07-19-05 Item 121
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, AUTHORIZING THE CITY MANAGER TO
EXECUTE AN INTERLOCAL AGREEMENT WITH MIAMI -
DADE COUNTY TO ACCEPT AND EXPEND BUILDING
BETTER COMMUNITIES BOND FUNDS IN THE AMOUNT
OF $193439000.00 FOR THE PURPOSE OF ACQUIRING THE
YMCA PROPERTY LOCATED AT 4300 SW 58TH AVENUE;
SOUTH MIAMI, FLORIDA; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, on July 20, 2004, the Board of County Commissioners of
Miami -Dade County, Florida enacted Resolution numbers Nos. R- 912 -04, R -913-
04, R- 914 -04, R- 915 -04, R- 916 -04, R- 917 -04, R- 918 -04, 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; and
WHEREAS, the county general obligation bond program specifically
provides for allocations to municipalities to be utilized to fund local projects
designed to improve the quality of life for their respective residents.
WHEREAS, the County General obligation fund has "earmarked" the sum
of $1,343,000.00 to assist South Miami in the acquisition of the YMCA property
located at 4300 SW 581h Avenue, South Miami, Florida ( "the YMCA Property ").
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND
CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA;
Section 1. The city manager is authorized to execute the Interlocal
Agreement attached as exhibit 1, with Miami -Dade County to expend building
better communities bond funds received to acquire the YMCA property.
Section 2. This resolution shall take effect immediately upon approval.
PASSED AND ADOPTED this
ATTEST:
CITY CLERK
day of , 2005.
APPROVED:
MAYOR
Additions shown by underlining and deletions shown by evffstr4l4g.
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b.
I COMMISSION VOTE:
2 READ AND APPROVED AS TO FORM: Mayor Russell:
3 Vice Mayor Palmer:
4 Commissioner Birts- Cooper:
5 Luis R. Figueredo Commissioner Sherar:
6 Office of City Attorney Commissioner Wiscombe:
7 Nagin, Gallop, Figueredo, P.A.
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T
Exhibit 1
AGREEMENT
BETWEEN
THE CITY OF SOUTH MIAMI, FLORIDA
AND
MIAMI -DADE COUNTY
THIS AGREEMENT, [the "Agreement "] by and between Miami -Dade County, a public body
corporate and politic, through its governing body, the Board of County Commissioners of Miami -
Dade County, Florida [hereinafter sometimes referred to as the "County ",] and the City of South
Miami, Florida, a public body corporate and politic, through its governing body, the Board of
Commissioners of the City of South Miami, Florida [hereinafter sometimes referred to as the
"Municipality ",] is entered into this day of July, 2005.
WITNESSETH
WHEREAS, on July 20, 2004, the Board enacted Resolution Numbers Nos. R912 -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; and
WHEREAS, the aforementioned Resolutions include specific countywide projects as well as
neighborhood projects for the Unincorporated Municipal Service Area (UMSA) and the
municipalities and associated allocations for activities such as but not limited to development,
improvement, rehabilitation, restoration or acquisition of real property including a combined total of
$1,343,000.00 for the projects listed in Attachment 1 within the Municipality.
WHEREAS, the County is willing to participate in such funding for the Project because of
the benefit to it's citizens and the positive economic impact the Project would have to the business
community throughout the County; and
WHEREAS, the County and the Municipality agree to a funding plan which provides for the
acquisition of property located at 4300 SW 58th Street consisting of a recreation center,
administrative office building, basketball courts, a racquetball court, swimming pool and
approximately seven acres of open field space. Provides the residents of South Miami and Miami -
Dade County with a venue for health, social service and recreational programs; and
WHEREAS, the Commissioners of both the County and the Municipality have authorized, by
resolution, their respective managers to enter into an agreement describing their respective roles in
the funding for the Project costs;
NOW THEREFORE, pursuant to the County Commission action on ,
2004,Ordinance No. , 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 purpose described in the funding request, and in
consideration of the mutual promises and covenants contained herein and the mutual benefits to be
derived from this Agreement, the parties hereto agree as follows:
herein and the mutual benefits to be derived from this Agreement, the parties hereto agree as
follows:
Section 1. Purpose: The purpose of this Agreement is to clarify the parties' roles and
obligations regarding the funding being provided with respect to the Project.
Section 2. Funding Responsibilities:
a. Project Funding Plan: The Project funding plan identifies the costs covered
by the County and the costs to be funded by the Municipality through a local
funding plan or written project funding commitments from third parties.
b. Local Sponsor: The Municipality has agreed to act as the local sponsor for
this Project and as such shall delineate local funding responsibilities in
accordance with a local funding plan.
C. Local Funding Plan: The local funding plan delineates the following: Miami-
Dade County to contribute $1,343,000 and the Municipality of South Miami
to contribute all project costs in excess of the County contribution. These
costs include, but are not limited to, costs associated with land rights -of -way,
relocations, easements, and similar project requirements.
d. Responsibilities of the Municipality: The Municipality, as sponsor for the
Project, agrees to provide, and warrants and represents that it has, in
combination with the County contributions, the amount of funding necessary
for the completion of the Project.
e. Responsibilities of the County: The County agrees to provide $1,343,000 of
the funds necessary to complete the project. This sum shall be provided in
accordance with the reimbursement procedures contained herein and upon full
disbursement of all other funds dedicated to the project. In the event that
Project Milestones are not met on schedule, the dollars to be funded for said
milestones will be delayed for one calendar year.
f. Reimbursement Procedures: Project costs shall be reported to the County
and summarized on the reimbursement request along with supporting
documentation. The Municipality shall identify and demonstrate the
disbursement of funds through receipts, canceled checks or other documentary
evidence. Upon receipt of a reimbursement request from the Municipality, the
County shall review the reimbursement request and note any errors, omissions
or inconsistencies within twenty (20) days of receipt and report these to the
Municipality, in writing. The County agrees to reimburse the Municipality, up
to the limits of the County contribution, for the funds disbursed within thirty
(30) days of the receipt of the reimbursement request, less any disputed
charges.
g. Non - Compliance: The County shall have the right to reimbursement, either
in whole or in part as it may determine, of funds provided by the County
hereunder for noncompliance by the Municipality with any of the terms of this
Agreement between South Miami &Miami -Dade County
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Draft 7/11/2005
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, orders, rules and regulations, with the Municipality being responsible for monitoring
and /or obtaining and abiding by all federal, state and local laws and regulations necessary
for the development and completion of the Project.
Section 5. 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.
Section 6. Independent Contractor: The parties agree that the Municipality is an
independent contractor and not an agent or servant of the County. No person employed by
any party to this Agreement, shall in connection with the performance of this Agreement or
any services or functions contemplated hereunder, at any time, be considered the employee
of the 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 7. 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 8. Breach and Opportunity to Cure: The parties expressly covenant and agree that
in the event either party is in default of its obligations under this Agreement, the party not in
default shall provide to the defaulting party thirty (30) days written notice before exercising
any of its rights.
Section 9. Litigation costs/Venue: In the event that the Municipality or the County institutes
any action or suit to enforce the provisions of this Agreement, the prevailing party in such
litigation shall be entitled to reasonable costs and attorney's fees at the trial, appellate and
post judgment levels. This Agreement shall be governed by and construed in accordance with
the laws of the State of Florida. The County and the Municipality agree to submit to service
of process and jurisdiction of the State of Florida for any controversy or claim arising out of
or relating to this Agreement or a breach of this Agreement. Venue for any court action
between the parties for any such controversy arising from or related to this Agreement shall
be in the Eleventh Judicial Circuit in and for Miami -Dade County, Florida, or in the United
Agreement between South Miami & Miami -Dade County
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Draft 7 /11/2005
States District Court for the Southern District of Florida, in Miami -Dade County, Florida.
Section 10. Naming Rights and Advertisements: In the event that any naming rights or
advertisement space is offered on a facility constructed or improved with Bond 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.
Section 11. Notice: All notices required to be given under this Agreement shall be in writing,
and deemed sufficient to each party when sent by United States Mail, postage prepaid, to the
following:
The County: The Municipality:
Roger T. Herndstat Maria V. Davis
County Manager's Office City of South Miami
1 l l NW 1st Street, Suite 2910 6130 Sunset Drive
Miami Fl, 33128 South Miami Fl 33143
Section 12. Modification and Amendment: Except as expressly permitted herein to the
contrary, no modification, amendment or alteration in the terms or conditions contained
herein shall be effective unless contained in a written document executed with the same
formality and equal dignity herewith.
Section 13. 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 14. 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 15. Waiver: There shall be no waiver of any right related to this Agreement unless in
writing and signed by the party waiving such right. No delay or failure to exercise a right
under this Agreement shall impair such right or shall be construed to be a waiver thereof.
Any waiver shall be limited to the particular right so waived and shall not be deemed a
waiver of the same right at a later time or of any other right under this Agreement.
Section 16. Representation of the Municipality: The Municipality represents that this
Agreement has been duly authorized, executed and delivered by Board of Commissioners, as
the governing body of the Municipality of South Miami. Florida and it has granted the City
Manager the required power and authority to execute this Agreement. The Municipality
agrees to a) maintain the property in perpetuity, b) agrees to govern itself, in regards to the
subject property, in accordance with Article 6 of the County Charter, c) keep the property
open to all Miami -Dade County residents, and d) allow all Miami -Dade County residents
equal access and use of the property and not discriminate in program registration, pricing and
Agreement between South Miami & Miami -Dade County
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Draft 7/11/2005
other policies. The Municipality also agrees to accept and comply with the Administrative
Rules as stated in Attachment I.
Section 17. Representation of the County: The County represents that this Agreement has
been duly approved, executed and delivered by the Board of County Commissioners, 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 a total
amount not to exceed $1,343,000.00 to the Municipality for the purpose of acquiring the
property located in South Miami, Florida as listed in Attachment II, and in accordance with
each of the attached Application Forms, incorporated herein as Attachment III. Miami -Dade
County shall only be obligated to reimburse the Municipality provided a) the Municipality is
not in breach of this agreement, b) The Municipality has demonstrated that it has adequate
funds to complete the project, c) The County shall administer, in accordance with the
appropriate , regulations, the funds available from the Building Better Communities bond
issue 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 I, to the County Manager or his designee for this
purpose.
Section 18. Invalidity of Provisions, Severability: Wherever possible, each provision of the
Agreement shall be interpreted in such manner as to be effective and valid under applicable
law, but if any provision of this Agreement shall be prohibited or invalid under applicable
law, such provision shall be ineffective to 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 19. Indemnity: To the extent permitted by law, the Municipality 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 Municipality or its
employees, agents, servants, partners, principals, sub- consultants or subcontractors. The
Municipality 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. Provided, however, this indemnification shall only be 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 judgment or portions thereof, which when totaled with all other claims or
judgment paid by the Municipality arising out of the same incident or occurrence, exceed the
sum of $200,000 from any and all personal injury or property damage claims, liabilities,
losses or causes of action which may arise as a result of the negligence of the Municipality.
The County shall indemnify and hold harmless the !Municipality and its officers, employees,
Agreement between South Miami & Miami -Dade County
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Draft 7/11/2005
agents and instrumentalities from any and all liability, losses or damages, including attorneys'
fees and costs of defense, which the Municipality 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 County or its employees, agents, servants, partners,
principals, sub- consultants or subcontractors. The County 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 Municipality, where applicable, including appellate proceedings,
and shall pay all costs, judgments, and attorneys' fees which may issue thereon. Provided,
however, this indemnification shall only be 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 judgment or portions thereof,
which when totaled with all other claims or judgment paid by the County arising out of the
same incident or occurrence, exceed the sum of $200,000 from any and all personal injury or
property damage claims, liabilities, losses or causes of action which may arise as a result of
the negligence of the County.
Section 20. 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.
Agreement between South Miami & Miami -Dade County
Page 6 of 7
Draft 7/11/2005
IN WITNESS THEREOF, the parties through their duly authorized representatives hereby execute
this AGREEMENT with an effective date of , 2005.
Municipality of South Miami, Florida
Municipality Manager Date
For the Board of Commissioners, Municipality
of South Miami, Florida
, CLERK
Attest:
By:
Clerk
Date
MIAMI -DADE COUNTY, FLORIDA
By:
County Manager
MIAMI -DADE COUNTY, FLORIDA BY
ITS BOARD OF COUNTY
COMMISSIONERS
Stephen P. Clark Center 1 I I NW I
Street Miami, Florida 33128
HARVEY RUVIN, CLERK Attest:
By:
Deputy Clerk Date
Approved by County Attorney as to form
and legal sufficiency._
Agreement between South Miami & Miami -Dade County
Page 7 of 7
Draft 7/11/2005
ATTACHMENT I
BUILDING BETTER COMMUNITIES
GENERAL OBLIGATION BOND PROGRAM
ADMINISTRATIVE RULES
SPECIFIED PROJECT ALLOCATIONS
SECTION 1. BACKGROUND
These administrative rules govern the implementation of the 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 allocation and acquisition of
funds for the programs identified in the Building Better Communities General Obligation
Bond Program. This Program, in addition to other projects, provides four (4) Funding
Allocation categories defined as Historical Preservation Fund, Economic Development
Fund, Not - for -Profit Community Organization Capital Fund, and Primary Health Care
Facilities Fund.
SECTION 3. GENERAL
Miami -Dade County administers all programs established under the Ordinance.
All funding recipients for covered projects are required to follow these administrative
rules. Failure to do so may lead to disqualification.
Additional administrative rules and /or application materials may be obtained by contacting
the County Manager's Office. All inquiries, correspondence and Applications for Funding
Allocations 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 or interests and rights in real
property by various legal means to serve public purposes.
"Administrative Costs" means real and verifiable expenditures for administration,
project management (not related to construction supervision), indirect costs
(accounting/purchasing /personnel, etc.), and imposed fees (e.g., permit processing fees)
also categorized as Soft Costs.
"Applicant" means a Public Agency, Not - for - Profit Organization or other entity, which
submits an application for Building Better Communities General Obligation Bond funds
during an announced Application Submission Period.
"Application" means the process described in these rules to make a formal request for
Funding Allocation that commences upon submission by an eligible party of a Funding
Application package and ends upon the execution of a Funding Agreement or a decision
not to fund.
"Application Submission Period" means the formally announced period of time for the
submission of applications in a given Funding Cycle.
"Board of County Commissioners" or "Board" means the legislative and the
governing body of the county and shall have the power to carry on a central metropolitan
government herein referred to as the Board.
"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.
"Fixtures, Furniture and Equipment (FF &E)" 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,
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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.
"Funding Agreement" means an executed contract between the County and an Applicant
setting forth - mutual obligations regarding a Funding Allocation.
"Funding Allocation" means Building Better Communities General Obligation Bond
funds approved for use by an Applicant for implementation of a Project pursuant to these
rules.
"Funding Application Form" means the base document prepared by the Applicant
summarizing the funding request on a form provided by the County Manager's Office.
This document will be submitted with the Funding Application package.
"Funding Application package" means the complete submittal package required for
funding consideration the submission of which commences the Funding Allocation
process. (See Section 6)
"Funding Cycle" means the time between the opening of an Application Submission
Period and execution of a Funding Agreement by the County.
"Grant Agreement" means an executed grant between the County and an Applicant
setting forth mutual obligations regarding a Funding Grant.
"Match" means cash committed by the Applicant, as stipulated in the approved Funding
Agreement, to complement funding awarded from the Building Better Communities
General Obligation Bond Program.
"Municipality" means a political unit, such as a city, town, or village, incorporated for
local self - government within the confines of Miami -Dade County. Municipalities or
related entities are subject to the same administrative rules as any other applicant or
recipient mentioned herein.
"Ordinance" means the Building Better Communities General Obligation Bond
Ordinance No. 0547.
"Pre - agreement Expenses" means eligible expenses identified in Section 6(B) of these
rules incurred by a Recipient for accomplishment of a Project prior to full execution of a
Funding Agreement. Pre - agreement Expenses are limited to one (1) year prior to the
application date of subsequent bond sales, unless previously approved by the Board.
"Project" means work that is the subject of a Funding Application.
"Public Agency or Public Agencies" means an agency or agencies or administrative
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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 those costs NOT related to construction material, labor, equipment
or construction sub- contractors. Soft Costs for the purpose of this Program are classified
by the following three areas:
• Project Administration - administration, project management (not related to
construction supervision), indirect costs ( accounting /purchasing/personnel, etc.),
imposed fees (e.g., Professional Services Agreement selection/permit processing
fees)
• Planning Services - Master Plan development and approval, feasibility studies
• Design Services - schematic design, design development, construction documents,
bidding or negotiation, as built drawings
"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
proj ect.
SECTION 5. 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 determined by the Board to be eligible, may be funded
during one or more Funding Cycles.
Each Building Better Communities General Obligation Bond Project is funded through a
Funding Allocation. Eligible entities must apply for these Funding Allocations. Eligible
entities existing on/or before July 20, 2004, the date the General Obligation Bond
Resolutions were approved by the Board, will receive priority consideration for project
approval and allocation. Funding Agreements between the County and approved
Applicants implement the Funding Allocations.
The Funding Application package shall be delivered on or before the last day of the
announced Application Submission Period. The County shall publicize each Application
Submission Period and other pertinent application information at least one (1) month prior
to the deadline for submission of the Funding Application package, unless otherwise
waived by the Board. The County may announce an additional Application Submission
Period if funds remain or become available after the preceding Application Submission
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period is complete. Each Application Submission Period 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.
SECTION 6. FUNDING APPLICATION
Complete Funding Application. An Applicant must submit a complete Funding
Application in order to receive an award. A complete Funding Application means one that
meets all the requirements of the Ordinance and these rules and is supported by proper
documentation. Proper documentation includes all documentation reasonably required by
the Board or the County to enable determination of Project costs and compliance with the
Ordinance. 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 Fixture, Furniture and Equipment line
items. The justification should provide detailed descriptions of the project
elements. Reimbursement for Fixture, Furniture & Equipment is contingent upon
prior inclusion and approval of these expenses in the Funding Agreement. (See
Section 9B -11).
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.
5) Project location map.
6) 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.
7) An Applicant shall submit a resolution, which at a minimum: (i) authorizes the
execution of the Funding Agreement; (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.
8) A Community Based Organization shall submit a board resolution 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.
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9) 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 Funding Agreement unless otherwise modified by approval of the Board in
accordance with these rules and the Ordinance.
B) Pre- agreement Expenses. The incurring of Pre- agreement Expenses creates no
obligation on the County to execute a Funding Agreement or otherwise satisfy those
expenses. However, prior to the effective date of the Funding Agreement, a recipient
may incur eligible Pre - agreement Expenses as defined in Section 4, and then after the
effective date of the Funding Agreement 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) The Pre - agreement Expenses for all subsequent Series (after Series 05) were
incurred no earlier than one (1) year prior to the application date, unless
previously approved by the Board.
SECTION 7. ELIGIBILITY REQUIREMENTS
A) Economic Development Fund
The Economic Development Fund (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 (TUAs). 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.
B) Historical Preservation, Primary Healthcare Facilities Fund, and Not - for - Profit
Community Organization Capital Funds.
1) Program Objectives
The Historical Preservation, Primary Healthcare Facilities, and Not- for - Profit
Community Organization Capital Funds 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
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and protecting Miami - Dade's future. Medical institutions, historically and culturally
significant properties, and Community 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:
a) Historic Preservation Fund
b) Not - for - Profit Community Organization Capital Fund
c) Primary Healthcare Facilities Fund
2) Program Descriptions and Criteria
a) Historic Preservation Fund
This program 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, 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.
Eli ig_bility Requirements:
Applicants:
• Active and duly registered Florida not - for - profit corporation 501 (c)(3).
• 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 municipal, county, state or National Register, and located
within Miami -Dade County.
b) 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
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organizations make to the future of Miami -Dade County.
Eligibility Requirements:
• 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.
• Architectural /engineering study and /or equipment specifications and
professional cost estimate.
• Two (2) year management and budget plan for the facility.
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.
Eligibility Requirements:
• 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.
• Architectural /engineering study and /or equipment specifications and
professional cost estimate.
• Two (2) year management and budget plan for the facility.
SECTION 8. ELIGIBILITY DETERMINATION AND EVALUATION
Following closure of an Application Submission Period, the Manager will review each
Funding Application for funding eligibility and evaluate the eligibility or ineligibility of
each of its Funding Applications. The Manager may use entities such as those listed in
Appendix A to assist him in the review and to create Project Review Committees. Any
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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. In the case of the Economic Development
Fund (EDF), the Project Review Committee will include, but not be limited to,
representatives from the County's economic development and revitalization departments
(e.g., Office of Community and Economic Development, Metro - Miami Action Plan Trust,
Task Force on Urban Economic Revitalization), Miami -Dade Empowerment Trust, The
Beacon Council, Coalition of Chambers of Commerce, the Greater Miami Chamber of
Commerce, and the Dade League of Cities. The Manager and the Project Review
Committee may detenmine that a Funding Application be classified as:
A) Ineligible. Declaration that a Funding Application 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
disbursement of any bond funds.
C) Eligible. Declaration that a Funding Application is fully eligible.
Funding Applications determined to be Eligible or Conditionally Eligible shall be
reviewed and competitively evaluated to recommend bond funding allocations. A listing of
all Funding Applications 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 the disbursement of funds.
SECTION 9. FUNDING ALLOCATION ADMINISTRATION &
REIMBURSEMENT POLICY
A) As a condition of award of a Funding Allocation, the Building Better Communities
General Obligation Bond Program and the Recipient shall enter into a Funding
Agreement which sets forth the responsibilities and duties of each regarding
administration of the approved Project and approved Funding Allocation. The Funding
Agreement shall specify the Project's beginning and end dates and shall incorporate
such other terms and conditions as may be required by particular circumstances.
B) Payment. Recipients are paid allocated funds subject to the following conditions:
1) Cost of Issuance of Bonds. Not more than one percent. (1%) of the value of each
Funding Allocation award may be earmarked for all costs incidental to the
preparation, issuance and administration of the Building Better Communities
General Obligation Bond Program.
2) Timing. Project costs eligible for reimbursement shall be incurred between the
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effective date of, and the Project completion date identified in, the Funding
Agreement with the exception of Pre - agreement Expenses.
3) Soft Cost Limits. Project Planning, Design and Administration, as defined in
Section 4, are eligible Project soft costs 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 total 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 and may
be subject to other County regulations and Administrative Orders directed by the
Board, including the requirements of the Department of Business Development. No
Bid Waivers or Sole Source acquisitions shall be permitted unless they receive
prior approval of the Board.
5) Recipients are responsible for managing the day -to -day operations of Funding
Allocation supported activities. Recipients must monitor Funding Allocation
supported activities to assure compliance with the Ordinance, these rules, the
Funding Agreement, and all applicable Federal, State, and local requirements.
6) Payments to the Recipient may be withheld at any time that the Recipient fails to
comply with the terms of the Funding Agreement. Funds withheld for failure to
comply with the terms of the Funding Agreement but without suspension of the
Funding Allocation shall be released to the Recipient upon subsequent compliance.
7) Completion of the authorized signature form (Exhibit A).
8) In general, payment shall be made on a reimbursement basis. A Funding
Allocation Recipient may, upon submission of a Request for Advance Payment
form (Exhibit B), 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
Building Better Communities General Obligation Bond funds awarded for the
subject Project. All advance payments received by a Recipient shall be maintained
in a separate interest bearing account and may not be co- mingled with other funds.
All advances must be fully accounted for within one (1) year of the date of the
approval and before subsequent reimbursement requests are paid. The recipient
will be required to close the account and submit a check to the County for the
interest earned accompanied by an Interest Earned on Advance Form (Exhibit Q.
Upon receipt of the check and supporting documentation all subsequent
reimbursement requests can be paid. Checks must be made payable to Miami -
Dade County Board of County Commissioners and forwarded to the Office of the
County Manager.
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9) Recipients must submit reimbursement requests on a quarterly basis, December 31,
March 31, June 30 and September 30. If a Recipient is unable to submit a
reimbursement 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 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 Reimbursement Request
forms as necessary (Exhibits D through H). All Contractual Services /Direct
Payment and Furniture, Fixtures & Equipment reimbursement requests must be
accompanied by supporting documentation (i.e., copies of invoices, receipts and
check payments).
11) Reimbursement requests for Furniture, Fixtures & Equipment items must be
included and approved in the Funding Agreement prior to acquisition. Written
requests for Furniture, Fixtures & Equipment approval must be accompanied by
Exhibit H.
12) Ten percent (10 %) of the value of the Building Better Communities General
Obligation Bond funding for a given Project shall be retained by the County until
the Project is complete 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 retainer 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 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.
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16) 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 to the Project
scope of work in accordance with the Ordinance. Approval of any reduction in
scope of work is at the sole discretion of the Board.
C) Acquisition Projects. Guidelines and requirements for administering Acquisition
Project 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 such purpose. 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 purchase property with Funding
Allocation 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.
4) Signage. For Acquisition only Projects, for six months following Acquisition, the
Recipient 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.
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5) Ownership. Title to land acquired 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 Organization. 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 Organization.
D) Development Projects. Guidelines and requirements for administering Development
Project Funding Allocations are as follows:
1) Licensed Contractors; Contractor Bonds. Duly licensed or registered contractors
shall perform all construction. Construction contracts for work in excess of the
threshold amounts established in Section 255.20 of the Florida Statutes should
contain payment and performance bonds, which comply with the requirements of
that Section.
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 an Applicant'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 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 may be 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. 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
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Projects must not exceed the Recipient's established rates for similar positions.
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. 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) Fixtures, Furnishings and Equipment (FF &E). The cost of fixtures, furnishings
and equipment necessary to operate the facility are eligible if approved in the
Funding Agreement prior to acquisition (See Section 91311). Consumable
goods shall not be considered eligible. (Please refer to Section 4 for a detailed
definition of FF &E)
c) Interpretive Signs and Aids. The cost of signs, display boards or other
interpretive aids relating to the Project are eligible.
d) Signage. During the time period of Development, the Recipient shall post a
sign at the Project site, in the general design provided by the County,
containing the Building Better Communities General Obligation Bond logo,
identifying the source of funding for the Project. The cost of such a sign is
eligible for payment from the Funding Allocation.
e) 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 ineligible costs:
a) Funding Application costs,
b) Ceremonial expenses.
c) Expenses for publicity.
d) Bonus payments unless specifically authorized by the Board of County
Commissioners.
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.
f) Charges for deficits or overdrafts.
g) Charges incurred contrary to the policies and practices of the Recipient.
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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, except for those awards resulting from an
eminent domain taking.
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.
E) 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 Manager with the project
completion certificate.
2) Budget adjustments may not exceed the 17% limitation for design, planning, and
program administration, nor exceed the total budget award allocation, without
approval of the Board.
3) Recipients shall obtain the prior written approval of the Manager for whenever
budget adjustments are anticipated as outlined in a and b, below, and approval of
the Board whenever budget adjustments are anticipated as outlined in c, below. The
request must be in the same budget format the Recipient used in the Agreement and
shall be accompanied by a narrative justification for the proposed revision. Such
request for adjustment shall, if approved, amend the Funding Agreement. 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 Acquisition to Development or vice versa.
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. However, 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 Manager is authorized to approve such budget changes and
expenses not to exceed 15% of the total budget.
c) Any change that would increase planning, design, and program administration
in the aggregate total.
F) 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
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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 reduction in the Project scope consistent with the terms
of the Ordinance.
The Board, at its discretion, may authorize in writing a reduction in the scope of the
Project: (i) where reduction of the scope is consistent with the Ordinance; and (ii) where
the reduction 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 10. 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 by
June 1 st, following the fiscal year for which the audit was performed. An audit must be
submitted from all funded Recipients, even if they did not submit or receive
reimbursements during the fiscal year. The audit report must include the Fund
Summary Status Report, Exhibit J. The audit must be performed by certified
independent auditors and include the following:
1) Test for compliance with the Funding Agreement, Miami -Dade County Ordinance
No. 0547, 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
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the general public except where leases are in effect. Any land, 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 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 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, audit or 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 other
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.
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
program.
4) Withhold further Funding Allocation awards from the Recipient, or
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5) Take other remedies that may be legally available.
G) Any of the enforcement actions listed in paragraph F above, taken by the 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.
H) Costs of Recipient resulting from obligations incurred by the Recipient during a
suspension or after termination of an award are not allowable unless the Manager
expressly authorizes them in the notice of suspension or termination or subsequently
authorizes them in writing. Other Recipient costs during suspension or after
termination which are necessary and not reasonably avoidable are allowable if-
1) The costs result from obligations which were properly incurred by the Recipient
before the effective date of suspension or termination, are not in anticipation of it,
and in the case of a termination, are non - cancelable; and
2) The costs would be allowable 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.
I) 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 Funding
Agreement. Staff shall perform an inspection of the Project site to ensure compliance
prior to release of the final Funding Allocation payment.
SECTION 11. QUARTERLY REPORTS
Recipients are required to submit the Project Status Report on a quarterly basis, in the
format stipulated by the Manager. Additional reports that shall be due upon request of the
Manager may include, but are not limited to:
A) Actual accomplishments of each Funding Allocation
B) Problems encountered in implementation of each Funding Allocation
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 12. 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
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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;
5) Audit rights set forth in these rules.
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 an award, 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 13. 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 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 Manager shall submit recommendations
amending these administrative rules to the Board, which may approve or reject such
recommendations by majority vote.
The Manager shall be authorized and required to administer the Building Better
Communities General Obligation Bond Program consistent with the Ordinance and these
administrative rules.
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APPENDIX A
Empowerment Zone Trust Board
Task Force on Urban Revitalization
Metro Miami Action Plan Trust
Beacon Council
Dade Heritage Trust
Historic Preservation Board
Alliance for Human Services
Dade Community Foundation
Office of Countywide Health Care Planning
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