~five 'C4S)d~y!) after the cx,pirationot tetn1inatidn o:f the Funding
A.I1 0 cati<m 10. submit all final documentation including final reImbursement requests and project
completion certificates.
B) The close-out of.a Fundirig Alloc atiOl1 does Ilotaffect:
1) The County'srigbt to disallow costsartd. i'ec()verfunds·onthe basis ofa later audit or review;
2) The ReCipienfS obligation to retumanyfunds due asa result of1aterrefunds. correctiot'is or
other transactibhs; .
3) Records retention responsibiHties SeffQrth above;
4) Continuing responsibilities setforlh in the Ordinance and these rules; and
5) Audit rights setforthln theserules.-. . .
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I C) Any amounts paid to ReCipient in excess of the amount to which the Recipient is finally
determined to beentitledundet the terms of the GrantAgreement or Interlocal Agreement, as
the case maybe, constitute a debt to the County., Ifnot paid within a reasonable period aftet
demand,the County may reduce the debt by:
1) Mllicingan administrative offset against othenequests for reimbursement;
2) Withholding paymehts,otherwisedueto the Recipient; or·
3) Taking other action provided by law,
Any overduedebtof the Recipient shall accrueinterest at the maximum rate allowed bylaw .
SECTION 5. INTERPRETA11:0N; ADJ.VQ:NIST,RATION
Theseadniinislralive· ri.ileshavebeen pto:mlligatedunder theOtdiriaflce. In the· everiUjfa cOllflitt
between these rIles and the provisions offhe Ordinance; the Ordinance'sha:llprevail.
The County Mallager shall be autllOrized'toiIlterpretthe provisions o:ftheseadministrative rules,and
their intelpret4tiOn of any matters ,governed hereby shaU.be'final arid may orily be overtu:ttled by:a
majority vote of the Boatd. Th~ CountyMartager shaIlsubmitre90mmendittions amending these
adniirtistrativel'ulestotM Board, whiCh may appt()\ieor rejec.t siichrecommendaUoIis by majority
vote;
The County Manager shall be 'authorized and required to ,administer the Building Better
Comtnu:tiitiesOeneral Obligation Bond Ptogtam,cQnsisten.t. wIth: the Qttlinance and these
administrative rules.
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