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01-08-08 Item 8
South Miami All- AmericaCfy CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM 2001 To: The Honorable Mayor & Members of the City Commission Via: Yvonne S. McKinley, City Manager From: Carol M. Aubrun, l� Grants Writer and Administrator Date: January 8, 2008 Agenda Item No.: Subject: Historic Preservation Fund Grant Application Request: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO SUBMIT FUNDING APPLICATION FOR MIAMI -DADE COUNTY'S GENERAL OBLIGATION BOND (GOB) PROGRAM'S HISTORIC PRESERVATION FUND IN THE AMOUNT OF .$150,000.00; AND COMMITTING TO THE REQUIRED MATCH AMOUNT OF $75,000.00; AND PROVIDING FOR AN EFFECTIVE DATE. Request: Authorizing the City Manager to submit funding application for Miami -Dade County's General Obligation Bond (GOB) Program's Historic Preservation Fund. Reason/Need: The City of South Miami intends to apply for a grant in the amount of $150,000.00 from Miami -Dade County's GOB Program to revitalize, restore and safeguard the Sylva Martin Historic Building. Match requirement for the project is 1:2. The attached resolution will allow for the City Manager to submit funding application for funding. Cost: Match requirement of $75,000.00. Funding Source: Miami -Dade County's GOB - Historic Preservation Fund Backup Documentation: ❑ Proposed Resolution ❑ Historic Preservation Fund (HPF) Guidelines and Application Forms FY 2007 -2008 ❑ Ordinance No. 5 -89 -1418 (Historic Designation of Sylva Martin Bldg.) RESOLUTION NO.: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO SUBMIT FUNDING APPLICATION FOR MIAMI -DADE COUNTY'S GENERAL OBLIGATION BOND (GOB) PROGRAM'S HISTORIC PRESERVATION FUND IN THE AMOUNT OF $150,000.00; AND COMMITTING TO THE REQUIRED MATCH AMOUNT OF $75,000.00; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Mayor and the City Commission desire to apply for the Miami -Dade County's General Obligation Bond (GOB) Program's Historic Preservation Fund; and WHEREAS, the Mayor and City Commission wish to commit matching funds in the amount of $75,000.00 from the City's Grants' Match Account Fund; and WHEREAS, the grant will be used for the restoration of the City's Sylva Martin Building, which was designated as a historic site under the adoption of Ordinance No. 5 -89 -1418. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1: The City Commission authorizes the City Manager to submit funding application for Miami -Dade County's General Obligation (GOB) Program's Historic Preservation Fund for the purpose of restoring the Sylva Martin Historic Building. Section 2: The City Commission authorizes the City Manager to commit to the required match in the amount of and not to exceed $75,000.00. Section 3: The attached exhibit is incorporate by reference into this resolution. PASSED AND ADOPTED this ATTEST: CITY CLERK READ AND APPROVED AS TO FORM CITY ATTORNEY Include File Name and Path day of 2008 APPROVED: MAYOR COMMISSION VOTE: Mayor Feliu: Vice Mayor Wiscombe: Commissioner Palmer: Commissioner Birts: Commissioner Beckman: SECTION 1.0 MIAMI -DADE COUNTY BUILDING BETTER COMMUNITIES GENERAL OBLIGATION BOND PROGRAM BUILDING "111�4DE BETTER = C�7�MU�fT�ES www miamidade.govibuild HISTORIC - PRESERVATION FUND (HPF) GUIDELINES AND APPLICATION FORMS FY 2007 -2008 GUIDELINES AND APPLICATIONS AVAILABLE NOVEMBER 1, 2007 DATE: DECEMBER 10, 2007 FROM 9 :00 A.M. —11 :00 A.M. PRE - SUBMITTAL CONFERENCE LOCATION: VIZCAYA VILLAGE, 3250 S. MIAME AVENUE PARKING: WEST SIDE OF SOUTH MIAMI AVENUE OPPOSITE VIZCAYA'S MAIN ENTRANCE DEADLINE FOR RECEIPT OF WRITTEN QUESTIONS DECEMBER 17, 2007 APPLICATION DEADLINE ORIGINAL AND 11 COPIES DUE) JANUARY 16, 2008 BY 2:00 P.M. *** PLEASE READ ALL MATERIALS CAREFULLY * ** ISSUING DEPARTMENT: MIAMI -DADE COUNTY, OFFICE OF CAPITAL IMPROVEMENTS CONTACT PERSON: JOSE A. GALAN, CHIEF OF PROGRAM LEGISLATION MIAMI -DADE COUNTY OFFICE OF CAPITAL IMPROVEMENTS (305) 375 -2724 - galani(ftiamidade.gov MIAMI -DADE COUNTY RESERVES THE RIGHT TO REVISE INFORMATION PUBLISHED IN THESE GUIDELINES AND APPLICATION FORM. Submit a complete original application package and required 11 copies between January 9.2008 and January 15, 2008 by 2:00 PM to: Miami -Dade County Office of the Clerk of the Board of County Commissioners Stephen P. Clark Center 111' NW 1st Street, RM 17 -202 Miami, Florida 33128 RPF HPF0708 Section 11 - Guidelines Page i of 20 September 2007 f PROPOSALS WILL BE OPENED PROMPTLY AT THE TIME AND PLACE SPECIFIED PROPOSALS RECEIVED AFTER THE FIRST PROPOSAL HAS BEEN OPENED WILL NOT BE ACCEPTED OR OPENED AND WILL NOT BE CONSIDERED. THE RESPONSIBILITY FOF SUBMITTING A PROPOSAL TO THE CLERK OF THE BOARD ON OR BEFORE THE STATE[ TIME AND DATE 15 SOLELY AND STRICTLY THE RESPONSIBILITY OF THE PROPOSER MIAMI -DADE COUNTY IS NOT RESPONSIBLE FOR DELAYS CAUSED BY ANY MAIL, PACKAGE OR COURIER SERVICE, INCLUDING THE U.S. MAIL, OR CAUSED BY ANY OTHER OCCURANCE. M1AM1 -DADE COUNTY 1S AN EQUAL OPPORTUNITY EMPLOYER AND DOES NOT DISCRIMINATE BASED ON AGE, GENDER, RACE OR DISABILITY. MIAMI -DADE COUNTY BUILDING BETTER COMMUNITIES GENERAL OBLIGATION BOND PROGRAM HISTORIC PRESERVATION FUND (HPF) TABLE OF CONTENTS SECTIONS SECTION 1.0 Historic Preservation Fund Guidelines . SECTION 2.0 Application SECTION 3.0 Universal Affidavit SECTION 4.0 Historic Preservation Fund Grant/Interlocal Application Checklist SECTION 5.0 Affidavits General Information Attachment 1 Affidavit of Miami -Dade County Lobbyist Registration for Oral Presentation Attachment 2Acknowledgment of Addenda Attachment 3 Disability Non - Discrimination Affidavit Attachment 4 Local Preference Information Attachment 5 Applicant's Disclosure of Subcontractors and Suppliers Attachment 6Affirmative Action Plan Exemption Affidavit Attachment 7 Affirmative Action Plan /Procurement Policy Affidavit Attachment 8 Domestic Violence Leave Affidavit Attachment 9 Code of Business Ethics RFP 0708 Guidelines Page 2 of 20 September 2007 SECTION 6.0 Exhibits 6.1 Miami -Dade County Grant Agreement 6.2 Miami Dade County Interlocal Agreement 6.3 Building Better Communities General Obligation Bond Program Administrative Rules SECTION 1.0 GUIDELINES 1.1 DEFINITIONS Please see Exhibits— Section 6 Building Better Communities General Obligation Bond Program Administrative Rules 1.2 RFP OVERVIEW Miami -Dade County is soliciting applications for funding assistance from the Building Better Communities General Obligation Bond Program (the "BBC GOB Program") GOB Project Number 293 -70554 Historic Preservation Fund (the "Fund "). The Fund Is a component of the multi -year BBC GOB Program established by Ordinance No. 05-47 during which $10 million will be awarded to eligible recipients. A minimum of $350,000 will be awarded to eligible recipients through this application process. The purpose of the Fund is to establish a facilities preservation fund, through-the Office of Historic Preservation ( "OHP ") that will provide matching funds through grants in Miami -Dade County to municipalities, Florida Non- profit 501(c)(3), Florida for profit corporations or recognized business entities and property owners of residences or commercial historic properties for the rehabilitation of historic structures and sites and to safeguard those historic properties considered endangered. The program is geared to make an impact in the revitalization of historic buildings. OHP will be the. responsible entity to ensure compliance with County rules and work with the recipient entities to assist them in accomplishing their projects. This solicitation is intended to provide the County with a list of applicants that have eligible projects, have funds available for historic preservation, are interested in accessing funds from the Fund and to determine which eligible applicants will receive grants. The maximum award ceilings, based on market value as determined by the County's Property Appraiser, are: $100,000 for properties valued under $400,000; $150,000 for properties valued between $400,000 and $700,000; and $250,000 for properties valued over $700,000. Please see Section 1.30 (Program Objective) for additional information on the Building Better Communities General Obligation Bond Program Historic Preservation Fund. 1.3 RFP TIMETABLE DATE TASK/ACTIVITY Novebmer 1, 2007 Grant/lnterlocal Applications Available after 1:00 m December 10, 2007 Pre - Submittal Conference 9-11 m December 17, 2007 Deadline for Receipt of Written Questions January 15, 2008 Application Deadline B 2:00 P.M. February 2008 Project Review Committee Meetings February 2008 Present Review Committee Recommendations to the Mayor March 2008 Mayor Recommendations /Announcement March 2008 Citizens Advisory Committee & Board of County Commissioners Committee —April 2008 Board of County Commissioners Full Me2!Lng and Contract Award RFP 0708 Guidelines Page 3 of 20 September 2007 For general information please contact: Jose A. Galan, Chief of Program Legislation Office of Capital Improvements 111 NW 18t Street. Suite 2130 Tel. (305) 375 -2724 Fax: (306) 372 -6130 galanj @miamidade.gov ♦ Persons who are hearing impaired may request an interpreter through the above contact person by giving seven (7) work days written notice prior to the scheduled meeting. All applicants may obtain a copy of the RFP Number HPF0708 from the Office of Capital Improvements (OCI). These application forms are also available and provided by request via WlnZip File Formal. This version of the application forms may be accessed by visiting: hftpJlwww.miami- dade.gov /build. The forms are provided in electronic format to facilitate completion of the application. The application mY not be submitted electronically. Prepare and submit an original application, 11 copies, and support materials as stipulated in the NFP guidelines. Applicants who obtain copies of this grantlinterlocal application form from sources other than the County's Office of Capital Improvement's website risk the potential of not receiving addenda, since their names will not be included on the list of firms participating in the process for this particular application process. Such applicants are solely responsible for those risks. (see Section 1.10 Additional Information /Addenda) 1.6 DEADLINE An original and 11 copies of the application and ail required support materials must be received In the Office of the Clerk of the Board, located at 911 NW 1ST Street, RM 17 -202, between January 9, 2008 and January 15, 2008 by 2:00 PM. APPLICATION • All applications must be submitted on 81/2" X 11" paper, neatly typed on one side only, with normal margins, and spacing. The original document package must not be bound and the document package copies should be individually bound. Use tabs to reflect the Section 4.0 checklist items. An unbound one -sided original and 11 bound copies (a total of 12) of the co_ molete application must be received by the Application Deadline specified in the Timetable (see Section 1.3 RFP Timetable). The original, all copies, must be submitted in a sealed envelope or container stating on the outside the applicant's name, address, telephone number, the RFP Number, the RFP Title, and Application Deadline Date to: Clerk of the Board Stephen P. Clark Center 111 NW 1st Street, 17th Floor, Suite 202 Miami, FL 33128 -1983 Hand - carried application packages may be delivered to'the above address only between the hours of 9:00 a.m. to 4:00 p.m., Monday through Friday (However, please note that application packages are due at the Clerk of the Board on the date and at the time indicated-in Section 1.39 (Application instructions). Additionally, the Clerk of the Board is closed on holidays observed by the County). Applicants are responsible for informing any commercial delivery service, if used, of all delivery requirements and for ensuring that the required address information appears on the outer wrapper or envelope used by such service. RFP 0708 Guidelines Page 4 of 20 September 2007 The application must be signed by the applicant or an authorized officer of the applicant who is legally authorized to enter into a contractual relationship in the name of the applicant. The submittal of an application by an applicant will be considered by the County as constituting a response by the applicant to use the grant proceeds in the manner described in the application. PRE-SUBMITTAL One pre - submittal conferences has been scheduled for December 10, 2007, at the location and time specified on the cover. Attendance is recommended but not mandatory. Applicants are requested to Inform the. Contracting Officer of the number of persons expected to attend no later than 24 hours before the scheduled date. Applicants are encouraged to submit any questions in writing to the Contracting Officer (see Section 1.3 RFP Timetable) in advance of the pre - submittal conference. Attendance is recommended but not mandatory. If you need a sign language interpreter or materials in accessible format for this event please call the DPM ADA Coordinator at (305) 375 -1564 at least five days in advance. • CONE OF Pursuant to Section 2- 11.1(t) of the Miami -Dade County Code, as amended, a "Cone of Silence° is imposed upon each RFP or RFQ after advertisement and terminates at the time the Mayor or his designee issues a written recommendation to the Board of County Commissioners. The Cone of Silence prohibits any communication regarding a particular RFP, RFQ or bid between: • a potential applicant, service provider, bidder, lobbyist or consultant and the County's professional staff. The professional staff includes, but is not limited to, the Mayor and his or her staff. a potential applicant, service provider, bidder, lobbyist or consultant, the Mayor, County Commissioners or their respective staffs. the Mayor, County Commissioners or their respective staffs and any member of the County's professional staff including, but no limited to, the Mayor and his or her staff. • a potential applicant, service provider, bidder, lobbyist, or consultant and any member of the selection committee therefore. • . the Mayor, County Commissioners or their respective staffs and any. member of the selection committee therefore. • any member of the County's professional staff and any member of the selection committee therefore. Unless specifically provided otherwise in the applicable RFP, RFQ or bid documents, the Cone of Silence does not apply to the following: • Competitive processes for award of CDBG. HOME, SHIP and Surtax Funds administered by the Miami -Dade County Office of Community and Economic Development. • Communications with the Office of the County Attorney and his or her staff. • . Communications between a potential applicant, service provider, bidder, consultant or lobbyist and employees of the Management and Technical Assistance Unit of the Department of Business Developments (DBD) regarding small and/or minority business programs, the Community Business Enterprise and Equitable Distribution Programs. • Communications between a potential applicant, service provider, bidder, consultant or lobbyist and employees responsible for administering disadvantaged business enterprise programs in County departments receiving federal funds, provided the communications are limited strictly to matters of programmatic process procedures. • Duly noticed site visits to determine the competency of applicants during the period between bid opening and issuance of the Mayor's written recommendation. RFP 0708 Guidelines Page 5 of 20 September 2007 • Any emergency procurement of goods and services pursuant of Administrative Order 3 -2 and 3- '16. • Communications regarding a particular RFP, RFQ or bid between any persons and the County's Vendor information Center staff, the procurement agent or contracting officer responsible for administering the procurement process for such RFP, RFQ or bid, provided the communication is . limited strictly to matters of process or procedure already contained in the corresponding solicitation documents. • Oral communications at pre -bid conferences. Oral presentations beforepublicly noticed selection committee meetings. • Contract negotiations during any duty notices public meeting. • Public presentations before the Board of County Commissioners during any duly noticed public meeting. • Communications in writing at any time with any County employee, official or member of the Board of County Commissioners unless specifically prohibited by the applicable RFP, RFQ or bid document. • Communications between the Mayor or his designee and the Chairperson of the Selection Committee about a particular Selection Committee recommendation, only after the committee has submitted an award recommendation to the Manager and provided that should any change occur in the committee recommendation, the content of the communication and of the corresponding change shall be described in writing and filed by the Manager with the Clerk of the Board and be included in any recommendation memorandum submitted by the Manager to the Board of County Commissioners. When the Cone of Silence is in effect, all potential applicants, vendors, service providers, bidders, lobbyists and consultants shall file a copy of any correspondence concerning the particular RFP, RFQ or bid with the Clerk of the Board, which shall be made available to any person upon request. The County shall respond in writing Cif County deems a response necessary) and file a copy with the Clerk of the Board, which shall be made available to any person upon request. Written communications may be in the form of e-mail, with a copy to the Clerk of the Board at CLERKBCCfa-MIAMIDADE.GOV. In addition to any other penalties provided by law, violation of the Cone of Silence by any Applicant shall render any RFP award or RFQ award voidable. Any person having personal knowledge of a violation of these provisions shall report such violation to the State Att orney and/or may file a complaint with the Miami -Dade County Commission on Ethics and Public Trust. Applicants should reference Section 2- 11.1(t) of the Miami - Dade County Code for further clarification. This language Is only a summary of the key provisions of the Cone of Silence. Please review Miami -Dade County Administrative Order 3-27 for a complete and thorough description of the Cone of Silence. All Applicants will be notified when the Mayor or designee makes an award recommendation. The Contracting Officer is: Name and Title: Jose A. Galan, Chief of Program Legislation Name of Agency: Miami -Dade County Office of Capital Improvements Address: 111 NW 1'd Street, Suite 2130 Telephone: (305) 375 -2724 Fax: (305) 372 -6130 E -mail: galanj @miamidade.gov RFP 0708 Guldethes Page 6 of 20 September 2007 I ADDITIONAL 1NFORMATIONIADDF_NDt Requests for additional information or clarifications must be made in writing and received by the County's Contracting Officer, in accordance with Section 1.9 (Cone of Silence) above, no later than the deadline for . receipt of questions specified in the Timetable (see Section 1.3 RFP Timetable). The request must contain the application process title, applicant's name, name of applicant's contact person, address, phone number, and facsimile number. Electronic facsimile requesting additional information will be received by the Contracting Officer at the fax number specified in Section 1.9 (Cone of Silence) above. Facsimiles must have a cover sheet which includes, at a minimum, the applicant's name, name of applicant's contact person, address, number of pages transmitted, phone number, facsimile number, and application process title. The County will issue responses to inquiries and any other corrections or amendments it deems necessary in written addenda issued prior to the Application Deadline. Applicants should not rely on any representations, statements or explanations other than those made in this application form or in any written addendum to this application form. Where there appears to be conflict between this application form and any addenda issued, the last addendum issued shall prevail. it is the applicant's responsibility to assure receipt of all addenda. The applicant should verify with the Contracting Officer prior to submitting an application package that all addenda have been received. Applicants are required to acknowledge the number of addenda received as part of their application (see Attachment 2). Applicants who obtain copies of this grantlinterlocal application form from sources other than the County's Office of Capital Improvement's website risk the potential of not receiving addenda, since their names will not be included on the list of firms participating in the process for this particular application process. Such applicants are solely responsible for those risks. 1.11 MODIFIED APPLICATIONS I -An applicant. may submit a. modified application package to replace.all or any portion_of.a.previously. submitted. application package up until the Application Deadline. Modifications received after the Application Deadline are late and will not be considered. The Project Review Committee will only consider the latest version of the application. 1.12 WITHDRAWAL OF APPLICATIONS An application may be withdrawn in writing only, addressed to the County contact person (in accordance with Section 1.4 Program Contact), prior to Contract Award. 1.13 LATE APPLICATION SUBMITTALS Please be advised that the County, in exercise of its discretion, may not accept application packages received after the scheduled time and date noted in this application form. Sealed application packages will be opened promptly at the time and place specified. The responsibility for submitting an application on or before the stated time and date is solely and strictly the responsibility of the applicant. Miami -Dade County are not responsible for delays caused by any mail, package or courier service, including the U.S. Mail, or caused by any other occurrence. RFP 0708 Guidelines Page 7 of 20 September 2007 POSTPONEMENTICANCELLATION The County may, at its sole and absolute discretion, reject any and all, or parts of any and all applications; re- advertise this request for applications; postpone or cancel, at any time, this application process; or waive any irregularities in this application form or in the application packages received as a result of the application process. 1.15 COST 11 CU1N:,as]y' /1 \JF>aiy_\ ` 1 All expenses involved with the preparation and submission of applications to the County, or any work performed in connection therewith, shall be bome by the applicant(s). No payment will be made for any application packages received, nor for any other effort required of or made by the applicant(s) prior to commencement of work as defined by a contract executed by County. �1.16 BUSINESS ENTITY REGISTRATION To be recommended for award the County requires that vendors complete a Miami -Dade County Business Entity Registration Application with all required disclosure affidavits. The Miami -Dade County Business Entity Registration Application must be returned to the Department of Procurement Management (DPM), Purchasing Division within fourteen (14) days of notification of the intent to recommend for award. In the event the Miami - Dade County Business Entity Registration Application is not properly completed and returned within the specified time, the County may award to the next ranked applicant. The recommended applicant is responsible for obtaining the Miami -Dade County Business Entity Registration Application and all affidavits by downloading from DPM's website at hfp: / /mian-idade.goy and click on "Business" or from the Vendor Assistance Unit at 111 N.W. 1st Street, Miami, FL. In becoming a Registered Vendor with Miami -Dade County, the vendor confirms its knowledge of and commitment to comply with the following: 1. Disclosure of Employment — pursuant to Section 2- 8.1(d) of the County Code. 2. Disclosure of Ownership Affidavit — pursuant to Section 2- 8.1(d) of the County Code. 3. Drug -Free Affidavit — pursuant to Section 2- 8.1.2(b) of the County Code. 4. W -9 and 8109 Forms —The vendor must furnish these forms as required by the Internal Revenue Service. 5. Social Security Number — The vendor must provide a copy of the primary owner's social security card if the social security number is being used in lieu of the Federal Identification Number (F.E.I.N.). .6. Americans with Disabilities Act (A.D.A.) Affidavit — It is the policy of the County to comply with all requirements of County Resolution R182 -00 and the A.D.A. 7. Collection of Fees, Taxes and Parking Tickets Affidavit -- pursuant to Section 2 -8.1 (c) of the County Code. 8. Conflict of Interest and Code of Ethics — pursuant to Sections 2- 8.1(1) and 2- 11.1(b) (1) through (6) and (9) of the County Code and County Ordinance No. 00 -1 amending Section 2- 11.1(c) of the County Code. 9. Code of Business Ethics —pursuant to Section 2- 8.1(i) of the County Code. 10. Debarment Disclosure Affidavit — pursuant to County Code 10-38. 11. Office of the Inspector General Pursuant to Section 2 -1076 of the County Code. 12. Minority and Disadvantaged Business Enterprises. The County endeavors to obtain the participation of all minority and disadvantaged business enterprises pursuant to Sections 2 -8.2, 2 -8.2.3 and 2 -8.2.4 of the County Code and Title 49 of the Code of Federal Regulations. 13. Individuals and Entities Doing Business with the County not current in their obligations to the County — pursuant to Sections 2 -8.1 (h) and 2- 11.1(b)(8) of the County Code. 14. Nondiscrimination pursuant to RFP 2 -8.1.5 of the County Code. 15. Family Leave - Pursuant to Section 11A -30 of the County Code. 16. Living Wage — Pursuant to Section 2 -8.9 of the County Code. 17. Domestic Leave — Pursuant to Section 11A -60 of the County Code. 18. Antitrust Laws — By acceptance of any contract, the vendor agrees to comply with all antitrust Laws of the United States and the State of Florida. RFP 0708 Guidelines Page 8 of 20 September 2007 With the certain enumerated exceptions, Section 2 -11.1 (d) of Miami -Dade County Code as amended prohibits any County employee or any member of the employee's immediate family from entering into any contract or transacting any business through a firm, corporation, partnership or business entity in which the employee or any member of the employee's immediate family has a controlling financial interest, direct or indirect, with Miami -Dade County or any person or agency acting for Miami -Dade County. To qualify for an exception under Section 2 -11.1 (d), a County Employee, or any member of the employee's immediate family, must request a conflict of interest opinion from the County's Commissions on Ethics prior to submittal of a bid, proposal or application of any type to enter into a contract with the County. Any contract, agreement or business engagement entered in violation of this subsection, shall render the transaction voidable. For additional information, please refer to Section 2 -11.1 Miami -Dade County as amended and /or contact the Miami -Dade County Commission on Ethics and Public Trust at (305) 579 -2594. ORAL PRESENTATIONS The County may require applicants to give oral presentations in support of their applications or to exhibit or otherwise demonstrate the information contained therein. If required, the presentations will occur during the evaluation and review process conducted on the date indicated in the Timetable (see Section 1.3 RFP Timetable). x1.18 APPLICANT REGISTRATION AFFIDAVI i Applicants are advised that in accordance with Section 2- 11.1(s) of the Code of Miami -Dade County, the attached Affidavit of Miami -Dade County Lobbyist Registration for Oral Presentation (see Attachment 1) must be completed, notarized and included with the submission. Any person who appears as a representative for an individual or firm for an oral presentation before a County certification, evaluation, selection, technical review or similar committee must be listed on this Affidavit provided by the County. The Affidavit shall be filed with the Clerk of the Board at the time the application package is submitted. The individual or firm must submit a revised Affidavit for additional team members added after submittal of the application package with the Clerk of the Board at least two days prior to the oral presentation. Any person not listed on the. revised affidavit may not participate in the oral presentation. NOTE: Other than for the Oral Presentations, applicants who wish to address the County Commission, a County Board or Committee concerning any actions, decisions or recommendations of County personnel regarding this application process in accordance with Section 2- 11.1(a) of the Code of Miami -Dade County must register with the Clerk of the Board and pay all applicable fees. 1.19 PROPRIETARY /CONFIDENTIAL INFORMATION 1111101111111111111 i Applicants are hereby notified that all information submitted as part of, or in support of, its application will be available for public inspection after opening of application packages, in compliance with Chapter 119, Florida Statutes, popularly known as the "Public Record Law." The applicant shall not submit any information in response to this request for applications, which the applicant considers to be a trade secret, proprietary or confidential. The submission of any information to the County in connection with this solicitation shall be deemed conclusively to be a waiver of any trade secret or other protection, which would otherwise be available to applicant. In the event that the applicant submits Information to the County in violation of this restriction, either inadvertently or Intentionally, and clearly Identifies that information in the application package as protected or confidential, the County shall endeavor to redact and return that Information to the applicant as quickly as possible, and if appropriate, evaluate the balance of the application package. The redaction or return of information pursuant to this clause may render an applicant non - responsive. RFP 0708 Guidelines Page 9 of 20 September 2007 NEGOTIATIONS The County may award a contract on the basis of initial offers received, without discussions. Therefore, each initial offer should contain the Proposer's best terms from a technical standpoint. The County reserves the right to enter into contract negotiations with the recommended Proposer. If the County and the recommended Proposer cannot negotiate a successful contract, the County may teminate said negotiations and begin negotiations with another recommended Proposer. This process will continue until a contract acceptable to the County has.been executed or all proposals are rejected. No Proposer shall have any rights against the County arising from such negotiations or termination thereof. The applicant shall comply with all laws, ordinances and regulations applicable to the services contemplated herein, especially those applicable to conflict of interest and collusion: Applicants are presumed to be familiar with all Federal, State and local laws, ordinances, codes, rules and regulations that may in any way affect the goods or services offered, especially Executive Order No. 11246 entitled "Equal Employment Opportunity" and as amended by Executive Order No. 11375, as supplemented by the Department of Labor Regulations (41 CFR, Part 60), the Americans with Disabilities Act of 1990 and implementing regulations, the Rehabilitation Act of 1973, as amended, Chapter 553 of Florida Statutes and any and all other local, State and Federal directives, ordinances, rules, orders, and laws relating to people with disabilities. ,1.22 CRIMINAL CONVICTION Pursuant to Miami -Dade County Ordinance No. 94 -34, "Any individual who has been convicted of a felony during the past ten years and any corporation, partnership, joint venture or other legal entity having an officer, director, or executive . who has been convicted of a felony during the past ten years shall disclose this information prior to entering into a contract with or receiving funding from the County." Accordingly, Criminal Record Affidavit forms are available upon request at Department of Procurement ManagemenWendor Assistance Unit at (305) 375 -5773 for those individuals or firms requesting to disclose this information only. INSPECTOR GENERAL REVIEWS A. INDEPENDENT PRIVATE SECTOR INSPECTOR GENERAL REVIEW Pursuant to Miami -Dade County Administrative Order 3-20 and in connection with any award issued as a result of this application process, the County has the right to retain the services of an Independent Private Sector Inspector General ( "IPSIG "), whenever the County deems it appropriate to do so. Upon written notice from the County, the selected applicant shall make available, to the IPSIG retained by the County, all requested records and documentation pertaining to this application process or any subsequent award, for inspection and copying. The County will be responsible for the payment of these IPSIG services, and under no circumstance shall the applicant's cost/price for this application process be inclusive of any charges relating to these IPSIG services. . The terms of this provision herein, apply to the applicant, its officers, agents, employees and assignees. Nothing contained in this provision shall impair any Independent right of the County to conduct, audit or investigate the operations, activities and performance of the selected applicant in connection with this application process or any contract issued as a result of this application process. The terms of this provision are neither intended nor shall they be construed to impose any liability on the County by the selected applicant or third party. B. MIAMI -DADE COUNTY INSPECTOR GENERAL REVIEW According to Section 2 -1076 of the Code of Miami -Dade County, as amended by Ordinance No. 99 -63, Miami - Dade County has established the Office of the Inspector General which may, on a random basis, perform audits on all County contracts, throughout the duration of said contracts, except as otherwise provided below. RFP 0708 Guidelines Page 10 of 20 September 2007 The cost of the audit of any Contract issued as a result of this application process shall be one quarter (114) of one (1) percent of the total contract amount which cost shall be included in the total proposed amount. The audit cost will* be deducted by the County from progress payments to the selected applicant. The audit cost shall also be included in all change orders and all contract renewals and extensions. Exception: The above application of one quarter (114) of one percent fee assessment shall not apply to the following contracts: (a) IPSIG contracts; (b) contracts for legal services; (c) contracts for financial advisory services; (d) auditing contracts; (e) facility rentals and lease agreements; (f) concessions and other rental agreements; (g) insurance contracts; (h) revenue - generating contracts; (1) contracts where an IPSIG is assigned at the time the contract is approved by the Commission; 0) professional service agreements under $1,000; (k) management agreements; (1) small purchase orders as defined in Miami -Dade County Administrative Order 3 -2; (m) federal, state and local govemment- funded grants; (n) Interlocal agreements; and (o) grant agreements granting not - for- profit organizations Building Better Communities General Obligation Bond Program funds. Notwithstanding the foregoing, the Miami -Dade County Board of County Commissioners may authorize the inclusion of the fee assessment of one quarter (114) of one percent in any exempted contract at the time of award. Nothing contained above shall in any way limit the powers of the Inspector General to perform audits on all County contracts including, but not limited to, those contracts specifically exempted above. ,1.24 PUBLIC ENTITY CRIMES Pursuant to Paragraph 2(a) of Section 287.133, Florida Statutes, a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a response for a contract to provide any goods or services to a public entity; may not submit a response on a contract with a public entity for the construction or repair of a public building or public work; may not submit responses on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and, may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 for CATEGORY TWO $25,000 for a period of thirty -six (36) months from the date of being placed on the convicted vendor list. I FU .,e • . In accordance with the requirements of Ordinance No. 98 -30, all firms with annual gross revenues in excess of $5 million seeking to contract with Miami -Dade County shall, as a condition of award, have a written Affirmative Action Plan and Procurement Policy on file with the County's Department of Business Development. Said firms must also submit, as a part of their application packages to be filed with the Clerk of the Board, an appropriately completed and signed Affirmative Action Plan/Procurement Policy Affidavit (see Attachment 6). Firms whose Boards of Directors are representative of the population make -up of the nation are exempt from this requirement and must submit, in writing, a detailed listing of their Boards of Directors, showing the race or ethnicity of each board member, to the County's Department of Business Development. Firms claiming exemption must submit, as part of their response to be fled with the Clerk of the Board, an appropriately completed and signed Exemption Affidavit (see Attachment 6) in accordance with Ordinance No. 98 -30. It will be the responsibility of each firm to provide verification of their gross annual revenues to determine the requirement for compliance with the Ordinance. Those firms that do not exceed $5 million annual gross revenues must clearly state so in their response. AFFIDAVIT PAID FEES, TAXES, PARKING TICKETS AND OBLIGATIONS ARE NOT IN ARREARS In accordance with Section 2 -8.1 (c) of the Miami -Dade County Code, and as amended by County Ordinance No. 00 -30, and Section 2- 8.1(h) as amended by Ordinance No. 00 -67, the applicant shall certify that all delinquent and currently.due fees, taxes, parking tickets and that applicant is not in arrears on obligations to the County. (See Attachment 6) RFP 0708 Gufdefines Page 11 of 20 September 2007 1.26 CODE OF BUSINESS ETHICS In accordance with Section 2 -8.1 of the Code of Miami -Dade County each person or entity that seeks to do business with Miami -Dade County shall have or shall adopt a Code of Business Ethics ( "Code ") and shall, prior to execution of any contract between the contractor and the County, submit an affidavit stating that the contractor has adopted a Code that complies with the requirements of Section 2- 8.1(i) of the Miami -Dade County Code (see Attachment 9). Any. person or entity that fails to submit the required affidavit shall be ineligible for contract award. 11.27 DOMESTIC VIOLENCE LEAVE AFFIUAVl I I Prior to entering into any contract with the County, a firm desiring to do business with the County shall, as a condition of award, certify that it is in compliance with the Domestic Leave Ordinance, 99 -5 and Section 11A- 60 of the Miami -Dade County Code. , This Ordinance applies to employers that have, in the regular course of business, fifty (50) or more employees working in Miami -Dade County for each working day during each of twenty (20) or more calendar work weeks in the current or preceding calendar year. In accordance with Resolution R- 185 -00, the obligation to provide domestic- violence leave to employees shall be a contractual obligation. The County shall not enter into a contract with any firm that has not certified its compliance with the Domestic Leave Ordinance (see Attachment 8). Failure to comply with the requirements of Resolution R -185- 00, as well as the Domestic. Leave Ordinance may result in the contract being declared void, the contract being terminated and/or the firm being debarred. 1.28 ORDINANCES, RESOLUTIONS AND /OR ADMINISTRATIVE OKUEKS To request a copy of any ordinance, resolution and /or administrative order cited in this Solicitation, the applicant must contact the Clerk of the Board at (305) 375 -5126. 1.29 LOBBYIST CONTINGENCY a) In accordance with Section 2- 11.1(s) of the Code of Miami -Dade County, after May 16, 2003, no person may, in whole or in part, pay, give or agree to pay or give a contingency fee to another person. No person - . may, in whole or in part, receive, or agree to receive a contingency fee: b) A contingency fee is a fee, bonus, commission or non - monetary benefit as compensation which is dependant on or in any way contingent upon the passage, defeat, or modification of 1) any ordinance, resolution, action or decision of the County Commission; 2) any action, decision or recommendation of the Mayor or any County board 'or committee; or 3) any action, decision or recommendation of any County personnel during the time period of the entire decision - making process regarding such action, decision or recommendation which foreseeable will be heard or reviewed by the County Commission or a County board or committee. 1.30 COMMISSION AUDITOR ACCESS TO RLL;OKU5 I Pursuant to Ordinance No. 03 -2, all vendors receiving an award of the contract resulting from this application process will grant access to the Commission Auditor to all financial and performance related records, property, and equipment purchased in whole or in part with government funds. PROGRAM OBJECTIVE The purpose of the BBC Historic Preservation Fund is to establish a facilities' preservation fund through OHP that will provide funding through matching fund grants to property owners for the rehabilitation of historic sites and to safeguard those historic properties considered endangered. The BBC GOB Program is geared to make an impact in the revitalization of historic buildings at the neighborhood level, particularly in designated RFP 0708 Guidelines Page 12 of 20 September 2007 historic districts and other areas having a high concentration of older buildings. BBC GOB Program bond funds in the amount of $10 million over the fifteen year term of the BBC GOB Program will be allocated to the Fund as bonds are sold and needs exist. A minimum of $350,000 will be awarded to eligible recipients through this application process. The Fund will assist property owners in the rehabilitation of endangered historic properties that can be stabilized and restored to ensure their continued and useful existence. The Fund is governed by the Building Better Communities Bond Program Administrative Rules (the "Administrative Rules ") Resolution Number 595 -05 and Ordinance No. 05 -47 (available online). All funding applications must adhere to the requirements of Ordinance. No. 05-47 and the Administrative Rules. A copy of the Administrative Rules is provided in Section 6.3, the Exhibits. Property owners awarded funds, in accordance with the Administrative Rules, will be required to: a} maintain the Project for a minimum of twenty-five (25) years; b) keep the Project open safely and properly maintained for all Miami -Dade County residents; and c) allow all Miami -Dade County residents equal access and use of the project and not discriminate when charging facility admission fees as applicable. The County intends to conduct additional requests for applications for the Fund over the term of the BBC GOB program. However, the County in its sole discretion may recommend funding one or more projects at anytime. Applications for eligible projects will be reviewed by a Project Review Committee, who will forward recommended funding allocations to the Mayor. The Mayor will provide his recommendations to the BBC GOB Program Citizens Advisory Committee to review recommended projects and allocations. The Board of County Commissioners will make final grant awards. The program is geared to make an impact in the revitalization of historic buildings at the neighborhood level, particularly in designated historic districts and other areas having a high concentration of older buildings. The County encourages applications owners of historic properties for the rehabilitation of endangered properties that can be stabilized and restored to ensure their continued and useful existence. Grants are awarded on a competitive basis based on evaluation by the Project Review Committee, and a recommendation by the Mayor to the Board of County Commissioners. Final grants shall be approved by the Board of County Commissioners. The Project Review Committee will be appointed by the Mayor upon recommendations from the Director of OHP. There is no guarantee that an application will be recommended for funding. The Project Review Committee will be composed of qualified professionals from the preservation field to include, but not limited to, representatives from Miami -Dade County's Office of Historic Preservation, the Miami -Dade County Historic Preservation Board, Dade Heritage Trust, Inc. and other Miami -Dade County Departments. In addition, applicants must demonstrate that the proposed project: • Supports existing, measurable program accomplishments of the applicant and is responsive #o a well - documented need; • Supports Miami -Dade County's Strategic Plan; • Will significantly contribute to the conservation, restoration or rehabilitation of the property for which the grant is requested; • Has significant and identifiable benefits in the revitalization of historic buildings at the neighborhood level, particularly in designated historic districts and other areas having a high concentration of older buildings; RFP 0708 Guidelines Page 13 of 20 September 2007 Is thoroughly planned, both programmatically and architecturally, with a high degree of certainty that the proposed facility will meet current and projected needs and that design, technology, and costs are well- researched and reflective of current market conditions; Is accompanied by reliable cost estimates, anticipating market conditions and anticipating inflationary factors; and Has a clear and feasible plan for being completed on time. To be eligible to apply for funding from the Fund, the applicant must provide evidence of the following In its funding application, • Be a legally incorporated Florida non - profit organization located in Miami -Dade County, and hold a 501(c)(3) designation from the Internal Revenue Service; or be an active and duly registered Florida for profit corporation or recognized business entity; or qualify as a political subdivision of Miami -Dade County or one of its municipajitles; or be an owner of historic residential or commercial property located within Miami -Dade County; • Demonstrate financial stability; • remonstrate ownership of the property; • Provide a letter of commitment confirming the resources necessary to complete the project; and • Provide an architecturallengineering study and /or equipment specifications and professional cost estimates if available. Applicants that do not meet any one of these criteria will be deemed ineligible for funding. The Project Review Committee and the Mayor may recommend and the Board may determine that an applicant is conditionally eligible for funding upon satisfaction of specified conditions. GRANT Applicants must meet eligibility requirements and should attend the Pre - Submittal Conference(s) prior to submitting an application. Applicants must submit an original, completed funding application, which is attached as Section 2.0 (and 11 copies) that shall consist of or include, among other requirements: • Universal Affidavit which is attached as Section 3.0; • A completed line item budget with budget justifications for the construction and fixture, furniture and equipment line items (reimbursement for fixture, furniture, and equipment is contingent upon prior inclusion and approval of these expenses in the grant agreement) (See Article I, Section 4: Definitions for Fixtures, Furniture and Equipment (FF &E), of the Building Better Communities General Obligation Bond Program Administrative Rules included in Section 6, Exhibits); • Letter(s) of commitment for matching funds that complement the funding allocation request as may be required by the application; • A projected completion date for the project; • A project location map; • Certification of ownership by the applicant; • If applicable, a board resolution which, at a minimum: (i) authorizes the execution of the grant/interlocai agreement; (ii) commits the organization to complete the project; and (iii) commits the organization to provide maintenance upon completion of the project; • Application Checklist which is attached as Section 4.0; and • Affidavits, which are attached as Section 5.0. RFP 0708 Guidelines Page 14 of 20 September 2007 All grantees will be required to execute a grant or interlocal agreement in the form identified and attached in Section 6, Exhibits. An applicant may request funding for a major project in phases. Each phase shall constitute a distinct portion of the proposed Project. Each applicant requesting funding for a Project in phases shall commit to completing the Project as defined in the grant or interiacal agreement unless otherwise modified by approval of the Board in accordance with the Administrative Rules and Ordinance No. 05-47. A HISTORIC PRESERVATION FUND AWARD CARRIES NO COMMITMENT FOR FUTURE SUPPORT. APPLICANTS ARE STRONGLY ENCOURAGED TO CAREFULLY REVIEW THE PROPOSED PROJECT, SCOPE, AND RELATED COSTS PRIOR TO SUBMITTING AN APPLICATION TO ENSURE THAT THE PROJECT DOES NOT POSE ANY SIGNIFICANT LEGAL, FINANCIAL, OR PROGRAMMATIC PROBLEMS FOR THE APPLICANT. f gt. n • The Fund operates on a reimbursement basis as detailed in the Administrative Rules. Recipients should submit reimbursement requests the Office of Historic Preservation of Miami -Dade County on a monthly basis. Payment of BBC GOB Program bond funds will be made only after submission of proper documentation demonstrating evidence of project expenditures, including match. The Administrative Rules are subject to change as determined by the Board of County Commissioners. Reimbursement requests should be submitted to: Carlos J. Dunn, Historic Preservation Specialist II Department of Planning & Zoning 171 N.W. First Street — Suite 695 Miami, Florida 33128 Tel. (305) 375 -4438 ' Fax (305) 372 -6394 Dun nC miamldade, ov Project costs eligible for reimbursement shall be incurred after the effective date of the Grant/Interlocal Agreement and prior to the Project completion date identified in the Grant/Intedocal Agreement (with the exception of Pre - agreement expenses). A recipient may, upon submission of a request for advance payment, receive an advance payment no more than 180 days in advance of the allocation schedule approved by the Board, for up to 25% of the total award. The County will retain 5% of the value of the award until completion of the Project for all awards exceeding $100,000, unless otherwise recommended in writing by staff and approved by the Board. 1.36 MATCHING FUNDS. Matching fund requirements are based on the property's market value as determined by the County Property Appraiser: Property Value Maximum Request Match Less than $400,000 $100,000 $1 match for $3 request / 1:3 match $400,000 - $700,000 $150,000 $1 match for $2 request 11:2 match Over $700,000 $250,000 $1 match for $1 request / 1:1 match The matching terms and conditions of the Fund are designed to act as a catalyst for organizations to obtain and leverage BBC GOB Program funds for organizations' capital projects. These established targets (1:3, 1:2 and 1:1) are the minimum match eligibility threshold requirements for the Fund. A funding match that includes RFP 0708 Guidelines Page 15 of 20 September 2007 foundation or corporate support, other government support, private contributions, and/or earned income is desirable. All grant and matching funds involved in construction projects supported through the Fund are subject to compliance with provisions of applicable laws, regulations and rules. Applicants should thoroughly explore other funding sources prior to seeking support from BBC GOB Program. Please note: in -kind donations and/or staff salaries for administration of the grant may not be used to supply the match. 1.37 REVIEW CRITERIA Grants are awarded to eligible organizations and private owners. Reviewers are looking for well - planned capital projects that meet a pressing need; display broad support; will be completed promptly; and once completed, are managed successfully. Furthermore, reviewers have an interest in the exact plan for how the County's money (and its requisite match, (if applicable) shall be utilized in the proposed project, and the applicant's ability and "readiness" to administer and complete the Project. The Project Review Committee will evaluate the applicants using the following criteria: 'l) PROJECT: ■ Project meets the goals and objectives of the Historic Preservation Fund Program ■ Project will significantly contribute to the conservation, restoration or rehabilitation of the property for which the grant is requested ■ Project will impact the revitalization of historic buildings at the neighborhood level, particularly in designated historic districts and other areas having a high concentration of older buildings ■ Readiness as indicated by the quality of the architecturaVengineering study and /or equipment specifications and professionally - developed price quotes for total project ■ Applicant proposes a reasonable and realistic project timeline and logistics ■ Impact of project on the organization's operational and programmatic capacity to establish and/or sustain the facility or property 2) IMPROVED FACILITY CAPABILITIES: • Quality of the restoration or rehabilitation of the historic building as per the United States Secretary of Interior Standards and the Miami -Dade County Historic Preservation Ordinance • Efforts to comply with the Americans with Disabilities Act (ADA) for projects to implement improvements in facility modifications (if applicable) • Quality of facility improvements being proposed • Facility use plan (if applicable) 3) APPROPRIATENESS OF GRANT REQUEST: ■ Contributions and impact of the project on the conservation, restoration or rehabilitation of the property for which the grant is requested • Feasibility and appropriateness of the budget and commitment and size of public and private match, if applicable • Project description, objectives, and goals • Relevance of the project compared to the organization's current and future capital improvement plans (if applicable) • Financial resources in hand or a fundraising plan adequate to support the project (if applicable) RFP 0708 Guidelines Page 16 of 20 September 2007 4) MERIT OF CAPITAL PROJECT PLAN: • Feasibility of the project to impact the revitalization of historic buildings at the neighborhood level, particularly in designated historic districts and other areas having a high concentration of older buildings. • Need for emergency funding based on the proposed work that is required on the property. 1.38 ALLOWABLE GRANT EXPENDITURES -_ • Rehabilitation of a property; • Design, architectural, engineering, and construction expenses, including demolition /site preparation; • Project Planning Design and Administration soft costs directly" related to the Project, as defined by the Administrative Rules, not to exceed 17% of the total funding allocation given to a Project; and • Purchase of equipment, as defined in the Administrative Rules, directly related to the capital improvements including equipment directly related to ADA compliance projects and related work (elevator or wheelchair lift, accessible bathrooms, ramps, etc.); HVAC systems; plumbing renovations; roof renovations; and electrical wiring upgrades. RESTRICTIONS 1.3.9 GRANT USE Historic Preservation Funds may not be used for: • Reimbursement for projects already completed and/or any costs incurred earlier than one (1) year prior to the application date (See Article Ill, Section 113: Pre - agreement Expenses, of the Building Better Communities General Obligation Bond Program Administrative Rules included in Section 6, Exhibits; • Debt reduction, mortgage payments, endowments, or cash reserves; • Remuneration of County employees for any services rendered as part of a project receiving a grant from Miami -Dade County; • Operational and programming expenses, including but not limited to: out of County travel, cash prizes, lobbying/propaganda materials, social/fundraising events, and charitable contributions; and • Staff salaries and expenses not Included in the Administration soft costs directly related to the Project. 1.40 APPLICATION ALL APPLICANTS SHOULD ATTEND THE PRE - SUBMITTAL CONFERENCE. NOTE: ATTENDANCE IS NOT A REQUIREMENT FOR THIS APPLICATION. Submit the SIGNED ORIGINAL completed Application Fonn including the Universal Affidavlt with the following attachments-as part of the package. Attachments: (listed in Item # 21 of the application form) a. Copy of the Articles of Incorporation (if applicable) b. Copy of IRS letter of tax-exempt status (if applicable) c. Copy of title or purchase agreement or deed, or copy of facility lease or use agreements and/or contracts for an un- expired term of 25 years; or for Development Projects, certification of ownership by the Applicant or evidence of land tenure sufficient to satisfy the Board that the project complies with the terns of Ordinance 05-47 d. Copy of organization's most recent'IRS Form 990, most recent audited budget performed by an independent, certified public accountant for the last completed fiscal year, or a compilation RFP 0708 Guidelines Page V of 20 September 2007 statement encompassing the last completed fiscal year performed by an independent, certified public accountant attesting to the applicant's financial position as recorded (if applicable) e. Brief history and description of organization (if applicable) f. Current Board list including names and addresses of board members and officers (identify any members of your board who are Miami -Dade County government officers or employees) (if applicable) g. A board resolution, or letter from a residential property. owner, which, at a minimum: (i) authorizes the execution of the Funding Agreement; (ii) commits the organization to complete the Project; (iii) and, as applicable, commits the organization to provide operating, maintenance, and programming funds upon completion of the Project, to the extent allowed by law. (If applicable) h. 2 -year management and budget plan for the property (if applicable) K.. Architectural/engineering study and/or equipment specifications and professional cost estimate for total project j. Location map k. Provide a letter of commitment confirming the resources necessary to accomplish the Project. I. Up to three (3) support documents (programs, articles, letters of recommendation, etc.) m. Budget justifications for the Construction and Fixtures, Furniture and Equipment line items" n. Itemized list for in -kind contributions listed on the organizational budget page, if applicable o. Letter of commitment of matching funds from government, foundation, private, organization's Board Chairperson, or other secured source of matching funds. p:: Brief bios /resumes of staff and responsibilities pertaining to the project. (if applicable) q. (Optional) Copy of completed planning and or feasibility study r. Completed Application Checklist attached as Section 4.0 s. Completed Affidavits attached as Section 5.0 A complete original application package and 11 copies must be received In the Office of the Clerk of the Board between January 9, 2008 and January 15, 2008 by 2:00 PM. Applicants are solely responsible for providing the required number of application packages for panel distribution to the Project Review Committee. STAFF WILL NOT MAKE CORRECTIONS AND /OR COPIES FOR YOU. TO SATISFY THE PROGRAM'S TECHNICAL REQUIREMENTS: Q DO SUBMIT AN APPLICATION IN A TYPE SIZE NO SMALLER THAN 12 POINT FONT, ON WHITE PAPER. C1 DO SUBMIT AN ORIGINAL APPLICATION AND 11 COPIES BOUND WITH A BINDER CLIP IN THE UPPER LEFT CORNER OF EACH DOCUMENT. RI DO LIST A CONTACT PERSON WHO IS KNOWLEDGEABLE ABOUT THE PROJECT, ORGANIZATION AND BUDGET AND WHO CAN BE REACHED MONDAY - FRIDAY: 9:00 AM - 5:00 PM. RFP 0708 Guidelines Page 18 of 20 September 2007 Q DO ANSWER ALL QUESTIONS COMPLETELY. IF A QUESTION DOES NOT APPLY TO YOUR ORGANIZATION, MARK :'NIA" OR "NOT APPLICABLE.- if DO MAKE CERTAIN YOUR COMPLETE SUBMISSION IS RECEIVED AT THE OFFICE OF THE CLERK OF THE BOARD NO LATER THAN 2:00 PM ON THE APPLICATION DEADLINE DATE. POSTMARKED APPLICATIONS ARE NOT ACCEPTABLE. Q DO KEEP A COPY OF THE COMPLETED APPLICATION FOR YOUR RECORDS. © DON'T TRANSMIT YOUR APPLICATION BY FAX OR E -MAIL. Cl DON'T USE COVER PAGES OR COVER LETTERS. 121 DON'T BIND IN NOTEBOOKS. 0 DON'T BIND OR STAPLE ALL PAGES AND SUPPORT MATERIAL TOGETHER. MINOR I W133711WIM -• Following closure of an Application Submission Period, the Mayor or his designee, in consultation with the County Attorney and the Project Review Committee will review each Funding Application for funding eligibility and determine on eligibility status for each applicant: Eligible, Conditionally Eligible, or Ineligible. Funding Applications determined to be Eligible or Conditionally Eligible shall be reviewed and competitively evaluated to determine a recommended funding allocation. A listing of all Funding Applications shall be presented to the Board of County Commissioners by the Mayor In the form of a Resolution stating the eligibility determination, presenting the Mayor's funding recommendations based (if applicable) on competitive evaluation, and seeking approval for the disbursement of funds. . All recipients must submit an annual audit of the Historic Preservation Fund Program funds, performed by certified independent auditors, to the Mayor's Office by June 11% following the fiscal year for which the audit was performed. The audit report must include the Fund Summary Status Report in the Administrative Rules. A funding allocation will be expended only for the purposes of rehabilitation or restoration on lands owned by the recipient. Property owners must record a covenant running with the property that will require new owner(s) and /or any future owner(s) to maintain the property following the Secretary of interior Standards for Preservation, Rehabilitation, Restoration and Reconstruction of Historic Buildings for twenty -five (25) years. Property owners awarded funds will be required keep the Project open safely and properly maintained for all Miami -Dade County residents, allow all Miami -Dade County residents equal access and use of the project and not discriminate when charging facility admission fees. Recipients shall maintain all financial and programmatic records, supporting documents and other records pertinent to the funding allocation for a period of three (3) years (retention period). The start date for the retention period begins on the day the recipient submits to the- County its single or last expenditure report for that period or its final expenditure report. For any litigation, claim, negotiation, audit or other action started during and extending past the three -year retention period, record will be retained until the action is completed and arising issues are solved. The Board and -the County, pertinent books, documents, excerpts, and transcripts. or any of their authorized representatives, shall have the right of access to any papers, or other records of the recipient in order to make audits, examinations, RFP 0708 Guidelines Page 19 of 20 September 2007 Failure to comply with any of the terms of the award may result in the Board of County Commissioners or Mayor to.take one or more of the actions outlined in Article IiI, Section 2F of the Administrative Rules and /or the Grant/Interlocal Agreement. Recipients are required to submit the Project Status Report on a monthly basis. Other reports that shall be due upon request of the Mayor or his designee may include, but are not limited to: actual accomplishments of each funding allocation, problems encountered in implementation of each funding allocation, and anticipated start and /or completion dates of each funding. allocation. The recipient may be required to meet with the Board to discuss the Project. All final documentation, including a Final Report, must be submitted within forty -five (45) days after the expiration or termination of the funding allocation. Final Report forms will be provided to grantees. Grant funds not encumbered (contracted for) within 12 months of the date they were awarded, or for which a project extension has not been approved, shall revert to Miami -Dade County. All funded activities must provide equal access and equal opportunity in employment and services, and may not discriminate on the basis of race, color, religion, ancestry, national origin, sex, pregnancy, age, disability, marital status, familial status, sexual orientation or physical ability, in accordance with Title VI and Title VII of the Civil Rights Act of 1964, the Age Discrimination Act of 1975, Title IX of the Education Amendments of 1972 as amended (42 U.S.C. 2000d et seq.), the Americans with Disabilities Act (ADA) of 1990, Section 504 of the Rehabilitation Act of 1973, and Miami -Dade County ordinances No. 97 -170, § 1, 2 -25-97 and No. 98 -17, § 1, 12 -1 -98. The Grantee must include the following credit line in all promotional and marketing materials related to this grant including web sites, news and press releases, public service announcements, broadcast media, event programs, and publications: "With the support of the Miami -Dade County General Obligation Bond (GOB) Program, Historic Preservation Fund, the Miami -Dade County Mayor and Board of County Commissioners." The grantee must also use the County's logo and the County's GOB logo in marketing and publicity materials whenever possible. . Miami -Dade County provides equal access and equal opportunity in employment and services and does not discriminate on ihe'basts"of race,' color, religion; ancestry, national or!giri sez; pregnarcy, age, disability; marital status, familial status, sexual orientation or physical ability, in accordance with Title V! and TX0 VIl of the Civil Rights Act of 1964, the Age Discrimination Act of 1975, Trde iX of the Education Amendments of 1972 as amended (42 U.S.C. 2000d at seq.), the Americans with Disabilities Act (ADA) of 1990, Section 504 of the Rehabilitation Act of 1973, and Miami -Dade County ordinances No. 97 -170, § 1, 2 -25-97 and No. 98 -17, § 1, 12 -1 -98 RFP 0708 Guidelines Page 20 of 20 September 2007 MIAMI -DADE COUNTY BUILDING BETTER COMMUNITIES GENERAL OBLIGATION BOND PROGRAM (GOB) HISTORIC PRESERVATION FUND (HPF0708) -GOB PROJECT No. 293 APPLICATION - SECTION 2.0 ISSUING DEPARTMENT:. MIAMI -DADS COUNTY, OFFICE OF CAPITAL IMPROVEMENTS Contact Person: Jose A. Galan, Chief of Program Legislation Office of Capital improvements 111 NW 1st Street, Suite 2130 - Miami, Florida 33128 Phone: (305) 375 -2724 - Fax: (305) 372 -6130 E -mail: GALA NJCDmiamidade.aov 11BUILDING 11111BETTER COMMUNITIES www.miamidade.gov/build (1) Grant Amount Requested' Maximum award amounts are based on the current market value of a property as determined by the Coun s Property Appraiser. See Guidelines Check all that apply: ❑ Acquisition ❑ Renovation ❑ Expansion ❑ New Construction (2) Organization/Owner(s) Name (exactly as it appears on Articles of Incorporation/progerty records): (3) Property Market Value ❑ less than $400,000 ❑ $400,000 - $700,000 ❑ more than $700,000 (4) Date of Incorporation /Purchase: (5) FEI #: - (6) State of Incorporation: Ms (7) Contact/Name: El Mr. ❑ Mrs. ❑• ContactMtle: Phone (day): ( ) - ext. Address: Phone (other): ( ) - ext. City: state: FL zip: (8) Present Number of Paid Employees: Fax: ( E -mail: Website: (if applicable) (9) Estimated Number After Project Completion: (10) Historic Designation # (if applicable) Type of Designation: National/StatelCountylCity (11) Name of Property: Address of Property: City ! State / Zip: Phone: ( ) - ext. June 2006 NFP0607 APPUCATION Page 1 of 11 Date constructed: i Number of square I feet: _ Please indicate. whether your properfy/facility /site is: ❑ Owned by your organizationlyou ❑ Owned by other: ❑ Leased /Rented: (if rented, please Indicate) Monthly Rent: $ Lease Terms (in years): Date Lease Expires: ADA Accessibility (if applicable): Briefly describe the current ADA status of existing structure: include how your organization addresses accessibility issues in regards to your facilities and/or services; whether your organization has conducted an ADA self - evaluation of your facilities and /or programs; services your organization provides (e.g., assitive listening devices, sign language interpretation, touch tours, audio descriptions of programs/presentations, etc.); and how your organization communicates the accessibility of your activities and facilities to persons with disabilities. i Do you share your facility with other organizations? *If yes, check appropriate box(s) to describe co- occupant i ❑ For- Profit Organization ❑ Nat- Far -Profit Organization ❑ Community -based Organization ❑ Other: NFP0607 APPLICATION Page 2 of 11 June 2006 (13a) Capital Project Narrative: Describe your proposed capital improvement project and include a projecieu completion date and total project cost, Including matching funds, for the project. (13b) Amount of matching funds you are providing for this project. $ Page 3 of 11 June 2006 NFP0607 APPLICATION -- I I r i i (14) Explain why you are requesting this grant, what outcome you hope to achieve. (16) Briefly describe any future capital improvements beyond this project. Reference any planning or feasibility study that you may have completed for this purpose. If this project Is a phase of a larger scope of work, describe how this phase fits Into the overall project (ff applicable). NFP0607 APPLICATION Page 4 of 11 June 2006 (16) Give a brief summary of prior capital improvement work done to the property. Describe progress made on project as a result other funding. ARCHITECT /ENGINEER CONTRACTOR CONSULTANT Name: Nance: Name: Title: Title: Title: Address: Address: Address: City /State/Zip: City/stateop: City /stateop: Phone: ( ) - ext. Phone: ( ) - ext. Phone: ( } ext. E -mail: E -mail: E -mail: NFP0607 APPLICATION Page 5 of t 1 June 2006 ` 1 • s • • Describe the project management ement plan (it applicable) (address staff responsibilities; provide a statement regardinc policies for facility use and accessibility to clients, target community and/or the general public). NFP0607 APPLICATION Page 6 of 11 June 2008 EXPENSES: LIST EXPENSES SPECIFICALLY IDENTIFIED WITH YOUR PROJECT. ROUND AMOUNTS TO THE NEAREST WHOLE DOLLAR. GRANT CASH DOLLARS + MATCH m TOTAL GRANT AMOUNT REQUESTED E:== TOTAL PROJECT EXPENSES GRANT DOLLARS CASH MATCH TOTAL REVENUES: LIST REVENUES SPECIFICALLY IDENTIFIED WITH YOUR PROJECT. ROUND AMOUNTS TO THE NEAREST WHOLE DOLLAR. CASH INCOME CORPORATE SUPPORT FOUNDATION SUPPORT PRIVATEANDIVIDUAL SUPPORT GOVERNMENT GRANTS — (IDENTIFY SOURCE) FEDERAL STATE LOCAL APPLICANT CASH ON HAND 07HER REVENUES (17EMIZE BELOW: GRANT AMOUNT REQUESTED L TOTAL PROJECT REVENUES ` NOT : TOTAL PROJECT EXPENSES AND REVENUES MUST EQUAL. NFP0607 APPLICATION Page 7 of 11 June 2008 (IF APPLICABLE) EXPENSES PERSONNEL —ADMINISTRATIVE PERSONNEL — PROGRAM PERSONNEL — TECHNICAL OUTSIDE CONSULTANTS FEES/SERVICES OUTSIDE OTHER FEESISERVICES ACCOUNTING — AUDIT INSURANCE EQUIPMENT RENTAL EQUIPMENT PURCHASE SPACE RENTAL UTILMES REMAINING OPERATING EXPENSES TOTAL CASH EXPENSES IN -KIND CONTRIBUTIONS (ATTACH ITEMIZED UST) TOTAL EXPENSE REVENUES ADML4SIONS CONTRACTED SERVICES TumoNs CORPORATE SUPPORT FOUNDATION SUPPORT PRIVATE(INDMDUAL SUPPORT GOVERNMENT GRANTS - FEDERAL GOVERNMENT GRANTS - STATE GOVERNMENT GRANTS - LOCAL APPLICANT CASH ON HAND OTHER REVENUES (MONTHIDAY): ROJECTED FY 2007 - 2008 TOTAL CASH INCOME IN -KIND CONTRIBUTIONS. (ATTACH ITEMUM UST) TOTAL INCOME NFP0607 APPLICATION Page 8 of 11 TO CURRENT COMPLETED FY 2006 - 2007 FY 2005 - 2006 June 2006 m TOTAL ANNUAL TOTAL $ TOTAL $ FACIUnY OPERATING EXPENSES Attach and label the following Items to the "original" and I I copies of the application (As APPLICABLE] a) Copy of the Articles of incorporation b) Copy of IRS letter of tax- exempt status c) Copy of title or purchase agreement. Copy of.facility lease or use agreements and/or contracts for an unexpired term of 25 years, or For Development Projects, certification of ownership by the Applicant or evidence of land tenure sufficient to satisfy the Board that the project complies with the terms of the Ordinance 05-47 and the Building Better r•...,.....,.,:+:e� Af1miniefr2flup Rules d) Copy of organization's most recent IRS Form 990; most recent audited budget performed by an maepenaent, certified public accountant for the last completed fiscal year; or a compilation statement encompassing the last completed fiscal year performed by an Independent, certified public accountant attesting to the applicant's financial position as recorded. el Brief history and description of organization NFP0607 APPLICATION Page 9 of 11 June 20136 CURRENT FACILITY OPERATING BUDGET COMPLETED FACILITY OPERATING BUDGET (IF APPLICABLE) FY FY ANNUAL FACILITY EXPENSES ANNUAL FACILITY EXPENSES $ $ MORTGAGE / RENT $ $ INSURANCE UTILITIES: $ $ ELECTRIC $ $ PHONE $ WATER /SEWER $ $ $ OTHER $ $ O7HER $ $ MAINTENANCE PERSONNEL $ $ SUPPLIES / MATERIALS $ $ GENERAL MAINTENANCE $ $ EQUIPMENT LEASE/PURCHASE $ $ EQUIPMENT MAINTENANCE OTHER EXPENSES: LMMIZED BELOKI $ $ $ $ $ TOTAL ANNUAL TOTAL $ TOTAL $ FACIUnY OPERATING EXPENSES Attach and label the following Items to the "original" and I I copies of the application (As APPLICABLE] a) Copy of the Articles of incorporation b) Copy of IRS letter of tax- exempt status c) Copy of title or purchase agreement. Copy of.facility lease or use agreements and/or contracts for an unexpired term of 25 years, or For Development Projects, certification of ownership by the Applicant or evidence of land tenure sufficient to satisfy the Board that the project complies with the terms of the Ordinance 05-47 and the Building Better r•...,.....,.,:+:e� Af1miniefr2flup Rules d) Copy of organization's most recent IRS Form 990; most recent audited budget performed by an maepenaent, certified public accountant for the last completed fiscal year; or a compilation statement encompassing the last completed fiscal year performed by an Independent, certified public accountant attesting to the applicant's financial position as recorded. el Brief history and description of organization NFP0607 APPLICATION Page 9 of 11 June 20136 f) Current year's Board list including names and addresses of board members and officers Identify any members of your board who are Mlaml -Dade County government employees g) A board resolution, or letter from a residential property owner, which, at a minimum: (i) authorizes the execution of the Funding Agreement; (ii) commits the organization to complete the Project; (Ili) shows the name or title of the Individual from your organization given the authority to contract with the County and third party contractors; (iv) and as applicable, commits the organization to provide operating, maintenance, and programming funds upon completion of the Project, to the extent h) 2 -year management and budget plan for the facility i) Arch itecturallengineering study and/or equipment specifications and professional cost estimate for total j) Location map k) Provide a letter of commitment confirming the resources necessary to accomplish the project Q' Up to three (3) support documents (programs, articles, letters or recommendation, etc.) m) Budget justifications for the Construction and Fixtures, Furniture and Equipment line items n) Itemized list for In -kind contributions listed on organizational budget page, if applicable o) Letter of commitment of matching funds from government, foundation, private, organization's Board - Chairperson, or other secured source of matching funds for organizations with annual budget of $1 million and above p) Brief blos /resumes of staff and responsibilities pertaining to the project q) (Optional) Copy of completed planning and /or feasibility study r) Completed Application Checklist for RFP Number HPF0708 NFP0607 APPLICATION Page 10 of 11 June 2006 I certify that all information contained in this application and attachments is true and accurate. AUTHORIZING SIGNATURE DATE TYPED/PRINTED NAME TITLE All funded activities must provide equal access and equal opportunity in employment and. services, and may not discriminate on the basis of race, color, religion, ancestry, national origin, sex, pregnancy, age, disability, marital status, familial status, sexual orientation or physical ability, in accordance with Title VI and Title VII of the Civil Rights Act of 1984, the Age Discrimination Act of 1975, Title IX of the Education Amendments of 1972 as amended (42 U.S.C. 2000d et seq.), the Americans with Disabilities Act (ADA) of 1990, Section 504 of the Rehabilitation Act of 1973, and Miami -Dade County ordinances No. 97 -170, § 1, 2 -25-97 and No. 98 -17, § 1, 12 -1 -98. The Grantee must include the following credit line in all promotional and marketing materials related to this grant including web sites, news and press releases, public service announcements, broadcast media, event programs, and publications: 'With the support of the Miami -Dade County General Obligation Bond (GOB) Program, Historic Preservation Fund, the Miami -Dade County Mayor, and Board of County Commissioners." The grantee must also use the Building Better Communities and County logo In marketing and publicity materials whenever possible. Miami -Dade County provides equal access and equal opportunity in employment and services and does not discriminate on the basis of race, color, religion, ancestry, national origin, sex, pregnancy, age, disability, marital status, familial status, sexual orientation or physical ability, in accordance with Title V1 and Title V11 of the Civii Rights Act of 9984, the Age Discrimination Act of 1975, Title IX of the Education Amendments of 1972 as amended (42 U.S.C., 2000d et seq.), the Americans with Disabilities Act (ADA) of 1990, Section 504 of the Rehabilitation Act of 1973, and Miami -Dade County ordinances No. 97 -170, § 1, 2 -25-97 and No. 96-17, 91, 12 -1 -98. NFP0607 APPLICATION Page 11 of 11 June 2008 SECTION 3.0 . MIAMI -DADE COUNTTOFFICE OF CAPITAL IMPROVEMENTS UNIVERSAL AFFIDAVIT Each section of this fort must be read, and initialed indicating acceptance and/or compliance with the County's policy related to the particular affidavit. For affidavit sections that you do not believe are applicable to your organization, please indicate this by placing "NIA" in the blank and your initials next to the "NIA." ALL SECTIONS MUST BE COMPLETED, either with your initials indicating compliance or "NIA" indicating non - applicable. Sections not completed on the Affidavit will render the entire Universal Affidavit null and void and it will be returned to you for completion. The MIAMi -DADE COUNTY OWNERSHIP DISCLOSURE AFFIDAVIT, MIAMI -DADE COUNTY EMPLOYMENT DISCLOSURE AFFIDAVIT, MIAMI - DADE COUNTY CRIMINAL RECORD AFFIDAVIT, and MIAMI -DADE COUNTY DISABILITY NONDISCRIMINATION AFFIDAVIT shall not pertain to contracts with the United States or any departments or agencies thereof, the State of Florida or any political subdivision or agency thereof, or any municipality of this State. The MIAMI-DADE COUNTY FAMILY LEAVE AFFIDAVIT shall not pertain to contracts with the United States or any of its departments or agencies, the State of Florida or any political subdivision or agency thereof, it shall, however, pertain to municipalities of the State of Florida. being first duly swom state: (Name of Affiant / Authorized Official) The full legal name and business address of the persons) or entity contracting or transacting business with Miami -Dade County are (Post Office addresses are not acceptable): Federal Employer Identification Number Name of Entity, Individual(s), Partners,. or Corporation Street Address City State Zip Code I. . MIAMI -DADE COUNTY OWNERSHIP DISCLOSURE AFFIDAVIT (Sec. 2 -8.1 of the County Code) 1. If the contract or business transaction is with a corporation, the full legal name and business address shall be provided for each officer and director and each stockholder who holds directly or indirectly five percent (5 1/6) or more of the oorporabon's stock. If the contract or business transaction is with a partnership, the foregoing Information shall be provided for each partner. If the. contract or business transaction is with a trust, the full legal name and address shall be provided for each trustee and each beneficiary. The foregoing requirements shall not pertain to contracts with publicly traded corporations or to contracts with the United States or any department or agency thereof, the State of Florida or any political subdivision or agency thereof or any municipality of this State. All such names and addresses are (Post Office addresses are not acceptable): Full Legal Name Address Ownership 2 The full legal name and business address of any other Individual (other than subcontractors, material men, suppliers, laborers, or lenders) that have, or will have, any interest (legal, equitable, beneficial or otherwise) in the contract or business transaction with Miami -Dade County are (Post Office addresses are not acceptable): HPF0708 HISTORIC PRESERVATION FUND Page t of 4 October 2007 UNIVERSAL AFFIDAVIT 3. Any person who willfully fails to disclose the information required herein, or who knowingly discloses false information in this regard, shall be punished by'a fine of up to five hundred dollars ($500) or imprisonment In the County jail for up to sixty (60) days or both. MIAMI -DADE COUNTY EMPLOYMENT DISCLOSURE AFFIDAVIT (County Ordinance No. 90 -133. Amending sec. 2.8-1: Subsection (d)(2) of the County Cade). Except where precluded by federal or State laws or regulations, each contract or business transaction or renewal thereof which involves the expenditure of ten thousand dollars ($10,000) or more shall require the entity contracting or transacting business to disclose the following information. The foregoing disclosure requirements do not apply to contracts with the United States or any department or agency thereof, the State or any political subdivision or agency thereof or any municipality of this State. Does your firm have a collective bargaining agreement with your employees? Yes —No Does your firm provide paid health care benefits for its employees? Yes —No 3. Provide current breakdown (number of persons) of your firm's workforce and ownership as to race, national origin and gender. White: , Males Females Black: Males _ Females __._ Hispanic: — Males _. Females Native American: Males _ Females Asian: ^ Males _ Females Aleut (Eskimo): _ Males _ Females Males Females. ill. MIAMI -DADE COUNTY CRIMINAL RECORD AFFIDAVIT (Section 2 -8.6 of the County Code) The individual or entity entering into a contract or receiving funding from the County — has has not as of the date of this affidavit been convicted of a felony during the past ten (10) years. An officer, director, or executive of the entity entering into a contract or receiving funding from the County has has not as of the date of this affidavit been convicted of a felony during the past (10) years. IV. MIAMI -DADE. COUNTY EMPLOYMENT DRUG -FREE WORKPLACE AFFIDAVIT (County Ordinance No. 92 -15 codified as Section 2 -8.1.2 of the County Cade) That in compliance with Ordinance No. 92 -15 of the Code of Miaml -Dade County, Florida, the above named person or entity is providing a drug4ree workplace. A written statement to each employee shall inform the employee about: 1. danger of drug abuse In the workplace; 2. the firm's policy of maintaining a drug -free environment at all workplaces; 3, availability of drug counseling, rehabilitation and employee assistance programs; 4. penalties that may be Imposed upon employees for drug abuse violations. The person or entity shall also require an employee to sign a statement, as a condition of employment that the employee will abide by the terms and notify the employer of any criminal drug conviction occurring no later than five (5) days after receiving notice of such conviction and impose appropriate personnel action against the employee up to and including termination. Compliance with Ordinance No. 92.16 may be waived if the special characteristics of the product or service offered by the person or entity make it necessary for the operation of the County or for the health, safety, welfare economic benefits and well -being of the public. Contracts involving funding which is provided in whole or in part by the United States or the State of Florida shall be exempted from the provisions of this ordinance in those instances where those provisions are in conflict with the requirements of those governmental entities. V. MIAMI -DADE COUNTY EMPLOYMENT FAMILY LEAVE AFFIDAVIT (County Ordinance No. 142 -91 codified as Section 11A -29 et seq. of the County Code) HPF0708 HISTORIC PRESERVATION FUND Page 2 of 4 October 2007 UNIVERSAL AFFIDAVIT That in compliance with Ordinance No. 142 -91 of the Code of Miami -Dade County, Florida, an employer with fifty (50) or more employees working in Miami -Dade County for each working day during each twenty (20) or more calendar work weeks, shall provide the following information in compliance with all items in the aforementioned ordinance: An employee who has worked for the above firm at least one (1) year shall be entitled to ninety (90) days of family leave during any twenty -four (24) month period, for medical reasons, for the birth or adoption of a child, or for the care of a child, spouse or other close relative who has a serious health condition without risk of termination of employment or employer retaliation. The foregoing requirements shall not pertain to contracts with the United States or any department or agency thereof, or the State of Florida or any political subdivision or agency thereof. It shall, however pertain to municipalities of this State. VI. MIAMi -DADS COUNTY DISABILITY NONDISCRIMINATION AFFIDAVIT (County Resolution R-385 -95) That the above named firm, corporation or organization is in compliance with and agrees to continue to comply with, and assure that any subcontractor, or third party contractor under this project complies with all applicable requirements of the laws fasted below including, but not limited to, those provisions pertaining to employment, provision of programs and services, transportation, communications, access to facilities, renovations, and new construction in the following laws: The Americans with Disabilities Act of 1990 (ADA), Pub. L 101 -336, 104 .Stat 327, 42 U. S. C. 12101 -12213 and 47 U. S. C. Sections 225 and 611 including Title 1, Employment Title 11, Public Services; Title 111, Public Accommodation and Services Operated by Private Entities; Title IV, Telecommunications; and Title V, Miscellaneous Provisions: The Rehabilitation Act of 1973, 29 U.S.C. Section 794: The Federal Transit Act, as amended 49 U S. C. Section 1612: The Fair Housing Act as amended, 42 U.S.C. Section 3601 -3631. The foregoing requirements shag not pertain to contracts with the United States or any department or agency thereof, or the State or any political subdivision or agency thereof or any municipality of this State. Vii. MIAMI -DARE COUNTY AFFIDAVIT REGARDING DELINQUENT AND CURRENTLY DUE FEES OR TAXES (Sec. 2- 8.1(c) of the County Code). Except for small purchase orders and sole source contracts, the above named firm, corporation, organization or individual desiring to transact business or enter into a contract with the County verifies that all delinquent and currently due fees or taxes — including but not limited to real and property taxes, utility taxes and occupational licenses -- which are collected in the normal course by the Miami -Dade County Tax Collector as well as Miami -Dade County issued parking tickets for vehicles registered in the name of the firm, corporation, organization or individual have been paid. Vill. MIAMI -DADE COUNTY WELFARE REFORM WORK PARTICIPATION AFFIDAVIT (Resolution R- 702 -98, as amended by Resolution R- 35 8-99). Please check one of the-following options: This entity is a governmental entity and is therefore exempt from the provisions of Resolution No. R- 702 -98, as amended by Resolution R-358-99. This entity is a not for - profit organization and is therefore exempt from the provisions of Resolution No. R -702- 98, as amended by Resolution R -358 -99. This entity is a recipient of a grant award and is therefore exempt from the provisions of Resolution No. R -702- 98, as amended by Resolution R- 358 -99. This entity has a contract with the County that results in actual payment of less th an $500,000 and is therefore exempt from the provisions of Resolution No. R- 702 -98. This entity can demonstrate that five percent (5 %) of Its work force consists of individuals who reside in Miami- ~ Dade County and who have lost or who will lose cash assistance benefits (formerly Aid to Families with Dependent Children or 'AFDC) as a result of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, and therefore, requests a waiver of the requirements of Resolution No. R- 702 -98, as amended by Resolution R-35&99. _ This entity has a contract with the County that results In actual payment of $500,000 or more, and therefore, will contribute to Project Fresh Start, the County's welfare -to -work initiative, based on the following scale: HPF0708 HISTORIC PRESERVATION FUND Page 3 of 4 October 2007 UNIVERSAL AFFIDAVIT If the entity has a contract with the County that results In actual payment of an amount between: $500,000 to $1,000,000, then that entity shall contribute $5,000 $1,000,001 to $5,000,000 then that entity shall contribute $10,000 $5,000,001 to $10,000,000 then that entity shall contribute $20,000 $10,000,001 and over then that entity shall contribute $25,000 I have carefully read this entire four 4 -page document entitled, "Universal Affidavit° and have initialed all affidavits that pertain to this contract and have Indicated by °NA° all affidavits that do not pertain to this contract. By: (Signature of Affiant) SUBSCRIBED AND SWORN TO (or affirmed) before me this He / She: ❑ is personally known to me — or — 13 has produced (type of Identification) Notary Public (Signature of Notary) (Name of Notary Typed, Printed or Stamped) State of Florida - County of (Date) day of as identification. Imprint of Notary Seal 24 by HPF0708 HISTORIC PRESERVATION FUND Page 4 of 4 October 2007 UNIVERSAL AFFIDAVIT Section 4.0 BUILDING BETTER COMMUNITIES GENERAL OBLIGATION BOND PROGRAM PRE - AGREEMENT CHECKLIST pre-Agreement Cheddist Page t of 4 Rev. October 2007 YES NO NIA Have you provided Exhibit 1 to the Grant/[nterlocal ❑ ❑ ❑ 1 Agreement? Have you provided your non - profit !RS latter of tax- exempt El 11 � z status as a 501 c )( 3 ) organization? ( 3 Have you provided a copy of the Articles of Incorporation? Have you provided the Bank Disclosure form (Exhibit K of the F-1 4 administrative rules as required per the grant agreement)? Have you provided the Authorized Signature foram (Exhibit A of ❑ ❑ ❑ 5 the administrative rules)? Have you provided a Certificate of Status or a Good Standing 6 Certificate from the State of Florida? ❑ ❑ ❑ ( https:fleflle.sunbiz.org/Certauth.htmi ) Have you provided proof of a fidelity bond for employees with 7 access to your bank account(s) as required by the grant ❑ ❑ ❑ agreement? Have you provided a brief history and description of the El El El 8 organization? Have you provided one of the following documents as ❑ ❑ - applicable: • Copy of title or purchase agreement • Copy of facility lease or use agreements and/or contracts for an unexpired term of 25 years 9 • . For Development Projects, certification of ownership by the Applicant or evidence of land tenure sufficient to satisfy the County that the Project complies with the terms of the Ordinance 05-47 and BBC Administrative Rules. pre-Agreement Cheddist Page t of 4 Rev. October 2007 pre.Agreement Cheddist Page 2 of 4 Rev. October 2007 If purchasing a property, the following is required: (1) an 10 appraisal (two if the property exceeds $500,000); (ii) a Phase I ❑ ❑ ❑ environmental survey. Have you provided the following: a copy of the organization's most recent IRS Form 990, most recent audited budget performed by an independent certified public accountant for 11 the last completed fiscal year or a compilation statement ❑ ❑ ❑ encompassing the last completed fiscal year performed by an independent, certified public accountant attesting to the applicant's financial position as recorded? Have you provided your organizations policies and procedures ❑ ❑ Q 12 manual? Have you provided a current list with the names and addresses of your board members and officers and have you El ❑ ❑ 13 identified any members of your board who are Miami -Dade County government officers or employees? Have you provided a resolution from your board which, at a minimum: (i) authorizes the execution of the Funding Agreement; (ii) commits the organization to complete the Project; (iii) shows the name or title of the individual from your 14 organization given the authority to contract with the County ❑ ❑ ❑ and third party contractors; (iv) and as applicable, commits the organization to provide operating, maintenance, and programming funds upon completion of the Project, to the extent allowed by law? Have you provided a 2 -year management and budget plan for ❑ ❑ ❑ 16 the facility? Have you provided a letter of commitment of matching funds from government, foundation, private, organization's Board ❑ ❑ ❑ 16 Chairperson, or other secured source of matching funds if applicable? Have you provided budget justifications for the Construction, ❑ ❑ El El 17 Fixtures, and Furniture line items (FF&E)? pre.Agreement Cheddist Page 2 of 4 Rev. October 2007 Rev. October 2007 Pre- Agreement ChaddIst Page 3 of 4 Have you provided brief bios /resumes of staff and ❑ D ED 18 responsibilities pertaining to the Project? Is your Project consistent with the goals identified in the Miami -Dade County Strategic Plan? Submit a letter detailing 99 why it is consistent, including the need or problem you are to ❑ ❑ address, the population you serve, and how they will benefit from this Project? Have you provided the Disability Non- Discrimination Affidavit F1 El ❑ 20 form? . Have you provided an Affirmative Action Plan? Only required ❑ ❑ ❑ 2'! if your organizations annual gross revenues exceed $5 million. Have you provided the Domestic Violence Leave Affidavit ❑ ❑ ❑ 22 form? 23 Have you provided the Code of Business Ethics form? ❑ 24 Have you completed and provided the Universal Affidavit? ❑ Does your organization have any financial or legal liabilities ❑ ❑ and outstanding judgments? Respond to question on 25 organization's letterhead (can be combined with number 26 and 29). Does Miami -Dade County have any outstanding claims with your organization? Does your organization owe the County 26 any funds or is the County in litigation with your organization? ❑ ❑ ❑ Respond to question on organization's letterhead (can be combined with number 25 and 29). Have you provided a letter requested pre - agreement expenses as described in the Administrative Rules? If ❑ El El 27 1 year prior to first day of application submittal (9 -15-07) Have you provided a business plan and/or operating pro - forma, defining and identifying strategies to address the El D 2$ impact the Project will have on the organization's operational structure? 29 Have you read and understood the Building Better ❑ ❑ Rev. October 2007 Pre- Agreement ChaddIst Page 3 of 4 The County reserves the right to request additional documents and information as necessary to complete their review. Signature Print Name Title Date Pre - Agreement Checklist Page 4 of 4 Rev. October 2007 Communities Bond Program's administrative rules and standard grant agreement? Respond to question on organization's letterhead (can be combined with number 25 and 26). Have you completed this checklist, and included the 30 completed and signed checklist as part of your submission to D El El enter into a Grant Agreement? The County reserves the right to request additional documents and information as necessary to complete their review. Signature Print Name Title Date Pre - Agreement Checklist Page 4 of 4 Rev. October 2007 Miami -Dade County, Florida GOB HPF0708 SECTION 5 - ATTACB MENT 1 AFFIDAVIT OF MIANH -DADE COUNTY LOBBYIST REGISTRATION FOR ORAL PRESENTATION (1) Project Title: Project No.: (2) Department: (3) FimVProposer's Name: Address: Zi Business Telephone: (4) List All Members of the Presentation Team Who Will Be Participating in the Oral Presentation: NAME TITLE EMPLOYED BY TEL. NO. (ATTACH ADDITIONAL SHEET IF NECESSARY) The individuals named above are Registered and the Registration Fee is not required for the Oral Presentation ONLY. Proposers are advised that any individual substituted for or added to the presentation team after submittal of the proposal and filling by staff, MUST register with the Clerk of the Board and pay all applicable fees. Other than for the oral presentation, Proposers who wish to address the county commission, a county board or county committee concerning any action, decision or recommendation of county personnel regarding this solicitation MUST register with the Clerk of the Board (Form BCCFORM2DOC) and pay all applicable fees. I do solemnly swear that all the foregoing facts are true and correct and I have read or am familiar with the provisions of Section 2- 11.1(s) of the Code of Metropolitan Dade County as amended. Signature of Authorized Representative: Title: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this by , a (Individual, Officer, Partner or Agent) to me or who has produced Signature of person taking acknowledgement) (Name of Acknowledger typed, printed or stamped) (Title or Rank) (Serial Number, if any) , who is personally known (Sole Proprietor, Corporation or Partnership) as identification and who did/did not take an oath. A -2 Rev. IaI98 PART H: No Addendum was received in connection with this solicitation. Authorized Signature: Print Name: Federal Employer identification Number: Firm Name: City /State/Lip: Telephone: A -3 Rev. 1127100 Fax: Date: T itle: GOB HPF0708 Miami -Dade County, Florida SECTION 5 - ATTACHMENT 2 ACKNOWLEDGEMENT OF ADDENDA Instructions: Complete Part I or Part U, whichever is applicable. PART I: Listed below are the dates of issue for each Addendum received in connection with this solicitation. Addendum # 1, Dated 200-- - Addendum #2, Dated 200 Addendum #3, Dated 200 Addendum #4, Dated 200 Addendum #5, Dated 200_ Addendum #6, Dated 200 Addendum #7, Dated 200 Addendum #S, Dated 200 Addendum #9, Dated 200 PART H: No Addendum was received in connection with this solicitation. Authorized Signature: Print Name: Federal Employer identification Number: Firm Name: City /State/Lip: Telephone: A -3 Rev. 1127100 Fax: Date: T itle: Miami -Dade County, Florida GOB EFF0708 SECTION 5 - ATTACHMENT 3 DISABILITY NONDISCRIMINATION AFFIDAVIT CONTRACT REFERENCE: NAME OF FIRM, CORPORATION, OR ORGANIZATION: AUTHORIZED AGENT COMPLETING AFFIDAVIT: POSITION: 4 PHONE NUMBER: (_---) being duly fast sworn state: That the above named firm, corporation or organization is in compliance with and agrees to continue to comply with, and assure that any subcontractor, or third party contractor under this project complies with all applicable requirements of the laws listed below including, but not limited to, those provisions pertaining to employment, provision of programs and services, transportation, communications, access to facilities, renovations, and new construction. The Americans with Disabilities Act of 1990 (ADA), Pub. L. 101 - 336,104 Stat 327,42 U.S.C. 12101 -12213 and 47 U.S.C. Sections 225 and 611 including Title I, Employment; .Title II, Public Services; Title III, Public Accommodations and Services Operated by Private Entities; Title IV, Telecommunications; and Title V, Miscellaneous Provisions. The Rehabilitation Act of 1 973, 29 U.S.C. Section 794 The Federal Transit Act, as amended 49 U.S.C. Section 1612 The Fair Housing Act as amended, 42 U.S.C. Section 3601 -3631 Signature Date SUBSCRIBED AND SWORN TO (or affirmed) before me on' (Date) by- _ He/She is personally known to me or has (Afliant) presented (Type of Identification) (Signature of Notary) (Print or Stamp Name of Notary) Notary Public as identification. (Serial Number) (Expiration Date) Notary Seal (State) A-4 - Rev. 112198 GOB IRF0708 Miami-Dade County, Florida SECTION 5 - ATTACHMENT 4 LOCAL BUSINESS PREFERENCE Proposals submitted for this solicitation will be reviewed by the Evaluation/Selection Committee for Local Business Preference in accordance with Miami -Dade County Ordinance 94 -166 as amended by Ordinance 01 -21 and Resolution No. R- 514 -02, defining local business preference. A local business is defined as a proposer, which has a valid occupational license issued by Miami -Dade or Broward County at least one year prior to the proposal due date, to do business in Miami -Dade or Broward County and that authorizes the proposer to provide the goods, services or construction to be purchased; and, has a physical business address located within the limits of Miami -Dade and Broward County from which the proposer operates or performs business. (A Post Office Box is unacceptable.) If the Proposer is a local firm as defined above, the Proposer shall submit a copy of Its Miami - Dade or Broward Occupational License, which shall have been in effect one year prior to the proposal due date; and, evidence in the form of a lease or other such documentation, that is proof that the Proposer is located in Miami -Dade or Broward County. PLEASE CHECK IF APPLYING FOR LOCAL PREFERENCE YES 13 NO Proposer: Federal Employer Identification Number: Contact Name: Address: City /State/Zip: Telephone: (_ � Fax: (--- -) I hereby certify that to the best of my knowledge and belief all the foregoing facts are true and correct. - Signature of Authorized Representative: Title: Date: STATE OF COUNTY OF SUBSCRIBED AND SWORN TO (or affirmed) before me on (Date) by He /She is personally known to me or (Affant) has presented as identification. (Type of Identification) (Signature of Notary) (Serial Number) (Print or Stamp Name of Notary) Notary Public (State)' (Expiration Date) Notary Seal Form A -S Rev. 10102 47 CIO Z �U °ve O U a US �aa L_ a v .O A ct .. u Oeta z Ch V O L. h L bus q 0 U Gam. 0 s z x r .G 0 F? w LO. O A 7S d as u. O A 4 y v dqq d w E•F a a I � o v as O z a L a. r; v G 3 A W d a a Qi oq a� a co d °QQ•�'" tai 3a+ C 'd b �iib C " . Q C9 PC •� is G O a k elk a V �./ in " a u s O t.0 "am .90 a is � 3A �� �ac41a - 1 O 44 O 0 p� O m � o t; C O go co O Q 'v O w •� 4� •� fi Ct G C� CC7 ,'� ga 1 V PC CyA vi o 19 d d o H O V C1 4� s.A � i d 1=4 a E y tZ O w 0 A bO w U C\ 1r r4 O y N O yb L•d •O.0 4� S"." G y V a vi ti A m 9 R� b oVC 'CS 0:9 o o Ctl O•p yOy�� V a o aU o %moo � w LO. O A 7S d as u. O A 4 y v dqq d w E•F a a I � o v as O z a L a. r; v G 3 A W d a a Qi oq a� a co d Miami -Dade County, Florida GOB HPF0708 SECTION 5.- ATTACHMENT 6 AFFIRMATIVE ACTION PLAN EXEMPTION AFFIDAVIT (Ordinance 98 -30) Project No. Project Name: I being duly first sworn, upon deposes that Name of Company _ has a Board of Directors which is representative of the population make -up of the nation and hereby claims exemption in accordance with the requirements of Ordinance 98 -30. Said bidder has a current Board of Directors Disclosure form, as required by Ordinance 98 -30, processed and approved for filing with the Miami -Dade County Department of Business Development (DBD) under the file No. and the expiration date of Witness: Signature Witness: By: Signature The foregoing instrument was acknowledged before me this Signature Legal Name and Title _ day of FOR A CORPORATION, PARTNERSHIP OR JOINT VENTURE: By- having the title of with PLEASE NOTE: ,20 ❑ a corporation I] partnership O joint venture Ordinance 98 -30 requires that fu ms that have annual gross revenues in excess offroe (5) million dollars to have an affirmative action plan and Procurement Policy on file with the County. Firms that have Boards of Directors that are representative of the population make -up of the nation are exempt and must complete the affidavit For questions regarding these requirements contact the Miami-Dade County Department of Busyness Development at (305) 375 -3111. TFUS EXEMPTION AFFIDAVIT MUST BE PROPERLY EXECUTED BY THE BIDDER AND RLTURNED TO: Miami -Dade County Department of Business Development Stephen P. Clark Center 141 N.W. 4st Street, 'loth Floor Miami, FL 33128 -1900 A-8.1 Rev. 312/00 Miami -Dade County, Florida GOB HPF0709 SECTIONS -ATTACHMENT 7 AFFIRMATIVE ACTION PLAN /PROCUREMENT POLICY AFFIDAVIT (Ordinance 9 8-30) 1 being duly first sworn, upon oath deposes that has a current Affirmative Action Plan Name of Company and/or Procurement Policy, as required by Ordinance 98 -30, processed County Department of Business Development (DBD) under the file.No. expiration date of Witness: Witness: Signature Signature The foregoing instrument was acknowledged before me this FOR AN INDIVIDUAL ACTING IN HIS OWN RIGHT; By: and approved for filing with the Miami -Dade and the Signature By: Legal Name and Title _ day of 20 FOR A CORPORATION, PARTNERSHIP OR JOINT VENTURE: By: with 0 having the title of corporation ❑ partnership ❑ joint venture. ❑ DOES NOT APPLY -MY COMPANY'S REVENUE IS LESS THAN $5 MILLION Signature Date PLEASE NOTE: Ordinarm 82-37 requires that all property itcensed architectural, engineering landscape archi1eetw4 and land surveyor, have an ajbmative action plan on file with the County. Ordinance .08-30 requires that fmw that have animal gross revenue in excess of five (5) million dollars have an a,(/mn dw action plan and procurement policy on file with the Comfy Ifyour firm does not have an annual grass revenue in excess offeve (5) million donuts: check the above sigh and return this ojUavit only. Firms that have a Board of Directors that are representative of the population make -up of the nation are exempt and must complete and return THE FAEW77ONAFFIDAVIT only For questions regarding these requirements, please contact the Miami-Dade County Department of Business Development at 305 - 375 -3111. THIS AFFIDAVIT MUST BE PROPERLY EXECUTED BY THE BIDDER AND RETURNED TO: Miami -Dade County Department of Business Development Stephen F. Clark Center 111 N.W. 1st Street, 19th Floor ' Miami, FL 33128 -1900 A -8.2 Rev. 3/2/00 Miami -Dade County, Florida GOB B PF0708 SECTION 5 - ATTACHMENT 8 MIAMI -DADE COUNTY DOMESTIC VIOLENCE LEAVE AFFIDAVIT (County Ordinance No 99 -5 and Resolution No. R- 185-00) 1 , being first duly sworn state. Afant That in compliance with Ordinance No. 99 -5, Resolution No. R- 185 -00 and the Code of Miami Dade County, Florida, the following information is provided and is in compliance with all items in the aforementioned legislation. As an employer having, in the regular course of business, fifty (50) or more employees working in Miami -Dade County for each working day during each of twenty (20) or more calendar work weeks in the current or preceding calendar year, do hereby certify to be in compliance with the Domestic Leave Ordinance, codified at 11A -60 _et. seq., of the Miami -Dade County Code, and that the obligation to provide domestic violence leave to employees shall be a contractual obligation. By. 200 _ Signature of Affiant Date Printed Name of Affiant and Title Federal Employer identification Number Printed Name of Firm Address ofFirm SUBSCRIBED AND SWORN TO (or affirmed) before me this day of - -200 _ He /She is personally known to me or has presented as identification. Type of Identification Signature of Notary Serial Number Print or Stamp Name of Notary Expiration Date Notary Public — State of Notary Seal :.vamay have atsdav$doc REVISED WON Miami -Dade County, Florida Code of Business Ethics GOB BPF0708 SECTION 5 - ATTACHMENT 9 in accordance with Section 2- 8.1(1) of the Miami -Dade County Code, each person or entity that seeks to do business with the County shall adopt a Code of Business Ethics ( "Code ") and shall, prior to execution of any contract between the contractor and the County, submit an affidavit stating that the contractor has adopted a Code that complies with the requirements of Section 2- 8.1(1) of the Miami -Dade County Code. Any person or entity that fails to submit the required affidavit shall be Ineligible for contract award. The Code of Business Ethics shall apply to all business that the contractor does with the County and shall, at a minimum, require that the contractor: Comply with all applicable governmental rules and regulations including, among others, the Miami - Dade County Conflict of Interest and Code of Ethics Ordinance and the False Claims Ordinance. Comply with all applicable rules and regulations regarding Disadvantaged. Business Enterprises, Black Business Enterprises, Hispanic Business Enterprises and Women Business Enterprises (hereinafter collectively Minority Business Enterprises, "MBEs') and Community Small Business Enterprises (CSBE5) and shall specifically prohibit the following practices: • _Pass-through- Requirements. The Code shall prohibit pass- throughs whereby the prime firm requires that the MBE or CSBE firm accept payments as a MBE or CSBE and pass through those payments or a portion of those payments to another entity including, but not limited to the owner /operator of the prime firm; • Rental Space Equipment or Flat Overhead Fee Requirements. The Code shall prohibit rental space requirements, equipment requirements, and/or flat overhead fee requirements, whereby the prime firm requires the MBE or CSBE firm to rent space or equipment from the prime firm or charges a flat overhead fee for the use of space, equipment, secretary, etc.; ■ Staffing Requirements. The Code shall prohibit the prime firm from mandating, as a condition to inclusion in the project, that a MBE or CSBE hire, fire, or promote certain individuals not employed by the prime firm, or utilize staff employed or previously employed by the prime firm. ■ MBE or CSBE staff utilization. The Code shall prohibit the prime firm from requiring the MBE or CSBE firm to provide more staff than is necessary and then utilizing the MBE or CSBE staff for other work to be performed by the prime firm. ■ Fraudulently creating operating or representing MBE or CSBE. The Code shall prohibit a prime firm including, but not limited to, the owners /operators thereof from fraudulently creating, operating or representing an entity as a MBE or CSBE for purposes of qualifying for certification as a MBE or CSBE. • The Code shall also require that on any contract where MBE or CSBE participation is purported, the contract shall specify essential terms including, but not limited to, a specific statement regarding the percent of participation planned for MBEs or CSBEs, the timing of payments and when the work is to be performed. The failure of a contractor to comply with its Code of Business Ethics shall render any contract between the contractor and the County voidable, and subject violators to debarment from future County work pursuant to Section 10- 38(h)(2) of the Code. The Inspector General shall be authorized 'to investigate any alleged violation by a contractor of its Code of Business Ethics. GOB BPF0708 Miami -Dade County, Florida SECTION S - ATTACHMENT 9 CODE OF BUSINESS ETHICS [Section 2481(i), Code of Miami -Dade County] I, being duly sworn, hereby state and certify that this firm has adopted a Code of Business. Ethics that is fully compliant with the requirements of Section 2- 8.1(1) of the Code of Miami -Dade County as amended. I further acknowledge that failure to comply with the adopted Code of Business Ethics shall render any contract with Miami -Dade County voidable, and subject this firm to debarment from County worts pursuant to Section 10- 38(h)(2) of the Code of Miami -Dade County as amended. I further acknowledge that failure to submit this affidavit shall render this firm ineligible for contract award. LE Signature of A£f ant Printed Name and Title of Affiant 20 Date Federal Employer Identification Number Printed Name of Firm Address of Firm SUBSCRIBED AND SWORN TO (of affirmed) before me this __flay of ,20 He /She is personally known to me or has presented as identification. Type of Identification Signature of Notary Print or Stamped Name of Notary Notary Public, State of Serial Number . Expiration Date A -12 Rev. 7112101 Section 6.1 MIAMI -DADE COUNTY BUILDING BETTER COMMUNITIES GRANT AGREEMENT GOB Project Number /[Project Name} This 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 "Board ") and a Florida nonprofit corporation (the "Grantee ") is entered into this day of , 2007. WITNESSETH: WHEREAS, on July 20, 2004, the Board adopted 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 "BBC GOB Program"); and WHEREAS, the aforementioned Resolutions include specific projects such as but not limited to development, improvement, rehabilitation, restoration or acquisition of real property; and WHEREAS, the Grantee is undertaking completion of [describe project] (the "Project's which was specifically approved as part of the BBC GOB Program or is eligible for funding from one of the programs to be funded under the BBC GOB Program and is described more specifically in Exhibit 1 to this Grant Agreement; and WHEREAS, the [Project Name] is estimated to cost [total Project Cost] (the "Total Project Cost ") and will be funded from the sources listed in Exhibit 1; and WHEREAS, the [name of projectyGOB Project Number is eligible for funding from the BBC GOB Program in a total amount not to exceed [Total GOB Project Allocation] (the "Funding Allocation'; and , WHEREAS, pursuant to the terms of this Agreement the County has agreed to allocate from the Series A 2005 Bonds for the Project (the "Funding Cycle Allocation " ); and WHEREAS, the Project physically improves an area, facility, resource or site to increase its ability or capacity to serve the public; and WHEREAS, the County and the Board of Directors of the Grantee have authorized, by resolution, their respective representatives to enter into this Agreement Building Better Communities Grant 1 of 14 Rev. 7106 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 Manager to execute such agreements and other required contracts and documents, to expend Building Better Communities bond funds received for the purpose described in the approved funding allocation, 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. Parties, Effective Date and Term: The parties to this Agreement are the Grantee and the County. The County has delegated the responsibility of administering this grant to the County Manager, or his designee, who shall be referred to herein as the "County Manager." This Agreement shall take effect upon execution and shall terminate upon * the completion of the Project, including the completion of all final closeout documentation. Section 2. Amount of Funding Cycle Allocation and Payment Schedule: 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 Grantee through 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. The County agrees to provide solely from the BBC GOB Program proceeds for -the Funding Cycle Allocation an amount equal to . This amount represents [all] [a portion] of the amount necessary to complete the Project. By making this grant, Miami -Dade County assumes no obligation to provide financial support of any type whatever in excess of the- Funding Allocation. Cost overruns are the sole responsibility of the Grantee. The Funding Cycle Allocation shall be provided in accordance with the Administrative Rules which are attached as Attachment 1 ( "Administrative Rules ") and incorporated in. this Agreement by this .reference. In the event that the Funding Cycle Allocation is not expended on schedule, additional allocations may be delayed for one calendar year or more depending on the bond schedule, in accordance with the Administrative Rules and Section 22 of this Agreement. Payment(s) of Funding Cycle Allocation funds will be made to the .Grantee pursuant to the reimbursement provisions in the Administrative Rules and its Exhibits. Miami -Dade County shall only be obligated to reimburse the Grantee provided the Grantee is not in breach of this Agreement and the Grantee 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 solely from the BBC GOB Program funds. The Grantee shall be solely responsible for submitting all documentation, as required by this Agreement and by the Administrative Rules, to the County Manager. Building Better Communities Grant 2 of 14 Rev. 7106 Section 3. Project Description: The Grantee may only use the Funding Cycle Allocation for the purpose of purchasing, building, renovating and /or equipping facilities for the Project as specifically described in Exhibit 1. Further, it Is expressly understood and agreed, that the Grantee's Project which is supported by Funding Cycle' Allocation must be open and accessible to- the public, provide public exposure and benefit the public unless otherwise noted under Section 25 of this Agreement. For at least thirty (34) years from the completion of the Project, the Grantee shall use the facility and /or equipment acquired and /or improved under the' Project for activities benefiting the public, and for no other purposes. The Grantee agrees to: a) maintain the Project; b) keep the Project open to all Miami -Dade County residents; and (c) allow all Miami -Dade County residents equal access and use of the Project. If the Grantee wishes to revise the Project for the purpose of completing the Project and such revisions substantially alter the original Project, the Grantee must request in writing that the County Manager review and approve such revisions. Grantee's request must be given at least fourteen (14) days prior to implementation of revisions. The County Manager will make the final determination on revisions within fourteen (14) business days of the date of receipt of the request in the County Manager's offices. Section 4. Project Budget: The Grantee agrees to demonstrate fiscal stability and the ability to administer the Funding Cycle Allocation responsibly and in accordance with standard accounting practices by developing and adhering to a Project budget that is based upon reasonable revenue development and expenditures projected to complete the Project within the Total Project Cost. This Project budget is- attached as Exhibit 1. Further, Grantee agrees that all expenditures will be subject to the terms of this Agreement. If Grantee wishes to revise the budget for the purpose of completing the Project, including line item changes, and such revisions substantially alter the original Project, the Grantee must request in writing that the County Manager review and approve such revisions. Grantee's request must be given at least fourteen (14) days prior to implementation of the revisions. The County Manager will make the final determination on revisions within fourteen (14) business days of the date of receipt of the request in the County Manager's offices. Section 5. Expenditure Deadline: The Grantee shall spend.or commit all of the Funding Cycle Allocation and matching funds on or, before (the "Expenditure Deadline"). Any Funding Cycle Allocation funds not spent or committed by the Expenditure Deadline or for which a Project extension has not been requested shall revert to the County and this Agreement shall be terminated in accordance with the provisions of this Agreement. A Project extension may be requested in writing from the County Manager at least thirty (34) business days prior to the Expenditure Deadline. The County Manager, at his discretion, may grant an extension of up to one (1) year from the Expenditure Deadline so long as such extension will not significantly after the Project including its quality, impact, or benefit to the organization, the County or its citizens. Additional extensions may be authorized by the County Manager if the Grantee can document in a written request sufficient Project progress and cause for such an extension to be warranted. Building Better Communities Grant 3 of 14 Rev. 7/06 Section 6. Report Deadline: To demonstrate that the Funding Cycle Allocation has been used in accordance with the Project Description and Project budget information as outlined in Exhibit 1 and that Grantee has met and fulfilled all requirements as outlined in this Agreement, exhibits, and/or other substantive materials as may be attached or included as a condition to this Funding Cycle Allocation award, the Grantee must submit to the County Manager, a written report documenting that the Grantee is meeting or has fulfilled all Project and financial requirements. This report is to be received by the County Manager monthly. The Grantee shall also submit a written report to the County Manager on or prior to September 30th of each year from the time of the execution of this Agreement through the termination of this Agreement demonstrating that the Grantee is fulfilling, or has fulfilled, its purpose, and has complied with all applicable municipal, Miami -Dade County, state and federal requirements: The County Manager may also request that a compilation statement or independent financial audit and accounting for the expenditure of Funding Cycle Allocation funds be prepared by an independent certified public accountant at the expense of the Grantee. In the event that the Grantee falls to submit the required reports as regbired above, the County Manager may terminate this Agreement in accordance with Section 15.. Further, the County Manager must approve these reports for the Grantee to be deemed to have met all conditions of the grant award. Section 7. Program Monitoring and Evaluation: The County Manager may monitor and conduct an evaluation of the Grantee's operations and the Project, which may include visits by County representatives to: observe the Project or Grantee's programs, procedures, and operations; discuss the Grantee's programs with the Grantee's personnel; and/or evaluate the public impact of the Project. Upon request, the Grantee shall provide the County Manager with notice of all meetings of its Board of Directors or governing board, general activities and Project - related events. In the event the- County Manager concludes,- as a- result of such monitoring and /or evaluation, that the Grantee is not in compliance with the terms of this Agreement or the Administrative Rules or for other reasons which significantly impact on the Grantee's ability to fulfill the conditions of this Funding Cycle Allocation award, then the County Manager must provide in writing to the Grantee, within thirty (30) days of the date of said monitoring/evaluation, notice of the inadequacy or deficiencies noted which may significantly impact on the Grantee's ability to complete the Project or fulfill the terms of this Agreement within a reasonable time frame. If Grantee refuses or is unable to address the areas of concern within thirty (30) days of receipt of such notice from the County Manager, then the County Manager, at his discretion, may take other actions which may include reduction or rescission of the Funding Cycle Allocation award, or withholding Funding Cycle Allocation funds until such time as the Grantee can demonstrate that such issues have been corrected. Further, in the event that the Grantee does not expend the Funding Cycle Allocation for the Project or uses any portion of the Funding Cycle Allocation for costs not associated with the Project and the Grantee refuses or is unable to address the areas of concern, then the County Manager may request the return of the full or partial Funding Cycle Allocation award. The County Manager may also institute a moratorium on applications from the Grantee to County Rev. 7/a6 BO Better communities Grant 4 of 14 uil grants programs for a period of up to one (1) year or until the deficient areas have been addressed to the satisfaction of the County Manager, whichever occurs first. If the Project involves construction work, the Grantee shall: notify the County Manager of any applicable federal labor compliance requirements regarding procurement and pre -award procedures prior to scheduling pre - construction conferences; submit to the County Manager all plans and specifications and receive the approval of the County Manager prior to issuance and implementation; and comply with all applicable provisions of municipal, state, federal and County laws, regulations and rules. Section 8. Bank Accounts and Bonding: Monies received pursuant to this Agreement shall be kept in accounts in established Florida banks, credit unions or savings and loan associations whose identity shall be. disclosed in writing, with the identity and title of individuals whom the Grantee authorizes to withdraw or write checks on Funding Cycle Allocation funds from the banking institution identified on the "Bank Account Disclosure" form submitted by the Grantee. These accounts must be segregated from other accounts maintained by the Grantee. All persons authorized to withdraw funds from the Funding Cycle Allocation account must be bonded by a reputable licensed firm. Section 9. Accounting and Financial Review: The Grantee must keep accurate and complete books and records for all receipts and expenditures of this Funding Cycle Allocation award and any matching funds required in conformance with reasonable general accounting standards. These books and records, as well as all documents pertaining to payments received and made in conjunction with the Funding Cycle Allocation, such as vouchers, bills, invoices, receipts and canceled checks, shall be retained in Miami -Dade County in a secure place and in an orderly fashion by the Grantee for at least three (3) years after the later of: the Expenditure Deadline specified in Section 5; the extended Expenditure Deadline, as approved by the County Manager, if any; the completion of a County requested or mandated audit or compliance review; or .the conclusion of a legal action involving the Funding Cycle Allocation award, the Grantee. and/or Project or activities related to the Funding Cycle Allocation award. The County Manager may examine these books, records and documents at the Grantee's offices or other approved site under the direct control and supervision of the Grantee during regular business hours and upon reasonable notice. Furthermore, the County Manager may, upon reasonable notice and at the County's expense, audit or have audited all financial records of the Grantee, whether or not purported to be related to this grant. Pursuant to Section 2 -1076 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 Office of the MIAMI -DADE COUNTY INSPECTOR GENERAL (IG) 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. Rev. 7/06 Building Better Communities Grant 5 of 14 As such, the IG 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 IG 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 Grantee 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 IG shall have the power to subpoena witnesses, administer oaths and require the production of records. Upon ten (10) days written notice to the Grantee (and any affected contractor and materialman) from IG, the Grantee (and any affected contractor and materialman) shall make all requested records and documents avaiEable to the IG for inspection and copying. The IG 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, within budget and in conformity with plans, specifications, and applicable law. The IG shall have the power to analyze the need for, and reasonableness of, proposed change orders. The IG 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 Grantee, its contractors and their respective officers, agents and employees. The Grantee shall incorporate the provisions - Ih this -section iri -all - whtfddts . and' ail 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 Grantee, 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 Grantee. . Section 10: Publicity and Credits: The Grantee 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." Section 11. Naming Rights and Advertisements: 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 at least once. 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. Building Better communities Grant 6 of 14 Rev. 7/06 Section 12. Liability and Indemnification: It is expressly understood and intended that the Grantee, as the recipient of BBC GOB Program funds, is not an officer, employee or agent of Miami -Dade County, its Board of County Commissioners, its Mayor, nor the Miami -Dade County Department administering the Funding Cycle Allocation award. Further, for purposes of this Agreement, the Project or activity, the parties hereto agree that the Grantee, its officers, agents and employees are independent contractors and solely responsible for the Project. The Grantee shall take all actions as may be necessary to ensure that its officers, agents, employees, assignees and/or subcontractors shall not act as nor give the appearance of that of an agent, servant, joint venturer, collaborator or partner of the Department administering this Grant, the Miami -Dade County Mayor, the Miami -Dade County Board of County Commissioners, or its employees. 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. The Grantee agrees to be responsible for all work performed and all expenses incurred in connection with the Project. The Grantee may subcontract as necessary to complete the Project, including entering into subcontracts with vendors for services and commodities, provided that it is understood by the Grantee that the County shall not be liable to the subcontractor for any expenses or liabilities incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor for- all expenses and liabilities incurred under the subcontract. The- Grantee shall-indemnify and hold harmless the County and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the County or its officers, employees, agents or instrumentalities may Incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Agreement by the Grantee or its employees, agents, servants, partners, principals, subconsultants or subcontractors. Grantee shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits, or actions of any kind or nature in the name of the County, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorneys' fees which may issue thereon. Grantee expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the Grantee shall in no way limit the responsibility to indemnify, keep and- save harmless and defend the County or its officers, employees, agents and instrumentalities as herein provided. Section 13. Assignment: The Grantee is not permitted to assign this Agreement or any portion thereof. Any purported assignment will render this Agreement null and void and subject to immediate rescission of the full amount of the Building Better communities Grant 7 of 14 Rev. 7106 Funding Cycle Allocation award and reimbursement by the Grantee of its full value to the County. Section 14. Compliance with Laws: It shall be a contractual obligation of the Grantee hereunder and the Grantee 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, all disclosure requirements imposed by Section 2 -8.1 of the Miami -Dade County Code, all requirements of Miami -Dade County Ordinance No. 90 -133 (amending Section 2 -8.1), County Resolution No R- 754 -93 (insurance Affidavit), County Ordinance No. 92 -15 (Drug -Free Workplace), and County Ordinance No. 91 -142 (Family Leave Affidavit), execution of public entity crimes disclosure statement, Miami -Dade County disability non- discrimination affidavit, and Miami -Dade County criminal record affidavit, all applicable requirements of Miami -Dade County Ordinance No. 90 -90 as amended 'by Ordinance 90 -133 (Fair Wage Ordinance), Section 2 -11.15 of the Code (Art in Public Places), the requirements of Section 2 -1701 of the Code and all other applicable requirements contained in this Agreement. -The' - Grantee- shall comply with Miatm =Dade- County Resolution No. R- 385 -98 which creates a policy prohibiting contracts with firms violating the Americans with Disabilities Act of 1990 and other laws prohibiting discrimination on the basis of disability and shall execute a Miami -Dade County Disability Nan - Discrimination Affidavit confirming such compliance. The Grantee covenants and agrees with the County to comply with Miami -Dade County Ordinance No. 72 -82 (Conflict of Interest), Resolution No.. R -1049 93 (Affirmative Action Plan Furtherance and Compliance), and Resolution No. R.- 185 -00 (Domestic Leave Ordinance). All records of the Grantee 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 Sec. 2 -1076 of the Code of Miami -Dade County. The Grantee shall cause each. contract to include a provision that contractor shall comply with all requirements of Section 2 -1076 as provided in Section 9 herein, and that Building Better Communities Grant 8 of 14 Rev. 7106 contractor will maintain all files, records, accounts of expenditures for contractor's portion of the Work and that such records shall maintained within Miami -Dade County and County shall have access thereto as provided in this Agreement. The Grantee has certifiably indicated compliance to certain Applicable Laws by properly executing the affidavits attached hereto. See affidavits for specific provisions and declarations described. Section 15. Breach, Opportunity to Cure and Termination: (a) Each of the following shall constitute a default by the Grantee: (1} If the Grantee uses the Funding Cycle Allocation for costs not associated with the Project (i.e. ineligible costs), and the Grantee fails to cure its default within thirty (30) days after written notice of the default is given to the Grantee 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 Grantee commences diligently and thereafter continues to cure. (2) If the Grantee shall breach any of the other covenants or provisions in this Agreement other than as referred to in Section 15(a)(1) and the Grantee falls to cure its default within thirty (30) days after written notice of the default is given to the Grantee 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 Grantee commences diligently and thereafter continues to cure. (b) Each of the following shall constitute a default by the County: (1)- ......If. .the..County.. shall. .breach .any . of. the. -covenants. or. p rovisions,. 1 n. 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 Grantee; 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 15(a)(1) and such default is not cured within the applicable grace period, in addition to all other remedies conferred by this Agreement, the Grantee 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 performance, permanent, preliminary or temporary injunctive relief, and any other kind of equitable remedy). Building Better Communities Grant 9 of 14 Rev. 7/06 (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. in (4) Any failure of a party to exercise any right or remedy. . y provided of any claim this Agreement shall not be deemed a waiver by that party 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 15(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. In the event this grant is canceled or the Grantee is requested to repay Funding Cycle Allocation funds because of a breach of this Agreement, the Grantee will not be eligible to apply to the County for another grant for a period of one (1) year, commencing on the date the Grantee receives the notice in writing of the breach of this Agreement. Further, the Grantee will be liable to reimburse Miami -Dade County for all unauthorized expenditures discovered after the expiration or termination of this Agreement. The Grantee will also be liable to reimburse the County for all lost or stolen Funding Cycle Allocation funds. Funding Cycle Allocation funds which are to be repaid to the County pursuant to this Section or other sections in this Agreement, are to be repaid by delivering to the County Manager a certified check for the total amount due payable to Miami -Dade County Board of County Commissioners. These provisions do not waive or preclude the County from pursuing any other remedy, which may be available to it under the law. Section 16. Waiver: There shall be no waiver of any right related to this Agreement unless in writing and signed by the parry 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. Building Better communities Grant 1 o of 14 Rev. 7/06 Section 17. Written Notices: 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 business day after being sent by reputable overnight carrier or 3 business day 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: Grantee: George M. Burgess, County Manager Miami -Dade County 111 N.W. 1st Street (29th Floor) Miami, Ff. 33128 Section 18. Captions: Captions as used in this Agreement are for convenience of reference only and do not constitute a part of this Agreement and shall not affect the meaning or interpretation of any provisions herein. Section 19. Contract Represents Total 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. In the event a of conflict between this Agreement and any of its attachments or exhibits, this Agreement shall prevail. Section 20. Litigation CostsNenue: In the event that the Grantee 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 Grantee 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. Building Better Communities Grant 11 of 14 Rev. 7/06 Section 21. Representation of the Grantee: The Grantee represents that this Agreement has been duly authorized, executed and delivered by the governing body of the Grantee and it has granted , or his designee, the required power and authority to execute this Agreement. The Grantee agrees to a) maintain the Project for a minimum of twenty -five (25) years, b) agrees to govern itself, in regards to the subject Project, in accordance with Article 6 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. The Grantee also agrees to accept and comply with the Administrative Rules as stated in Attachment 1. The Grantee shall be solely responsible for submitting all documentation required by the Administrative Rules to the County Manager or his designee. Section 22. 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 Manager the required power and authority to execute this Agreement. The County agrees to provide the Funding Cycle Allocation to the Grantee 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). Miami - Dade County shall only be obligated to reimburse the Grantee provided the Grantee is not in breach of this Agreement and the Grantee 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. Section 23. ]Invalidity of Provisions, Severabitity: 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 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 24. Insurance The Grantee must maintain and shall furnish upon request to the County Manager, certificates of insurance indicating that insurance has been obtained which meets the requirements as outlined below: 1. Workmen's Compensation Insurance for all employees of the Grantee as required by Florida Statute 44. 2. Public Liability insurance on a comprehensive policy in an amount not less than $300,000 combined single limit per occurrence for bodily injury and property damage. Rev. 7/06 Building Better communities Grant 12 of 14 3. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with the project, in an amount not less than $300,000 combined single limit per occurrence for bodily injury and property damage. The insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: 1. The Company must be rated no less than "B" as to the management, and no less than "Class W as to financial strength by the latest edition of Best's Insurance Guide, published by. A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the approval of the County Risk Management Division; or, 2. The Company must hold a valid Florida Certificate of Authority as shown. in the latest "List of All Insurance Companies Authorized or Approved to Do Business in Florida," issued by the State of Florida Department of Insurance, and is a member of the Florida Guaranty Fund. Certificates shall indicate no modification or change in insurance shall be made without thirty (30) days written advance notice to the certificate holder. Modification or waiver of any of the aforementioned insurance requirements is subject to the approval of the County's Risk Management Division. The Grantee shall notify the County of any intended changes. in insurance coverage, including any renewals of existing policies. Section 25. Special Conditions. The grant is awarded to this Grantee with the understanding that the Grantee. is performing a public purpose through the programs, projects, and services recommended for support. Use of these funds for any program component not meeting this condition will be considered a material breach of the terms of this Agreement and will allow Miami -Dade County to seek remedies including, but not limited to those outlined in the Sections and Exhibits of this Grant Agreement. Building Better Communities Grant 13 of 14 Rev. 7/06 IN WITNESS WHEREOF, the parties hereto have executed this Agreement: ATTEST: MIAMI -DADE COUNTY, FLORIDA By its BOARD OF COUNTY COMMISSIONERS on the HARVEY RUVIN, CLERK day of _ ,2007 By: Deputy Clerk By: 1. County Mayor (Grantee's Corporate Seal) Approved by County Attorney as to form and legal sufficiency. GRANTEE: on the day of . 2007 Federal Identification By Chairman or President Type or Print Above- Signature By Treasurer/ Chief Fiscal Officer Type or Print Above Signature By Executive Director Type or Print Above Signature Building Better Communities Grant 14 of 14 Rev. 7/06 Section 6.2 AGREEMENT BETWEEN THE CITY OF - FLORIDA AND MIAMI -DADS' COUNTY GOB Project Number /Project Name THIS 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 "Board ") and the City of 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 Florida (the "Municipality") is entered into this day of .2007. 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 $2.926 billion in general obligation bonds for capital projects and on November 2, 2004, a majority of those voting approved the bond program (the "BBC GOB Program "); and WHEREAS, the aforementioned Resolutions include specific countywide projects, neighborhood projects for the Unincorporated Municipal Service Area and municipalities and associated allocations for activities such as but not limited to development, improvement, rehabilitation, restoration or acquisition of real property; and WHEREAS, [GOB Project Number /Project Name], (the "Project") is eligible for funding from the BBC GOB Program in a total amount not to exceed [Total GOB Project Allocation] (the "Funding Allocation "); and WHEREAS, the Municipality is undertaking completion of [Describe Project] which was specifically approved as part of the BBC GOB Program or is eligible for funding from one of the programs to be funded under the BBC GOB Program; and WHEREAS, the [Project Name] is estimated to cost [Total Project Cost] (the `Total Project Cost") and will be funded from the sources listed in Exhibit 1; and Building Better Communities Municipal Agreement 1 Of 10 Rev. 7/06 WHEREAS, pursuant to the terms of this Agreement the County has agreed to allocate [$] from the Series A 2005 Bonds for the Project (the "Funding Cycle Allocation "); and WHEREAS, the Commissioners of both the County and the Municipality have authorized, by resolution, their respective managers 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 Manager to execute such agreements, sub - agreements and other required contracts and documents, to expend Building Better Communities bond funds received for the and cove described in the contained herein and the mu consideration the mutual promises tual 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 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. b. 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.. _ C. Responsibilities of the County: The County agrees to provide solely from BBC GOB Program proceeds for the Funding Cycle Allocation-in an amount equal to $ This amount represents a portion of the amount necessary to complete the Project. This sum shall be provided in accordance with the reimbursement procedures contained in the County's GOB Administrative Rules attached as Attachment 1. in the event that the Project Milestones, as defined and set forth in Exhibit 1 of this Agreement are not within 10% of completion, the dollars to be funded for subsequent Milestones may be delayed for one calendar year in accordance with'the Administrative Rules, see Section 18 of this Agreement. Section 3. 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. Section 4. Compliance with Codes and Laws: Each party agrees to abide by all Applicable Laws necessary for the development and completion of the Project. Rev. 7146 Building Beam Communitics Municipal Agreement 2 of 10 "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 Attachment 1, which exhibit 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 Sec. 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 maintained within Miami -Dade County and County shall have acces6 thereto.as_provided in this Agreement. 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. Access 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. Building Better Communities Municipal Agreement 3 of 10 RCv. 7/06 Pursuant to Section 2 -1076 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 Office of the MIAMI -DADE COUNTY INSPECTOR GENERAL (IG) 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 IG 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 IG shall have the power to retain and coordinate the services of an Independent Private Sector Inspector General (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 IG 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 material man) shall make all requestedarecords andndocuaffected men s contractor and ) available to the IG for inspection and copying. The IG 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;" within budget and in conformity with plans, specifications, and applicable law. The IG shall have the power to analyze the need for, and reasonableness of, proposed change orders. The IG 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. Rev. 7/06 Building Better Communities Municipal Agreement 4 of 10 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 the Funding Cycle Allocation for costs not associated with the Project (i.e. 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 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 falls 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. (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) Building Botter Communities Municipal Agreement 5 of 10 Rev. 7106 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 Building Better Communities Municipal Agreement 6 of 10 Rev. 7/66 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 (2.) hereunder. Either party may institute litigation to recover damages for any default or to obtain any other remedy at law or in equity (including specific performance, permanent, preliminary or temporary injunctive relief, and any other kind of equitable (3) remedy). 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. (4) Any failure of a party to exercise any right or remedy as in this Agreement shall not be deemed a waiver by that provided 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 (3) termination. Upon termination of this Agreement pursuant to Section 9(d)(1) above, no party shall have any further liability or obligation to the other parry 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 Building Better Communities Municipal Agreement 6 of 10 Rev. 7/66 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: 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 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." 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 business day after being sent by reputable overnight carrier or 3 business day 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: The Municipality: 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. shalt 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. 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 Rev. 7/06 Building Better Communities Municipal Agreement 7 of 10 or failure to exercise aright 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 Commissioners, as the governing body of the City of _ Florida and it has granted the City Manager, or his 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 6 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 Manager the required power and authority to execute this Agreement. The County agrees to provide the Funding Cycle 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). 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 Manager or his designee for this purpose. Section 19. invalidity of Provislons, 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 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. Building Better Communities Municipal Agreement 8 of 10 Rev. 7%06 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 any one person which exceeds the sum of $100,000, or any claim or ' judgments or portions thereof, which when totaled with all other occurrences, exceeds the sum of $200,000 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 any one person which exceeds the sum of $100,000, or any claim or judgments or portions thereof, which when totaled with all other occurrences, exceeds the sum of $200,000 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. Rev. 7/06 Building Better communities Municipal Agreement 9 of 10 IN WITNESS THEREOF, the parties through their duly authorized representatives hereby execute this AGREEMENT with an effective date of 2007. City of ; Florida Rv- City Manager Date For the Board of Commissioners, City of , Florida CLERK Attest: By: Clerk Date MIAMI -DADE COUNTY, FLORIDA Bv_ 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 Approved by County Attorney as to form and legal sufficiency. Building Better Communities Municipal Agreement 10 of 10 Rev. 7/06 Section 6.3 BUILDING BETTER COMMUNITIES GENERAL OBLIGATION BOND PROGRAM ADMINISTRATIVE RULES TABLE OF CONTENTS ARTICLE I — GENERAL CONDITIONS Page 2 SECTION 1. BACKGROUND Page 2 SECTION 2. SCOPE Page 2 SECTION 3. GENERAL Page 2 SECTION 4. DEFINITIONS Page 2. ARTICLE 11 FUNDING PROCEDURES Page 5 SECTION 1. FUNDING CYCLES; APPLICATION SUBMISSION PERIODS Page 5 SECTION 2. FUNDING APPLICATION Page 6 SECTION 3. ELIGIBILITY REQUIRENIENTS Page 7 SECTION 4. ELIGIBILITY DETERMINATION AND EVALUATION .Page 9 ARTICLE III — GRANT ADW%STRATION Page 11 SECTION 1. FUNDING ALLOCATION ADMINISTRATION & REIMBURSEMENT POLICY Page 11 SECTION 2. COMPLIANCE RESPONSIBILITIES Page SECTION 3. REPORTS Page 21 1 Page 21 SECTION 4. PROJECT CLOSE -OUT SECTION 5. INTERPRETATION; ADMINISTRATION Page 22 Building Better Communities Administrative Rules 1 of 23 Rev. 1107 ARTICLE I - GENERAL CONDITIONS SECTION 1. BACKGROUND These administrative rules govern the implementation by Miami -Dade County (the "County ") of its Building Better Communities General Obligation Bond Program as established by Ordinance No. 05-47 (the "Ordinance"). SECTION 2. SCOPE These administrative rules have been prepared to address the administration and allocation of funds for the projects and programs identified in the Building Better Communities General Obligation Bond Program (BBC GOB Program). In addition to the funding of Projects specifically listed in the. BBC GOB Program, eligible projects may be funded through the application process described in these administrative rules with monies from four (4) funds. The funds are the Historical Preservation Fund, the Economic Development Fund, the Not - for -Profit Community Organization Capital Fund and the Primary Health Care Facilities Fund (collectively, the "Funds "). SECTION 3. GENERAL All recipients of funding for specific projects identified in the BBC GOB Program and for projects approved for funding from one of the - Funds are required to follow these administrative rules. Failure to do so may lead to disqualification. Additional copies of the administrative rules and/or application materials may be obtained by contacting the County Manager's Office. All inquiries, correspondence and applications for the BBC GOB Program should be addressed to: Miami -Dade County County Manager's Office 111 NW 1 Street Suite 2910 Miami, Florida 33128 Attention: Roger T. Hernstadt or to a Department or agency of Miami -Dade County, serving as the County Manager's Designated Representative. SECTION 4. DEFINITIONS The following is a list of terms and definitions that are used in these administrative rules: "Acquisition" means the act of obtaining real property ind/or capital assets or interests and rights in real property and/or capital assets by various legal means to serve public purposes. "Applicant" means a Public Agency, not - for -profit organization, Municipality or other entity eligible to participate in the BBC GOB Program, which submits a Funding Application Package to the County during an announced Application Submission Period. Building Better Communities Administrative Rules Rev. 1/07 2 of 23 I means the process described in these rules to make a formal request for Funding Allocation which remains open until the execution of a Grant Agreement or Interlocal Agreement, as the case may be, or a decision by the County not to provide a Total Funding Allocation. "Application Submission Period" means the formally announced period of time for the submission of a Funding Application Package in a given Funding Cycle. "Board of County Commissioners" or `Board" means the legislative and the governing body of the County. "Community -Based Organization (CBO)" shall refer to any not - for -profit 501(c)(3) agency, group, organization, society, association, partnership or individual whose primary purpose is to provide a'community service designed to improve or enhance the well -being of the community of Miami -Dade County at large or to improve or enhance the well -being of certain individuals within this community who have special needs. "County" means Miami -Dade County, Florida. "County Manager" or "Manager" means the head of the administrative branch of the County government or his/her designated representative. "Development" means the act of physically improving an area, facility, resource or site to increase its ability or capacity to serve the public. "Designated Projects" means the specific Projects approved by the Board in the Ordinance and the electors on November 2, 2004 for inclusion in the BBC GOB Program. "Fixtures, Furniture and Equipment (ME)" means 1) Fixtures - items that are permanently affixed to the building or property, i.e., doors, bathroom stalls,. A/C units-, etc.; 2) Furniture - indoor furnishings needed to allow proper use of a building, i.e., desks., chairs, tables, workstations, etc.; and 3) Equipment - non - consumable tangible property with a life of at least one year that is directly related to the funded project, such as bleachers for courts, audio /visual equipment for community rooms, computers for computer labs, portable basketball goals for gymnasiums, etc. "Fund Projects" means the specific Projects approved by the County pursuant to these administrative rules for a Funding Allocation from one of the Funds. "hands" means any and/or all of the following four funds included in the BBC GOB Program to address grant requests for Fund Projects: the Economic Development Fund, the Historical Preservation Fund, the Not - for - Profit Community Organization Capital Fund and the Primary Healthcare Facilities Fund. "Funding'Cycle Allocation , means Building Better Communities General Obligation Bond funds approved by the Board in a given year for use by a Recipient for implementation of a Project pursuant to these administrative rules. "Funding Allocation" means (i) the total amount of Building Better Communities General Obligation Bond funds approved by the Board on July 20, 2004 for use by a Recipient for a specific Building Better Communities Administrative Rules Rev. 1/07 3 of 23 Project; or (ii) the total amount approved by the County from a Fund for use by a Recipient for a specific Project. "Funding Application Form" means the base application form provided by the County Manager to be completed by the Applicant and submitted as part of the Funding Application Package. "Funding Application Package" means the complete submittal package required by these administrative rules and submitted by an Applicant for a Project. (See Article II, Section 2). "Funding Cycle" means the time between the opening of an Application Submission Period and the approval by the Board of the Projects to receive a Funding Cycle Allocation from the next series of general obligation bonds. "Grant Agreement" means an executed grant agreement between the County and a Recipient (other than a grant to a Municipality or Public Agency, which grant will be evidenced by an executed Interlocal Agreement) setting forth mutual obligations regarding a Funding Cycle Allocation for a Project. "Interlocal Agreement" means an executed grant agreement between the County and a Recipient that is a Municipality or Public Agency setting forth mutual obligations regarding a Funding Cycle Allocation for a Project. "Match" means cash committed by the Recipient, as stipulated in the approved Grant Agreement or the Interlocal Agreement, as the case may be, to complement funding awarded from the BBC GOB Program. 4'Municipality" means a political unit, such as a city, town, or village, incorporated for local self - government within the confines of Miami -Dade County. "Ordinance" means the Building Better Communities General Obligation Bond Ordinance No. 05- 47. "Pre- Agreement Expenses" means eligible expenses identified in Article III, Section 1(B) of these rules incurred by a Recipient for accomplishment of a Project prior to full execution of a Grant Agreement or an Interlocal Agreement, as the case may be. "Project" means each Designated Project or Fund Project, as the case may be, identified in a Funding Application Package and approved by the County for a Funding Allocation. "Public Agency or Public Agencies" means an agency or agencies or administrative division or divisions of the United States government, the State of Florida, the County, or any municipality within the County. "Recipient" means an entity receiving a Funding Allocation. "Soft Costs" means real and verifiable expenditures for administration, project management (not related to construction supervision), indirect costs ( accountinglpurchasinglpersonnel, etc.}, imposed fees (e.g., permit processing fees) and those costs NOT related to construction material, labor, equipment or construction sub - contractors. Soft Costs for the purpose of this Program are classified Building Better Communities Administrative Rules Rev. 1/07 4 of 23 by the following three areas: • Project Administration - administration, project management (not related to construction supervision), indirect costs ( accounting /purchasing/personnel, etc.) and imposed fees (e.g., Professional Services Agreement selection/permit processing fees). Project management related to construction supervision is not considered a soft cost; and • Planning Services - Master Plan development and approval and feasibility studies; and • Design Services - schematic design, design development, construction documents, bidding or negotiation and as built drawings. Construction supervision and/or inspection are not considered soft costs. All costs associated with land acquisition such as: appraisals, due diligence, cost of land, project administration related to land purchase, legal fees, etc. are not part of the soft costs. "Targeted Urban Areas" or "TUA" means the geographical communities which have been designated by the Board of County Commissioners. "UMSA" means Unincorporated Municipal Service Area of the County, for which the County provides municipal services. Projects occurring within areas defined as UMSA are subject to the same administrative rules as any other project seeking Building Better Communities General Obligation Bond funding, regardless of the entity involved in the project. ARTICLE H — FUNDING PROCEDURES SECTION 1. FUNDING CYCLES; APPLICATION SUBMISSION PERIODS A Funding Cycle shall be established by the Board on a periodic basis related to the sale of bonds, provided there are Building Better Communities General Obligation Bonds remaining to be sold. Each Project may be funded during one or more Funding Cycles through a Funding Allocation. Eligible entities must apply for these Funding Allocations. Eligible entities existing on/or before July 2CO, 2004, the date the General Obligation Bond Resolutions were approved by the Board, will receive priority consideration for Project approval and Funding Allocation. A Grant Agreement or Interlocal Agreement between the County and the Recipient, as the case may be; implements the Funding Allocations. The Funding Application package shall be delivered on or before the last day of the announced Application Submission Period The County may announce an additional Application Submission Period if funds remain or become available after the preceding Application Submission Period is complete. Each Application Submission Period and other pertinent application information shall be publicly announced in newspapers of general circulation in the County at least one (1) month prior to the deadline for submission of the Funding Application Package, unless otherwise waived by the Board. Building Better Communities Administrative Rules Rev, 1/07 5 of 23 SECTION 2. FUNDING APPLICATION An Applicant must submit a complete Funding Application in order to be eligible to receive a Funding Allocation award.. A complete Funding Application Package means one that meets all the requirements of the Ordinance and these administrative rules and is supported- by proper documentation required by these administrative rules. The Funding Application Package shall consist of: 1) Completed Funding Application Form. 2) Completed line item budget. The line, item budget must be submitted with budget justifications for the Construction and Fixtures, Furniture and Equipment line items. The justification should provide detailed descriptions of the project elements. Reimbursement for Fixtures, Furniture & Equipment is contingent upon prior inclusion and approval of these expenses in the Grant Agreement. (See Article III, Section 1(C)). 3) Letter(s) of commitment for matching . funds that complement the Funding Allocation request as may be required by the Application. 4) Projected completion date for the Project and if the Project will be constructed in phases, the completion date of each phase. 5) Project location map. 6) For Development Projects, certification of ownership of a site by the Applicant or evidence of land tenure sufficient to satisfy the County that the Project may be developed on the designated site. 7) Written evidence (resolution or other legally required documentation), which at a minimum: - - .. _ (i) authoi tes-the execution of the Grant Agreement or the Interlocal Agreement, as the case may be; (ii) commits the Applicant to complete the Project; (iii) as applicable, commits the Applicant to provide operating, maintenance and programming funds upon completion of the Project, to the extent allowed by law; and (iv) provides that the Funding Allocation shall not be used in substitution of other capital project funding available to the Applicant. 8) Any other documentation that the Board may require from time to time. An Applicant may request funding for a major Project in phases. Each phase shall constitute a distinct portion of the proposed Project. Each Applicant requesting funding for a Project in phases shall commit to completing the Project as defined in the Grant Agreement or the Interlocal Agreement, as the case may be, unless otherwise modified by approval of the Board in accordance with these rules and the Ordinance. In the event an applicant intends to. submit a request for pre- agreement reimbursement, the applicant shall comply with Article III, Sectin 1(B)). Building Better Communities Administrative Rules Rev. 1 /07 6 of 23 SECTION 3. ELIGIBILITY REQUIREMENTS A) Designated Projects Eligibility requirements for Applicants: • Active and duly registered Florida not - for -profit 501(c)(3) corporation. Comply with the County's Administrative Order 3 -15. • Active and duly registered Florida for -profit corporation or recognized business entity. • Municipal entity or agency based in Miami -Dade County. • Owner or lessee of residential or commercial property located within Miami -Dade County on which the Designated Project shall be situated. • Financially stable including financial commitments to complete the Designated Project. B) Fund Projects 1. Funds Objectives The Economic Development Fund (the "EDF") is a component of the Building Better Communities Bond Program and is available for the purpose of providing infrastructure improvements to spur economic development and attract new businesses to the community in order to create jobs. The EDF includes $75 million that is available countywide and $15 million that is specifically focused on the County's designated Targeted Urban Areas. Eligible uses of the EDF include but are not limited to: infrastructure funding for road construction, water and sewer lines, fencing, sidewalks, entryways, lighting, and handicap accessibility; acquisition of land or buildings; and new construction of buildings; renovation of buildings. Ineligible uses of the EDF include but are not limited to: working .capital; furniture and fixtures; office equipment;. and other non - .capital. related expenses. The Historical Preservation Fund, the Primary Healthcare Facilities Fund and the Not -for- Profit Community Organization Capital Fund are a component of the Building Better Communities General Obligation Bond initiative for the purpose of funding projects that support the County's historic preservation, primary healthcare, and community agency infrastructure needs. These are capital, projects that improve the quality of life for the County's citizens, enhance medical facilities, rehabilitate historic properties, save irreplaceable historic venues, and serve as a catalyst for preserving and protecting Miami - Dade County's future. Medical institutions, historically and culturally significant properties, and Community-Based Organizations needing capital funds for construction, renovation, and expansion of facilities within the community that meet the criteria for the following programs may be eligible for assistance from these funds. 2) Program Descriptions and Criteria a) Economic Development Fund. Building Better Communities Administrative Rules Rev. V07 7 of 23 This program includes $75 million that is available countywide and $15 million that is specifically focused on the County's designated Targeted Urban Areas to spur economic development and attract new businesses in order to create jobs. Eligibility Requirements for Applicants: • Active and duly registered Florida not - for -profit 501(c)(3) corporation. o Active and duly registered Florida for -profit corporation or recognized business entity. • Municipal entity or agency based in Miami -Dade County. • Owner or lessee of residential or commercial property located within Miami -Dade County on which the Designated Projects will be situated.. e Financially stable including financial commitments to complete the Designated Project. a Those listed in any Request For Proposal's related to this Fund. b) Historic Preservation -Fund This program includes $10 million and is intended to provide matching funds to private property owners, private nonprofit organizations, and municipal government agencies for the acquisition, relocation and rehabilitation of designated historic properties, or properties eligible for designation as a historic property or as a contributing historic district property, which has applied for such a designation within Miami -Dade County. Eligibility Requirements for Applicants: • Active and duly registered Florida not - for -profit 501(c)(3) corporation. • Active and duly registered Florida for -profit corporation or-recognized business- entity. • Municipal entity or agency based in Miami -Dade County: - • 'Owner of residential or commercial property located within Miami -Dade County. • Individually listed as municipal, County, State or National Register of historic property located in Miami -Dade County. Contributing Property within a designated municipal, County, State or national historic district located in Miami -Dade County. • Property determined eligible for listing as an individual historic site or as a contributing historic district property, and which has applied for such designation, in a Municipality, County, State or National Register, and located within Miami -Dade County. e Those listed in any Request For Proposal's related to this Fund. c) Not -for -Profit Community Organization Capital Fund The objective of this fund is to build and sustain the capability and capacity of the not- for -profit sector and support entities that enhance the quality of life of Miami -Dade County by delivering needed services. The $30 million allocated to this fund recognizes the importance and continuing contributions that these organizations make to the future of Miami -Dade County. Building Better Communities Administrative Rules Rev. 1/07 8 of 23 Eligibility Requirements for A licants: • Legally incorporated 501(c)(3) not = for -profit organization tacking access to government sources of capital funding.. • Demonstrable financial stability. • . Organization's mission is consistent with goals identified in the Miami -Dade County Strategic Plan. • Demonstrate ownership of or intent to purchase a facility. • Letter of Commitment confirming the resources necessary to accomplish the project. • Architectural/engineering study and/or equipment specifications and professional cost estimate. • Two (2) year management and budget plan for the facility. • Those listed in any Request For Proposal's related to this Fund. c) Primary Healthcare Facilities Fund The objective of this fund is to build and sustain the capability and capacity of the not- for -profit sector. and support entities that enhance the quality of primary healthcare within Miami -Dade County by delivering needed services. The $25 million allocated to this fund recognizes the importance and continuing contributions that these organizations, and the care that they provide, make to the future of Miami -Dade County. Eli 'bigi lity Requirements for Ayylicants: • Legally incorporated 501(c)(3) not- for -profit organization lacking access to government sources of capital funding. • Demonstrable financial stability. • Organization's mission is consistent with goals identified in the Miami -Dade County Strategic Plan. • Demonstrate ownership of or intent to purchase a facility. • Letter of Commitment confirming the resources necessary to accomplish the project. • Architectura/engineering study and/or equipment specifications and professional cost estimate. • Two (2) year management and budget plan for the facility. • Those listed in any Request For Proposal's related to this Fund. SECTION 4. ELIGIBILITY DETERMINATION AND EVALUATION Following closure of an Application Submission Period, the County Manager will review and evaluate each Funding Application Package for funding eligibility or ineligibility. The County Manager may use entities such as the following to assist him in the review and to create Project Review Committees. Economic Development Fund • Empowerment Zone Trust Board • Miami -Dade Empowerment Trust • Office of Community and Economic Development Building Better Communities Administrative Rules Rev. 1/07 9 of 23 • Coalition of Chambers of Commerce • Task Force on Urban Revitalization • Metro Miami Action PIan Trust • Beacon Council • Greater Miami Chamber of Commerce • Dade League of Cities Historic Preservation Fund • Dade Heritage Trust • Historic Preservation Board Not - for - Profit Community Organization Capital Fund • Alliance for Human - Services • Dade Community Foundation Primary Healthcare Facilities Fund • Office of Countywide Health Care Planning Any such entity shall adhere to public record protocols specified under Administrative Order No. 3- 31. Funding Allocations for eligible projects may be recommended to the County Manager by the Project Review Committee. The County Manager and the Project Review Committee may determine that a Funding Application Package be classified as: A) ineligible, Declaration that the Project identified in a Funding Application Package is ineligible. B) Conditionally Eligible. The Board may determine that a Project is eligible for funding upon satisfaction of specified conditions. In the event that conditional approval is given, Board staff shall verify that the conditions have been satisfied prior to executing a Grant Agreement or an interlocal Agreement, as the case maybe. C) Eligible. Declaration that a Project identified in a Funding Application Package is fully eligible. Funding Application Packages determined to be Eligible or Conditionally Eligible shall be reviewed and competitively evaluated to recommend bond funding allocations. A listing' of all Funding Application Packages shall be reviewed by the GOB Sub - committee and presented to the Board by the County Manager in the form of a Resolution stating the eligibility determination, presenting the County Manager's funding recommendations based on the competitive evaluation and seeking approval for time disbursement of funds. Building Better Communities Administrative Rules Rev. 1/07 10 of 23 . ARTICLE III — GRANT ADMINISTRATION SECTION 1. FUNDING ALLOCATION ADMINISTRATION & REWBUR.SEMENT POLICY A) Grant Agreement or Interlocal Agreement 1) As a condition of award of a Funding Allocation, the BBC GOB Program and the Recipient shall enter into a Grant Agreement or an Interlocal Agreement, as the case may be, which sets forth the responsibilities and duties of each regarding administration of the approved Project and approved Funding Allocation. 2) The Grant Agreement or the Interlocal Agreement, as the case may be, shall specify the following and shall incorporate such other terms and conditions as may be required by particular circumstances: a) A Project Narrative/Description of Project, including location of Project, and beginning and end dates; b) An overall budget for the Final Project, identifying additional sources of revenue; c) A Funding Allocation line item budget (proposed use of BBC GOB funds); d) If the Recipient is a Community -Based Organization or other entity (not a Municipality or Public Agency, a letter of commitment of matching funds validly executed committing the organization to raise any additional capital funds necessary to complete the Project, and committing to provide operating, maintenance and programming funds upon completion of the Project, all as authorized and approved by the Recipient's Board of Directors or governing entity; e) If the Recipient is a Municipality or Public Agency, a letter of commitment of matching funds validly executed committing the organization to appropriate capital funds necessary to complete the Project and to provide operating, maintenance and programming funds upon completion of the Project, all as authorized and approved by the governing board of such Municipality or Public Agency; f) Certification of ownership,. or evidence. of, .lease ..or other use agreement for., a......_ minimum un- expired term of 25 years; g) Business plan and/or operating pro- forma, defining and identifying strategies to address the impact the Project will have on the organization's operational structure; and h) A list of consultants that will be involved in the development of the Project (e.g., Owner's project manager(s), Architecture and Engineering team, Specialty Consultants, Developers, General Contractor -or Construction Manager, etc.) as they become available. Building Better Communities Administrative Rules Rev. 1107 11 of 23 B) Pre- Agreement Expenses. The incurring of pre- Agreement Expenses creates no obligation on the County to execute a Grant Agreement or Interlocal Agreement, as the case may be, or otherwise satisfy those expenses. However, prior to the effective date. of the Grant Agreement or Interlocal Agreement, as the case may be„ a Recipient may incur eligible Pre- Agreement Expenses as defined in Article I - Section 4, and then after the effective date of the Grant Agreement or Interlocal Agreement, as the case may be, be reimbursed for those costs, provided that: 1) The costs and activities are funded as part of the Funding Allocation award and are in compliance with the requirements of the Ordinance and these rules. 2) For those Projects funded by bond proceeds from bond sales subsequent to the sale of the Series 2005 Bonds, reimbursement of Pre - Agreement Expenses is limited to those Pre - Agreement Expenses incurred one (1) year prior to the fast day of the Application Submission Period, unless previously approved by the Board. 3) The Recipient has notified the County Manager in writing of the intent to submit eligible Pre - Agreement expenses for reimbursement within 30 -days of a Grant Agreement or Interlocal Agreement being executed. Recipients shall send a letter addressed to the County Manager for his review and approval of eligible expenses - C) Payment. Recipients are paid allocated funds subject to the following conditions: I Cost of Issuance of Bonds. Not more than one percent (1 01o) of the value of each Funding Allocation award may be earmarked for all costs incidental to the preparation, issuance and administration of the BBC GOB Program. 2 Timing, Project costs eligible for reimbursement shall be incurred between the effective date of, and the Project completion date identified in, the Grant Agreement or the Interlocal Agreement, as the case may be, with the exception of Pre - Agreement Expenses. 3) Soft Cost Limits. Project Soft Costs for Planning Services, Design Services and Project Administration, as defined in Article I Section 4, "Soft Costs ", are eligible for funding provided that bond proceeds utilized to pay for such costs do not exceed seventeen percent (17%) of the total bond proceeds allocated to a given Project. This limitation may be waived by the Board. Where a major Project is funded in phases, this cost limit may not necessarily apply to each individual Project phase, but must apply to the Funding Allocation for the Project. 4) Recipients will implement their own procurement process; however, they shall comply with all applicable Federal, State and local laws and regulations, including the County ordinances and regulations. 5) Recipients are responsible for managing the day - today operations of Funding Allocation supported activities, and maintaining communications with the County Manager regarding the Project. Recipients must monitor Funding Allocation supported activities to assure compliance with the Ordinance, these rules, the Grant Agreement or Interlocal Agreement, as the case may be, and all applicable Federal, State and local requirements. Building Better Communities Administrative Rules Rev. 1107 12 of 23 6) Payments to the Recipient may be withheld at any time that. the Recipient fails to comply with the terms of the Grant Agreement or the Interlocal Agreement, as the case may be. Funds withheld for failure to comply with the terms of the Grant Agreement or the Interlocal Agreement, as the case may be, but without suspension of the Funding Allocation shall be released to the Recipient upon subsequent compliance. Recipients will not.be required to reimburse the County for payments already received by the County from the Recipient unless the Recipient fails to develop and/or operate the Project for the purpose described in the Funding Application Package. 7) Recipient's must complete the authorized signature form (Exhibit A). 8) a. In general, payment shall be made on a reimbursement basis. A Funding Allocation Recipient may submit a Request for Advance Payment form (Exhibit B) for review and approval by the County Manager. Approved recipients may receive an advance payment no more that 180 days in advance of the allocation schedule approved by the Board, for up to 25% of the value of the Funding Allocation for the subject Project. b. However, in accordance with the guidelines reflected below, the County Manager may, on a case -by -case basis and at his sole discretion, consider advance payment of up to 90% of a municipality's funding allocation for a specific project. Upon the County Manager's decision that a request for advance payment of up to 90% of a municipality's funding allocation for a specific project will .be considered, the guidelines below will be applied consistently and in their entirety. Conditions under which a municipality may receive up to 90% of their BBC allocation for a subject project: ■ A municipality must not owe money to the County and the County must not have any outstanding claims against the municipality: ■ Project activity to date is proceeding on- schedule: • Construction schedules are being updated on a monthly basis and all required documentation has been submitted to Miami- Dade's Office of Capital Improvements (OCl). • The municipality must have contract(s) in place to complete the project and no outstanding claims or disputes can exist between the municipality and their contractors on the project: ■ Municipality payments to contractors, subcontractors and suppliers are being made timely: Field Evaluations will be conducted on a case -by -case basis by Miami - Dade's Office of Capital Improvements (OCI) and will include items such as: • Field audit determination that the project is on- schedule including physical construction: Building Better Communities Administrative Rules Rev. 1 /07 13 of 23 ■ Follow -up field audit inspections will be performed by OCI to ensure project completion: OCI will submit a written recommendation to the County Manager to approve any disbursement under these provisions. The municipalities will be required to execute a supplemental agreement acknowledging these terms. Safeguards /Corrective Actions to be implemented by the County in case of non - compliance by a municipality with the BBC -GOB Administrative Rules or if satisfactory progress is not being maintained will include: ■ Funding for municipal or other GOB- funded projects to be performed by the subject municipality will be withheld: ■ The County will ask to be reimbursed the amount given to the municipality as part of the grant agreement and/or withheld funds due to the municipality from other County funding sources such as PTP: ■ If the municipality refuses to reimburse the County the amount of the grant agreement, the County may employ all available means to recover the subject funds up to and including litigation. . The aforementioned safeguards will be implemented by the County in Cases of non- compliance. All conditions shall be a part of all grant agreements with a municipality. All existing grant agreements will be amended to include the provisions referenced above and all new grant agreements will likewise include these provisions. Any disbursement of funds under these provisions will be reported to the Board. c. All advance payments received by a Recipient shall be maintained in a separate interest bearing account and may not be commingled with other funds. All advances and interest earned must be fully accounted for. The Municipality shall submit evidence of interest earned to the County with any subsequent reimbursement request. The amount of interest -earned shall be deducted from such subsequent payment to the Municipality. If at any time the amount of interest earned is greater than the reimbursement request the Municipality shall - submit payment to the county an amount equal to the interest earned less the reimbursement request. Upon the County's receipt of the payment and any required supporting documentation from the Municipality, the reimbursement request may be paid. Checks must be made payable to Miami -Dade County Board of County Commissioners and forwarded to the Office of the County Manager. 9) Recipients must submit reimbursement/payment requests no later than quarterly. If a Recipient is unable to submit a reimbursement/payment request by the quarterly deadline, a written justification indicating the reason for the delay and expected submission date is required to be submitted by the deadline. Failure to comply with this requirement shall render the Recipient in non - compliance with the Administrative Rules and may result in reduction or forfeiture of payment, at the discretion of the County Manager. Failure to submit two consecutive requests shall be deemed a forfeiture of all rights unless specifically waived by the County Manager. The Recipient must submit a written explanation for such Rev. 1/07 Building Better Communities Administrative Rules 14 of 23 E S delays in order to be considered for a waiver of this requirement and all such waivers shall be made at the sole discretion of the County Manager. 10) Recipients shall complete, sign, and submit to the County the appropriate Reimbursement Request forms as necessary (Exhibits D through H) accompanied by supporting documentation (i.e., copies of invoices, receipts and check payments). 11) Reimbursement requests for Fixtures, Furniture & Equipment items must be included and approved in the Grant Agreement or the Interlocal Agreement, as the case may be, prior to acquisition. Written requests for Fixtures, Furniture & Equipment approval must be accompanied by Exhibit H. 12) In accordance with State law, five (5%) of the value of the Building Better Communities General Obligation Bond funding for a given Project shall be retained by the County for all projects in excess of $100,000, unless otherwise recommended in writing by staff and approved by the Board. Upon completion of a Project, a signed project completion certificate (Exhibit I) must be submitted with the final reimbursement request forms in order for the remaining retainage to be released. 13) The County Manager may require that reimbursement requests for any Funding Allocations requiring a cash match must be accompanied by documentation of the expenditure of committed match funds (i.e., copies of invoices, canceled checks, etc.). 14) Each Recipient will ensure that all contractors and consultants perform in accordance with the terms, conditions, drawings and specifications of their contracts or purchase orders and that all Federal, State and local contracting rules apply. 15) Each Recipient shall maintain an accounting system,. which meets generally .accepted accounting principles, and shall maintain all required financial records to properly account for all Building Better Communities General Obligation Bond funds and any supplemental funds used for the Project. The Recipient shall at all times maintain a separate accounting of all Building Better Communities General Obligation Bond funds. 15) Each Recipient shall be responsible for reporting, on a continuous, on -going basis, any contractual relationship established. to perform work on 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. If the total cost of the Project exceeds the value of the Funding Allocation, then the Recipient must provide any supplemental. funds required. In the event that supplemental funds are necessary for completion of a Project, as of the point in time that it is known that-supplemental funds are needed, the Recipient must demonstrate that such supplemental funds have been committed to the Project prior to and as a condition of disbursement or further disbursement of Funding Allocations. The requirement for a Recipient to provide supplemental funds may. be modified, in part or whole, by the Board, to the extent that it approves in writing any reduction or change to the Project scope of work in accordance with the Ordinance. Approval of any reduction or change in scope of work is at the sole discretion of the Board. D) Acquisition Projects. Guidelines and requirements for administering Acquisition Project Building Better Communities Administrative Rules Rev. 1/07 15 of 23 Funding Allocations are as follows: 1 Appraisal Required. Prior to acquisition of a Project site, a Recipient must obtain an appraisal or appraisals supporting the fair market value of the land to be acquired. Pursuant to State law, if the property is $500,000 or less in appraised value, one appraisal is required. If the property exceeds $500,000 in appraised value, two appraisals are required. 2 Amount Authorized for Payment. The amount of Funding Allocation authorized for payment for land acquisition shall in no case exceed the Funding Allocation available for the Project. in the event that the negotiated acquisition price exceeds by ten percent or greater the appraised value of the land, the disbursement of Funding Allocation shall be conditioned upon a written justification 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 for Acquisition, regardless of the outcome. 3 Environmental Survey. The Recipient may not acquire land for a BBC GOB Program funded Project until a Phase I environmental survey is completed, which demonstrates that the property is suitable for its intended general use and for the specific Project. GOB funds may be used for the necessary clean -up a Phase H environmental survey may require provided the scope of the project is not impacted. Changes to the scope of the project require BCC approval. 4 Signage. For six months following an Acquisition, the County shall post a sign, in the general design provided by the County, containing the Building Better Communities General Obligation Bond logo, identifying the source of Project funding. The cost of such a sign is eligible for payment from the Funding Allocation. 5) Ownership. Title to land acquired with BBC GOB Program funds or facilities constructed/developed with Building Better Communities General Obligation Bond funds shall vest with a Public Agency or a legally incorporated 501(c)(3) not - for -profit Community-Based Organization. E) Development Projects. Guidelines and requirements for administering Development Project Funding Allocations are as follows: 1) Licensed Contractors; Contractor Bonds. Duly licensed contractors shall perform all construction. Construction contracts for work in excess of the threshold amounts established in Section 255.20 of the Florida Statutes shall require payment and performance bonds, which comply with the requirements of Section 255.05, Florida Statutes. 2) Cost Elements. a). Construction Equipment. Recipients are required to use their own equipment, if available. If a Recipient's equipment is used, the maximum Funding Allocation .payment shall cover operating and routine maintenance costs of such equipment; the Funding Allocation excludes any depreciation or replacement cost from payment. If a Recipient's equipment is used, a report or source document must describe the work performed, indicate the hours used and be related to the Project. If a Recipient does not Building Better Communities Administrative Races Rev. 1107 16 of 23 have needed construction equipment available, then the Recipient may rent such equipment. b) Construction Supplies and Materials. Supplies and materials may be purchased for a specific Project or may be 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 of constructing a piece of equipment, structure or part of a structure, the costs that are charged as supplies and materials may be capitalized according to the Recipient's normal practice or policy. If capitalized, only the cost reasonably attributable to the Project maybe claimed under the Project. c) Personnel or Employee Services. Services of the Recipient's employees who perform work directly related to the accomplishment of the Project are eligible costs payable from the Funding Allocation. These costs must be computed according to the Recipient's prevailing wage or salary scales and may include fringe benefit costs, such as vacations, sick leave, FICA, MICA, health and life insurance, and workers compensation at the Recipient's established fringe benefit rate. Costs charged to the Project must be computed on the basis of actual time spent on the Project, and supported by time and attendance records describing the work performed on the Project. Overtime costs may be allowed under the Recipient's established policy, provided that the regular work time was devoted to the same Project. Salaries and wages claimed for employees working on allocation - funded Projects must not exceed the Recipient's established rates for similar positions or rates per industry standards. Alternative methodologies for established wage rates must be pre - approved by the Board. d) Consultant Services. The costs of consultant services necessary for the Project are eligible for payment from the Funding Allocation. The Recipient must pay consultants according to the Recipient's customary or established method and rate. No consultant fee may be paid to the Recipient's own employees. 3) Cost Activities. a) Construction activities. The cost of all necessary construction activities, from site preparation (including demolition, survey, excavation and other site work) to the completion of a structure is eligible for payment from the Funding Allocation. b) Factures, Furniture and Equipment. The cost of Fixtures, Furniture and Equipment necessary to operate the facility are eligible for payment from the Funding.Aiiocation if approved in the Grant Agreement or the Interlocal Agreement, as the case may be, and a detailed list of eligible items is submitted in writing and approved by the County Manager prior to its purchase (See Article III, Section l (c)). Costs for consumable goods shall not be considered eligible for payment from the Funding Allocation. Also, refer to Article I, Section 4 for a detailed definition of Fixtures, Furniture and Equipment. c) Interpretive Signs and Aids. The cost of signs, display boards or other interpretive aids relating to the Project are eligible for payment from the Funding Allocation. d) Signage. During the time period of Development, the County shall post a sign in a Building Better Communities Administrative Rules 17 of 23 Rev. 1/07 prominent location at the Project site in the general design provided by the County depicting the Building Better Communities General Obligation Bond logo and identifying the source of funding for the Project. 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 construction projects of sufficient size to offer reasonable opportunities for cost reductions. 4) The following is a nonexclusive list of costs ineligible for payment from the Funding Allocation: a) Funding Application costs. b) Ceremonial expenses. c) Expenses for publicity. d) Bonus payments unless specifically authorized by the Board. e) Charges in excess of the lowest responsive and responsible bid or proposal in accordance with the governing rules and procedures of the Recipient, when the law requires the Recipient to utilize competitive selection. In the event a selection process is used, other than a low bid process any cost in excess of the cost of the highest ranked firm shall be considered ineligible. f) Charges for deficits or overdrafts. g) Charges incurred contrary to the policies and practices of the Recipient. h) Interest expense (May be reimbursed at the discretion of the Board if incurred during the construction period and is attributable only to the construction period). i) Litigation expenses or judgments. j) The cost of services, material or equipment obtained under any other program. k) Costs of discounts not taken. 1) The cost of purchasing a non - refundable option when acquiring land. F) Budget Changes. 1) Recipients shall adjust their Project budgets to reflect actual costs and updated cost estimates and shall submit adjusted Project budgets to the County Manager as soon as the recipient is aware of a material budget change. 2) Budget adjustments may not exceed the 17% Soft Cost limitation for design, planning, and program administration, nor exceed the Project Funding Allocation without approval of the Board. Rev. 1107 Building Better Communities Administrative Rules 18 of 23 3) Recipients shall obtain the prior written approval of the Board whenever budget adjustments are anticipated as outlined in a, b, and c below. The request must be in the same budget format the Recipient used in the Grant Agreement or Interlocal Agreement, as the case may be, and shall be accompanied by a narrative justification for the proposed revision. Such request for adjustment shall, if approved, amend the Grant Agreement or Interlocal Agreement; as the case may be. Requests for budget changes 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 Development to Acquisition. b) Any proposed reduction or revision of the scope or objectives of the Project (regardless of whether there is an associated budget adjustment) that substantially changes the original intent of a project. c) Any change that would increase Soft Costs for planning, design, and project administration which exceeds the limit specified in Article III Section 3 (c)(1). In the event that a Recipient has completed the approved scope of work for a Project and has unexpended funds, the Recipient may submit a request to the County Manager's Office to expend these funds in an existing or new budget line item for the Project. The County Manager is authorized to approve such budget changes and expenses not to\exceed 15% of the total budget. G) Cost Overruns. During the execution of work on a Project, the Recipient may find that actual Project costs exceed the approved budget. For cost overruns that will require additional funding for the Project, or otherwise require a budget adjustment for which prior Board approval is required pursuant to paragraph E above, the Recipient shall: 1) Provide a justification for the additional costs; 2) Identify available funds for the completion of the Project; and, if necessary 3) Request from the Board a change or revision in the Project. scope consistent with the terms of the Ordinance. The Board, at its discretion, may authorize in writing a change or revision in the scope of the Project: (i) where change or revision of the scope is consistent with the Ordinance; and (ii) where the change or revision is justified by the Recipient; and (iii) where the Recipient does not have sufficient funds to complete the Project with the available funds. Under those circumstances, the Board, in its sole discretion, may identify other funds available under the Ordinance for the Project. SECTION 2. COMPLIANCE RESPONSIBILITIES The following constitute general requirements for program compliance: A) An annual independent audit of the Building Better Communities General Obligation Bond 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 Building Better Communities Administrative Rules Rev. 1107 19 of 23 received and each year thereafter until Project completion. The audit report must include the Fund Summary Status Report, Exhibit I The audit must be performed by certified independent auditors and include the following: 1) Test for compliance with the Grant Agreement or Interlocal Agreement, as the case may be, Miami -Dade County Ordinance No. 05 -47, applicable resolutions and the Building Better Communities General Obligation Bond Administrative Rules. 2) Test to verify compliance with advance requirements. 3) Sufficient tests, as determined by the independent auditor to verify true and accurate reflection of Project expenditures. 4) Tests to verify expenditure of required match dollars - 5) verification of the Fund Summary Status Report. B) Land and facilities acquired, developed, improved or rehabilitated by Funding Allocation shall be dedicated and maintained in perpetuity for the use and benefit of the general public except where leases are in effect. Any Iand, facilities, or equipment. acquired with Building Better Communities General Obligation Bond funds may not be sold or transferred without the written consent of the County and may require an equitable reimbursement of bond funding based on residual value. All projects shall be open to the public at reasonable times and shall be managed in a safe and attractive manner appropriate for public use. C) Funding Allocation for the purposes of development, improvement, rehabilitation or restoration shall be expended for these purposes only on lands owned by a Recipient or on lands for which the Recipient holds a lease or other use agreement. Such lease or other use agreement must be for an unexpired minimum term of 25 years. The Funding Allocation Recipient may demonstrate the eligibility of the Project- to the reasonable satisfaction of the Board, through a joint ownership, use, franchise or other agreement, evidencing that the lands and/or the Project will be utilized for the public benefit, consistent with the terms of this Ordinance, for a term of at least 25 years in duration. The lease must not be revocable at will. D) Recipient shall maintain all financial and and programmatic records, supporting documents and other records pertinent to the Funding Allocation for a period of three years from the starting date defined below. If any litigation, claim, negotiation, auditor other. action involving the records has been started before the expiration of the three year period, the records must be retained until completion of the action and resolution of all issues which arise from it, or until the end of the regular three year period, whichever is later. When Funding Allocation support is continued or renewed at annual or othet intervals, the retention period for the records of each funding period starts on the day the Recipient submits to the County its single or last expenditure report for that period. In all other cases, the retention period starts on the day the Recipient submits its final expenditure report. E) The Board and the County, or any of their authorized representatives, shall have the right of access to any pertinent books, documents, papers or other records of the Recipient in order to make audits, examinations, excerpts and transcripts. Building Better Communities Administrative Rules Rev. 1/07 20 of 23 Office of the Miami -Dade County Inspector General (IG) (MDC Code Section 2 -1076) shall have the authority and power to review past, present and proposed County programs, accounts, records, contracts and transactions. The IG shall have the power to subpoena witnesses, administer oaths and require the production of records. Upon ten (10) days written notice to the Recipient from IG, the Recipient shall make all requested records and documents available to the IG for inspection and copying. The IG 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, within budget and in conformity with plans, specifications, and applicable law. The IG shall have the power to analyze the need for, and reasonableness of, proposed change orders. The IG may, on a random basis, perform audits on all County contracts throughout the duration of said contract (hereinafter "random audits "). This random audit is separate and distinct from any other audit by the County. To pay for the functions of the Office of the Inspector General, any and all payments to be made to the Recipient under the Grant Agreement will be assessed one quarter of one percent of the total amount of the payment, to be deducted from each progress payment as the same becomes due unless, as stated in the Code or the Grant Agreement, the Project is federally or state funded and federal or state law or regulations preclude such a charge. The Recipient shall in stating its agreed prices be mindful of this assessment. The IG shall have the power to retain and coordinate the services of an independent private sector inspector general (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 contractor, its officers, agents and employees, lobbyists$ County staff and elected officials in order to ensure compliance with contract specifications and detect corruption and fraud. F) If a Recipient materially fails to comply with any term of an award, the Board or the County Manager may take one or more of the following actions, as appropriate in the circumstances: 1) Temporarily withhold cash payments pending correction of the deficiency by the Recipient; 2) Disallow all or part of the cost of the activity or action not in compliance; 3) Wholly or partly suspend or terminate the current award for the Recipient's Project; 4) Withhold further Funding Allocation awards from the Recipient; or 5) Take other remedies that may be legally available. G) Any of the enforcement actions listed in paragraph F above, taken by the County Manager, which are contested and unresolved between the Recipient and the County within thirty days of such action, will result in the Board providing the Recipient with an opportunity to be heard on the issue. Said hearing will occur within sixty days of the Board receiving the Recipient's written request. Staff will recommend appropriate action to the Board. Building Better Communities Administrative Rules Rev. 2l07 21 of 23 H) Costs to Recipient resulting from obligations incurred by the Recipient during a suspension or after termination of an award are not eligible for reimbursement unless the County Manager expressly authorizes them in the notice of suspension or termination or subsequently authorizes reimbursement in writing. Other costs incurred by the Recipient during suspension or after termination which are necessary and not reasonably avoidable are eligible for reimbursement if: 1) The costs result from obligations which were properly incurred by the Recipient before the effective date of suspension or termination, were not in anticipation of it, and in the case of a termination, are non - cancelable; and 2) .The costs would be eligible for reimbursement if the award was not suspended or if the award expired normally at the end of the funding period in which the termination takes effect. A Inspections. Staff of the Board or the County, or both, shall periodically inspect each Project to ensure compliance with these rules, the Ordinance, and the Grant Agreement or Interlocal Agreement, as the case may be. Staff shall perform an inspection of the Project site to ensure compliance prior to release of the final Funding Allocation payment. SECTION 3. REPORTS Recipients are required to submit the Project Status Report no later than monthly (Exhibit E), in the format stipulated by the County Manager. Additional reports that shall be due upon request of the County Manager may include, but are not limited to: A) Actual accomplishments of each Funding Allocation; B) Problems encountered in implementation of each Funding Allocation; and C) Anticipated start and/or completion dates of each Funding Allocation. Recipient may be required to meet with the Board to discuss the Project. SECTION 4. PROJECT CLOSE -OUT A) A Recipient has up to forty-five (45) days after the expiration or termination of the Funding Allocation to submit all final documentation including final reimbursement requests and project completion certificates. B) The close -out of a Funding Allocation does not affect: 1) The County's right to disallow costs and recover funds on the basis of a later audit or review; 2) The Recipient's obligation to return any funds due as a result of later refunds, corrections or other transactions; 3) Records retention responsibilities set forth above; 4) Continuing responsibilities set forth in the Ordinance and these rules; and 5) Audit rights set forth in these rules. Building Better Communities Administrative Rules 22 of 23 Rev. 1/07 C) Any amounts paid. to Recipient in excess of the amount to which the Recipient is finally determined to be entitled under the terms of the Grant Agreement or Interlocal Agreement, as the case may be, constitute a debt to the County. If not paid within a reasonable period after demand, the County may reduce the debt by: 1) Making an administrative offset against other requests for reimbursement; 2) Withholding payments otherwise due to the Recipient; or 3) Taking "other action provided by law. Any overdue debt of the Recipient shall accrue interest at the maximum rate allowed by law. SECTION 5. INTERPRETATION; ADMINISTRATION These administrative rules have been promulgated under the Ordinance. In the event of a conflict between these rules and the provisions of the Ordinance, the Ordinance shall prevail. The County Manager shall be authorized to interpret the provisions of these administrative rules and their interpretation of any matters governed hereby shall be final and may only be overturned by a majority vote of the Board. The County Manager shall submit recommendations amending these administrative rules to the Board, which may approve or reject such recommendations by majority vote. The County Manager shall be authorized and required to administer the Building Better Communities General Obligation Bond Program consistent with the Ordinance and these administrative rules. Building Better Communities Administrative Rules 23 of 23 Rev. 1107 Al ORDINANCE NO. 5 -89 -1418 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, DESIGNATED THE SYLVA MARTIN BUILDING AND GROUNDS AS AN HISTORIC PROPERTY, SAID PROPERTY LEGALLY DESCRIBED AS: A PORTION OF THE EAST ONE -HALF (E 1/2) OF THE NW 1/4 OF THE NW 1/4 OF THE NE 1/4 OF SECTION 36, TOWNSHIP 54 .SOUTH, RANGE 49 EAST, DADE COUNTY, FLORIDA, BEING PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF THE EAST ONE -HALF (E 1/2) OF THE NW 1/4 OF THE NW 1/4 OF THE NE 1/4 OF SECTION 36, TOWNSHIP 54 SOUTH, RANGE 40 EAST, DADE COUNTY, FLORIDA; THENCE RUN SOUTH OR DEGREES 11' 21" EAST ALONG THE WEST BOUNDARY OF THE EAST ONE HALF 36 OF THE NW OF435,000EFEETITO THE NE 0 SECTION THE SOUTH RIGHT -OF -WAY BOUNDARY OF SUNSET DRIVE (SW 72ND STREET) AS DELINEATED ON RIGHT OF WAY MAP, SECTION 87506 -2601, RECORDED AUGUST 21, 1964 IN PLAT BOOK 78 AT PAGE 52 OF THE PUBLIC RECORDS OF THE DADE COUNTY, FLORIDA, SAID POINT BEING THE POINT OF BEGINNING OF THE PARCEL LAND HEREINAFTER TO BE' DESCRIBED, THENCE RUN NORTH 85 DEGREES 15' 54" ALONG THE SAID SOUTH RIGHT -OF -WAY BOUNDARY OF SUNSET DRIVE FOR A DISTANCE OF 159.63 FEET TO A POINT" THENCE RUN SOUTH'049 DEGREES 43' 36" EAST FOR A DISTANCE OF 169.27 FEET TO A POINT OF INTERSECTION WITH THE NORTH FACE OF A BUILDING; THENCE RUN SOUTH 850 DEGREES 56' 08" WEST ALONG THE NORTH FACE OF SAID BUILDING FOR A DISTANCE OF 9.63 FEET TO THE NORTHWEST CORNER THEREOF; THENCE RUN SOUTH 040 DEGREES 42' 48 'EAST ALONr THE WEST FACE OF SAID BUILDING FOR A DISTANCE OF 8.50 FEET TO A POINT; THENCE RUN SOUTH 860 DEGREES 08' 19" WEST FOR A DISTANCE OF 151.67 FEET TO THE POINT OF INTERSECTION WITH THE EAST RIGHT -OF -WAY BOUNDARY OF S.W. 61ST STREET COURT (FORMERLY KNOWN AS S. 3RD ROAD) AS DELINEATED ON PLAT ENTITLED REVISED POINCIANA PARK, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 41 AT PAGE 41 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, THENCE RUN NORTH 040 DEGREES 11' 21" WEST ALONG THE LAST DESCRIBED LINE FOR A DISTANCE OF 178.00 FEET TO THE POINT OF BEGINNING, CONTAINING'AN AREA OF 28,452 SQUARE FEET, MORE OR LESS OR 0.653 ACRES, MORE OR LESS. A /K /A 6150 SUNSET DRIVE, SOUTH MIAMI, FLORIDA AGENDA ITEM PB- 89 -O01 WHEREAS, the City of South Miami has initiated an application that the Sylva Martin Building and grounds be designated as an Historic Property pursuant to the City of South Miami Zoning Code; and WHEREAS, at a Public Hearing on January 31, 1989, the Planning Board voted 5 -0 to grant the request. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the Sylva Martin Building and grounds is hereby designatled as an Historic Property, such property legally described as: A PORTION OF THE EAST ONE -HALF (E 1/2) OF THE NW 1/4 OF THE NW 1/4 OF THE NE 1/4 OF SECTION 36, TOWNSHIP 54 SOUTH, RANGE 49 EAST, DADE COUNTY, FLORIDA, BEING PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF THE EAST ONE -HALF (E 1/2) OF THE NW 1/4 OF THE NW 1/4 OF THE NE 1/4 OF SECTION 36, TOWNSHIP 54 SOUTH, RANGE 40 EAST, DADE COUNTY, FLORIDA; THENCE RUN SOUTH DIP DEGREES 11' 21" EAST ALONG THE WEST BOUNDARY OF THE EAST ONE HALF (E 1/2) OF THE NW 1/4 OF THE NW 1/4 OF THE NE 1/4 OF SAID SECTION 36 FOR A DISTANCE OF 35,000 FEET TO THE POINT OF INTERSECTION WITH THE SOUTH RIGHT -OF -WAY BOUNDARY OF SUNSET DRIVE (SW 72ND STREET) AS DELINEATED ON RIGHT OF WAY MAP, :SECTION 87506 -2601, RECORDED AUGUST 21, 1964 IN PLAT BOOK 78 AT PAGE 52 OF THE PUBLIC RECORDS OF THE DADE COUNTY, FLORIDA, SAID POINT BEING THE POINT OF BEGINNING OF THE PARCEL LAND HEREINAFTER TO B: DESCRIBED, THENCE RUN NORTH 85 DEGREES 15' 54" ALONG THE SAID SOUTH RIGHT -OF -WAY BOUNDARY OF SUNSET DRIVE FOR A DISTANCE OF 159.63 FEET TO A POINT" THENCE RUN SOUTH'04o DEGREES 43' 36" EAST FOR A DISTANCE OF 169.27 FEET TO A POINT OF INTERSECTION WITH THE NORTH FACE OF A BUILDING; THENCE RUN SOUTH 850 DEGREES 56' 08" WEST ALONG THE NORTH FACE OF SAID BUILDING FOR A DISTANCE OF 9.63 FEES TO THE NORTHWEST CORNER THEREOF; THENCE RUN SOUTH 040 DEGREES 42' 48 EAST ALONr, THE WEST FACE OF SAID BUDDING FOR A DISTANCE OF 8.53 FEET TO A POINT; THENCE RUN SOUTH 850 DEGREES 08' 19" WEST FOR A DISTANCE OF 151.67 FEET TO THE POINT OF INTERSECTION WITH THE EAST RIGHT -OF -WAY BOUNDARY OF S.W. 61ST STREET COURT (FORMERLY KNOWN AS S. 3RD ROAD) AS DELINEATED ON PLAT ENTITLED REVISED POINCIANA PARK, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 41 AT PAGE 41 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, THENCE RUN NORTH 040 DEGREES 11' 21" WEST ALONG THE LAST DESCRIBED LINE FOR A DISTANCE OF 178.00 FEET TO THE POINT OF BEGINNING., CONTAINING AN AREA OF 28,452 SQUARE FEET, MORE OR LESS OR 0.653 ACRES, MORE OR LESS. Section 2. That the designation report attached hereto as Exhibit "1" is hereby incorporated by reference regarding conditions relating to this designation. PASSED AND ADOPTED this 17th day of March 1989. APPROVED MAYOR ATTEST: CI CLERK READ AND APPROVED AS TO FORM: JA CITY ATTORNEY