HomeMy Public PortalAbout2006-26 Installation of Sanitary Sewer/GOBRESOLUTION NO. 2006-26
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING
AGREEMENT BETWEEN THE VILLAGE OF KEY
BISCAYNE AND MIAMI-DADE COUNTY, FLORIDA
PROVIDING FUNDING ASSISTANCE TO THE VILLAGE
FOR THE SANITARY SEWER COMPONENT OF THE
VILLAGE'S SANITARY SEWER AND WATER LINE
IMPROVEMENT PROJECT PURSUANT TO THE 2004 BOND
PROGRAM "BUILDING BETTER COMMUNITIES" OF
MIAMI-DADE COUNTY; PROVIDING FOR EXECUTION OF
AGREEMENT; PROVIDING FOR IMPLEMENTATION;
PROVIDING FOR EFFECTIVE DATE.
WHEREAS, substantial funding assistance for the sanitary sewer component of the Village's
pending sanitary sewer and water line improvement project (the "Project") is available through the
general obligation bond issued by Miami -Dade County pursuant to the "Building Better
Communities" 2004 bond program in the amount of $5.1 Million; and
WHEREAS, the Village Council finds that acceptance of said assistance pursuant to the
attached Agreement is in the best interest of the Village.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. Recitals Adopted. That each of the above stated recitals are hereby adopted and
confirmed.
Section 2. Agreement Approved. That the Agreement between the Village of Key
Biscayne, Florida and Miami -Dade County, Florida, in substantially the form attached hereto, is
hereby approved, and the Village Manager is hereby authorized to execute the Agreement, along
with the insertion of pertinent provisions which describe the sanitary sewer component of the
Project, once approved by the Village Attorney as to form and legal sufficiency._
Section 3. Implementation. That the Village Manager is hereby authorized to take any
and all action which is necessary to implement the Agreement and this resolution.
Section 4. Effective Date. That this resolution shall be effective immediately upon
adoption hereof.
PASSED AND ADOPTED this 13th day of June , 2006.
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MAYOR ROBERT OLDAKOWSKI
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C•NCHITA H. ALVAREZ, CMC, VILLAGE CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENC
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VILLAGE ATTORNEY
F:/103.001/Resolution/Approving Sanitary Sewer Components 5.31.06
2
AGREEMENT
BETWEEN
THE VILLAGE OF KEY BISCAYNE FLORIDA
AND
MIAMI-DADE COUNTY
Installation of Sanitary Sewer/GOB Project Number: 17.7-71189 (Countywide
Water and Sewer System Enhancements) 5-70523 (Key Biscayne -Installation of
Sanitary Sewer Project)
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 Village
of Key Biscayne, Florida, a municipal corporation organized under the laws of the State
of Florida, through its governing body, the Mayor and Commissioners of th illage of
K ia ne, Florida (the "Municipality") is entered into this 5 /1 day of
, 2007.
WITNESSETH
WHEREAS, on July 20, 2004, the Board enacted Resolution Nos. R-912-04, R-
913-04, R-914-04, R-915-04, R-916-04, R-917-04, R-918-04 and R-919-04 authorizing
the issuance of $2.926 billion in general obligation bonds for capital projects and on
November 2, 2004, a majority of those voting approved the bond program (the "BBC
GOB Program"); and
WHEREAS, the aforementioned Resolutions include specific countywide
projects, neighborhood projects for the Unincorporated Municipal Service Area and
municipalities and associated allocations for activities such as but not limited to
development, improvement, rehabilitation, restoration or acquisition of real property; and
WHEREAS, the Municipality is undertaking completion of the construction of a
sanitary sewage collection system to serve those portions of the Village which do not
presently have any sanitary sewer service. The work includes; sanitary sewers,
manholes, existing pump station upgrade, new pump station, lateral connections and
roadway/swale restoration and other related work within the public rights -of way in
zones 1,2, 3, and 4 of the Village (the "Project") which was specifically approved as part
of the BBC GOB Program or is eligible for funding from one of the programs to be
funded under the BBC GOB Program as GOB Projects Numbers 5 and 17.7 in a total
amount not to exceed $5,170,000 (the "Funding Allocation"); and
WHEREAS, the Project is estimated to cost $20,947,000 (the "Total Project
Cost") and will be funded from the sources listed in Exhibit 1; and
Building Better Communities Municipal Agreement
1 of 10
Rev. 7/06
WHEREAS, pursuant to the terms of this Agreement the County has agreed to
allocate $2,670,000 for Project 5-70523 and $2,500,000 for Project 17.7-71189 from the
Series A Bonds (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.
b.
c.
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 $5,170,000. 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.
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.
Building Better Communities Municipal Agreement
2 of 10
Rev. 7/06
412
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.
"Applicable Law" means any applicable law (including, without limitation, any
environmental law), enactment, statute, code, ordinance, administrative order,
charter, tariff, resolution, order, rule, regulation, guideline, judgment, decree, writ,
injunction, franchise, permit, certificate, license, authorization, or other direction
or requirement of any governmental authority, political subdivision, or any
division or department thereof, now existing or hereinafter enacted, adopted,
promulgated, entered, or issued. Notwithstanding the foregoing, "Applicable
Laws" and "Applicable Laws" shall expressly include, without limitation, all
applicable zoning, land use, DRI and Florida Building Code requirements and
regulations, all applicable impact fee requirements, all requirements of Florida
Statutes, specifically including, but not limited to, Section 255.05 related to
payment and performance bonds, Section 255.20 related to contractor selection
and Section 287.055 related to competitive selection of architects and engineers,
all requirements of Chapters 119 and 286 of the Florida Statutes, Section 2-
11.15 of the Code (Art in Public Places), and all other applicable requirements
contained in this Agreement and Attachment 1, which exhibit is hereby
incorporated in this Agreement by this reference.
Section 5. Contractual obligation to comply with certain County
requirements: All records of the Municipality and its contractors pertaining to
the Project shall be maintained in Miami -Dade County and, upon reasonable
notice shall be made available to representatives of the County. In addition, the
Office of Inspector General of Miami -Dade County shall have access thereto for
any of the purposes provided in Sec. 2-1076 of the Code of Miami -Dade County.
The Municipality shall cause each contract to include a provision that contractor
shall comply with all requirements of Section 2-1076, and that contractor will
maintain all files, records, accounts of expenditures for contractor's portion of the
Work and that such records shall maintained within Miami -Dade County and
County shall have 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
required in this section for the purpose of inspection or auditing during normal
business hours.
Building Better Communities Municipal Agreement
3 of 10
Rev. 7/06
Pursuant to Section 2-1076 of the Miami -Dade County Code the County shall
have the right to engage the services of an independent private -sector inspector
general ("IPSIG") to monitor and investigate compliance with the terms of this
Agreement. The Office of the MIAMI-DADE COUNTY INSPECTOR GENERAL
(IG) shall have the authority and power to review past, present and proposed
County programs, accounts, records, contracts and transactions, and contracts
such as this Agreement for improvements some cost of which is funded with
County funds.
As such, the IG may, on a random basis, perform audits on this Agreement
throughout the duration of said Agreement (hereinafter "random audits"). This
random audit is separate and distinct from any other audit by the County.
The IG shall have the power to retain and coordinate the services of an
Independent Private Sector Inspector General (IPSIG) who may be engaged
to perform said random audits, as well as audit, investigate, monitor, oversee,
inspect, and review the operations, activities and performance and procurement
process including, but not limited. to, project design, establishment of bid
specifications, bid submittals, activities of the Municipality and contractor and
their respective officers, agents and employees, lobbyists, subcontractors,
materialmen, staff and elected officials in order to ensure compliance with
contract specifications and detect corruption and fraud. The IG shall have the
power to subpoena witnesses, administer oaths and require the production of
records. Upon ten (10) days written notice to the Municipality (and any affected
contractor and 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
conducted such monitoring or investigation and the County shall have no
obligation to exercise any of its rights for the benefit of the Municipality.
Building Better Communities Municipal Agreement
4 of 10
Rev. 7/06
Section 7. Relationship of the Parties: The parties agree that the Municipality is
an independent entity responsible solely for the Project and not an agent or
servant of the County. No party or its officers, elected or appointed officials,
employees, agents, independent contractors or consultants shall be considered
employees or agents of any other party, nor to have been authorized to incur any
expense on behalf of any other party, nor to act for or to bind any other party, nor
shall an employee claim any right in or entitlement to any pension, workers'
compensation benefit, unemployment compensation, civil service or other
employee rights or privileges granted by operation of law or otherwise, except
through and against the entity by whom they are employed.
Section 8. Liability: The parties to this Agreement shall not be deemed to
assume any liability for the negligent or wrongful acts, or omissions of the other
party. Nothing contained herein shall be construed as a waiver, by either party,
of the liability limits established in Section 768.28 of the Florida Statutes. The
Municipality acknowledges that the County, its employees, commissioners and
agents are solely providing funding assistance for the Project and are not
involved in the design, construction, operation or maintenance of the Project.
Section 9. Breach, Opportunity to Cure and Termination:
(a) Each of the following shall constitute a default by the Municipality:
(1) If the Municipality uses the Funding Cycle Allocation for costs
not associated with the Project (i.e. ineligible costs), and the
Municipality fails to cure its default within thirty (30) days after
written notice of the default is given to the Municipality by the
County; provided, however, that if not reasonably possible to
cure such default within the thirty (30) day period, such cure
period shall be extended for up to one hundred eighty (180)
days following the date of the original notice if within thirty (30)
days after such written notice the Municipality commences
diligently and thereafter continues to cure.
(2) If the Municipality shall breach any of the other covenants or
provisions in this Agreement other than as referred to in Section
9(a)(1) and the Municipality 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
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
Building Better Communities Municipal Agreement 5 of 10 Rev. 7/06
/9
hundred eighty (180) days following the date of the original
notice if within thirty (30) days after such written notice the
County commences diligently and thereafter continues to cure.
(c) Remedies:
(1) Upon the occurrence of a default as provided in Section 9(a)(1)
and such default is not cured within the applicable grace period,
in addition to all other remedies conferred by this Agreement,
the Municipality shall reimburse the County, in whole or in part
as the County shall determine, all funds provided by the County
hereunder.
(2.) Either party may institute litigation to recover damages for any
default or to obtain any other remedy at law or in equity
(including specific 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
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
Building Better Communities Municipal Agreement 6 of 10 Rev. 7/06
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:
Robert L. Vernon, Mayor
Village of Key Biscayne
88 W McIntyre Street
Key Biscayne, Florida 33149
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.
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
Building Better Communities Municipal Agreement 7 of 10 Rev. 7/06
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 Village of Key Biscayne,
Florida and it has granted the Village 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.
Section 20. Indemnity: The Municipality does hereby agree to indemnify and
hold harmless the County to the extent and within the limitations of Section
Building Better Communities Municipal Agreement 8 of 10 Rev. 7/06
768.28 Florida Statutes, subject to the provisions of that statute, whereby the
Municipality shall not be held liable to pay a personal injury or property damage
claim or judgment by any one person which exceeds the sum of $100,000, or any
claim or judgments or portions thereof, which when totaled with all other
occurrences, exceeds the sum of $200,000 from any and all personal injury or
property damage claims, liabilities, losses or causes of action which may arise
solely as a result of the negligence of the Municipality. However, nothing herein
shall be deemed to indemnify the County from any liability or claim arising out of
the negligent performance or failure of performance of the County or any
unrelated third party.
The County does hereby agree to indemnify and hold harmless the Municipality
to the extent and within the limitations of Section 768.28 Florida Statutes, subject
to the provisions of that statute, whereby the County shall not be held liable to
pay a personal injury or property damage claim or judgment by any one person
which exceeds the sum of $100,000, or any claim or judgments or portions
thereof, which when totaled with all other occurrences, exceeds the sum of
$200,000 from any and all personal injury or property damage claims, liabilities,
losses or causes of action which may arise solely as a result of the negligence of
the County. However, nothing herein shall be deemed to indemnify the
Municipality from any liability or claim arising out of the negligent performance or
failure of performance of the Municipality or any unrelated third party.
Section 21. Assignment: The Municipality may not assign all or any portion of
this Agreement without the prior written consent of the County.
Section 22. Entirety of Agreement: This Agreement, and the attachments
thereto, incorporates and includes all prior negotiations, correspondence,
conversations, agreements, and understandings applicable to the matters
contained in this Agreement. The parties agree that there are no commitments,
agreements, or understandings concerning the subject matter of this Agreement
that are not contained in this Agreement, and that this Agreement contains the
entire agreement between the parties as to all matters contained herein.
Accordingly, it is agreed that no deviation from the terms hereof shall be
predicated upon any prior representations or agreements, whether oral or written.
It is further agreed that any oral representations or modifications concerning this
Agreement shall be of no force or effect, and that this Agreement may be
modified, altered or amended only by a written amendment duly executed by
both parties hereto or their authorized representatives.
Building Better Communities Municipal Agreement
9 of 10
Rev. 7/06
72
IN WITNESS THEREOF, the parties through their duly aut
hereby execute this AGREEMENT with an effective date of
resentatives
, 2007.
•A.
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couxrr rn
Approved by County Attorney as
to form and legal sufficiency.
V\A-Ovt,49
Village • Key Biscayne, Florida
9 r— Avd
(IL
Date
For the Board of Commissioners,
Village of Key Biscayne, Florida
, CLERK
d7
#ZMf47
Village Clerk Date
MIAMI-DADE COUNTY, FLORIDA
MIAMI-DADE COUNTY, FLORIDA
BY ITS BOARD OF
COUNTY COMMISSIONERS
Stephen P. Clark Center
111 NW 1 Street
Miami, Florida 33128
HARVEY RUVIN, CLERK
Attest:
By:
Building Better Communities Municipal Agreement
(0A-/)3-
Depu. Clerk Date
10 of 10
Rev. 7/06
Initia f \ Dated. 1 _.,
Exhibit 1 - Project Budget and Description
Key Biscayne
Miami -Dade County
Building Better Communities
Installation of Sanitary Sewer/GOB Project Number: 5-70523 (Muni)
17.7-71189 (WAS(
REVENUES
Series A
GOB
Allocation
(000's)
Future GOB
Allocations
(000's)
Other
Funding
Allocations
(000's) *
Total
Estimated
Revenues
(000's)
M ilestones
EXPENSES
Projected Schedule
Start Date End Date
205
205
Pro ject Administration
Project Administration (Non -
GOB)
0
2/7/2005
6/1/2007
Total Estimated
Expenses
(000's)
205
0
0
0
0
0
Land Acquisition
Land Acquisition (Non -GOB)
Pre -design, Planning, including
preliminary engineering
Pre -design, Planning, including
preliminary (Non -GOB)
A&E Selection
514
400
15
25
11
0
514
400
15
25
11
A&E Selection (Non -GOB)
Design
Design (Non -GOB)
Dry run/permit
Dry run/permit (Non -GOB)
Contractor Selection
4,425
11
15,341
11
4,425
15,341
0
0
Contractor Selection (Non -GOB)
Construction On Going
Construction On Going (N on -
GOB)
Construction Substantially
Complete
Construction Substantially
Complete (Non -GOB)
Building Better Communities
2/7/2005
3/10/1998
7/31/2006
7/31/2006
3/12/2007
3/12/2007
7/5/2007
7/5/2007
5/5/2008
12/31/2004
7/31/2007
7/31/2007
6/1/2007
6/1/2007
7/5/2009
7/5/2009
0
0
0
0
0
0
0
514
400
15
25
11
11
4,425
15,341
0
0
Page 1 of 2
/M
Initial Date
Exhibit 1 - Project Budget and Description
REVENUES
EXPENSES
Series A
GOB
Allocation
(000's)
Future GOB
Allocations
(000's)
Other
Funding
Allocations
(000's) *
Total
Estimated
Revenues
(000's)
Milestones
Projected Schedule
Start Date End Date
Total Estimated
Expenses
(000's)
0
Other
0
0
Other (Non -GOB)
0
5,170
0
15,777
20,947
TOTALS
20,947
* Other Funding (List so urces an d amounts
Funding Source
State of Florida
Amount (000's)
EPA
500
964
WASD
6000
Total
Village of Key Biscayne
8313
15,777,
Project Narrative/Description
The Village of Key Biscayne is going to construct a sanitary sewage collection system to serve those portions of the Village which do not presently have any
sanitary sewer service The work includes, sanitary sewers, manholes, existing pump station upgrade, new pump station, lateral connections and roadway/swale
restoration and other related work within the public rights -of way in zones 1,2,3, and 4 of the Village of Key Biscayne. As part of the Village's construction of the
sanitary sewer project, Miami -Dade County Water and Sewer (WASD) will take advantage of the open roadway/swales to replace various water mains owned by the
County and install water reclamation mains
Future GOB Funding Allo cation Narrative/Description
There are no future GOB allocations for this project.
GOB Series A Funding Allocation Narrative/Description
The entire GOB Series A allocation will be used for the design and construction of the above described sanitary sewer project.
**This Exhibit along with the entity's resolution confirms to Article III, Section I of the Building Better Communities Bond Program (GOB) Administration Rules .
Building Better Communities
Page 2 of 2
169
BUILDING BETTER COMMUNITIES
GENERAL OBLIGATION BOND
PROGRAM
ADMINISTRATIVE RULES
TABLE OF CONTENTS
ARTICLE I — GENERAL CONDITIONS
SECTION 1. BACKGROUND
SECTION 2. SCOPE
SECTION 3. GENERAL
SECTION 4. DEFINITIONS
Page 2
Page 2
Page 2
Page 2
Page 2
ARTICLE II —FUNDING PROCEDURES Page 5
SECTION 1. FUNDING CYCLES;
APPLICATION SUBMISSION PERIODS Page 5
SECTION 2. FUNDING APPLICATION Page 6
SECTION 3. ELIGIBILITY REQUIREMENTS Page 7
SECTION 4. ELIGIBILITY DETERMINATION AND EVALUATION Page 9
ARTICLE III — GRANT ADMINISTRATION
SECTION 1. FUNDING ALLOCATION ADMINISTRATION &
REIMBURSEMENT POLICY
SECTION 2. COMPLIANCE RESPONSIBILITIES
SECTION 3. REPORTS
SECTION 4. PROJECT CLOSE-OUT
SECTION 5. INTERPRETATION; ADMINISTRATION
Page 11
Page 11
Page 18
Page 21
Page 21
Page 22
Building Better Communities Administrative Rules Rev. 1/07
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ARTICLE I - GENERAL CONDITIONS
SECTION 1. BACKGROUND
These administrative rules govern the implementation by Miami -Dade County (the "County") of its
Building Better Communities General Obligation Bond Program as established by Ordinance No.
05-47 (the "Ordinance").
SECTION 2. SCOPE
These administrative rules have been prepared to address the administration and allocation of funds
for the projects and programs identified in the Building Better Communities General Obligation
Bond Program (BBC GOB Program). In addition to the funding of Projects specifically listed in the
BBC GOB Program, eligible projects may be funded through the application process described in
these administrative rules with monies from four (4) funds. The funds are the Historical
Preservation Fund, the Economic Development Fund, the Not -for -Profit Community Organization
Capital Fund and the Primary Health Care Facilities Fund (collectively, the "Funds").
SECTION 3. GENERAL
All recipients of funding for specific projects identified in the BBC GOB Program and for projects
approved for funding from one of the Funds are required to follow these administrative rules.
Failure to do so may lead to disqualification.
Additional copies of the administrative rules and/or application materials may be obtained by
contacting the County Manager's Office. All inquiries, correspondence and applications for the
BBC GOB Program should be addressed to:
Miami -Dade County
County Manager's Office
111 NW 1 Street
Suite 2910
Miami, Florida 33128
Attention: Roger T. Hernstadt
or to a Department or agency of Miami -Dade County, serving as the County Manager's Designated
Representative.
SECTION 4. DEFINITIONS
The following is a list of terms and definitions that are used in these administrative rules:
"Acquisition" means the act of obtaining real property 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.
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"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 Agreement or Interlocal Agreement,
as the case may be, or a decision by the County not to provide a Total Funding Allocation.
"Application Submission Period" means the formally announced period of time for the
submission of a Funding Application Package in a given Funding Cycle.
"Board of County Commissioners" or "Board" means the legislative and the governing body of
the County.
"Community -Based Organization (CBO)" shall refer to any not -for-profit 501(c)(3) agency,
group, organization, society, association, partnership or individual whose primary purpose is to
provide a community service designed to improve or enhance the well-being of the community of
Miami -Dade County at large or to improve or enhance the well-being of certain individuals within
this community who have special needs.
"County" means Miami -Dade County, Florida.
"County Manager" or "Manager" means the head of the administrative branch of the County
government or his/her designated representative.
"Development" means the act of physically improving an area, facility, resource or site to increase
its ability or capacity to serve the public.
"Designated Projects" means the specific Projects approved by the Board in the Ordinance and the
electors on November 2, 2004 for inclusion in the BBC GOB Program.
"Fixtures, Furniture and Equipment (FF&E)" means 1) Fixtures - items that are permanently
affixed to the building or property, i.e., doors, bathroom stalls, A/C units, etc.; 2) Furniture - indoor
furnishings needed to allow proper use of a building, i.e., desks, chairs, tables, workstations, etc.;
and 3) Equipment - non -consumable tangible property with a life of at least one year that is directly
related to the funded project, such as bleachers for courts, audio/visual equipment for community
rooms, computers for computer labs, portable basketball goals for gymnasiums, etc.
"Fund Projects" means the specific Projects approved by the County pursuant to these
administrative rules for a Funding Allocation from one of the Funds.
"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
Healthcare Facilities Fund.
"Funding Cycle Allocation" means Building Better Communities General Obligation Bond funds
approved by the Board in a given year for use by a Recipient for implementation of a Project
pursuant to these administrative rules.
"Funding Allocation" means (i) the total amount of Building Better Communities General
Obligation Bond funds approved by the Board on July 20, 2004 for use by a Recipient for a specific
Building Better Communities Administrative Rules Rev. 1/07
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Project; or (ii) the total amount approved by the County from a Fund for use by a Recipient for a
specific Project.
"Funding Application Form" means the base application form provided by the County Manager
to be completed by the Applicant and submitted as part of the Funding Application Package.
"Funding Application Package" means the complete submittal package required by these
administrative rules and submitted by an Applicant for a Project. (See Article II, Section 2).
"Funding Cycle" means the time between the opening of an Application Submission Period and
the approval by the Board of the Projects to receive a Funding Cycle Allocation from the next series
of general obligation bonds.
"Grant Agreement" means an executed grant agreement between the County and a Recipient
(other than a grant to a Municipality or Public Agency, which grant will be evidenced by an
executed Interlocal Agreement) setting forth mutual obligations regarding a Funding Cycle
Allocation for a Project.
"Interlocal Agreement" means an executed grant agreement between the County and a Recipient
that is a Municipality or Public Agency setting forth mutual obligations regarding a Funding Cycle
Allocation for a Project.
"Match" means cash committed by the Recipient, as stipulated in the approved Grant Agreement
or the Interlocal Agreement, as the case may be, to complement funding awarded from the BBC
GOB Program.
"Municipality" means a political unit, such as a city, town, or village, incorporated for local self-
government within the confines of Miami -Dade County.
"Ordinance" means the Building Better Communities General Obligation Bond Ordinance No. 05-
47.
"Pre -Agreement Expenses" means eligible expenses identified in Article III, Section 1(B) of these
rules incurred by a Recipient for accomplishment of a Project prior to full execution of a Grant
Agreement or an Interlocal Agreement, as the case may be.
"Project" means each Designated Project or Fund Project, as the case may be, identified in a
Funding Application Package and approved by the County for a Funding Allocation.
"Public Agency or Public Agencies" means an agency or agencies or administrative division or
divisions of the United States government, the State of Florida, the County, or any municipality
within the County.
"Recipient" means an entity receiving a Funding Allocation.
"Soft Costs" means real and verifiable expenditures for administration, project management (not
related to construction supervision), indirect costs (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 Rev. 1/07
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by the following three areas:
• Project Administration - administration, project management (not related to construction
supervision), indirect costs (accounting/purchasing/personnel, etc.) and imposed fees (e.g.,
Professional Services Agreement selection/permit processing fees). Project management related
to construction supervision is not considered a soft cost; and
• Planning Services - Master Plan development and approval and feasibility studies; and
• Design Services - schematic design, design development, construction documents, bidding or
negotiation and as built drawings.
Construction supervision and/or inspection are not considered soft costs. All costs associated with
land acquisition such as: appraisals, due diligence, cost of land, project administration related to
land purchase, legal fees, etc. are not part of the soft costs.
"Targeted Urban Areas" or "TUA" means the geographical communities which have been
designated by the Board of County Commissioners.
"UMSA" means Unincorporated Municipal Service Area of the County, for which the County
provides municipal services. Projects occurring within areas defined as UMSA are subject to the
same administrative rules as any other project seeking Building Better Communities General
Obligation Bond funding, regardless of the entity involved in the project.
ARTICLE II — FUNDING PROCEDURES
SECTION 1. FUNDING CYCLES; APPLICATION SUBMISSION PERIODS
A Funding Cycle shall be established by the Board on a periodic basis related to the sale of bonds,
provided there are Building Better Communities General Obligation Bonds remaining to be sold.
Each Project may be funded during one or more Funding Cycles through a Funding Allocation.
Eligible entities must apply for these Funding Allocations. Eligible entities existing on/or before
July 20th, 2004, the date the General Obligation Bond Resolutions were approved by the Board, will
receive priority consideration for Project approval and Funding Allocation. A Grant Agreement or
Interlocal Agreement between the County and the Recipient, as the case may be, implements the
Funding Allocations.
The Funding Application package shall be delivered on or before the last day of the announced
Application Submission Period. The County may announce an additional Application Submission
Period if funds remain or become available after the preceding Application Submission Period is
complete. Each Application Submission Period and other pertinent application information shall be
publicly announced in newspapers of general circulation in the County at least one (1) month prior
to the deadline for submission of the Funding Application Package, unless otherwise waived by the
Board.
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SECTION 2. FUNDING APPLICATION
An Applicant must submit a complete Funding Application in order to be eligible to receive a
Funding Allocation award. A complete Funding Application Package means one that meets all the
requirements of the Ordinance and these administrative rules and is supported by proper
documentation required by these administrative rules. The Funding Application Package shall
consist of:
1) Completed Funding Application Form.
2) Completed line item budget. The line item budget must be submitted with budget
justifications for the Construction and Fixtures, Furniture and Equipment line items. The
justification should provide detailed descriptions of the project elements. Reimbursement
for Fixtures, Furniture & Equipment is contingent upon prior inclusion and approval of these
expenses in the Grant Agreement. (See Article III, Section 1(C)).
3) Letter(s) of commitment for matching funds that complement the Funding Allocation
request as may be required by the Application.
4) Projected completion date for the Project and if the Project will be constructed in phases, the
completion date of each phase.
5) Project location map.
6) For Development Projects, certification of ownership of a site by the Applicant or evidence
of land tenure sufficient to satisfy the County that the Project may be developed on the
designated site.
7) Written evidence (resolution or other legally required documentation), which at a minimum:
(i) authorizes the execution of the Grant Agreement or the Interlocal Agreement, as the case
may be; (ii) commits the Applicant to complete the Project; (iii) as applicable, commits the
Applicant to provide operating, maintenance and programming funds upon completion of
the Project, to the extent allowed by law; and (iv) provides that the Funding Allocation shall
not be used in substitution of other capital project funding available to the Applicant.
8) Any other documentation that the Board may require from time to time.
An Applicant may request funding for a major Project in phases. Each phase shall constitute a
distinct portion of the proposed Project. Each Applicant requesting funding for a Project in phases
shall commit to completing the Project as defined in the Grant Agreement or the Interlocal
Agreement, as the case may be, unless otherwise modified by approval of the Board in accordance
with these rules and the Ordinance.
In the event an applicant intends to submit a request for pre -agreement reimbursement, the applicant
shall comply with Article III, Section 1(B)).
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SECTION 3. ELIGIBILITY REQUIREMENTS
A) Designated Projects
Eligibility requirements for Applicants:
• Active and duly registered Florida not -for-profit 501(c)(3) corporation. Comply with
the County's Administrative Order 3-15.
• Active and duly registered Florida for-profit corporation or recognized business
entity.
• Municipal entity or agency based in Miami -Dade County.
• Owner or lessee of residential or commercial property located within Miami -Dade
County on which the Designated Project shall be situated.
• Financially stable including financial commitments to complete the Designated
Project.
B) Fund Projects
1. Funds Objectives
The Economic Development Fund (the "EDF") is a component of the Building Better
Communities Bond Program and is available for the purpose of providing infrastructure
improvements to spur economic development and attract new businesses to the community
in order to create jobs. The EDF includes $75 million that is available countywide and $15
million that is specifically focused on the County's designated Targeted Urban Areas.
Eligible uses of the EDF include but are not limited to: infrastructure funding for road
construction, water and sewer lines, fencing, sidewalks, entryways, lighting, and handicap
accessibility; acquisition of land or buildings; and new construction of buildings;
renovation of buildings. Ineligible uses of the EDF include but are not limited to: working
capital; furniture and fixtures; office equipment; and other non -capital related expenses.
The Historical Preservation Fund, the Primary Healthcare Facilities Fund and the Not -for -
Profit Community Organization Capital Fund are a component of the Building Better
Communities General Obligation Bond initiative for the purpose of funding projects that
support the County's historic preservation, primary healthcare, and community agency
infrastructure needs. These are capital projects that improve the quality of life for the
County's citizens, enhance medical facilities, rehabilitate historic properties, save
irreplaceable historic venues, and serve as a catalyst for preserving and protecting Miami -
Dade County's future. Medical institutions, historically and culturally significant
properties, and Community -Based Organizations needing capital funds for construction,
renovation, and expansion of facilities within the community that meet the criteria for the
following programs may be eligible for assistance from these funds.
2) Program Descriptions and Criteria
a) Economic Development Fund.
Building Better Communities Administrative Rules Rev. 1/07
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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.
• Active and duly registered Florida for-profit corporation or recognized business
entity.
• Municipal entity or agency based in Miami -Dade County.
• Owner or lessee of residential or commercial property located within Miami -Dade
County on which the Designated Projects will be situated.
• 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 agencies
for the acquisition, relocation and rehabilitation of designated historic properties, or
properties eligible for designation as a historic property or as a contributing historic
district property, which has applied for such a designation within Miami -Dade County.
Eligibility Requirements for Applicants:
• Active and duly registered Florida not -for-profit 501(c)(3) corporation.
• Active and duly registered Florida for-profit corporation or recognized business
entity.
• Municipal entity or agency based in Miami -Dade County.
• Owner of residential or commercial property located within Miami -Dade County.
• Individually listed as municipal, County, State or National Register of historic
property located in Miami -Dade County.
• Contributing Property within a designated municipal, County, State or national
historic district located in Miami -Dade County.
• Property determined eligible for listing as an individual historic site or as a
contributing historic district property, and which has applied for such designation, in
a Municipality, County, State or National Register, and located within Miami -Dade
County.
• Those listed in any Request For Proposal's related to this Fund.
c) Not -for -Profit Community Organization Capital Fund
The objective of this fund is to build and sustain the capability and capacity of the not -
for -profit sector and support entities that enhance the quality of life of Miami -Dade
County by delivering needed services. The $30 million allocated to this fund recognizes
the importance and continuing contributions that these organizations make to the future
of Miami -Dade County.
Building Better Communities Administrative Rules Rev. 1/07
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Eligibility 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 Commitment confirming the resources necessary to accomplish the project.
• Architectural/engineering study and/or equipment specifications and professional
cost estimate.
• Two (2) year management and budget plan for the facility.
• Those listed in any Request For Proposal's related to this Fund.
c) Primary Healthcare Facilities Fund
The objective of this fund is to build and sustain the capability and capacity of the not -
for -profit sector and support entities that enhance the quality of primary healthcare
within Miami -Dade County by delivering needed services. The $25 million allocated to
this fund recognizes the importance and continuing contributions that these
organizations, and the care that they provide, make to the future of Miami -Dade County.
Eligibility 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 Commitment confirming the resources necessary to accomplish the project.
• Architectural/engineering study and/or equipment specifications and professional
cost estimate.
• Two (2) year management and budget plan for the facility.
• Those listed in any Request For Proposal's related to this Fund.
SECTION 4. ELIGIBILITY DETERMINATION AND EVALUATION
Following closure of an Application Submission Period, the County Manager will review and
evaluate each Funding Application Package for funding eligibility or ineligibility. The County
Manager may use entities such as the following to assist him in the review and to create Project
Review Committees.
Economic Development Fund
• Empowerment Zone Trust Board
• Miami -Dade Empowerment Trust
• Office of Community and Economic Development
Building Better Communities Administrative Rules Rev. 1/07
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" C o a l i t i o n o f C h a m b e r s o f C o m m e r c e
" T a s k F o r c e o n U r b a n R e v i t a l i z a t i o n
" M e t r o M i a m i A c t i o n P l a n T r u s t
" B e a c o n C o u n c i l
" G r e a t e r M i a m i C h a m b e r o f C o m m e r c e
" D a d e L e a g u e o f C i t i e s
H i s t o r i c P r e s e r v a t i o n F u n d
" D a d e H e r i t a g e T r u s t
" H i s t o r i c P r e s e r v a t i o n B o a r d
N o t - f o r - P r o f i t C o m m u n i t y O r g a n i z a t i o n C a p i t a l F u n d
" A l l i a n c e f o r H u m a n S e r v i c e s
" D a d e C o m m u n i t y F o u n d a t i o n
P r i m a r y H e a l t h c a r e F a c i l i t i e s F u n d
" O f f i c e o f C o u n t y w i d e H e a l t h C a r e P l a n n i n g
A n y s u c h e n t i t y s h a l l a d h e r e t o p u b l i c r e c o r d p r o t o c o l s s p e c i f i e d u n d e r A d m i n i s t r a t i v e O r d e r N o . 3 -
3 1 . F u n d i n g A l l o c a t i o n s f o r e l i g i b l e p r o j e c t s m a y b e r e c o m m e n d e d t o t h e C o u n t y M a n a g e r b y t h e
P r o j e c t R e v i e w C o m m i t t e e . T h e C o u n t y M a n a g e r a n d t h e P r o j e c t R e v i e w C o m m i t t e e m a y
d e t e r m i n e t h a t a F u n d i n g A p p l i c a t i o n P a c k a g e b e c l a s s i f i e d a s :
A ) I n e l i g i b l e . D e c l a r a t i o n t h a t t h e P r o j e c t i d e n t i f i e d i n a F u n d i n g A p p l i c a t i o n P a c k a g e i s
i n e l i g i b l e .
B ) C o n d i t i o n a l l y E l i g i b l e . T h e B o a r d m a y d e t e r m i n e t h a t a P r o j e c t i s e l i g i b l e f o r f u n d i n g u p o n
s a t i s f a c t i o n o f s p e c i f i e d c o n d i t i o n s . I n t h e e v e n t t h a t c o n d i t i o n a l a p p r o v a l i s g i v e n , B o a r d s t a f f
s h a l l v e r i f y t h a t t h e c o n d i t i o n s h a v e b e e n s a t i s f i e d p r i o r t o e x e c u t i n g a G r a n t A g r e e m e n t o r a n
I n t e r l o c a l A g r e e m e n t , a s t h e c a s e m a y b e .
C ) E l i g i b l e . D e c l a r a t i o n t h a t a P r o j e c t i d e n t i f i e d i n a F u n d i n g A p p l i c a t i o n P a c k a g e i s f u l l y
e l i g i b l e .
F u n d i n g A p p l i c a t i o n P a c k a g e s d e t e r m i n e d t o b e E l i g i b l e o r C o n d i t i o n a l l y E l i g i b l e s h a l l b e r e v i e w e d
a n d c o m p e t i t i v e l y e v a l u a t e d t o r e c o m m e n d b o n d f u n d i n g a l l o c a t i o n s . A l i s t i n g o f a l l F u n d i n g
A p p l i c a t i o n P a c k a g e s s h a l l b e r e v i e w e d b y t h e G O B S u b - c o m m i t t e e a n d p r e s e n t e d t o t h e B o a r d b y
t h e C o u n t y M a n a g e r i n t h e f o r m o f a R e s o l u t i o n s t a t i n g t h e e l i g i b i l i t y d e t e r m i n a t i o n , p r e s e n t i n g t h e
C o u n t y M a n a g e r ' s f u n d i n g r e c o m m e n d a t i o n s b a s e d o n t h e c o m p e t i t i v e e v a l u a t i o n a n d s e e k i n g
a p p r o v a l f o r t h e d i s b u r s e m e n t o f f u n d s .
B u i l d i n g B e t t e r C o m m u n i t i e s A d m i n i s t r a t i v e R u l e s R e v . 1 / 0 7
1 0 o f 2 3
ARTICLE III — GRANT ADMINISTRATION
SECTION 1. FUNDING ALLOCATION ADMINISTRATION & REIMBURSEMENT
POLICY
A) Grant Agreement or Interlocal Agreement
1) As a condition of award of a Funding Allocation, the BBC GOB Program and the
Recipient shall enter into a Grant Agreement or an Interlocal Agreement, as the case may
be, which sets forth the responsibilities and duties of each regarding administration of the
approved Project and approved Funding Allocation.
2) The Grant Agreement or the Interlocal Agreement, as the case may be, shall specify the
following and shall incorporate such other terms and conditions as may be required by
particular circumstances:
a) A Project Narrative/Description of Project, including location of Project, and
beginning and end dates;
b) An overall budget for the Final Project, identifying additional sources of revenue;
c) A Funding Allocation line item budget (proposed use of BBC GOB funds);
d) If the Recipient is a Community -Based Organization or other entity (not a
Municipality or Public Agency, a letter of commitment of matching funds validly
executed committing the organization to raise any additional capital funds necessary to
complete the Project, and committing to provide operating, maintenance and
programming funds upon completion of the Project, all as authorized and approved by
the Recipient's Board of Directors or governing entity;
e) If the Recipient is a Municipality or Public Agency, a letter of commitment of
matching funds validly executed committing the organization to appropriate capital
funds necessary to complete the Project and to provide operating, maintenance and
programming funds upon completion of the Project, all as authorized and approved by
the governing board of such Municipality or Public Agency;
0 Certification of ownership, or evidence of lease or other use agreement for a
minimum un-expired term of 25 years;
g) Business plan and/or operating pro -forma, defining and identifying strategies to
address the impact the Project will have on the organization's operational structure; and
h) A list of consultants that will be involved in the development of the Project (e.g.,
Owner's project manager(s), Architecture and Engineering team, Specialty Consultants,
Developers, General Contractor or Construction Manager, etc.) as they become
available.
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B) Pre -Agreement Expenses. The incurring of Pre -Agreement Expenses creates no obligation on
the County to execute a Grant Agreement or Interlocal Agreement, as the case may be, or
otherwise satisfy those expenses. However, prior to the effective date of the Grant Agreement
or Interlocal Agreement, as the case may be„ a Recipient may incur eligible Pre -Agreement
Expenses as defined in Article I - Section 4, and then after the effective date of the Grant
Agreement or Interlocal Agreement, as the case may be, be reimbursed for those costs, provided
that:
1) The costs and activities are funded as part of the Funding Allocation award and are in
compliance with the requirements of the Ordinance and these rules.
2) For those Projects funded by bond proceeds from bond sales subsequent to the sale of the
Series 2005 Bonds, reimbursement of Pre -Agreement Expenses is limited to those Pre -
Agreement Expenses incurred one (1) year prior to the first day of the Application
Submission Period, unless previously approved by the Board.
3) The Recipient has notified the County Manager in writing of the intent to submit eligible
Pre -Agreement expenses for reimbursement within 30 -days of a Grant Agreement or
Interlocal Agreement being executed. Recipients shall send a letter addressed to the County
Manager for his review and approval of eligible expenses.
C) Payment. Recipients are paid allocated funds subject to the following conditions:
1 Cost of Issuance of Bonds. Not more than one percent (1%) of the value of each Funding
Allocation award may be earmarked for all costs incidental to the preparation, issuance and
administration of the BBC GOB Program.
2 Timing. Project costs eligible for reimbursement shall be incurred between the effective
date of, and the Project completion date identified in, the Grant Agreement or the Interlocal
Agreement, as the case may be, with the exception of Pre -Agreement Expenses.
3) Soft Cost Limits. Project Soft Costs for Planning Services, Design Services and Project
Administration, as defined in Article 1 Section 4, "Soft Costs", are eligible for funding
provided that bond proceeds utilized to pay for such costs do not exceed seventeen percent
(17%) of the total bond proceeds allocated to a given Project. This limitation may be
waived by the Board. Where a major Project is funded in phases, this cost limit may not
necessarily apply to each individual Project phase, but must apply to the Funding Allocation
for the Project.
4) Recipients will implement their own procurement process; however, they shall comply with
all applicable Federal, State and local laws and regulations, including the County ordinances
and regulations.
5) Recipients are responsible for managing the day-to-day operations of Funding Allocation
supported activities, and maintaining communications with the County Manager regarding
the Project. Recipients must monitor Funding Allocation supported activities to assure
compliance with the Ordinance, these rules, the Grant Agreement or Interlocal Agreement,
as the case may be, and all applicable Federal, State and local requirements.
Building Better Communities Administrative Rules Rev. 1/07
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6) Payments to the Recipient may be withheld at any time that the Recipient fails to comply
with the terms of the Grant Agreement or the Interlocal Agreement, as the case may be.
Funds withheld for failure to comply with the terms of the Grant Agreement or the Interlocal
Agreement, as the case may be, but without suspension of the Funding Allocation shall be
released to the Recipient upon subsequent compliance. Recipients will not be required to
reimburse the County for payments already received by the County from the Recipient
unless the Recipient fails to develop and/or operate the Project for the purpose described in
the Funding Application Package.
7) Recipient's must complete the authorized signature form (Exhibit A).
8) a. In general, payment shall be made on a reimbursement basis. A Funding Allocation
Recipient may submit a Request for Advance Payment form (Exhibit B) for review and
approval by the County Manager. Approved recipients may receive an advance payment no
more that 180 days in advance of the allocation schedule approved by the Board, for up to
25% of the value of the Funding Allocation for the subject Project.
b. However, in accordance with the guidelines reflected below, the County Manager may, on
a case -by -case basis and at his sole discretion, consider advance payment of up to 90% of a
municipality's funding allocation for a specific project. Upon the County Manager's
decision that a request for advance payment of up to 90% of a municipality's funding
allocation for a specific project will be considered, the guidelines below will be applied
consistently and in their entirety.
Conditions under which a municipality may receive up to 90% of their BBC allocation for a
subject project:
■ A municipality must not owe money to the County and the County must not
have any outstanding claims against the municipality:
■ Project activity to date is proceeding on -schedule:
■ Construction schedules are being updated on a monthly basis and all required
documentation has been submitted to Miami-Dade's Office of Capital
Improvements (OCI).
■ The municipality must have contract(s) in place to complete the project and
no outstanding claims or disputes can exist between the municipality and
their contractors on the project:
■ Municipality payments to contractors, subcontractors and suppliers are being
made timely:
Field Evaluations will be conducted on a case -by -case basis by Miami-Dade's Office of
Capital Improvements (OCI) and will include items such as:
■ Field audit determination that the project is on -schedule including physical
construction:
Building Better Communities Administrative Rules Rev. 1/07
13 of 23
" F o l l o w - u p f i e l d a u d i t i n s p e c t i o n s w i l l b e p e r f o r m e d b y O C I t o e n s u r e p r o j e c t
c o m p l e t i o n :
O C I w i l l s u b m i t a w r i t t e n r e c o m m e n d a t i o n t o t h e C o u n t y M a n a g e r t o a p p r o v e a n y
d i s b u r s e m e n t u n d e r t h e s e p r o v i s i o n s . T h e m u n i c i p a l i t i e s w i l l b e r e q u i r e d t o e x e c u t e a
s u p p l e m e n t a l a g r e e m e n t a c k n o w l e d g i n g t h e s e t e r m s .
S a f e g u a r d s / C o r r e c t i v e A c t i o n s t o b e i m p l e m e n t e d b y t h e C o u n t y i n c a s e o f n o n - c o m p l i a n c e
b y a m u n i c i p a l i t y w i t h t h e B B C - G O B A d m i n i s t r a t i v e R u l e s o r i f s a t i s f a c t o r y p r o g r e s s i s n o t
b e i n g m a i n t a i n e d w i l l i n c l u d e :
" F u n d i n g f o r m u n i c i p a l o r o t h e r G O B - f u n d e d p r o j e c t s t o b e p e r f o r m e d b y t h e
s u b j e c t m u n i c i p a l i t y w i l l b e w i t h h e l d :
�% T h e C o u n t y w i l l a s k t o b e r e i m b u r s e d t h e a m o u n t g i v e n t o t h e m u n i c i p a l i t y a s
p a r t o f t h e g r a n t a g r e e m e n t a n d / o r w i t h h e l d f u n d s d u e t o t h e m u n i c i p a l i t y
f r o m o t h e r C o u n t y f u n d i n g s o u r c e s s u c h a s P T P :
" I f t h e m u n i c i p a l i t y r e f u s e s t o r e i m b u r s e t h e C o u n t y t h e a m o u n t o f t h e g r a n t
a g r e e m e n t , t h e C o u n t y m a y e m p l o y a l l a v a i l a b l e m e a n s t o r e c o v e r t h e s u b j e c t
f u n d s u p t o a n d i n c l u d i n g l i t i g a t i o n .
T h e a f o r e m e n t i o n e d s a f e g u a r d s w i l l b e i m p l e m e n t e d b y t h e C o u n t y i n C a s e s o f n o n -
c o m p l i a n c e . A l l c o n d i t i o n s s h a l l b e a p a r t o f a l l g r a n t a g r e e m e n t s w i t h a m u n i c i p a l i t y . A l l
e x i s t i n g g r a n t a g r e e m e n t s w i l l b e a m e n d e d t o i n c l u d e t h e p r o v i s i o n s r e f e r e n c e d a b o v e a n d
a l l n e w g r a n t a g r e e m e n t s w i l l l i k e w i s e i n c l u d e t h e s e p r o v i s i o n s .
A n y d i s b u r s e m e n t o f f u n d s u n d e r t h e s e p r o v i s i o n s w i l l b e r e p o r t e d t o t h e B o a r d .
c . A l l a d v a n c e p a y m e n t s r e c e i v e d b y a R e c i p i e n t s h a l l b e m a i n t a i n e d i n a s e p a r a t e i n t e r e s t
b e a r i n g a c c o u n t a n d m a y n o t b e c o m m i n g l e d w i t h o t h e r f u n d s . A l l a d v a n c e s a n d i n t e r e s t
e a r n e d m u s t b e f u l l y a c c o u n t e d f o r . T h e M u n i c i p a l i t y s h a l l s u b m i t e v i d e n c e o f i n t e r e s t
e a r n e d t o t h e C o u n t y w i t h a n y s u b s e q u e n t r e i m b u r s e m e n t r e q u e s t . T h e a m o u n t o f i n t e r e s t
e a r n e d s h a l l b e d e d u c t e d f r o m s u c h s u b s e q u e n t p a y m e n t t o t h e M u n i c i p a l i t y . I f a t a n y t i m e
t h e a m o u n t o f i n t e r e s t e a r n e d i s g r e a t e r t h a n t h e r e i m b u r s e m e n t r e q u e s t t h e M u n i c i p a l i t y
s h a l l s u b m i t p a y m e n t t o t h e c o u n t y a n a m o u n t e q u a l t o t h e i n t e r e s t e a r n e d l e s s t h e
r e i m b u r s e m e n t r e q u e s t . U p o n t h e C o u n t y ' s r e c e i p t o f t h e p a y m e n t a n d a n y r e q u i r e d
s u p p o r t i n g d o c u m e n t a t i o n f r o m t h e M u n i c i p a l i t y , t h e r e i m b u r s e m e n t r e q u e s t m a y b e p a i d .
C h e c k s m u s t b e m a d e p a y a b l e t o M i a m i - D a d e C o u n t y B o a r d o f C o u n t y C o m m i s s i o n e r s a n d
f o r w a r d e d t o t h e O f f i c e o f t h e C o u n t y M a n a g e r .
9 ) R e c i p i e n t s m u s t s u b m i t r e i m b u r s e m e n t / p a y m e n t r e q u e s t s n o l a t e r t h a n q u a r t e r l y . I f a
R e c i p i e n t i s u n a b l e t o s u b m i t a r e i m b u r s e m e n t / p a y m e n t r e q u e s t b y t h e q u a r t e r l y d e a d l i n e , a
w r i t t e n j u s t i f i c a t i o n i n d i c a t i n g t h e r e a s o n f o r t h e d e l a y a n d e x p e c t e d s u b m i s s i o n d a t e i s
r e q u i r e d t o b e s u b m i t t e d b y t h e d e a d l i n e . F a i l u r e t o c o m p l y w i t h t h i s r e q u i r e m e n t s h a l l
r e n d e r t h e R e c i p i e n t i n n o n - c o m p l i a n c e w i t h t h e A d m i n i s t r a t i v e R u l e s a n d m a y r e s u l t i n
r e d u c t i o n o r f o r f e i t u r e o f p a y m e n t , a t t h e d i s c r e t i o n o f t h e C o u n t y M a n a g e r . F a i l u r e t o
s u b m i t t w o c o n s e c u t i v e r e q u e s t s s h a l l b e d e e m e d a f o r f e i t u r e o f a l l r i g h t s u n l e s s s p e c i f i c a l l y
w a i v e d b y t h e C o u n t y M a n a g e r . T h e R e c i p i e n t m u s t s u b m i t a w r i t t e n e x p l a n a t i o n f o r s u c h
B u i l d i n g B e t t e r C o m m u n i t i e s A d m i n i s t r a t i v e R u l e s R e v . 1 / 0 7
1 4 o f 2 3
delays in order to be considered for a. waiver of this requirement and all such waivers shall
be made at the sole discretion of the County Manager.
10) Recipients shall complete, sign, and submit to the County the appropriate Reimbursement
Request forms as necessary (Exhibits D through H) accompanied by supporting
documentation (i.e., copies of invoices, receipts and check payments).
11) Reimbursement requests for Fixtures, Furniture & Equipment items must be included and
approved in the Grant Agreement or the Interlocal Agreement, as the case may be, prior to
acquisition. Written requests for Fixtures, Furniture & Equipment approval must be
accompanied by Exhibit H.
12) In accordance with State law, five (5%) of the value of the Building Better Communities
General Obligation Bond funding for a given Project shall be retained by the County for all
projects in excess of $100,000, unless otherwise recommended in writing by staff and
approved by the Board. Upon completion of a Project, a signed project completion
certificate (Exhibit I) must be submitted with the final reimbursement request forms in order
for the remaining retainage to be released.
13) The County Manager may require that reimbursement requests for any Funding Allocations
requiring a cash match must be accompanied by documentation of the expenditure of
committed match funds (i.e., copies of invoices, canceled checks, etc.).
14) Each Recipient will ensure that all contractors and consultants perform in accordance with
the terms, conditions, drawings and specifications of their contracts or purchase orders and
that all Federal, State and local contracting rules apply.
15) Each Recipient shall maintain an accounting system, which meets generally accepted
accounting principles, and shall maintain all required financial records to properly account
for all Building Better Communities General Obligation Bond funds and any supplemental
funds used for the Project. The Recipient shall at all times maintain a separate accounting of
all Building Better Communities General Obligation Bond funds.
16) Each Recipient shall be responsible for reporting, on a continuous, on -going basis, any
contractual relationship established to perform work on the project, start dates, progress
payments, completion dates, etc. in the system provided by the County.
17) The Recipient shall be responsible for completing the Project. If the total cost of the Project
exceeds the value of the Funding Allocation, then the Recipient must provide any
supplemental funds required. In the event that supplemental funds are necessary for
completion of a Project, as of the point in time that it is known that supplemental funds are
needed, the Recipient must demonstrate that such supplemental funds have been committed
to the Project prior to and as a condition of disbursement or further disbursement of Funding
Allocations. The requirement for a Recipient to provide supplemental funds may be
modified, in part or whole, by the Board, to the extent that it approves in writing any
reduction or change to the Project scope of work in accordance with the Ordinance.
Approval of any reduction or change in scope of work is at the sole discretion of the Board.
D) Acquisition Projects. Guidelines and requirements for administering Acquisition Project
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Funding Allocations are as follows:
1 Appraisal Required. Prior to acquisition of a Project site, a Recipient must obtain an
appraisal or appraisals supporting the fair market value of the land to be acquired. Pursuant
to State law, if the property is $500,000 or less in appraised value, one appraisal is required.
If the property exceeds $500,000 in appraised value, two appraisals are required.
2 Amount Authorized for Payment. The amount of Funding Allocation authorized for
payment for land acquisition shall in no case exceed the Funding Allocation available for the
Project. In the event that the negotiated acquisition price exceeds by ten percent or greater
the appraised value of the land, the disbursement of Funding Allocation shall be conditioned
upon a written justification for the purchase price and other conditions attendant to the
proposed purchase, which justification is declared satisfactory by the Board in writing.
Appraisal costs are eligible Funding Allocation costs as long as the appraised property is
being realistically and seriously considered for Acquisition, regardless of the outcome.
3 Environmental Survey. The Recipient may not acquire land for a BBC GOB Program
funded Project until a Phase I environmental survey is completed, which demonstrates that
the property is suitable for its intended general use and for the specific Project. GOB funds
may be used for the necessary clean-up a Phase II environmental survey may require
provided the scope of the project is not impacted. Changes to the scope of the project
require BCC approval.
4 Signage. For six months following an Acquisition, the County shall post a sign, in the
general design provided by the County, containing the Building Better Communities
General Obligation Bond logo, identifying the source of Project funding. The cost of such a
sign is eligible for payment from the Funding Allocation.
5) Ownership. Title to land acquired with BBC GOB Program funds or facilities
constructed/developed with Building Better Communities General Obligation Bond funds
shall vest with a Public Agency or a legally incorporated 501(c)(3) not -for-profit
Community -Based Organization.
E) Development Projects. Guidelines and requirements for administering Development Project
Funding Allocations are as follows:
1) Licensed Contractors; Contractor Bonds. Duly licensed contractors shall perform all
construction. Construction contracts for work in excess of the threshold amounts established
in Section 255.20 of the Florida Statutes shall require payment and performance bonds,
which comply with the requirements of Section 255.05, Florida Statutes.
2) Cost Elements.
a) Construction Equipment. Recipients are required to use their own equipment, if
available. If a Recipient's equipment is used, the maximum Funding Allocation
payment shall cover operating and routine maintenance costs of such equipment; the
Funding Allocation excludes any depreciation or replacement cost from payment. If a
Recipient's equipment is used, a report or source document must describe the work
performed, indicate the hours used and be related to the Project. If a Recipient does not
Building Better Communities Administrative Rules Rev. 1/07
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have needed construction equipment available, then the Recipient may rent such
equipment.
b) Construction Supplies and Materials. Supplies and materials may be purchased for a
specific Project or may be drawn from a central stock, providing they are claimed at a
cost no higher than that which the Recipient paid. When supplies and/or materials are
purchased with the intention of constructing a piece of equipment, structure or part of a
structure, the costs that are charged as supplies and materials may be capitalized
according to the Recipient's normal practice or policy. If capitalized, only the cost
reasonably attributable to the Project may be claimed under the Project.
c) Personnel or Employee Services. Services of the Recipient's employees who perform
work directly related to the accomplishment of the Project are eligible costs payable
from the Funding Allocation. These costs must be computed according to the
Recipient's prevailing wage or salary scales and may include fringe benefit costs, such as
vacations, sick leave, FICA, MICA, health and life insurance, and workers compensation
at the Recipient's established fringe benefit rate. Costs charged to the Project must be
computed on the basis of actual time spent on the Project, and supported by time and
attendance records describing the work performed on the Project. Overtime costs may
be allowed under the Recipient's established policy, provided that the regular work time
was devoted to the same Project. Salaries and wages claimed for employees working on
allocation -funded Projects must not exceed the Recipient's established rates for similar
positions or rates per industry standards. Alternative methodologies for established
wage rates must be pre -approved by the Board.
d) Consultant Services. The costs of consultant services necessary for the Project are
eligible for payment from the Funding Allocation. The Recipient must pay consultants
according to the Recipient's customary or established method and rate. No consultant
fee may be paid to the Recipient's own employees.
3) Cost Activities.
a) Construction activities. The cost of all necessary construction activities, from site
preparation (including demolition, survey, excavation and other site work) to the
completion of a structure is eligible for payment from the Funding Allocation.
b) Fixtures, Furniture and Equipment. The cost of Fixtures, Furniture and Equipment
necessary to operate the facility are eligible for payment from the Funding Allocation if
approved in the Grant Agreement or the Interlocal Agreement, as the case may be, and a
detailed list of eligible items is submitted in writing and approved by the County
Manager prior to its purchase (See Article III, Section 1 (c)). Costs for consumable
goods shall not be considered eligible for payment from the Funding Allocation. Also,
refer to Article I, Section 4 for a detailed definition of Fixtures, Furniture and
Equipment.
c) Interpretive Signs and Aids. The cost of signs, display boards or other interpretive aids
relating to the Project are eligible•for payment from the Funding Allocation.
d) Signage. During the time period of Development, the County shall post a sign in a
Building Better Communities Administrative Rules Rev. 1/07
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prominent location at the Project site in the general design provided by the County
depicting the Building Better Communities General Obligation Bond logo and
identifying the source of funding for the Project. The cost of such a sign is eligible for
payment from the Funding Allocation.
Recipients are encouraged to use value -engineering clauses in contracts for construction
projects of sufficient size to offer reasonable opportunities for cost reductions.
4) The following is a nonexclusive list of costs ineligible for payment from the Funding
Allocation:
a) Funding Application costs.
b) Ceremonial expenses.
c) Expenses for publicity.
d) Bonus payments unless specifically authorized by the Board.
e) Charges in excess of the lowest responsive and responsible bid or proposal in accordance
with the governing rules and procedures of the Recipient, when the law requires the
Recipient to utilize competitive selection. In the event a selection process is used, other
than a low bid process any cost in excess of the cost of the highest ranked firm shall be
considered ineligible.
f) Charges for deficits or overdrafts.
g) Charges incurred contrary to the policies and practices of the Recipient.
h) Interest expense (May be reimbursed at the discretion of the Board if incurred during the
construction period and is attributable only to the construction period).
i) Litigation expenses or judgments.
j) The cost of services, material or equipment obtained under any other program.
k) Costs of discounts not taken.
1) The cost of purchasing a non-refundable option when acquiring land.
F) Budget Changes.
1) Recipients shall adjust their Project budgets to reflect actual costs and updated cost estimates
and shall submit adjusted Project budgets to the County Manager as soon as the recipient is
aware of a material budget change.
2) Budget adjustments may not exceed the 17% Soft Cost limitation for design, planning, and
program administration, nor exceed the Project Funding Allocation without approval of the
Board.
Building Better Communities Administrative Rules Rev. 1/07
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3) Recipients shall obtain the prior written approval of the Board whenever budget adjustments
are anticipated as outlined in a, b, and c below. The request must be in the same budget
format the Recipient used in the Grant Agreement or Interlocal Agreement, as the case may
be, and shall be accompanied by a narrative justification for the proposed revision. Such
request for adjustment shall, if approved, amend the Grant Agreement or Interlocal
Agreement, as the case may be. Requests for budget changes shall be considered whenever
any of the following adjustments are required:
a) For any Project involving both Acquisition and Development activities, any proposed
budget transfers from Development to Acquisition.
b) Any proposed reduction or revision of the scope or objectives of the Project (regardless
of whether there is an associated budget adjustment) that substantially changes the original
intent of a project.
c) Any change that would increase Soft Costs for planning, design, and project
administration which exceeds the limit specified in Article III Section 3 (c)(1).
In the event that a Recipient has completed the approved scope of work for a Project and has
unexpended funds, the Recipient may submit a request to the County Manager's Office to expend
these funds in an existing or new budget line item for the Project. The County Manager is
authorized to approve such budget changes and expenses not to exceed 15% of the total budget.
G) Cost Overruns. During the execution of work on a Project, the Recipient may find that actual
Project costs exceed the approved budget. For cost overruns that will require additional funding for
the Project, or otherwise require a budget adjustment for which prior Board approval is required
pursuant to paragraph E above, the Recipient shall:
1) Provide a justification for the additional costs;
2) Identify available funds for the completion of the Project; and, if necessary
3) Request from the Board a change or revision in the Project scope consistent with the
terms of the Ordinance.
The Board, at its discretion, may authorize in writing a change or revision in the scope of the
Project: (i) where change or revision of the scope is consistent with the Ordinance; and (ii) where
the change or revision is justified by the Recipient; and (iii) where the Recipient does not have
sufficient funds to complete the Project with the available funds. Under those circumstances, the
Board, in its sole discretion, may identify other funds available under the Ordinance for the Project.
SECTION 2. COMPLIANCE RESPONSIBILITIES
The following constitute general requirements for program compliance:
A) An annual independent audit of the Building Better Communities General Obligation Bond
funds must be submitted by all Recipients to the County Manager's Office no later than six
months after the close of the Recipient's fiscal year for which a Funding Allocation was
Building Better Communities Administrative Rules Rev. 1/07
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received and each year thereafter until Project completion. The audit report must include the
Fund Summary Status Report, Exhibit J. The audit must be performed by certified independent
auditors and include the following:
1) Test for compliance with the Grant Agreement or Interlocal Agreement, as the case may be,
Miami -Dade County Ordinance No. 05-47, applicable resolutions and the Building Better
Communities General Obligation Bond Administrative Rules.
2) Test to verify compliance with advance requirements.
3) Sufficient tests, as determined by the independent auditor to verify true and accurate
reflection of Project expenditures.
4) Tests to verify expenditure of required match dollars.
5) Verification of the Fund Summary Status Report.
B) Land and facilities acquired, developed, improved or rehabilitated by Funding Allocation shall
be dedicated and maintained in perpetuity for the use and benefit of the general public except
where leases are in effect. Any land, facilities, or equipment acquired with Building Better
Communities General Obligation Bond funds may not be sold or transferred without the written
consent of the County and may require an equitable reimbursement of bond funding based on
residual value. All projects shall be open to the public at reasonable times and shall be managed
in a safe and attractive manner appropriate for public use.
C) Funding Allocation for the purposes of development, improvement, rehabilitation or restoration
shall be expended for these purposes only on lands owned by a Recipient or on lands for which
the Recipient holds a lease or other use agreement. Such lease or other use agreement must be
for an unexpired minimum term of 25 years. The Funding Allocation Recipient may
demonstrate the eligibility of the Project to the reasonable satisfaction of the Board, through a
joint ownership, use, franchise or other agreement, evidencing that the lands and/or the Project
will be utilized for the public benefit, consistent with the terms of this Ordinance, for a term of
at least 25 years in duration. The lease must not be revocable at will.
D) Recipient shall maintain all financial and programmatic records, supporting documents and
other records pertinent to the Funding Allocation for a period of three years from the starting
date defined below. If any litigation, claim, negotiation, audit or other action involving the
records has been started before the expiration of the three year period, the records must be
retained until completion of the action and resolution of all issues which arise from it, or until
the end of the regular three year period, whichever is later. When Funding Allocation support is
continued or renewed at annual or other intervals, the retention period for the records of each
funding period starts on the day the Recipient submits to the County its single or last
expenditure report for that period. In all other cases, the retention period starts on the day the
Recipient submits its final expenditure report.
E) The Board and the County, or any of their authorized representatives, shall have the right of
access to any pertinent books, documents, papers or other records of the Recipient in order to
make audits, examinations, excerpts and transcripts.
Building Better Communities Administrative Rules Rev. 1/07
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Office of the Miami -Dade County Inspector General (IG) (MDC Code Section 2-1076) shall
have the authority and power to review past, present and proposed County programs, accounts,
records, contracts and transactions. The IG shall have the power to subpoena witnesses,
administer oaths and require the production of records. Upon ten (10) days written notice to the
Recipient from IG, the Recipient shall make all requested records and documents available to
the IG for inspection and copying. The IG shall have the power to report and/or recommend to
the Board whether a particular project, program, contract or transaction is or was necessary and,
if deemed necessary, whether the method used for implementing the project or program is or
was efficient both financially and operationally. Monitoring of an existing project or program
may include reporting whether the project is on time, within budget and in conformity with
plans, specifications, and applicable law. The IG shall have the power to analyze the need for,
and reasonableness of, proposed change orders.
The IG may, on a random basis, perform audits on all County contracts throughout the duration
of said contract (hereinafter "random audits"). This random audit is separate and distinct from
any other audit by the County. To pay for the functions of the Office of the Inspector General,
any and all payments to be made to the Recipient under the Grant Agreement will be assessed
one quarter of one percent of the total amount of the payment, to be deducted from each
progress payment as the same becomes due unless, as stated in the Code or the Grant
Agreement, the Project is federally or state funded and federal or state law or regulations
preclude such a charge. The Recipient shall in stating its agreed prices be mindful of this
assessment.
The IG shall have the power to retain and coordinate the services of an independent private
sector inspector general (IPSIG) who may be engaged to perform said random audits, as well as
audit, investigate, monitor, oversee, inspect, and review the operations, activities and
performance and procurement process including, but not limited to, project design,
establishment of bid specifications, bid submittals, activities of the contractor, its officers,
agents and employees, lobbyists, County staff and elected officials in order to ensure
compliance with contract specifications and detect corruption and fraud.
F) If a Recipient materially fails to comply with any term of an award, the Board or the County
Manager may take one or more of the following actions, as appropriate in the circumstances:
1) Temporarily withhold cash payments pending correction of the deficiency by the Recipient;
2) Disallow all or part of the cost of the activity or action not in compliance;
3) Wholly or partly suspend or terminate the current award for the Recipient's Project;
4) Withhold further Funding Allocation awards from the Recipient; or
5) Take other remedies that may be legally available.
G) Any of the enforcement actions listed in paragraph F above, taken by the County Manager,
which are contested and unresolved between the Recipient and the County within thirty days of
such action, will result in the Board providing the Recipient with an opportunity to be heard on
the issue. Said hearing will occur within sixty days of the Board receiving the Recipient's
written request. Staff will recommend appropriate action to the Board.
Building Better Communities Administrative Rules Rev. 1/07
21 of 23
H) Costs to Recipient resulting from obligations incurred by the Recipient during a suspension or
after termination of an award are not eligible for reimbursement unless the County Manager
expressly authorizes them in the notice of suspension or termination or subsequently authorizes
reimbursement in writing. Other costs incurred by the Recipient during suspension or after
termination which are necessary and not reasonably avoidable are eligible for reimbursement if:
1) The costs result from obligations which were properly incurred by the Recipient before the
effective date of suspension or termination, were not in anticipation of it, and in the case of a
termination, are non -cancelable; and
2) The costs would be eligible for reimbursement if the award was not suspended or if the
award expired normally at the end of the funding period in which the termination takes
effect.
I) Inspections. Staff of the Board or the County, or both, shall periodically inspect each Project to
ensure compliance with these rules, the Ordinance, and the Grant Agreement or Interlocal
Agreement, as the case may be. Staff shall perform an inspection of the Project site to ensure
compliance prior to release of the final Funding Allocation payment.
SECTION 3. REPORTS
Recipients are required to submit the Project Status Report no later than monthly (Exhibit E), in the
format stipulated by the County Manager. Additional reports that shall be due upon request of the
County Manager may include, but are not limited to:
A) Actual accomplishments of each Funding Allocation;
B) Problems encountered in implementation of each Funding Allocation; and
C) Anticipated start and/or completion dates of each Funding Allocation.
Recipient may be required to meet with the Board to discuss the Project.
SECTION 4. PROJECT CLOSE-OUT
A) A Recipient has up to forty-five (45) days after the expiration or termination of the Funding
Allocation to submit all final documentation including final reimbursement requests and project
completion certificates.
B) The close-out of a Funding Allocation does not affect:
1) The County's right to disallow costs and recover funds on the basis of a later audit or review;
2) The Recipient's obligation to return any funds due as a result of later refunds, corrections or
other transactions;
3) Records retention responsibilities set forth above;
4) Continuing responsibilities set forth in the Ordinance and these rules; and
5) Audit rights set forth in these rules.
Building Better Communities Administrative Rules Rev. 1/07
22 of 23
C) Any amounts paid to Recipient in excess of the amount to which the Recipient is finally
determined to be entitled under the terms of the Grant Agreement or Interlocal Agreement, as
the case may be, constitute a debt to the County. If not paid within a reasonable period after
demand, the County may reduce the debt by:
1) Making an administrative offset against other requests for reimbursement;
2) Withholding payments otherwise due to the Recipient; or
3) Taking other action provided by law.
Any overdue debt of the Recipient shall accrue interest at the maximum rate allowed by law.
SECTION 5. INTERPRETATION; ADMINISTRATION
These administrative rules have been promulgated under the Ordinance. In the event of a conflict
between these rules and the provisions of the Ordinance, the Ordinance shall prevail.
The County Manager shall be authorized to interpret the provisions of these administrative rules and
their interpretation of any matters governed hereby shall be final and may only be overturned by a
majority vote of the Board. The County Manager shall submit recommendations amending these
administrative rules to the Board, which may approve or reject such recommendations by majority
vote.
The County Manager shall be authorized and required to administer the Building Better
Communities General Obligation Bond Program consistent with the Ordinance and these
administrative rules.
Building Better Communities Administrative Rules Rev. 1/07
23 of 23
Exhibit A
OFFICE OF CAPITAL IMPROVEMENTS
AUTHORIZED SIGNATURE FORM
Date:
Grantee;
Contact Name:
Contact Phone & E-mail:
This form certifies the names, titles and signatures of individuals authorized by the Grantee to sign contracts, and requests for; scope
changes, budget revisions, advances, reimbursements, and any other requests that may be required by the Board of County
Commissioners for the disbursement of funds. These signature authonzations are retained by the Office of Capital Improvements for
auditing purposes. Entities are required to submit updates to this list as they become necessary
Name (please type or print)
Contracts & Subcontracts
Requests for Scope Changes
Requests for Budget Revisions
Title (please type or print) Signature
Requests for Advances & Reimbursements
Please submit this form with or before your first request for an advance or reimbursement.
Building Better Communities
EXHIBIT B
Office of Capital Improvements
Request for Advance Payment
Date
Grantee
Grantee Vendor Number
(Federal ID Number)
Bond Series / Other
GOB Project Name & GOB Project Number
GOB Project Amount
Amount of Advance Requested
Reason For Requested Amount
Certification
I hereby certify that this request is in compliance with the Office of Capital Improvements Building Better Communities
Bond Program Administrative Rules, Article Ill Section 1C(8) governing 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 earned will be repaid to the County. I further agree to account for this advance
within one (1) year of the approval date, indicated below, and before any subsequent reimbursement requests are
submitted.
AUTHORIZED SIGNATURE
DATE
Administrative Use Only
1
Amount Approved
Authorized Signature Date
EXHIBIT C
[ Office of Capital improvements
Report of interest Earned on Advance
This form must be submitted with
copies of bank statements or certified financial reports from the Grantee that
amount of deposit, interest rates and total interest earned as of the date
verify the account number, date and
of this report.
Grantee
Bond Series & Other
GOB Project Name & GOB Project Number
Date of Deposit
Amount of Deposit
Expenditure To Date
Interest Rate
interest Earned as of
(Date) .
Current Balance
AUTHORIZED SIGNATURE & TITLE
•
DATE
Building Better Communities Exhibits - Administrative Rules
Exhibit D
PLEASE SUBMIT THIS FORM ON MUNICIPALITIES LETTERHEAD
GOB Reimbursement Request
Date:
Office of Capital Improvements
Attn: Roger T. Hernstadt, Director
111 NW 1St 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 Project 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
"
O f f i c e o f C a p i t a l I m p r o v e m e n t s
R e i m b u r s e m e n t R e q u e s t
- G O B F u n d i n g
E X H I B I T E
G r a n t e e :
G O B P r o j e c t N a m e & G O B P r o j e c t N u m b e r :
B o n d S e r i e s / O t h e r :
R e q u e s t N u m b e r :
D a t e :
R E I M B U R S E M E N T I N F O R M A T I O N ( 0 0 0 ' s )
( A )
( B )
( C )
( ( B + C ) = D )
( A - D )
( D / A )
S e r i e s 2 0 0 5 G O B
M i l e s t o n e s
S e r i e s 2 0 0 5
A l l o c a t i o n
T o t a l P r i o r
R e q u e s t s
C u r r e n t R e q u e s t
T o t a l R e q u e s t s
S e r i e s 2 0 0 5
A l l o c a t i o n B a l a n c e
% o f S e r i e s 2 0 0 5
A l l o c a t i o n S p e n t
0
0
R E T A I N A G E
G R A N D T O T A L
S I G N A T U R E & T I T L E
D A T E
N o t e ' A m o r e d e t a i l e d v e r s i o n o f t h i s
f o r m m a y b e u s e d .
B u i l d i n g B e t t e r C o m m u n i t i e s
P a g e 1 o f 2
Office of Capital Impro vements
Reimbursement Request - Total Project
EXHIBIT E
Grantee:
GOB Project Name & GOB Project
Number:
Bond Series / Other:
Request Number:
Date:
SCHEDULE
Cost (000's)
Percentage of Work, Funds, and Time
Completed
(A)
(B)
(C )
(D)
(E)
(F)
" (G)
((F/E) =H)
((D/C)=G)
Milestones
Start Date
Fi nish Date
Duratio
n In
Days
Time
Lapsed
T ot al Pr oject
Budget
A ct ual Spent
of W ork
Completed
Based on
Act ual
Pr ogress
% of T otal
Pr oject
B udget
Spent
% of Time
Lapsed
GRAND TOTAL
Project Status
Description
is su bjectiv e.
SIGNATURE & TITLE
"Colu mn G is an estimate of the wo rk completed and
DATE
Note. A more detailed version of this
form may be used
Building Better Communites Page 2 of 2
"
E X H I B I T F
O f f i c e o f C a p i t a l I m p r o v e m e n t s
G r a n t e e D i r e c t L a b o r C o s t s R e p o r t
G r a n t e e :
G O B P r o j e c t N a m e & G O B
P r o j e c t N u m b e r :
B o n d S e r i e s / O t h e r :
R e q u e s t N u m b e r :
B i l l i n g P e r i o d :
B u d g e t L i n e I t e m
E m p l o y e e N a m e
J o b C l a s s i f i c a t i o n
# o f H o u r s
H o u r l y R a t e
T o t a l L a b o r C o s t
P l a n n i n g
D e s i g n
T o t a l D e s i g n R e q u e s t
A d m i n i s t r a t i o n
T o t a l A d m i n i s t r a t i o n R
C o n s t r u c t i o n / O t h e r
T o t a l C o n s t r u c t i o n / O t h e r R e q u e s t
A U T H O R I Z E D S I G N A T U R E
D A T E
B u i l d i n g B e t t e r C o m m u n i t i e s
Office of Capital Improvements
Fixtures, Furniture and Equipment
(See Article 11, Section 1 (C)10 of the Administrative
Rules)
EXHIBIT G
Grantee:
GOB Project Name & GOB Project Number:
Bond Series/Other:
Request Number:
Billing Period:
e _ _ Vend+�l =
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AUTHORIZED SIGNATURE & TITLE
DATE
Building Better Communities
Office of Capital Improvements
Project Completion Certificate
EXHIBIT I
Date:
Entity Name
Entity Vendor Number
(Federal ID Number)
Bond Series / Other
GOB Project Name & GOB Project Number
Amount of Final Request
Certification
I hereby certify that the above
accordance with the contractual
Miami -Dade County dated
referenced Building Better Communities Bond Program project was completed in
agreement between
and
and that all expended funds were used in accordance with the
Agreement and the Rules.
ATHORIZED SIGNATURE DATE
Administrative Use Only
Final Site Review
Date of Final Site Visit OCI Construction Manager Date
Final Payment Approval
Amount of Final Payment OCI Fiscal Administrator Date
! 44. 'T 1+ ,
Office of Capital Impr ovements
Fund Summary Status Report
EXHIBIT J
Grantee:
GOB Proj ect Name & GOB
Project Number:
Bond Series / Other:
Fiscal Year Ending:
Date:
Milestones
Land/Bldg Acqui sition Year End Fund Status
Planning, Design & AdminYear End Fund Status
Construction Phase Year End Fund Status
Total Actual
Expenditures as
of:
Total
Reimbursments
R eceived as of:
Total Pending
Reimbursements
as of:
Total Actual
Exp enditures as
of:
T otal
Reimbursments
R eceiv ed as of:
T otal Pending
Reimbursements
as of:
T ot al Actual
Exp endit ures as
of:
Total
Reimb ursments
Received as of:
Total Pending
Reimbursements
as of:
GRANTEE AUTHORIZED SIGNATURE
Auditor's Certification
Date
I have obtained the Rules and related policies and procedures (Administrative Rules, Ordinances, Resolutions) and have performed the substanti ve tests deemed necessary to determine compliance with est ablished policies and
procedures I have also verified that the above is an accurate reflection of expenditures and reimbursements for this audit period
AUDITOR'S SIGNATURE
COMPANY NAME
DATE