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Home My WebLink AboutReso 2006-880 RESOLUTION NO. 2006- 'RRO A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND MIAMI-DADE COUNTY FOR THE CONSTRUCTION OF A CITY RECREATION/COMMUNITY CENTER AND VARIOUS PARK FACILITIES, OTHERWISE KNOWN AS THE REDESIGN ACTIVE PARK PROJECT; AUTHORIZING THE CITY ATTORNEY AND CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THE TERMS OF THE INTERLOCAL AGREEMENT AND TO ACCEPT $347,000 FROM THE BUILDING BETTER COMMUNITIES GENERAL OBLIGATION BOND PROGRAM; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on or about July 20, 2004, the Miami-Dade County Board of County Commissioners (the County) authorized a referendum for the issuance of$2.926 billion in general obligation bonds from the Building Better Communities General Obligation Bond Program for countywide capital projects, which was approved by a majority vote (the BBC GOB Program); and WHEREAS, the Mayor and Commission of the City of Sunny Isles Beach wish to construct a recreation/community center and various park facilities on 2.0 acres of land, as a forum to host various sporting and cultural events (the Redesign Active Park Project); and WHEREAS, this Project is estimated to cost over $7,00,000 and the County has allocated funds in the amount of $347,000 from the BBC GOB Program for that project; and WHEREAS, the Mayor and Commission of the City of Sunny Isles Beach wish to authorize the City Manager to execute an interlocal agreement for the receipt and expenditure of the County funds for this project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section I. Authoritv to Citv Manager. The Mayor and Commission of the City of Sunny Isles Beach, hereby authorize the City Manager to execute an interlocal agreement with Miami-Dade County, and all related documents, for the receipt and expenditure of the BBC GOB Program funds for the Redesign Active Park Project. Section 2. Authoritv of the Citv Manager and Citv Attornev. The City Manager and the City Attorney are hereby authorized to do all things necessary to effectuate the terms of the agreement and this resolution and to accept $347,000 from the Building Better Communities General Obligation Bond Program. Section 3. Effective Date. This Resolution is effective upon adoption. Resotutnn - Redesign Active Park Project Page 1 of2 PASSED AND ADOPTED this 19th day of January, 2006. ATTEST: ~~'/:\-L Jane A. Hines, City Clerk APPROVED AS TO FORM AND L AL SUFFICIENCY: Moved by: (\.,W\YY\\<;<'\ o I\) YA'L ~ vtL'eR. Seconded by: C .ri'Y\r(\\S<::'\oIOVL I<;'L~si~ Vote: S-D Mayor Edelcup Vice Mayor Brezin Commissioner Goodman Commissioner Iglesias Commissioner Thaler ~Yes) ~Yes) !dYes) \L(Yes) -'Lt.Yes) (No) _(No) _(No) _(No) _(No) Rcsolutbn - Redesign Active Park Project Page 2 of2 AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH FLORIDA AND MIAMI-DADE COUNTY GOB Project Number 56-70563/Redesign Active Park 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 Sunny Isles Beach, Florida, a municipal corporation organized under the laws of the State of Florida, through its governing body, the Mayor and commissioner~the City ~nny ~s Beach, Florida (the "Municipality") is entered into this () day of ~ ~ , 2006. 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 56-70563/Redesign Active Park, (the "Project") is eligible for funding from the BBC GOB Program in a total amount not to exceed $347,000 (the "Funding Allocation"); and WHEREAS, the Municipality is undertaking completion of a recreation center and various park facilities 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 Redesign Active Park Project is estimated to cost $8,094,000 (the "Total Project Cost") and will be funded from the sources listed in Exhibit 1; and Building Better Communities Municipal Agreement I of II SIB '1J WHEREAS, pursuant to the terms of this Agreement the County has agreed to allocate $347,000 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 purpose described in the funding request, and in consideration of the mutual promises and covenants contained herein and the mutual benefits to be derived from this Agreement, the parties hereto agree as follows: Section 1. Purpose: The purpose of this Agreement is to clarify the parties' roles and obligations regarding the 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. Representations of the Municipality: The Municipality covenants and warrants that it has, in combination with the Funding Allocation, the amount of funding necessary for the completion of the Project. The additional sources of funding are listed in Exhibit 1. Responsibilities of the County: The County agrees to provide solely from BBC GOB Program proceeds for the Funding Cycle Allocation in an amount equal to $347,000. 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. b. c. 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. Building Detter Communities Municipal Agreement 2 of 11 SIB ..fy "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 and Attachment 1, which exhibit is hereby incorporated in this Agreement by this reference. Section 5. Contractual obligation to comply with certain County requirements: The Municipality shall comply and shall cause its contractors to comply with Miami-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 provide Developer, on an annual basis, and execute a Miami-Dade County Disability Non-Discrimination Affidavit confirming such compliance. The Municipality 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), Resolution No. R-385-95 (Policy prohibiting contracts with firms violating the ADA and other laws prohibiting discrimination on the basis of disability), Resolution No. R.-185-00 (Domestic Leave Ordinance). Except where State or federal laws or regulations mandate to the contrary, the Municipality shall comply and shall cause its contractors to comply with the requirements of Section 2-1701 of the Code of Miami-Dade County and Administrative Order 3-27 and the Community Workforce Program Provisions to the same extent as if this Agreement were a County capital construction contract. Building Belter Communities Municipal Agreement 3 of I I SIB -1) Except where State or federal laws or regulations mandate to the contrary, the Municipality shall comply and shall cause its contractors to comply with the requirements of Section 10-33.02 of the Code of Miami-Dade County and the Community Business Small Enterprise Program Provisions to the same extent as if this Agreement were a County capital construction contract. The Municipality shall cooperate and shall cause its contractors and consultants to cooperate with the County's Department of Business Development ("DBD") to identify and establish appropriate Community Small Business Enterprise ("CSBE") subcontractor and local workforce (CWP) goals for construction trade and labor work associated with the Project. The Municipality shall cause its contractors to comply with all [CBE-AlE,] CBSE subcontractor and local workforce goals established by DBD for the Project and shall cause its contractors to comply with all other requirements of the CSBE Participation Provisions and Community Workforce Program Provisions. The Municipality shall, and shall require all contractors and consultants to, (a) comply with all periodic monitoring and other compliance documentation required by DBD in connection with the CSBE Participation Provisions and the CWP, (b) grant to DBD all rights of access to records of contractors and subcontractors for monitoring and compliance with the foregoing, and (c) comply with all enforcement actions and pay any sanctions imposed by DBD for non-compliance with the foregoing. The Municipality shall include the foregoing requirements in each contract. 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 the CWP and the CSBE Participation Provisions (including prompt payment), and 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 access 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 Building Better Communities Municipal Agreement 4 of II SIB 13 required in this section for the purpose of inspection or auditing during normal business hours. 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 materialman) from IG, the Municipality (and any affected contractor and materialman) 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 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 I3uilding Beller Communities Municipal Agreement 5 of I I SIB '15 conducted such monitoring or investigation and the County shall have no obligation to exercise any of its rights for the benefit of the Municipality. 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: (I) 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 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. (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 Building Better Communities Municipal Agreement 6 of 11 SIB 15 County by the Municipality; provided, however, that if not reasonably possible to cure such default within the thirty (30) day period, such cure period shall be extended for up to one hundred eighty (180) days following the date of the original notice if within thirty (30) days after such written notice the County commences diligently and thereafter continues to cure. (c) Remedies: (1) Upon the occurrence of a default as provided in Section 9(a)(1) and such default is not cured within the applicable grace period, the County, in addition to all other remedies conferred by this Agreement, the Municipality shall reimburse the County, in whole or in part as the County shall determine, all funds provided by the County hereunder. (2.) Either party may institute litigation to recover damages for any default or to obtain any other remedy at law or in equity (including specific performance, permanent, preliminary or temporary injunctive relief, and any other kind of equitable remedy). (3) Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by any party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default. (4) Any failure of. a party to exercise any right or remedy as provided in this Agreement shall not be deemed a waiver by that party of any claim for damages it may have by reason of the default. (d) Termination: (1) Notwithstanding anything herein to the contrary, either party shall have the right to terminate this Agreement, by giving written notice of termination to the other party, in the event that the other party is in material breach of this Agreement. (2) Termination of this Agreement by any Party is not effective until five (5) business days following receipt of the written notice of termination. (3) Upon termination of this Agreement pursuant to Section 9(d)(1) above, no party shall have any further liability or obligation to the other party except as expressly set forth in this Agreement; provided that no party shall be relieved of any liability for breach of this Agreement for events or obligations arising prior to such termination. Section 10. Litigation CostsNenue: In the event that the Municipality or the County institutes any action or suit to enforce the provisions of this Agreement, the prevailing party in such litigation shall be entitled to reasonable costs and attorney's fees at the trial, appellate and post-judgment levels. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. The County and the Municipality agree to submit to service of process and jurisdiction of the State of Florida for any controversy or claim arising out of or relating to this Agreement or a breach of this Agreement. Venue for any court Building Better Communities Municipal Agreement 7 of 11 SIB 1!J action between the parties for any such controversy arising from or related to this Agreement shall be in the Eleventh Judicial Circuit in and for Miami-Dade County, Florida, or in the United States District Court for the Southern District of Florida, in Miami-Dade County, Florida. Section 11. Naming Rights and Advertisements: 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: George M. Burgess, County Manager Miami-Dade County, Stephen P. Clark Center 111 NW 1 Street, Suite 2910 Miami, Florida 33128 The Municipality: Fred Maas Interim City Manager 18070 Collins Avenue Sunny Isles Beach, Florida 33106 Section 13. Modification and Amendment: Except as expressly permitted herein to the contrary, no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and equal dignity herewith. Section 14. Joint Preparation: The preparation of this Agreement has been a joint effort of the parties, and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than the other. Section 15. Headings: Captions and headings in this Agreement are for ease of reference only and do not constitute a part of this Agreement and shall not affect the meaning or interpretation of any provisions herein. I3uilding Better COllllllunities Municipal Agreement 8 of 11 SIB ':j!J Section 16. Waiver: There shall be no waiver of any right related to this Agreement unless in writing and signed by the party waiving such right. No delay or failure to exercise a right under this Agreement shall impair such right or shall be construed to be a waiver thereof. Any waiver shall be limited to the particular right so waived and shall not be deemed a waiver of the same right at a later time or of any other right under this Agreement. Waiver by any party of any breach of any provision of this Agreement shall not be considered as or constitute a continuing waiver or a waiver of any other breach of the same or any other provision of this Agreement. Section 17. Representation of the Municipality: The Municipality represents that this Agreement has been duly authorized, executed and delivered by Mayor and Commissioners, as the governing body of the City of Sunny Isles Beach, 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 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. Building Belter Communities Municipal Agreement 9 of I I SIB 16 Section 20. 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, subconsultants 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. The Municipality expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the Municipality 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. The County does hereby agree to indemnify and hold harmless the Municipality to the extent and within the limitations of Section 768.28 Florida Statutes, subject to the provisions of that statute, whereby the County shall not be held liable to pay a personal injury or property damage claim or judgment by anyone person which exceeds the sum of $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. Building Better Communities Municipal Agreement 10 of I I SIB l' IN WITNESS THEREOF, the parties through their duly authorized representatives hereby execute this AGREEMENT with an effective date of , 2006. ......... ~~.~COMI11I..... . \ (",.. ';:"Q^ "S>' /<:- tI 11~ l;/\ .' .....lJ. 0, ..::1 ... -. I ~ .... Co UN TV /-~ . .0 -., try. . ) .-r> fJ~.. . .. (.. ( ,,~"b I 't ,"w 0 R \ 'C C,,:> t' 't .",.... " '" lr*-t< c." ............. Approved by County Attorney as ~encY. 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QJ 0.0.__ 'enQ) '" x ..r::.Q)'f~..c--c(l)......Boc c ~ ~t;N1.+=.B-g~~.EQ)o..~ '6 .~ oco.....Q):;?('IJ.....Erocn_"O.. c '" :;08-5 rob('IJ >'"'0 o.~ Q) .2 0 =N-O Uj:=f; en~.E o.f; CD ~ ~2'~ (I) Q) M 8 ~u~'!::'O 0 c U2 ~~~:: ro'>'$ M1? c Cl 0 .~ ~ g ~ 0 1? 5r ~ ~ ..c ~ .2 ~ '13 o .- ~ ...... .. 0. (ij Oi 0 Q) 2 0..~8 ~.s'a;2 E.o.S IV "0.. c <;; " .!:1 0.. q'~ Ul E ~ 8 & U E E " c 0 r=. g.~~~.g 6 ME.@~ 8 '" () f- BUILDING BETTER COMMUNITIES GENERAL OBLIGATION BOND PROGRAM ADMINISTRATIVE RULES TABLE OF CONTENTS ARTICLE I - GENERAL CONDITIONS SECTION I. BACKGROUND SECTION 2. SCOPE SECTION 3. GENERAL SECTION 4. DEFINITIONS ARTICLE II -FUNDING PROCEDURES SECTION I. FUNDING CYCLES; APPLICATION SUBMISSION PERIODS SECTION 2. FUNDING APPLICATION SECTION 3. ELIGIBILITY REQUIREMENTS SECTION 4. ELIGIBILITY DETERMINATION AND EVALUATION ARTICLE III - GRANT ADMINISTRATION SECTION I. FUNDING ALLOCATION ADMINISTRATION & REIMBURSEMENT POLICY SECTION 2. COMPLIANCE RESPONSIBILITIES SECTION 3. REPORTS SECTION 4. PROJECT CLOSE-OUT SECTION 5. INTERPRETATION; ADMINISTRATION Building Better Cominunities Administrative Rules 10f22 Page 2 Page 2 Page 2 Page 2 Page 2 Page 5 Page 5 Page 6 Page 7 Page 9 Page I I Page I I Page 18 Page 21 Page 21 Page 22 ARTICLE I - GENERAL CONDITIONS SECTION I. 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 iu 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 administrativc rules with monies from four (4) funds. The funds are the Historical Preservation Fund, the Economic Dcvelopment 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. Failurc 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 III NW I Street Suite 2910 Miami, Florida 33 I 28 Attention: Roger T. Hernstadt or to a Department or agcncy 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 and/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 20f22 "Application" means the process described in these rules to make a formal request for Funding Allocation which remains open until the execution of a Grant Agreemcnt or Interlocal Agreement, as the case may be, or a decision by the County not to providc a Total Funding Allocation. "Application Submission Pcriod" means the formally announccd period of time for the submission of a Funding Application Package in a given Funding Cycle. "Board of County Commissioncrs" or "Board" means the legislative and the governing body of the County. "Community-Bascd Or'ganization (CBO)" shall refer to any not-for-profit 501(c)(3) agency, group, organization, socicty, association, partnership or individual whose primary purpose is to provide a community service designed to improve or enhancc 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 Managcr" or "Managcr'" means the head of the administrative branch of the County government or his/her designated representative. "Dcvclopment" means the act of physically improving an area, facility, resource or site to increase its ability or capacity to serve the public. "Dcsignated Projccts" mcans the specific Projects approved by the Board in the Ordinance and the electors on Novembcr 2,2004 for inclusion in the BBC GOB Program. "Fixtures, Furniturc and Equipment (FF&E)" means I) Fixturcs - items that are permanently affixed to the building or property, i.e., doors, bathroom stalls, NC 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, computcrs for computer labs, portable basketball goals for gymnasiums, etc. "Fund Projects" means the specific Projects approved by the County pursuant to these administrativc rules for a Funding Allocation from one of the Funds. "Funds" 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 Healthcarc Facilities Fund. "Funding Cyclc Alloeation" 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 30f22 Project; or (ii) the total amount approved by the County from a Fund for use by a Recipicnt 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 Packagc" means the complete submittal package required by thcse administrative rules and submitted by an Applicant for a Project. (See Article II, Section 2). "Funding Cyclc" 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 Ag,"ccment" mcans 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. "Intcrlocal Agrecment" 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. "Municipality" means a political unit, such as a city, town, or village, incorporated for local self- government within the confines of Miami-Dade County. "Ordinancc" means the Building Better Communities General Obligation Bond Ordinance No. 05- 47. "Pre-Agrccmcnt Expenscs" means eligible expenses identified in Article III, Scction I(B) of these rules incurred by a Recipient for accomplishment of a Project prior to full execution of a Grant Agreement or an lnterlocal Agreement, as the case may be. "Projcct" mcans 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 Agcncy or Public Agcncics" 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. "Recipicnt" 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 (accounting/purchasing/personnel, 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 4 of22 by the following three areas: . Project Administration - administration, project management (not related to construction supervision), indirect costs (accounting/purchasing/persorlllel, etc.) and imposed fees (e.g., Professional Services Agreement selection/permit processing fees). Project management rclated to construction supervision is not considered a soft cost; and . Plarllling 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 II - FUNDING PROCEDURES SECTION 1. FU NDlNG CYCLES; APPLICATION SUBMISSION PERIODS A Funding Cycle shall be established by the Board on a periodic basis related to the sale of bonds, provided therc are Building Better Communities Gencral 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 20th, 2004, the date thc 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 Rccipient, as the case may be, implements the Funding Allocations. The Funding Application packagc 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 aIUlounced in newspapers of general circulation in the County at least one (I) month prior to the deadline for submission of the Funding Application Package, unless otherwise waived by the Board. Building Better Communities Administrative Rules 5 of 22 SECTION 2. FUNDING API'LICA TION An Applicant must submit a complete Funding Application in order to be eligible to rcceive a Funding Allocation award. A complcte Funding Application Package means onc that meets all the requirements of the Ordinance and these' administrative rulcs and is supported by proper documcntation requircd by these administrative rules. The Funding Application Packagc shall consist of: I) Completed Funding Application Form. 2) Completed line item budget. The line item budget must be submitted with budget justifications for thc Construction and Fixtures, Furniturc and Equipment line items. The justification should provide dctailed descriptions of the project elements. Reimbursement for Fixtures, Furniture & Equipment is contingcnt upon prior inclusion and approval of these expenses in the Grant Agrecment. (See Article III, Section I (C)). 3) Letter(s) of commitment for matching funds that complement thc Funding Allocation request as may be required by the Application. 4) Projected complction date for thc Project and if the Projcct will be constructed in phases, the completion date of cach phasc. 5) Project location map. 6) For Developmcnt Projccts, certification of owncrship 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) authorizes the execution of the Grant Agreemcnt or the Interlocal Agreement, as the case may be; (ii) commits thc Applicant to complete the Project; (iii) as applicable, commits the Applicant to provide operating, maintenance and programming nmds upon completion of the Project, to the cxtent 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 othcr 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 requcsting funding for a Project in phases shall commit to completing the Project as defined in the Grant Agreement or the Interlocal Agreemcnt, as the case may be, unless otherwise modified by approval of the Board in accordancc with these rulcs and the Ordinance. In the evcnt an applicant intends to submit a request for pre-agreement reimbursement, the applicant shall comply with Article III, Section I (B)). Building Better Communities Administrative Rules 6 of 22 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 Dcsignated Project. B) Fund Projects I. Funds Objcctives 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 ordcr to create jobs. The EDF includes $75 million that is available countywide and $15 million that is specifically focuscd 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 othcr 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 Communi tics 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 prcserving and protecting Miami- Dadc 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 7 of 22 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. · Activc and duly registered Florida for-profit corporation or recognized business entity. · Municipal cntity 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. · Financially stable including financial commitments to complete the Designated Project. · 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 agencics for the acquisition, rclocation 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. Eligibilitv 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 ofresidcntial 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 locatcd in Miami-Dade County. . Property dctermined 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. · 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 80f22 Eligibilitv Requirements for Applicants: · 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 Commitmcnt confirming the resources necessary to accomplish the project. · Architectural/engineering study and/or equipment spccifications 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 Hcalthcare 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. Eligibilitv Requirements for Applicants: · Legally incorporated 50 I (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/cngineering study and/or cquipment 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 Dcvclopmcnt Fund . Empowerment Zone Trust Board . Miami-Dade Empowerment Trust . Office of Community and Economic Development Building Better Communities Administrative Rules 90f22 · Coalition of Chambers of Commerce . Task Force on Urban Revitalization . Mctro Miami Action Plan Trust . Beacon Council · Grcater Miami Chamber of Commercc . Dade League of Cities Histol'ic Prcscrvation Fund . Dade Heritagc Trust . Historic Preservation Board Not-Cor-Profit Community Onranization Callital Fund . Alliance for Human Services . Dade Community Foundation Primal>' I1calthcal'e Facilitics 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 Managcr by the Project Revicw Committee. The County Manager and the Project Review Committee may determine that a Funding Application Package be classified as: A) Incligiblc. Dcclaration that the Project identificd 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 cvent that conditional approval is given, Board staff shall verify that the conditions have becn satisfied prior to executing a Grant Agreement or an Intcrlocal Agreement, as the case may be. C) Eligible. Declaration that a Project identified In a Funding Application Package IS fully eligible. Funding Application Packages detcrmined to be Eligible or Conditionally Eligiblc shall be reviewed and competitivcly evaluated to recommend bond funding allocations. A listing of all Funding Application Packages shall be reviewcd by thc GOB Sub-committee and presented to the Board by the County Manager in the form of a Rcsolution stating the eligibility determination, presenting the County Manager's funding recommendations based on the competitive evaluation and seeking approval for the disbursemcnt of funds. Building Better Communities Administrative Rules 100f22 ARTICLE III - GRANT ADMINISTRATION SECTION 1. FUNDING ALLOCATION ADMINISTRATION & REIMBURSEMENT POLICY A) Grant Agreement or Interlocal Agrecment 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 Narrativc/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 linc item budget (proposed usc of BBC GOB funds); d) If thc Recipient is a Community-Based Organization or other entity (not a Municipality or Public Agency, a letter of commitment of matching funds validly exccuted committing the organization to raise any additional capital funds necessary to complete the Projcct, 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; t) Certification of ownership, or evidence of lease or other use agreement for a minimum un-expircd term of25 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 devclopment 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 Belter Communities Administrative Rules Ilof22 B) P,'c-Agrccmcnt EXJlcnscs. The incurring of Pre-Agreement Expenscs creates no obligation on the County to execute a Grant Agreement or Interlocal Agrcement, as the case may bc, or otherwisc satisfy thosc cxpenses. However, prior to thc effective date of the Grant Agreement or Intcrlocal Agreement, as the case may be" a Recipient may incur cligible Pre-Agreement Expenses as defined in Articlc I - Section 4, and then after thc effective date of thc Grant Agreement or Intcrlocal Agreement, as the casc may be, be reimbursed for thosc costs, provided that: I) The costs and actIVItIes are funded as patt of the Funding Allocation award and are In compliance with thc rcquirements of the Ordinancc and thcse rules. 2) For those Projccts funded from proceeds from the first salc of BBC Program general obligation bonds (the "Series 2005 Bonds"), reimbursemcnt for Pre-Agreement Expenses is limited to those Pre-Agreement Expenses incuned on or after November 2, 2004, unlcss previously approvcd by the Board. For those Projccts funded by bond proceeds from bond sales subsequent to the sale of the Series 2005 Bonds, reimburscmcnt of Pre-Agreement Expenses is limitcd to those Pre-Agreement Expenses incurred one (I) year prior to the first day of the Application Submission Period, unless previously approvcd by the Board. 3) The Rccipient has notificd the County Manager in writing of the intent to submit eligible Pre-Agrecmcnt expenses for rcimbursement within 30-days of a Grant Agrcement or Interlocal Agreement being executed. Recipients shall scnd a letter addressed to the County Manager for his revicw and approval of eligible expcnses. C) Paymcnt. Recipicnts are paid allocated funds subject to the following conditions: Cost of Issnancc of Bonds. Not more than one percent (I %) of the value of each Funding Allocation award may be carmarked for all costs incidental to the preparation, issuance and administration of the BBC GOB Program. 2 Timing. Project costs eligible for reimburscmcnt shall be incurred between the effcctive datc of, and the Project completion date identified in, thc 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 Scrviccs, Design Services and Project Administration, as defined in Article I Section 4, "Soft Costs", are eligible for funding providcd that bond proceeds utilized to pay for such costs do not exceed seventeen percent (17%) of thc total bond procceds allocated to a given Project. This limitation may bc waivcd by the Board. Where a major Project is fundcd in phases, this cost limit may not nccessarily 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-to-day operations of Funding Allocation supportcd activities, and maintaining communications with the County Manager regarding the Project. Recipients must monitor Funding Allocation supported activities to assurc Building Better Communities Administrative Rules 120f22 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. 6) Payments to thc Recipient may be withheld at any time that the Recipient fails to comply with the terms of the Grant Agreemcnt or the Interlocal Agreement, as the case may be. Funds withheld for failure to comply with the terms of the Grant Agrcement or thc Interlocal Agreement, as the case may be, but without suspcnsion 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 Rccipient unless the Recipient fails to dcvelop 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) 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 valuc of the Funding Allocation 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 (I) 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 chcck to the County for the interest earned accompanied by an Interest Earned on Advancc Form (Exhibit C). Upon receipt of the check and supporting documcntation all subsequent reimbursement requests can be paid. Checks must be made payable to Miami-Dade County Board of County Commissioners and forwarded to the Officc of the County Manager. 9) Recipients must submit reimbursement/payment requests no later than quartcrly. If a Recipient is unable to submit a reimbursemenUpayment request by the quarterly deadline, a written justification indicating the reason for the delay and expected submission date is required to be submittcd by the deadline. Failurc to comply with this requirement shall render thc Recipicnt 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 ofthc County Manager. 10) Recipicnts shall complete, sign, and submit to the County the appropriate Reimbursement Request forms as necessary (Exhibits D tlu'ough H) accompanied by supporting documentation (i.e., copies of invoices, receipts and check payments). 11) Reimbursement requests for" Fixtures, Furniture & Equipment itcms must be included and approved in the Grant Agreement or the Interlocal Agreement, as the case may be, prior to acquisition. Written requcsts 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 Building Better Communities Administrative Rules 13 of 22 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 Projcct, a signed project completion certificatc (Exhibit I) must be submitted with the final reimbursement request forms in order for thc remaining retainage to be released. 13) The County Manager may require that reimbursement requests for any Funding Allocations rcquiring a cash match must be accompanied by documcntation of thc cxpenditure of committed match funds (i.e., copies of invoices, canceled checks, etc.). 14) Each Rccipicnt will ensure that all contractors and consultants perform in accordance with the terms, conditions, drawings and specifications of their contracts or purchasc 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 Communitics General Obligation Bond funds and any supplcmcntal funds used for the Projcct. The Recipient shall at all times maintain a separate accounting of all Building Bcttcr Communities General Obligation Bond funds. 16) Each Recipient shall bc responsiblc for reporting, on a continuous, on-going basis, any contractual rclationship established to perform work on the project, start dates, progress paymcnts, completion dates, etc. in the system provided by the County. 17) The Recipient shall be responsible for complcting the Project. If the total cost of the Project cxceeds thc valuc of the Funding Allocation, then the Recipient must providc any supplcmental funds requircd. In the cvcnt that supplemental funds are necessary for completion of a Projcct, as of the point in time that it is known that supplcmcntal funds arc 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 Rccipient to provide supplcmental funds may be modified, in part or whole, by the Board, to the extcnt that it approves in writing any reduction or change to the Project scope of work in accordance with the Ordinance. Approval of any rcduction or changc in scope of work is at the sole discretion of the Board. D) Acquisition Projects. Guidelines and requirements for administering Acquisition Project Funding Allocations arc as follows: Appraisal Required. Prior to acqUIsItIon of a Project site, a Recipient must obtain an appraisal or appraisals supporting thc fair market value of the land to bc acquired. Pursuant to State law, if the propcrty is $500,000 or less in appraiscd 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 authorizcd for payment for land acquisition shall in no casc 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 writtcn justification for the purchase price and other conditions attendant to thc proposed purchase, which justification is declarcd satisfactory by the Board in writing. Building Better Communities Administrative Rules 140f22 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 II environmental survey may require provided the scope of the project is not impacted. Changes to the scope of the project requirc BCC approval. 4 Siguage. For six months following an Acquisition, the County shall post a sign, in the general dcsign provided by the County, containing the Building Better Communitics General Obligation Bond logo, identifying the sourcc 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 50I(c)(3) not-for-profit Community-Based Organization. E) Development P,'ojects. Guidelines and requirements for administering Development Project Funding Allocations are as follows: I) 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 requircments of Section 255.05, Florida Statutcs. 2) Cost Elements. a) Construction Equipment. Recipients arc 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 uscd and be related to the Project. If a Recipient does not have needed construction equipment available, then the Recipicnt may rent such cquipment. 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 Recipicnt's normal practice or policy. If capitalized, only the cost reasonably attributable to the Project may be claimed under the Project. c) Pcrsonnel or Employee Services. Services of the Recipient's employees who perform work directly related to the accomplishment of the Project are eligible costs payable Building Better Communities Administrative Rules 150f22 from thc Funding Allocation. These costs must be computed according to the Recipient's prcvailing wage or salary scales and may includc fringe bcnefit costs, such as vacations, sick leave, FICA, MICA, hcalth and life insurance, and workers compensation at the Rccipient's established fringe benefit ratc. Costs chargcd to the Project must bc computed on the basis of actual time spent on the Project, and suppOlted by time and attendancc records describing the work performed on the Project. Overtimc costs may bc allowed under the Recipient's established policy, provided that thc rcgular work time was devotcd to thc same Project. Salaries and wages claimed for employees working on allocation-funded Projccts must not exceed the Rccipient's establishcd ratcs for similar positions or rates per industry standards. Alternativc methodologies for established wagc 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 thc Funding Allocation. The Recipicnt 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 employecs. 3) Cost Activities. a) Construction activitics. The cost of all necessary construction actJvlhes, from sitc preparation (including demolition, survey, excavation and other site work) to the completion of a structure is cligible for payment from the Funding Allocation. b) Fixtures, Furniture and Equipment. The cost of Fixtures, Furniture and Equipment ncccssary to operate the facility are cligible for paymcnt from the Funding Allocation if approved in the Grant Agreement or the Interlocal Agreement, as thc case may be, and a dctailed list of cligible items is submitted in writing and approved by the County Manager prior to its purchase (See Articlc 1lI, Scction I (c)). Costs for consumable goods shall not bc 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) Interpretivc Signs and Aids. The cost of signs, display boards or othcr intcrpretive aids relating to thc 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 prominent location at the Project site in the general design provided by the County depicting thc Building Better Conullunities Gcneral Obligation Bond logo and identifying the source of funding for the Project. The cost of such a sign is eligiblc for payment from the Funding Allocation. Recipients are cncouraged to use value-enginecring clauses in contracts for construction projects of sufficient size to offer reasonable opportunitics for cost reductions. 4) The following is a nonexclusive list of costs ineligible for payment from the Funding Allocation: a) Funding Application costs. Building Better Communities Administrative Rules 160f22 b) Ccremonial cxpenses. c) Expenses for publicity. d) Bonus payments unlcss specifically authorized by the Board. e) Charges in excess of the lowest responsive and responsiblc bid or proposal in accordance with the governing rulcs and procedures of the Recipient, when the law requires the Recipient to utilize competitive selection. In the event a sclection process is used, other than a low bid process any cost in excess of the cost of the highest ranked firm shall be considered ineligiblc. f) Charges for dcficits or overdrafts. g) Charges incurred contrary to the policies and practices of the Recipient. h) Interest expense (May be reimbursed at the discrction 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 scrvices, material or equipment obtained under any other program. k) Costs of discounts not taken. 1) The cost of purchasing a non-rcfundable option when acquiring land. F) Budgct Changcs. I) Recipients shall adjust their Projcct budgets to reflect actual costs and updatcd cost estimates and shall submit adjusted Project budgets to the County Manager as soon as the recipient is aware of a material budgct change. 2) Budget adjustmcnts may not excecd the 17% Soft Cost limitation for design, planning, and program administration, nor cxceed the Project Funding Allocation without approval of the Board. 3) Recipients shall obtain the prior written approval of the Board whenever budgct adjustments are anticipatcd as outlined in a, b, and c bclow. The request must be in the same budget format the Recipicnt used in the Grant Agreement or Intcrlocal Agreement, as the case may be, and shall be accompanied by a narrative justification for the proposed revision. Such request for adjustment shall, if approvcd, 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 requircd: a) For any Project involving both Acquisition and Development activities, any proposed budgct transfers from Development to Acquisition. b) Any proposed reduction or revision of the scope or objectives of thc Project (regardless Building Better Communities Administrative Rules I70f22 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)(I). In the event that a Recipient has completed the approved scope of work for a Projcct and has unexpended funds, the Recipient may submit a requcst to the County Manager's Office to expend thcse 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: I) 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 tcrms of the Ordinance. The Board, at its discretion, may authorize in writing a change or revision in thc 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 received and each year thereafter until Project completion. The audit report must include the Fund Summary Status Report, Exhibit 1. The audit must be performed by cel1ified independent auditors and include the following: I) Test for compliance with the Grant Agreement or Interlocal Agreemcnt, 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 compliancc with advance requirements. 3) Sufficient tests, as determined by the independent auditor to verify true and accuratc reflection of Project expenditures. Building Bctter Communities Administrative Rules 18 of 22 4) Tcsts to verify expcnditure of rcquired match dollars. 5) Verification of the Fund Summary Status Rcport. 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 land, facilities, or equipment acquired with Building Better Communities General Obligation Bond funds may not bc sold or transferred without thc 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 thesc 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 thc Board, through a joint ownership, use, franchise or othcr 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 revocablc 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 thc 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, whichcver is latcr. 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 retcntion pcriod starts on the day the Recipient submits its final expenditurc report. E) The Board and the County, or any of thcir authorized reprcsentatives, shall have the right of access to any pertincnt books, documents, papers or other records of the Recipient in order to make audits, examinations, excerpts and transcripts. Office of the Miami-Dade County Inspector General (IG) (MDC Code Section 2-1076) shall have the authority and power to rcview past, present and proposed County programs, accounts, records, contracts and transactions. The IG shall havc 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 Rccipient 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 whethcr a particular project, program, contract or transaction is or was necessary and, if decmed necessary, whether the method used for implementing the project or program is or was efficient both financially and operationally. Monitoring of an cxisting 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 changc orders. Building Better Communities Administrative Rules 190f22 Thc IG may, on a random basis, perform audits on all County contracts throughout the duration of said contract (hercinafter "random audits"). This random audit is separate and distinct from any othcr audit by the County. To pay for the functions of the Office of the Inspector Gcncral, any and all payments to be made to the Recipient under thc Grant Agreement will be assessed one quartcr of onc percent of thc total amount of the payment, to be deductcd from cach progress paymcnt as the same becomcs due unless, as stated in the Code or the Grant Agreemcnt, the Project is federally or state funded and fcdcral or state law or regulations precludc such a charge. Thc Recipient shall in stating its agreed priccs bc mindful of this assessment. The IG shall have the power to retain and coordinate the serviccs of an independent private scctor inspcctor 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 performancc 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 clected officials in order to ensure compliance with contract specifications and detect corruption and fraud. F) If a Recipient materially fails to comply with any telm of an award, the Board or the County Manager may take onc or more of the following actions, as appropriate in the circumstances: 1) Tcmporarily withhold cash payments pcnding 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 Rccipient's Project; 4) Withhold further Funding Allocation awards from the Recipient; or 5) Take other remcdies that may be legally availablc. G) Any of the cnforcemcnt actions listcd in paragraph F above, taken by the County Manager, which are contested and unresolved betwcen the Recipient and thc County within thirty days of such action, will rcsult in thc Board providing the Recipient with an opportunity to be heard on the issue. Said hearing will occur within sixty days of thc Board receiving the Recipicnt's written request. Staff will recommend appropriate action to the Board. H) Costs to Recipient rcsulting from obligations incurred by the Recipient during a suspension or after tcrmination of an award are not eligible for rcimbursement unless the County Manager expressly authorizes them in the notice of suspension or termination or subsequently authorizes reimbursemcnt in writing. Other costs incUlTed by the Recipient during suspension or after termination which are nccessary and not reasonably avoidable are eligible for reimbursement if: I) Thc 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-cancclable; 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 Building Better Communities Administrative Rules 20 of 22 effect. I) Inspections. Staff of the Board or thc County, or both, shall periodically inspect each Project to cnsure compliance with these rules, the Ordinancc, and the Grant Agrccmcnt or lntcrlocal Agreemcnt, as the case may be. Staff shall perform an inspection of thc Project site to cnsure compliance prior to relcase of the final Funding Allocation payment. SECTION 3. REPORTS Recipients are requircd to submit the Project Status Report no later than monthly (Exhibit E), in the format stipulatcd by the County Manager. Additional reports that shall be due upon rcqucst 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 Allocatiou. 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 cxpiration or termination of the Funding Allocation to submit all final documentation including final reimburscment requests and project completion certificates. B) The close-out of a Funding Allocation does not affect: I) Thc County's right to disallow costs and recovcr funds on the basis of a later audit or rcview; 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 abovc; 4) Continuing responsibilities set forth in the Ordinance and these rules; and 5) Audit rights set forth in these rules. C) Any amounts paid to Recipient in excess of the amount to which thc Recipient is finally determincd to be entitled undcr the terms of the Grant Agreemcnt or Interlocal Agreement, as the case may be, constitute a debt to the County. If not paid within a rcasonable period after demand, the County may reduce the debt by: I) Making an administrative offset against other rcquests for reimbursement; 2) Withholding payments otherwise due to the Rccipient; or 3) Taking other action provided by law. Any overdue debt of the Recipient shall accrue interest at the maximum rate allowed by law. Building Better Communities Administrative Rules 21 of22 SECTION 5. INTERPRETATION; ADMINISTRATION These administrative rules have been promulgated under the Ordinance. In the event of a conflict between thesc rules and the provisions of the Ordinance, the Ordinance shall prcvail. 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 administrativc rules to the Board, which may approve or reject such recommendations by m'\iority vote. The County Manager shall be authorizcd 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 220f22 Exhibit A OFFICE OF CAPITAL IMPROVEMENTS I AUTlIORIZEIl SIGNATUIlE FOIlM Date: Grantee: Contact Name: Contact Phone & E-mail: This form certifies the names, litles and signatures of individuals authorized by the Grantee to sign contracts, and requests for; scope changes. budget revisions, advances, reimbursements, and any other requests thaI may be required by the Board of COUl)~ CommissJoners for the disbursement of funds. These signature authorizations are retained by the Office of Capital Improvements fOI auditing purposes_ Entities are required to submit updates to this lisl as they become necessary. Name (a/ease tVDe or orlnfl Title (a/ease tVDe or orlnt) Slanature Contracts & Subcontracts Requests for Scope Changes Requests for Budget RevIsions Requests for Advances & Reimbursements Please submit this form with or before vour first request for an advance or reimbursement. Building Belter Communities EXHIBIT B Office of Capital Improvements Request for Advance Payment Date I I Grantee I I Grantee Vendor Number I I (Federal fD Number) Bond Series I Other I I GOB Project Name & GOB Project Number I I GOB Project Amount I I Amount of Advance Requested I I Reason For Requested Amount I I Certification I hereby certify that Ihis request is in compliance with the Office of Capital Improvements Building Better Communities Bond Program Administrative Rules, Article III Section 1 C(8) goveming the request for advance payments. I also certify that this advance shall be maintained in a separtae interest bearing account. that these funds will not be co-mingled with other funds and that all interest eamed will be repaid to the County. I further agree to account for this advance within one (1) yearofthe approval date, indicated below, and before any subsequent reimbursement requests are submitted. AUTHORIZED SIGNATURE DATE Administrative Use Only I Amount Approved Authorized Signature Date EXHIBIT C This form must be submitted with copies of bank statements or certified financial reports from the Grantee that verify the account number. date and amount of deposit, interest rates and total interest earned as of the date o/this report. Grantee. Bond Series & other .. . ... . .. AUTHORIZED SIGNATURE & TITLE DATE Building Better Communities Exhibits - Administrative Rules Exhibit D GOB Reimbursement Request Date: Office of Capital Improvements Attn: Roger T. Hernstadt, Director 111 NW 1" Street, Suite 2100 Miami, Florida 33129 Attached please find the required reimbursement forms requesting payment in the amount of $ for the following: GOB Project Name & GOB Proiect Number Amount I certify that all the attached documents have not been previously reimbursed or submitted for payment and that all of the expenditures comply with the terms and conditions of the contractual agreement. Miami-Dade County Ordinance 05-47 and the Building Better Communities Bond Program Administrative Rules and have attached our monthly report (Exhibit E) providing the latest project update. Sincerely, Authorized Signature/Title Date Building Better Communities Exhibits - Administrative Rules w !::: m :r x w <II - " <lI E <lI > o ~ Co .s c;; - 'Q. IV U - o <lI U if o ~ "' E " z - o ~ '0 n: '" o " ., ~ E ~ z - o ~ 4i '0' ~ n: ~aJ " 0 "" f- ~ 5~ - E ~ " 'C Z ~ U) ." C o '" Cl .S 'C " :J U. m o Cl . - <II <lI :J C' <lI c:: - " <lI E <lI i:'! :J .c E '0; c:: - o ~ " .. 0'2 ~ ~ '" 0 o " Yi'6 o + o In 0- ~ ~ o j::: ;j It ~U ~- t- iij ~ C/) g; III :;;; Qj~ It ~ e. "'~ o <:: o ~ "'cii <II <lI <:: 'c: 0 Q)~ C/) <1l .... U o,!2 ~:q: <lI U <:: "'..!!! o <1l ~Ill II) <:: Q) .~ "i:: _ <lI <1l C/) U ,g q: o ~ ~ ~ g It - ~ ~ ~ ~ g It ~ <:: Q) l:: :J o C5.:1 "i:: U) ll.. 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" <( liJ: ~ " .Ql ~ O'Ql n:~ - " .!!!cn ~ . c: 2 0 w .c ., >- , <: E ." 0 E " 0 <II () Ql 2 0 <II 0; " <Il - ~ " - c l/l :2 - .3 " <Il .~ 0 ~ a. e: 'tl Ql Ql E <II ~g. ...J !e. o ~ c:: lI) ~ _ ::so. " t:: " Cl Cl @: s " Cl .c: '" '" it ~ " . % . .~ " c . " 2 2 ~ 0 " j! . ~ ,S . - S 0 ~ c 0 0 . ~ w 1; . -' -' ~ > ;'! >- '0 i= ~ .1? 0 .. ~-g >- c 0 w . .g; ~ Z a: .~ ~ :> '" ~ . >- <: 0 ~ CJ c E ~ z E . CJ -'1 <: E <II 8 iU E ;; . z .g Ql ~ " Cl 1:: .!!! l/l <II Ql t:: .9 '" .!1! :i EXHIBIT F Office of Capital Improvements Grantee: GOB Project Name & GOB Project Number: Grantee Direct Labor Costs Report Bond Series I Other: Request Number: Billinq Period: Budget Line Item I Em ployee Name I Job Classification # of Hours I Hourly Rate I Total Labor Cost Planning Total Planning Request Design Total Design Request > Administration Total Administration Request Construction/Other Total Construction I Other Request Grand Totals g AUTHORIZED SIGNATURE DATE Building Betler Communities EXHIBIT G Offico of Capital Improvements Grantee: GOB Project Name & GOB Project Number: Fixtures, Furniture and Equipment Bond Series / Other: (See Article III, Section 1 (C)10 of the Administrative Request Number: Rules) BUNny Period: Vendor I <" FF&E Item hQTY I -"::-:: Amount AUTHORIZED SIGNATURE & TITLE DATE Building Beller Communities EXHIBIT H Office of Capital Improvements Project Completion Certificate Date: I I Entity Name I Entity Vendor Number I (Federal fD Number) Bond Series J Other I GOB Project Name & GOB Project Number Amount of Final Request I Certification I I /Jereby certify t/Jat t/Je above referenced Building Better Communities Bond Program pro}ecl was completed in accordan " wlt/J t/Je contractual agreement between and Miami.Dade Counly daled and t/Jal all expended funds were used in accordance wit/J t/Je Agreement and t/Je Rules. 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OF SUN TO: FROM: DATE: RE: City of Sunny Isles Beach 18070 Collins Avenue, Suite 250 Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax (305) 947-2150 Building Department (305) 947-5107 Fax City Commission Norman S. Edelcup, t'vlayor Roslyn Brezin, Vice Mayor Gerry Goodman, CommissIOner Danny Iglesias, Commissioner Lewis .J. Thaler, Commissioner Chief Fred Maas, Interim City Manager Hans Ottinot, City Attorney ,Jane A. Hines, City Clerk MEMORANDUM The Honorable City Commission ~ Jorge Vera, Assistant City Manager .:1-- January 19,2006 0 Redesign Active Park Project - Interlocal Agreement between The City of Sunny Isles Beach and Miami-Dade County RECOMMENDA TION This Resolution is presented for your consideration and approval. REASONS This Resolution approves the execution of an interlocal agreement between the City of Sunny Isles Beach and Miami-Dade County for the receipt and expenditure of Building Better Communities General Obligation Bond Program (BBC GOB Program) funds for the construction of the Redesign Active Park Project. The recreation/community center and various park facilities which comprise Sunny Isles Beach's Redesign Active Park Project, will act as a forum to host various sporting and cultural events. The total cost of the project is estimated at over $7,000,000 and Miami-Dade County has approved and allocated funds in the amount of $347,000 from the BBC GOB Program. PSJ/pr Agenda Item Date City Comffilssian Redesign :\Ctl\'" Park ""lema TO: FROM: DATE: RE: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax (305) 947-2150 Building Department (305) 947-5107 Fax City Commission Norman S. Edelcup, Mayor Roslyn Brezin, Vice Mayor Gerry Goodman, Commissioner Danny Iglesias, Commissioner Lewis J. Thaler, Commissioner A. John Szerlag, City Manager Hans Ottinot, City Attorney Jane A. Hines, City Clerk MEMORANDUM Jorge L. Vera, Assistant City Manager Priscilla Walker, Deputy City Clerk '7 wo..iJ~ March 13,2006 Miami-Dade County General Obligation Recreation/Community Center Project Active Park Bond At its regular meeting of February 16, 2006, the City Commission adopted Resolution No. 2006-880, which approved an Interlocal Agreement with Miami-Dade County for construction of the Active Park Recreation/Community Center Project. Miami-Dade County has returned two (2) executed, original agreements, with a cover letter outlining requirements of the City. Attached is a copy of the resolution, agreement, and cover letter to assist you in processing this item. Thank you. :pw Attachments cc: A. John Szerlag, City Manager Jean Watson, Finance Director (w/original agreement) Shaun S. Gelvez, Contracts Coordinator Mdc Gob Funding - Active Park Agrmt Trans Memo City Commission Normon S. Edelcup Mayor Roslvn Brezin Vice' Mayor Gerry Goodman Commissioner Danny Iglesias Commissioner Lewis J. Thaler Commissioner Police Chief Fred Moos Interim City Manager Hans Ottinot City A1torney Jane A. Hines City Clerk 18070 Collins Avenue, Sunny Isles Beach, FL 33160 305.947.0606 www.sibfl.net January 24, 2006 Jose Galan, Chief of Program Legislation Miami-Dade County Stephen P. Clark Center 111 N.W. First Street, Suite 2130 Miami, FL 33128 Re: Resolution Approving Interlocal Agreement between Sunny Isles Beach and Miami Dade County for Active Park Recreation/Community Center Dear Mr. Galan: At its regular meeting of January 19, 2006, the City Commission adopted Resolution No. 2006-880, which approved an Interlocal Agreement between the City of Sunny Isles Beach and Miami-Dade County for the construction of a City Recreation/Community Center and various park facilities and accepted Three Hundred Forty-Seven Thousand Dollars ($347,000.00) from the Building Better Communities General Obligation Bond Program. Attached are the four (4) original agreements for signature by Miami-Dade County and a copy of the approving Resolution. Upon execution by all County parties, please forward an executed, original agreement to my attention at the above address. Should you have any questions, please feel free to call me at (305) 792-1703. Thank you. ~ truly yours, ~~~ Priscilla Walker Deputy City Clerk Attachments: cc: Police Chief Fred Maas, Interim City Manager (memo only) Hans Ottinot, City Attorney (memo only) Jorge L. Vera, Assistant City Manager (full set) Jeff Maxim, Assistant to the City Manager (memo only) Shaun Gelvez, Contracts Administrator (full set) Scott Gombar, Calvin Giordano & Associates, Inc. (full set) MIAMI.D g; ADA Coordination Agenda Coordination Animal Services Arl in Public Placl's AudililndManagementServic!'5 Aviation Building Building Code Compliance Business Development Capilallmprovemenl5 Cililens' Independenl TransportJlion TIU5' Commission on Elhicsand Public Trusl Communications Community Action Agency Community & Economic Developmen1 Community Rel~lions Consumer Services COrll'clions & Reh~bilil~tion Cultural Aifairs Elections Emergency M~n~gement Employee Rer~lions Empowl'lmenl Trmt Enterprise Technology Services Environmenl~1 Resources M~n~gemenl f~ir[mploymenl Pr.lctices Fin~nce Fire Rescue Gener~1 Services Adminis1f~lion Hisloric Preserv~lion Homeless Trust Housing Agency HousingFin~nceAulhOfi1y Hum~nServi(es Independenl Review Pilnel Inlern~lion~1 Trade Consortium Juvenile Assessmenl Cen1N Medic~1 Ex~miner Melro-MiamiAcl;onPlan Metropolil~nPlanningOrganization Park ~nd Recreillion Plilnning~nd Zoning Police Procuremen1M~nilgement Properly Appr~is~1 Public LibrilrySyslenl Public Works S~fe Neighborhood PMks Seaport Solid \-Vaste M~n~gemenl Str~legic Business M~n~gement Team Me1ro Transil Task ForceonUrb~n[conomic Revilalization Viz(~y~ I\luseumAnd Gardens Water & Sewer Office of the County Manager Capital Improvements 111 NW 1 5t Street. Suite 2130 Miami, Florida 33128-1926 T 305.375-2724 F 305.372-6130 March 9, 2006 miamidade.gov Mr. John Szerlag, City Manager City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33106 Dear Mr. Szerlag: RE: Buildiug Better COlllllluuities (BBC) luter/ocal Agreelllellt PROJECT NUMBER 15-70564/CENTRAL ISLAND DRAINAGE 56-70563/REDESIGN ACTIVE PARK Enclosed please find two (2) original executed Interlocal Agreements with Exhibits for the above captioned projects. Part of our community outreach program requires that we identify each BBC project with a project sign. Please contact Frank Barriga (305-375-2504) when the projects are within six months of starting construction and identify the location for the sign to be installed. Additionally, our office would like to be notified at least 30 days in advance of all ceremonial activities. While the municipality will most likely handle the ccremonial activities, Roslyn Alic-Batson (305-375-5658), should be contacted to coordinate a County presence. Thank you for your continued support of the Building Beller COllllllunities Bond Program. Sincerely, . . (-- / \ h{C/C//,( c/f~ '-"/ {( oger T. Hernstadt Director / ,,J Attachments c: Jose A. Galan, Chief, Program Legislation