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HomeMy WebLinkAbout24566AGREEMENT INFORMATION AGREEMENT NUMBER 24566 NAME/TYPE OF AGREEMENT MIAMI-DADE COUNTY DESCRIPTION BUILDING BETTER COMMUNITIES INTERLOCAL AGREEMENT/DOG RUN PARK PROJECT NUMBER 82- 3004875/F I L E ID: 9238/R-21-0304 EFFECTIVE DATE August 3, 2023 ATTESTED BY TODD B. HANNON ATTESTED DATE 11/22/2022 DATE RECEIVED FROM ISSUING DEPT. 8/23/2023 NOTE DOCUSIGN AGREEMENT BY EMAIL DocuSign Envelope ID: 839193A0-2774-4F4D-ACF9-2756288B824C CITY OF MIAMI DOCUMENT ROUTING FORM File No: OCI 21051 ORIGINATING DEPARTMENT: Office of Capital Improvements DEPT. CONTACT PERSON: EXT: Charles McKinnon/Hector Badia 12789/1236 NAME OF OTHER CONTRACTUAL PARTY/ENTITY: Miami -Dade County IS THIS AGREEMENT A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? ❑ YES ® NO TOTAL CONTRACT INVOLVED AMOUNT: $150,000 FUNDING INVOLVED $ ® YES ❑ NO TYPE OF AGREEMENT: ❑ MANAGEMENT AGREEMENT ❑ PROFESSIONAL SERVICES AGREEMENT ❑ GRANT AGREEMENT ❑ EXPERT CONSULTANT AGREEMENT ❑ LICENSE AGREEMENT OTHER: (PLEASE SPECIFY) PURPOSE OF ITEM (BRIEF SUMMARY) Project number 40-B193522 COMMISSION APPROVAL DATE: ❑ PUBLIC WORKS AGREEMENT ❑ MAINTENANCE AGREEMENT ® INTER -LOCAL AGREEMENT ❑ LEASE AGREEMENT ❑ PURCHASE OR SALE AGREEMENT Miami -Dade County Building Better Community General Obligation Bond $150,000 Grant Agreement for Gold Star Memorial Park Improvements OCI 22 July 2021 FIELD ID: 9238 ENACTMENT NO.: R-21-0304 IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: ROUTING INFORMATION Date PLEASE PRINT AND SIGN APPROVAL BY DEPARTMENTAL DIRECTOR November 22, PRINT: HECTOR BADIA ><�} D��'�jec �r 12 ES 1MI ATITKE: : (-DocuSigned by: 2 —11'38ACAB636B542B... SUBMITTED TO RISK MANAGEMENT November 22 ,17VA41 PRINT: ANN-MARIE i�E7 14 SHARPE EST cuSigned by: FratAk Owtt/7 "-- SUBMITTED TO CITY ATTORNEY 1 November 22, CDs 20^�A- I 12 : 1/1PY mES 22, PRINT: VICTORIA ITT F 3 : 28 27 335e6-31-821-4 MENDEZ —DocuSigned E F�9F4E-6 E 7... by: o-"et_ FE®n 57... APPROVAL BY ASSISTANT CITY MANAGER November 23, PRINT: NZERIBE 2022 I 08:03:4f SIGNATURE: IHEKWABA ESpfusigned by: I Nujt,Vttit, (UWaha. RECEIVED BY CITY MANAGER November 28, PRINT: ART NORIEGA` 2022 I 11:27:2 SIGNATURE: `-4 36XC�E�fOCS'8... ErpTcuSigned by: Ark NorieSa November 28, PRINT: Hannon, VCF6C3720D42A... SIGNATURE: r—DocuSigned by: 1) ONE ORIGINAL TO CITY CLERK, 2) ONE COPY TO CITY ATTORNEY'S OFFICE, U YT' 20: 46: 31 EELT_E46D756ODCF145g... SIGNATURE: PRINT: SIGNATURE: 3) REMAINING ORIGINAL(S) TO ORIGINATING DEPARTMENT DocuSign Envelope ID: 839193A0-2774-4F4D-ACF9-2756288B824C ORM TO ALL DOCUMENTS THAT REQUIRE EXECUTION BY THE CITY MANAGER OFFICIAL FILE COPY CLERK OF THE BOARD OF COUNTY COMMISSIONERS MIAMI-DADE COUNTY, FLORIDA BUILDING BETTER COMMUNITIES INTERLOCAL AGREEMENT BETWEEN THE CITY OF MIAMI, FLORIDA AND MIAMI-DADE COUNTY Gold Star Family Memorial Mini Park Project Number 82-3004876 THIS INTERLOCAL AGREEMENT (the "Agreement") by and between Miami -Dade County, a political subdivision of the State of Florida (the "County"), through its governing body, the Board of County Commissioners of Miami -Dade County, Florida (the "Board") and the City of Miami, Florida, a municipal corporation organized under the laws of the State of Florida, through its governing body, the Mayor and Commissioners of the City of Miami, Florida (the "Municipality") is entered into this 3rd day of August 20 23("Effective Date"). 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, on January 22, 2020 the Board adopted Resolution No. R-18-20 approving an allocation of $300,000 from BBC GOB Project No. 82 to the Municipality to be used at City - owned property located at 2201 SW 26th Street and adjacent green areas and at City -owned property located at 2300 SW 22nd Terrace; and WHEREAS, Gold Star Family Memorial Mini Park (formally known as Silver Bluff Park) / Project 82-3004876 (the "Project") located at 2300 SW 22nd Terrace is eligible for funding from the BBC GOB Program in a total amount not to exceed $ 150,000 (the "Funding Allocation"); and WHEREAS, the Municipality is undertaking the Project for completion consisting of a neighborhood activity area which includes shaded benches, drinking fountains, bike racks, playground, landscaping and right-of-way improvement ("Neighborhood Activity Area") and was specifically approved as part of the BBC GOB Program and has been approved for funding in Fiscal Year 2021-2022, provided funds are available, and is described more specifically in Exhibit 1 to this Interlocal Agreement; and WHEREAS, the Project is subject to the approval of the Municipality's Public Works Department and the County's Department of Transportation and Public Works as to the reconfiguration and relocation of the roadways and swales; and Building Better Communities Municipal Agreement 1 of 11 DocuSign Envelope ID: 839193A0-2774-4F4D-ACF9-2756288B824C WHEREAS, the Project as a whole is estimated to cost $ 462,250 (the "Total Project Cost") and will be funded from the sources listed in Exhibit 1; provided, however, the County's obligation to fund the Project is fully subject to and contingent upon the availability of BBC GOB Program proceeds; and WHEREAS, pursuant to the terms of this Agreement, the County has agreed to fund $ 150,000 in Fiscal Year 2021-2022 from the BBC GOB Program funds for the Project (the "Funding Cycle Allocation"), fully subject to and contingent upon the conditions set forth in this Agreement, and in particular, the County's approval and issuance of BBC GOB Program bonds or the draw -down bonds ("Funds"), the approval by the Board of County Commissioners to fund this Project from the Funds, and the availability of the Funds; and WHEREAS, the Commissioners of both the Municipality and County have authorized, by resolution, their respective representatives to enter into this Agreement for each Funding Cycle Allocation describing their respective roles in the funding for the Project costs with respect to such Funding Cycle Allocation, NOW THEREFORE, pursuant to Resolution No. R-595-05, which specifically authorizes the County Mayor to execute such agreements, sub -agreements and other required contracts and documents, to expend BBC GOB Program bond funds received for the purpose described in the funding request, and in consideration of the mutual promises and covenants contained herein and the mutual benefits to be derived from this Agreement, the parties hereto agree as follows: Section 1. Purpose: The purpose of this Agreement is to clarify the parties' roles and obligations regarding the BBC GOB Program funding being provided with respect to the Proj ect. 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 the Funds for the Fiscal Year 2021-2022 Funding Cycle Allocation in an amount equal to $ 150,000 fully subject to and contingent upon the County's approval and issuance of the Funds, the approval by the Board of County Commissioners to fund this Project from the Funds, and the availability of the Funds ("Conditions Precedent to Funding Responsibility"). This amount represents a portion of the amount necessary to complete the Project. Subject to the satisfaction of the Conditions Precedent to Funding Responsibility and subject to annual appropriation by the Board, the County also agrees to make disbursements from available Funds for the balance of Building Better Communities Municipal Agreement 2 of 11 DocuSign Envelope ID: 839193A0-2774-4F4D-ACF9-2756288B824C the Funding Allocation in the years and the amounts set forth in the Multi - Year Capital Plan. The Municipality understands and agrees that, from time to time, the Board may, in its sole discretion, approve revisions to the Multi - Year Capital Plan thereby amending the amounts and timing of Funding Allocation disbursements to the Municipality. The Funds, if and when available, shall be provided in accordance with the reimbursement procedures contained in the County's GOB Administrative Rules attached as Attachment 1, which is hereby incorporated in this Agreement by this reference. Municipality understands and agrees that reimbursements to the Municipality will be made in accordance with federal laws. Subject to certain exceptions the applicability of which is to be reviewed on a case -by - case basis, the reimbursement allocation will be made no later than eighteen (18) months after the later of (a) the date the original expenditure is paid, or (b) the date the project is placed in service or abandoned, but in no event more than three (3) years after the original expenditure is paid by the Municipality. Notwithstanding the foregoing, the County shall have no obligation whatsoever to make any reimbursements to the Municipality prior to the satisfaction of all of the Conditions Precedent to Funding Responsibility. Any and all reimbursement obligations of the County pursuant to this Agreement are limited to and contingent upon, the availability of Funds allocated to the Project in accordance with the Funding Plan. The Municipality accepts and agrees that all expenditures made by the Municipality prior to the satisfaction of all of the Conditions Precedent to Funding Responsibility are made at the Municipality's sole risk and may not be eligible for reimbursement. The Municipality may not require the County to use any other source of legally available revenues other than from the Funds to fund the Project. This Agreement does not in any manner create a lien in favor of the Municipality on any revenues of the County including the Funds. In the event that the Project Milestones, as defined and set forth in Exhibit 1 of this Agreement are not within 10% of completion, the dollars to be funded for subsequent Milestones may be delayed for one (1) calendar year in accordance with the Administrative Rules, see Section 18 of this Agreement. Section 3. Parties, Effective Date and Term: This Agreement shall take effect upon execution and shall terminate upon the completion of the Project, including the completion of all final closeout documentation. The County has delegated the responsibility of administrating this Interlocal Agreement to the County Mayor or designee. Section 4. Compliance with Laws: Each party agrees to abide by and be governed by all Applicable Laws necessary for the development and completion of the Project. "Applicable Law" means any applicable law (including, without limitation, any environmental law), enactment, statute, code, ordinance, administrative order, charter, tariff, resolution, order, rule, regulation, guideline, judgment, decree, writ, injunction, franchise, permit, certificate, license, authorization, or other direction or requirement of any governmental authority, political subdivision, or any division or department thereof, now existing or hereinafter enacted, adopted, promulgated, entered, or issued. Notwithstanding the foregoing, "Applicable Laws" and "applicable laws" shall expressly include, without limitation, all applicable zoning, land use, DRI and Florida Building Code requirements and regulations, all applicable impact fee requirements, all requirements of Florida Statutes, specifically Building Better Communities Municipal Agreement 3 of 11 DocuSign Envelope ID: 839193A0-2774-4F4D-ACF9-2756288B824C including, but not limited to, Section 255.05 related to payment and performance bonds, Section 255.20 related to contractor selection and Section 287.055 related to competitive selection of architects and engineers, all requirements of Chapters 119 and 286 of the Florida Statutes, Section 2-11.15 of the Code (Art in Public Places), and all other applicable requirements contained in this Agreement and Exhibit 1, which is hereby incorporated in this Agreement by this reference. Section 5. Contractual obligation to comply with certain County requirements: All records of the Municipality and its contractors pertaining to the Project shall be maintained in Miami -Dade County and, upon reasonable notice shall be made available to representatives of the County. In addition, the Office of Inspector General of Miami -Dade County shall have access thereto for any of the purposes provided in Section 2-1076 of the Code of Miami -Dade County. The Municipality shall cause each contract to include a provision that contractor shall comply with all requirements of Section 2-1076, and that contractor will maintain all files, records, accounts of expenditures for contractor's portion of the work and that such records shall be maintained within Miami -Dade County's geographical area and the County shall have access thereto as provided in this Agreement. The Municipality shall comply with the requirements of Florida Statutes related to retainage of funds due a contractor and shall include appropriate language in its construction contracts and shall require the contractor to include such language in its subcontracts. All applicable County Rules, Regulations, Ordinances, Resolutions, Administrative Orders, and the County Charter referenced in this Agreement are posted on the County's website: "miamidade.gov". Section 6. Accounting, Financial Review, Access to Records and Audits: The Municipality shall maintain adequate records to justify all charges, expenses, and costs incurred which represent the funded portion of the Project for at least three (3) years after completion of the Project. The County shall have access to all books, records, and documents as required in this section for the purpose of inspection or auditing during normal business hours and upon the Municipality's receipt of reasonable written notice. 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 MIAMI- DADE COUNTY OFFICE OF THE INSPECTOR GENERAL ("OIG") shall have the authority and power to review past, present, and proposed County programs, accounts, records, contracts and transactions, and contracts such as this Agreement for improvements some cost of which is funded with County funds. As such, the OIG may, on a random basis, perform audits on this Agreement throughout the duration of said Agreement (hereinafter "random audits"). This random audit is separate and distinct from any other audit by the County. The OIG shall have the power to retain and coordinate the services of an IPSIG who may be engaged to perform said random audits, as well as audit, investigate, monitor, oversee, inspect, and review the operations, activities and performance and procurement process Building Better Communities Municipal Agreement 4 of 11 DocuSign Envelope ID: 839193A0-2774-4F4D-ACF9-2756288B824C including, but not limited to, project design, establishment of bid specifications, bid submittals, activities of the Municipality and contractor and their respective officers, agents and employees, lobbyists, subcontractors, materialmen, staff and elected officials in order to ensure compliance with contract specifications and detect corruption and fraud. The OIG shall have the power to subpoena witnesses, administer oaths and require the production of records. Upon ten (10) calendar days written notice to the Municipality (and any affected contractor and materialman) from OIG, the Municipality (and any affected contractor and materialman) shall make all requested records and documents available to the OIG for inspection and copying. The OIG shall have the power to report and/or recommend to the Board whether a particular project, program, contract, or transaction is or was necessary and, if deemed necessary, whether the method used for implementing the project or program is or was efficient both financially and operationally. Monitoring of an existing project or program may include reporting whether the project is on time, within budget and in conformity with plans, specifications, and applicable law. The OIG shall have the power to analyze the need for, and reasonableness of, proposed change orders. The OIG is authorized to investigate any alleged violation by a contractor of its Code of Business Ethics, pursuant Miami -Dade County Code Section 2-8.1. The provisions in this Section shall apply to the Municipality, its contractors and their respective officers, agents, and employees. The Municipality shall incorporate the provisions in this Section in all contracts and all other agreements executed by its contractors in connection with the performance of this Agreement. Any rights that the County has under this Section shall not be the basis for any liability to accrue to the County from the Municipality, its contractors or third parties for such monitoring or investigation or for the failure to have conducted such monitoring or investigation and the County shall have no obligation to exercise any of its rights for the benefit of the Municipality. This provision shall survive the early termination and/or the expiration of this Agreement. Section 7. Relationship of the Parties: The parties agree that the Municipality is an independent entity responsible solely for the Project and not an agent or servant of the County. No party or its officers, elected or appointed officials, employees, agents, independent contractors or consultants shall be considered employees or agents of any other party, nor to have been authorized to incur any expense on behalf of any other party, nor to act for or to bind any other party, nor shall an employee claim any right in or entitlement to any pension, workers' compensation benefit, unemployment compensation, civil service or other employee rights or privileges granted by operation of law or otherwise, except through and against the entity by whom they are employed. Section 8. Liability: The parties to this Agreement shall not be deemed to assume any liability for the negligent or wrongful acts, or omissions of the other party. Nothing contained herein shall be construed as a waiver, by either party, of the liability limits established in Section 768.28 of the Florida Statutes. The Municipality acknowledges that the County, its employees, Commissioners, and agents are solely providing funding assistance for the Project and are not involved in the design, construction, operation, or maintenance of the Project. Section 9. Breach, Opportunity to Cure and Termination: Building Better Communities Municipal Agreement 5 of 11 DocuSign Envelope ID: 839193A0-2774-4F4D-ACF9-2756288B824C (a) Each of the following shall constitute a default by the Municipality: (1) If the Municipality uses all or any portion of the Funding Allocation for costs not associated with the Project (i.e., ineligible costs), and the Municipality fails to cure its default within thirty (30) calendar 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) calendar day period, such cure period shall be extended for up to one hundred eighty (180) calendar days following the date of the original notice if within thirty (30) calendar 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) calendar 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) calendar day period, such cure period shall be extended for up to one hundred eighty (180) calendar days following the date of the original notice if within thirty (30) calendar days after such written notice the Municipality commences diligently and thereafter continues to cure. (3) If the Municipality fails to complete the Project within three (3) years of the effective date of the first executed Interlocal Agreement for this Project, unless such deadline is extended in accordance with Section 13 of this Agreement. (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) calendar 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) calendar day period, such cure period shall be extended for up to one hundred eighty (180) calendar days following the date of the original notice if within thirty (30) calendar 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 Building Better Communities Municipal Agreement 6 of 11 DocuSign Envelope ID: 839193A0-2774-4F4D-ACF9-2756288B824C (4) 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. 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 Costs/Venue: In the event that the Municipality or the County institutes any action or suit to enforce the provisions of this Agreement, each party shall be responsible for its own costs and attorney's fees at the mediation, arbitration, trial, appellate and post judgment levels. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. The County and the Municipality agree to submit to service of process and jurisdiction of the State of Florida for any controversy or claim arising out of or relating to this Agreement or a breach of this Agreement. Venue for any court action between the parties for any such controversy arising from or related to this Agreement shall be in the Eleventh Judicial Circuit in and for Miami -Dade County, Florida, or in the United States District Court for the Southern District of Florida, in Miami -Dade County, Florida. Section 11. Naming Rights and Advertisements: It is understood and agreed between the parties hereto that the Municipality is funded by Miami -Dade County. Further, by acceptance of these funds, the Municipality agrees that Project(s) funded by this Agreement shall recognize and adequately reference the County as a funding source. In the event that any naming rights or advertisement space is offered on a facility constructed or improved with BBC GOB Program funds, then Miami -Dade County's name, logo, and slogan shall appear on the facility not less than once and equal to half the number of times the most frequent sponsor or advertiser is named, whichever is greater. Lettering used for Miami -Dade County will be no less than 75% of the size of the largest lettering used for any sponsor or advertiser unless waived by the Board. The Municipality shall ensure that all publicity, public relations, advertisements, and signs recognize and reference the County for the support of all Project(s). This is to include, but is not limited to, all posted signs, pamphlets, wall plaques, cornerstones, dedications, notices, flyers, brochures, news releases, media packages, promotions, and stationery. In particular, the Municipality must include the following credit line in all promotional marketing materials related to this funding including web sites, news and press releases, public service announcements, broadcast media, programs, and publications: "THIS PROJECT IS SUPPORTED BY THE Building Better Communities Municipal Agreement 7 of 11 DocuSign Envelope ID: 839193A0-2774-4F4D-ACF9-2756288B824C BUILDING BETTER COMMUNITIES BOND PROGRAM AND THE MAYOR AND BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY." The use of the official County logo is permissible for the publicity purposes stated herein. The Municipality shall submit sample of mockup of such publicity or materials to the County for review and approval. The Municipality shall ensure that all media representatives, when inquiring about the Project(s) funded by the Agreement, are informed that the County is its funding source. Section 12. Notice: Any notice, consent or other communication required to be given under this Agreement shall be in writing, and shall be considered given when delivered in person or sent by facsimile or electronic mail (provided that any notice sent by facsimile or electronic mail shall simultaneously be sent personal delivery, overnight courier or certified mail as provided herein), one (1) business day after being sent by reputable overnight carrier or three (3) business days after being mailed by certified mail, return receipt requested, to the parties at the addresses set forth below (or at such other address as a party may specify by notice given pursuant to this Section to the other party): The County: County Mayor Miami -Dade County, Stephen P. Clark Center 111 NW 1 Street, Suite 2910 Miami, Florida 33128 With a copy to: Director, Office of Management and Budget 111 NW 1 Street, Suite 2210 Miami, Florida 33128 The Municipality: City Mayor 3500 Pan American Drive Miami, Florida 33133 With a copy to: City Attorney, City of Miami 444 SW 2nd Avenue, 9th Floor Miami, FL 33130 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. Notwithstanding the aforementioned, the deadline set forth in Section 9(a)(3) may be extended upon a written request from the Municipality and a written response approving same from the County Mayor or Mayor's designee. 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 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 Building Better Communities Municipal Agreement 8 of 11 DocuSign Envelope ID: 839193A0-2774-4F4D-ACF9-2756288B824C or constitute a continuing waiver or a waiver of any other breach of the same or any other provision of this Agreement. Section 17. Representation of the Municipality: The Municipality represents that this Agreement has been duly authorized, executed and delivered by Mayor and Commission, as the governing body of the City of Miami, Florida and it has granted the Mayor of the City of Miami, or designee, the required power and authority to execute this Agreement. The Municipality agrees to: a) maintain the Project for a minimum of 25 years; b) agrees to govern itself, in regards to the subject Project, in accordance with Article 7 of the County Charter; c) keep the Project open safely and properly maintained for all Miami -Dade County residents; and, d) allow all Miami -Dade County residents equal access and use of the Project and not discriminate when charging facility admission fees based on where a resident resides in the County. The Municipality also agrees to accept and comply with the Administrative Rules as stated in Attachment 1 and as may hereafter be amended. Section 18. Representation of the County: The County represents that this Agreement has been duly approved, executed, and delivered by the Board, as the governing body of the County, and it has granted the Miami -Dade County Mayor or Mayor's designee the required power and authority to execute this Agreement. Subject to the conditions set forth in this Agreement, the County agrees to provide the Funding Allocation to the Municipality for the purpose of developing and improving the Project in accordance with each of the attached Exhibit Forms, incorporated herein as Exhibits A-D, El-E3, F, G and I-K of Attachment 1 (Administrative Rules). In addition to the other conditions set forth in this Agreement, Miami -Dade County shall only be obligated to reimburse the Municipality provided the Municipality is not in breach of this Agreement and the Municipality has demonstrated that it has adequate funds to complete the Project. The County shall administer, in accordance with the appropriate regulations, the funds available from the BBC GOB Program as authorized by Board Resolutions. Any and all reimbursement obligations of the County shall be fully subject to and contingent upon the availability of funding from the County for the specific purpose contained herein. The Municipality shall be solely responsible for submitting all documentation, as required by the specific Administrative Rules incorporated herein as Attachment 1, to the County Mayor or 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 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 $200,000, or any claim or judgments or portions thereof, which when totaled with all other occurrences, exceeds the sum of $300,000 from any and all personal injury or property damage claims, liabilities, losses or causes of action which may arise solely as a result of the negligence of the Municipality. However, nothing herein Building Better Communities Municipal Agreement 9 of 11 DocuSign Envelope ID: 839193A0-2774-4F4D-ACF9-2756288B824C 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 $200,000, or any claim or judgments or portions thereof, which when totaled with all other occurrences, exceeds the sum of $300,000 from any and all personal injury or property damage claims, liabilities, losses or causes of action which may arise solely as a result of the negligence of the County. However, nothing herein shall be deemed to indemnify the Municipality from any liability or claim arising out of the negligent performance or failure of performance of the Municipality or any unrelated third party. Section 21. Assignment: The Municipality may not assign all or any portion of this Agreement without the prior written consent of the County. Section 22. Entirety of Agreement: This Agreement, and the attachments thereto, incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained in this Agreement. The parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this Agreement, and that this Agreement contains the entire agreement between the parties as to all matters contained herein. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that any oral representations or modifications concerning this Agreement shall be of no force or effect, and that this Agreement may be modified, altered or amended only by a written amendment duly executed by both parties hereto or their authorized representatives. Section 23. Counterparts/Electronic Signatures: This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. Facsimile, .pdf and other electronic signatures to this Agreement shall have the same effect as original signatures. Building Better Communities Municipal Agreement 10 of 11 DocuSign Envelope ID: 839193A0-2774-4F4D-ACF9-2756288B824C IN WITNESS THEREOF, the parties through their duly authorized representatives hereby execute this AGREEMENT with an effective date of , 20 . Attested: Approved by County Attorney as to form and legal sufficiency. City of Miami, Florida tDocuSigned by: Ari- N°r(eT, November 28, 2022 1 11:27:21 EST By: 6sA6E-t3C3729B42A... City Manager Date For the City Commission, City of Miami, Florida ,-DocuSigned by by: DRy ocuSIC��F'�" 'lY• Z 5 m , �j p -�-� �y. �E46D7560DCF1459... r St: ORlO_- Hannon, Todd Clerk November 28, 2022 1 20:46:31 EST Date MIAMI-DADE COUNTY, FLORIDA By: County Mayor or Designee MIAMI-DADE COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS Stephen P. Clark Center 111 NW 1 Street Miami, Florida 33128 ATTEST: Juan Fernandez-Barquin, Clerk of the Court and Comptroller By: Print Name: ate: (Deputy Clerk Signature) Olga Valverde — e18183 8-3-23 Building Better Communities Municipal Agreement 11 of 11 DocuSign Envelope ID: FOA636AA-117E-4E55-9E60-725B4BD2D9A1 Exhibit 1 - Project Budget and Description January 19, 2023 Initia Date rDS Miami -Dade County Building Better Communities General Obligation Bond Program (GOB) City of Miami Parks and Facility Improvements - Gold Star Family Memorial Mini Park (previously known as Silver Bluff Mini Park) GOB Project Number 82-3004876 REVENUES Milestones EXPENSES FY 2021 -2022 GOB Allocation Future GOB Allocation *Other Funding Allocations Total Estimated Revenues Projected Start Date Schedule End Date Total Estimated Expenses 0 Project Administration 0 26,724 26,724 Project Administration (Non -GOB) 10/21/2019 9/30/2021 26,724 0 Land Acquisition 0 0 Land Acquisition (Non -GOB) 0 0 Pre -design, Planning, including preliminary engineering 0 0 Pre -design, Planning, including preliminary (Non -GOB) 0 0 A&E Selection 0 0 A&E Selection (Non -GOB) 0 0 Design 0 90,000 90,000 Design (Non -GOB) 10/21/2019 5/21/2020 90,000 0 Dry run/permit 0 0 Dry run/permit (Non -GOB) 0 0 Contractor Selection 0 0 Contractor Selection (Non -GOB) 0 150,000 0 150,000 Construction On Going 3/1/2022 6/30/2022 150,000 195,526 195,526 Construction On Going (Non -GOB) 8/2/2021 6/30/2022 195,526 0 Construction Substantially Complete 6/30/2022 0 0 Construction Substantially Complete (Non -GOB) 6/30/2022 0 0 Other (Final Completion/Admin Closeout) 9/30/2022 0 0 Other (Non -GOB) 0 150,000 0 312,250 462,250 TOTALS 462,250 * Other Fundin g Funding Source Amount Impact Fees New Ordinance -Park 312,250 Project Narrative/Description 312,2501 To perform improvements to the Gold Star Family Memorial Mini Park, formerly known Silver Bluff Park located at 2300 SW 22nd Terrace. Project consists of installing shaded benches, drinking fountains, bike racks, playground, landscaping, and right-of-way improvements. GOB Total Funding Allocation Narrative/Description GOB total funding will be allocated only to construction activities. GOB FY 2021 - 2022 Funding Allocation Narrative/Description GOB total funding will be allocated only to construction activities. **For municipalities and public agencies, this exhibit, along with the entity's resolution, conforms with Article III, Section I, A2e of the Building Better Communities Bond Program (GOB) Administrative Rules. Building Better Communities Page 1 of 1 DocuSign Envelope ID: 839193A0-2774-4F4D-ACF9-2756288B824C 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 10 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 15 Page 15 Page 24 Page 25 Page 26 Page 27 Building Better Communities Administrative Rules Rev. 08/2017 1 of 27 DocuSign Envelope ID: 839193A0-2774-4F4D-ACF9-2756288B824C 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 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 Office of Management and Budget. All inquiries, correspondence and applications for the BBC GOB Program should be addressed to: Miami -Dade County Office of Management and Budget 111 NW 1 Street 22nd Floor Miami, Florida 33128 Attention: Coordinator, Office of Management and Budget or to a Department or agency of Miami -Dade County, serving as the County Mayor'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. Building Better Communities Administrative Rules Rev. 08/2017 2 of 27 DocuSign Envelope ID: 839193A0-2774-4F4D-ACF9-2756288B824C "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 Funding Allocation. "Application Submission Period" means a formally announced period of time for the submission of a Funding Application Package in a given Funding Cycle. "Authorizing Resolutions" mean Resolution Nos. R - 912-09, R - 913-09, R - 914-09, R - 915-09, R - 916-09, R - 917-09, R - 918-09 and R - 919-09, as each may be amended from time to time. "Board of County Commissioners" or "Board" means the legislative and the governing body of the County. "Community -Based Organization" or "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 Mayor" or "Mayor" 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 listed in Appendix A to each of the Authorizing Resolutions for inclusion in the BBC GOB Program. "Fixtures, Furniture and Equipment" or "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 Board pursuant to these administrative rules for a Funding Allocation from one of the Funds. "Funding Allocation" means (i) the total amount of Building Better Communities General Obligation Bond funds approved by the Board for use by a Recipient for a specific Project as set forth in the Authorizing Resolutions; or (ii) the total amount approved by the Board from a Fund for use by a Recipient for a specific Project. "Funding Application Form" means the base application form provided by the County Mayor or County Mayor's designee to be completed by the Applicant and submitted as part of a Funding Application Package. Building Better Communities Administrative Rules Rev. 08/2017 3 of 27 DocuSign Envelope ID: 839193A0-2774-4F4D-ACF9-2756288B824C "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. "Funding Cycle Allocation" means the amount of the 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. "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. "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 and/or Funding 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 and/or Funding Allocation for a Project. "LEED" refers to Leadership in Energy and Environmental Design and means an ecology oriented building certification under a program sponsored by the U.S. Green Building Council. "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, 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. Building Better Communities Administrative Rules Rev. 08/2017 4 of 27 DocuSign Envelope ID: 839193A0-2774-4F4D-ACF9-2756288B824C "REMI Model" means a simultaneous equations econometric model developed by REMI, Inc., and suitable for estimating the dynamic economic impacts of real property and other capital investments in Miami -Dade County. "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 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. "Strategic Area" means geographic areas identified as the Opa-locka Executive Airport property and designated adjacent areas, the Civic Center/Medical District area, the Port of Miami, the Kendall- Tamiami Executive Airport and designated adjacent areas, and the Homestead Air Force Reserve Base and designated adjacent areas. The boundaries of these areas are identified in Exhibit L to these Administrative Rules. "Targeted Urban Areas" or "TUA" means the geographical communities that have been designated by the Board and defined in the County Code of Ordinances Article VI, Sec.30A-129(2). "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 An Application Submission Period may be established on a periodic basis or a Funding Allocation may be awarded to a Recipient by the Board on a case by case basis. Each Project may be awarded a Funding Cycle Allocation during one or more Funding Cycles. Eligible entities must apply for these Funding Cycle Allocations. A Grant Agreement or Interlocal Agreement between the County and the Recipient, as the case may be, implements the Funding Cycle Allocations. Building Better Communities Administrative Rules Rev. 08/2017 5 of 27 DocuSign Envelope ID: 839193A0-2774-4F4D-ACF9-2756288B824C If an Application Submission Period is opened, 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. Funding Application Packages for Projects under the Economic Development Fund program will be evaluated on a case by case basis, and may be submitted for review by the County Mayor or the County Mayor's designee at any time as long as funding under this Fund is available. Final grant award of Funding Allocations pursuant to an Application Submission Period are subject to approval by the Board. SECTION 2. FUNDING APPLICATION An Applicant must submit a complete Funding Application Form 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 or Interlocal Agreement, as the case may be. (See Article III, Section 1(C), and for Projects under the Economic Development Fund Program, Article II, Section 3(B) 1). 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 Building Better Communities Administrative Rules Rev. 08/2017 6 of 27 DocuSign Envelope ID: 839193A0-2774-4F4D-ACF9-2756288B824C 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). 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. • Municipality or Public 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 subject to certain limitations and to be evaluated on a case -by -case basis; new construction or renovation of buildings subject to certain limitations and to be evaluated on a case -by -case basis; and construction or acquisition of parking lots and structures subject to certain limitations and to be evaluated Building Better Communities Administrative Rules Rev. 08/2017 7 of 27 DocuSign Envelope ID: 839193A0-2774-4F4D-ACF9-2756288B824C on a case -by -case basis. 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. The Economic Development Fund includes $75 million that is available for "game changing" projects. The primary objectives of this program are to provide infrastructure improvements to spur economic development and attract new businesses to the community in order to create jobs by providing incentives that catalyze private sector investments, accelerate job creation, and attract capital investments with a strong potential to transform the local economy in ways that strengthen the economy's capacity for innovation and commercialization of scientific advancements, expand leadership in local industry clusters, such as Aviation and Aerospace, Financial and Professional Services, Homeland Security and Defense, Information Technology, Life Sciences, and International Trade and Global Commerce, and/or produce job opportunities. These industry clusters exist in the Strategic Areas (see Exhibit L attached to these Administrative Rules). This component of the Economic Development Fund is referred to as Project No. 124. No more than $15 million or less than $10 million may be allocated to any single entity or project. The Economic Development Fund also includes $15 million that is specifically available for projects in the County's designated Targeted Urban Areas to spur economic development and attract new businesses in order to create jobs. This component of the Economic Development Fund is referred to as Project No. 320. No more than $3 million from Project 320 may be allocated to any single Targeted Urban Area. Eligibility Requirements for Applicants: Notwithstanding eligibility requirements for applicants set forth in any other section of these administrative rules, the eligible applicants for the Economic Development Fund are: • Active and duly registered Florida not -for -profit 501(c)(3) corporation. Building Better Communities Administrative Rules Rev. 08/2017 8 of 27 DocuSign Envelope ID: 839193A0-2774-4F4D-ACF9-2756288B824C • Active and duly registered Florida for -profit corporation or recognized business entity. • Owner or lessee of residential or commercial property located within Miami - Dade County on which the Economic Development Fund Project will be situated. • Demonstrated financial capacity and financial commitment using other non - County sources to complete the Economic Development Fund Project. 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: Notwithstanding eligibility requirements for applicants set forth in any other section of these administrative rules, the eligible applicants for the Historic Preservation Fund are: • Active and duly registered Florida not -for -profit 501(c)(3) corporation. • Active and duly registered Florida for -profit corporation or recognized business entity. • Municipality entity or Public 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. Eligibility Requirements for Applicants: Notwithstanding eligibility requirements for applicants set forth in any other section of these administrative rules, the eligible applicants for the Not -for -Profit Community Organization Capital Fund are: Building Better Communities Administrative Rules Rev. 08/2017 9 of 27 DocuSign Envelope ID: 839193A0-2774-4F4D-ACF9-2756288B824C • 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. d) 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: Notwithstanding eligibility requirements for applicants set forth in any other section of these administrative rules, the eligible applicants for the Primary Healthcare Facilities Fund are: • 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 DETERNIINATION AND EVALUATION A) Economic Development Fund — Project 124 The County Mayor or the County Mayor's designee will review and evaluate each Funding Application Package for funding eligibility or ineligibility. The County Mayor or the County Building Better Communities Administrative Rules Rev. 08/2017 10 of 27 DocuSign Envelope ID: 839193A0-2774-4F4D-ACF9-2756288B824C Mayor's designee may consult with the following entities to assist in the review of the Funding Application Package: • Department of Housing and Community Development • Coalition of Chambers of Commerce • Task Force on Urban Revitalization • Miami -Dade Economic Advocacy Trust • Beacon Council • Greater Miami Chamber of Commerce • Dade League of Cities 1. Eligibility Requirements for Projects • Grant awards under Project 124 must be used for public infrastructure, including parking structures, public facilities and other improvements subject to certain limitations and evaluated on a case by case basis, and support economic development activities and attract new businesses having the potential to create a significant number of permanent jobs in Miami -Dade County; and • Economic development projects supported with Project 124 funds must demonstrate long-term economic benefits to Miami -Dade County in spurring future economic growth through an analysis of local economic and County fiscal impacts over a 20- year time period using a Miami -Dade County REMI model or an equivalent economic impact model widely available and professionally accepted among economists for economic and fiscal impact analysis; and • Does the project improve infrastructure for a greater area of impact that can advance economic development substantially beyond the project footprint?; and • Is the project a target industry identified in the May 2012 One Community One Goal Strategic Report or identified by the Beacon Council, from time to time?; and • Does it advance green technology or energy green industry?; and • Does it enhance or advance transit -oriented development?; and Would the project be vulnerable to sea level rise that would require adaptation strategies and, if so, would it contribute to any overall sea level rise adaptation goals established by the County? Development projects that are LEED certified will receive additional consideration in the evaluation process commensurate with the level of LEED certification in order to provide an incentive to build energy efficient facilities and reduce CO2 emissions. 2. Special Conditions Regarding Reimbursements • The grant may reimburse up to 100 percent of public infrastructure costs per project, but subject to a maximum cap of $15 million and a minimum amount of $10 million. • Actual grant funds would be disbursed on a reimbursement basis only after verified completion of the public infrastructure project upon receipt of an audited financial accounting of infrastructure development costs and subject to funding availability and compliance with federal tax laws. • Grants in excess of $5 million would be disbursed over no more than a 5 year period from the date the public infrastructure improvements are completed when taxable Building Better Communities Administrative Rules Rev. 08/2017 11 of 27 DocuSign Envelope ID: 839193A0-2774-4F4D-ACF9-2756288B824C bonds are issued to fund such public infrastructure improvements. If tax-exempt bonds are issued for the public infrastructure improvements reimbursements for such public infrastructure improvements will be disbursed over no more than a three year period from the date of the expenditure but in no case later than 18 months from the date the public infrastructure project is placed in service. • Annual benchmarks for required non -infrastructure capital investments in a Project will be established and specified in the Grant Agreement, and disbursement of grant funds would be subject to attainment of said benchmarks in accordance with IRS rules and regulations governing the issuance of tax exempt bonds. A clawback provision in the event that established benchmarks are not met subsequent to disbursement of grant funds shall be included in the Grant Agreement. The Grant Agreement shall require that the grant recipient provide collateral securing the clawback provision. The collateral may include, but shall not be limited to, any instrument such as a personal guarantee, performance bond, restrictive covenant, or any other collateral as appropriate. A prorated grant disbursement may be allowed when actual project investment falls short of benchmarks. • As a condition of the grant award for public infrastructure improvements, the grant recipient agrees as a matter of contract to the application of Section 2-11.16 of the Code on the portion of the project that is specifically tied to EDF-funded public infrastructure improvements. 3. Determination and Evaluation The County Mayor or the County Mayor's designee will review and evaluate each Funding Application Package and may recommend to the Board an award of a Funding Allocation, by submitting a resolution seeking award of grant funds, and approval of the terms of a Grant Agreement or Interlocal Agreement, as the case may be. B) Economic Development in Targeted Urban Areas Fund — Project 320 1. Eligibility Requirements for Projects • Grant awards under Project 320 must be used for public infrastructure, including parking structures, public facilities and other improvements subject to certain limitations and evaluated on a case by case basis, within the boundaries of the County's Targeted Urban Areas. • The infrastructure improvements must support economic development and attract new businesses in order to create jobs in the Targeted Urban Areas. • The project must include private sector investment and leverage public bond monies with other funding sources. • The project must create a significant number of jobs that are available to residents of a Targeted Urban Area. 2. Special Conditions Regarding Reimbursements • No more than $3 million of reimbursements can be allocated within any one Targeted Urban Area. • The grant may reimburse up to 100 percent of public infrastructure costs per project, but subject to a cap of the lesser of $3 million or the total amount of grant funding Building Better Communities Administrative Rules Rev. 08/2017 12 of 27 DocuSign Envelope ID: 839193A0-2774-4F4D-ACF9-2756288B824C available within such Targeted Urban Area. • Actual grant funds would be disbursed on a reimbursement basis only after verified completion of the public infrastructure project upon receipt of an audited financial accounting of infrastructure development costs and subject to funding availability and compliance with federal tax laws. • Grants would be disbursed over no more than a 5 year period from the date the public infrastructure improvements are completed when taxable bonds are issued to fund such public infrastructure improvements. If tax-exempt bonds are issued for the public infrastructure improvements reimbursements for such public infrastructure improvements will be disbursed over no more than a three year period from the date of the expenditure but in no case later than 18 months from the date the public infrastructure project is placed in service. • Benchmarks for required non -infrastructure capital investments in a Project will be established and specified in the Grant Agreement, and disbursement of grant funds would be subject to attainment of said benchmarks. A clawback provision in the event that established benchmarks are not met subsequent to disbursement of grant funds shall be included in the Grant Agreement. The Grant Agreement shall require that the grant recipient provide collateral securing the clawback provision. The collateral may include, but shall not be limited to, any instrument such as a personal guarantee, performance bond, restrictive covenant, or any other collateral as appropriate. A prorated grant disbursement may be allowed when actual project investment falls short of benchmarks. • As a condition of the grant award for public infrastructure improvements, the grant recipient agrees as a matter of contract to the application of Section 2-11.16 of the Code on the portion of the project that is specifically tied to EDF-funded public infrastructure improvements. 3. Determination and Evaluation The County Mayor or the County Mayor's designee will review and evaluate each Funding Application Package and may recommend to the Board an award of a Funding Allocation by submitting a resolution seeking award of grant funds and approval of the terms of a Grant Agreement or Interlocal Agreement, as the case may be. The County Mayor or the County Mayor's designee may convene a committee of members of the Task Force on Urban Economic Revitalization, community leaders and/or economic development experts to assist in the review of Project 320 grant applications. Any such entity shall adhere to protocols specified under Administrative Order No. 3-31 and Florida law. C) Determination and Evaluation of Applications for Other Funds If an Application Submission Period is established, then following closure of the Application Submission Period, the County Mayor or the County Mayor's designee will review and evaluate each Funding Application Package for funding eligibility or ineligibility. The County Mayor or the County Mayor's designee may use entities such as the following to assist him in the review and may create Project Review Committees. Building Better Communities Administrative Rules Rev. 08/2017 13 of 27 DocuSign Envelope ID: 839193A0-2774-4F4D-ACF9-2756288B824C Historic Preservation Fund • Dade Heritage Trust • Historic Preservation Board Not -for -Profit Community Organization Capital Fund • Alliance for Human Services • Dade Community Foundation Primary Healthcare Facilities Fund • Office of Countywide Health Care Planning Any such entity shall adhere to protocols specified under Administrative Order No. 3-31 and Florida law. Funding Allocations for eligible projects may be recommended to the County Mayor or the County Mayor's designee by the Project Review Committee. The County Mayor or the County Mayor's designee and the Project Review Committee may determine that a Funding Application Package be classified as: a) Ineligible. Declaration that the Project identified in a Funding Application Package is ineligible. b) Conditionally Eligible. Declaration that a Project is eligible for funding upon satisfaction of specified conditions. c) Eligible. Declaration that a Project identified in a Funding Application Package is fully eligible. Funding Application Packages determined to be Eligible or Conditionally Eligible shall be reviewed and competitively evaluated to recommend Funding Allocations. A listing of all Funding Application Packages shall be presented to the Board by the County Mayor or the County Mayor's designee in the form of a Resolution stating the eligibility determination, presenting the funding recommendations of the County Mayor or the County Mayor's designee based on the competitive evaluation and seeking approval for the award of a Funding Allocation and the disbursement of funds. In the event that an award of a Funding Allocation to a Conditionally Eligible Recipient is approved by the Board, staff shall verify that all conditions precedent have been satisfied prior to executing a Grant Agreement or an Interlocal Agreement, as the case may be. Building Better Communities Administrative Rules Rev. 08/2017 14 of 27 DocuSign Envelope ID: 839193A0-2774-4F4D-ACF9-2756288B824C 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 Cycle Allocation, the County 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 Cycle 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 Cycle Allocation and Funding Allocation line item budget (proposed use of BBC GOB funds); d) If the Recipient is a Community -Based Organization or other entity (not a Municipality or Public Agency), a letter of commitment of matching funds validly executed committing the organization to raise any additional capital funds necessary to complete the Project, and committing to provide operating, maintenance and programming funds upon completion of the Project, all as authorized and approved by the Recipient's Board of Directors or governing entity; e) If the Recipient is a Municipality or Public Agency, a letter of commitment of matching funds validly executed committing the organization to appropriate capital funds necessary to complete the Project and to provide operating, maintenance and programming funds upon completion of the Project, all as authorized and approved by the governing board of such Municipality or Public Agency; f) Certification of ownership, or evidence of lease or other use agreement for a minimum un-expired term of 25 years; g) Business plan and/or operating pro -forma, defining and identifying strategies to address the impact the Project will have on the organization's operational structure; and h) A list of consultants that will be involved in the development of the Project (e.g., Owner's project manager(s), Architecture and Engineering team, Specialty Consultants, Developers, General Contractor or Construction Manager, etc.) as they become available. B) Pre -Agreement Expenses. The incurring of Pre -Agreement Expenses by a Recipient 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 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. Building Better Communities Administrative Rules Rev. 08/2017 15 of 27 DocuSign Envelope ID: 839193A0-2774-4F4D-ACF9-2756288B824C 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. Pre -Agreement Expenses in the case of Economic Development Fund projects are limited to those Pre -Agreement Expenses incurred one (1) year prior to the application for an Economic Development Fund award. 3) The Recipient has notified the County Mayor or the County Mayor's designee 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 Mayor or the County Mayor's designee for review and approval of eligible expenses. C) Payment. Recipients are paid allocated funds subject to the following conditions: 1 BBC GOB Program Administration. Not more than one percent (1%) of the value of each Funding Allocation award may be earmarked for all costs incidental to the administration of the BBC GOB Program. 2 Timing. With the exception of eligible Pre -Agreement Expenses, 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. 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 Proj ect. In order for GOB project to effectively comply with the Sustainable Building Ordinance (Ordinance 07-65), the amount eligible for reimbursement for project soft costs will be increased from 17% to 20% to accommodate both the costs of green building design, commissioning and pre -certification services in accordance with the Sustainable Buildings Ordinance and Implementing Order 8-8. For those projects where it is not practical to attain certification, design services can be employed to implement design interventions that on the average will result in an estimated payback of up to 10 years. Typical categories of payback include, but are not limited to, energy efficiency, water efficiency, productivity and operations, and maintenance. 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 Cycle Allocation supported activities, and maintaining communications with the County Mayor or the County Mayor's designee regarding the Project. Recipients must monitor Funding Cycle Allocation supported activities to assure compliance with the Ordinance, these rules, the Grant Building Better Communities Administrative Rules Rev. 08/2017 16 of 27 DocuSign Envelope ID: 839193A0-2774-4F4D-ACF9-2756288B824C Agreement or Interlocal Agreement, as the case may be, and all applicable Federal, State and local requirements. 6) Payments to the Recipient may be withheld at any time that the Recipient fails to comply with the terms of the 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 Cycle 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 unless the Recipient fails to acquire, purchase, construct, develop and/or operate the Project for the purpose described in the Funding Application Package or is otherwise in default under the Grant Agreement or Interlocal Agreement. 7) Recipients must complete the authorized signature form (Exhibit A). 8) a. In general, payment shall be made on a reimbursement basis. A Funding Cycle Allocation Recipient may submit a Request for Advance Payment form (Exhibit B) for review and approval by the County Mayor or the County Mayor's designee. Approved Recipients may receive an advance payment no more than 180 days in advance of the allocation schedule approved by the Board, for up to 25% of the value of the Funding Allocation for the subject Project. b. However, in accordance with the guidelines reflected below, the County Mayor or the County Mayor's designee 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 decision by the County Mayor or the County Mayor's designee 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 its Funding 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 Management and Budget (OMB); • 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; and • 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 Management and Budget (OMB) and will include items such as: • Field audit determination that the Project is on -schedule including physical Building Better Communities Administrative Rules Rev. 08/2017 17 of 27 DocuSign Envelope ID: 839193A0-2774-4F4D-ACF9-2756288B824C construction; and • Follow-up field audit inspections will be performed by OMB to ensure Project completion. OMB will submit a written recommendation to the County Mayor or County Mayor's designee to approve any disbursement under these provisions. The Municipalities will be required to execute a supplemental agreement acknowledging these terms. Safeguards/Corrective Actions to be implemented by the County in case of non- compliance by a Municipality with the BBC -GOB Program Administrative Rules or if satisfactory progress is not being maintained will include: • Funding for municipal or other GOB -funded Project to be performed by the subject Municipality will be withheld; • The County will ask to be reimbursed the amount given to the Municipality as part of the Grant Agreement and/or withheld funds due to the Municipality from other County funding sources such as PTP; and • If the Municipality refuses to reimburse the County the amount due under the Grant Agreement, the County may employ all available means to recover the subject funds up to and including litigation. The aforementioned safeguards will be implemented by the County in Cases of non- compliance. All conditions shall be a part of all Interlocal Agreements with a Municipality. All existing Interlocal Agreements will be amended to include the provisions referenced above and all new Interlocal Agreements will likewise include these provisions. Any disbursement of funds under these provisions will be reported to the Board. c. All advance payments received by a Recipient shall be maintained in a separate interest bearing account and may not be commingled with other funds. All advances and interest earned must be fully accounted for. The Recipient shall submit evidence of interest earned (Exhibit C) to the County with any subsequent reimbursement request. The amount of interest earned shall be deducted from such subsequent payment to the Recipient. If at any time the amount of interest earned is greater than the reimbursement request, the Recipient shall submit payment to the county an amount equal to the interest earned less the reimbursement request. Upon the County's receipt of the payment and any required supporting documentation from the Recipient, the reimbursement request may be paid. Checks must be made payable to Miami -Dade County Board of County Commissioners and forwarded to the Office of Management and Budget. 9) Recipients must submit reimbursement/payment requests no later than quarterly. If a Recipient is unable to submit a reimbursement/payment request by the quarterly deadline, a written justification indicating the reason for the delay and expected submission date is required to be submitted by the deadline. Failure to comply with this requirement shall render the Recipient in non-compliance with the Administrative Rules and may result in reduction or forfeiture of payment, at the discretion of the County Mayor or the County Mayor's designee. Failure to submit two consecutive requests shall be deemed a forfeiture of all rights unless specifically waived by the County Mayor or the County Mayor's designee. The Recipient Building Better Communities Administrative Rules Rev. 08/2017 18 of 27 DocuSign Envelope ID: 839193A0-2774-4F4D-ACF9-2756288B824C must submit a written explanation for such delays in order to be considered for a waiver of this requirement and all such waivers shall be made at the sole discretion of the County Mayor or the County Mayor's designee. 10) Recipients shall complete, sign, and submit to the County the appropriate Reimbursement Request forms as necessary (Exhibits D through F) 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 G. 12) In accordance with State law, five percent (5%) of the value of the BBC GOB Program 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 Mayor or the County Mayor's designee 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 Cycle 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. Building Better Communities Administrative Rules Rev. 08/2017 19 of 27 DocuSign Envelope ID: 839193A0-2774-4F4D-ACF9-2756288B824C D) Acquisition Projects. Guidelines and requirements for administering Acquisition Project Funding Allocations are as follows: 1) Appraisal Required. Prior to acquisition of a Project site, a Recipient must obtain an appraisal or appraisals supporting the fair market value of the land to be acquired. Pursuant to State law, if the property is $500,000 or less in appraised value, one appraisal is required. If the property exceeds $500,000 in appraised value, two appraisals are required. 2) Amount Authorized for Payment. The amount of Funding Cycle 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, a legally incorporated 501(c)(3) not -for -profit Community - Based Organization, or an active and duly registered Florida for -profit corporation or other recognized business entity. 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, to the extent applicable. 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 Building Better Communities Administrative Rules Rev. 08/2017 20 of 27 DocuSign Envelope ID: 839193A0-2774-4F4D-ACF9-2756288B824C 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 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. Except for Projects funded by the Economic Development Fund, 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 Mayor or the County Mayor's designee 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 Building Better Communities Administrative Rules Rev. 08/2017 21 of 27 DocuSign Envelope ID: 839193A0-2774-4F4D-ACF9-2756288B824C 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 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 Mayor or the County Mayor's designee as soon as the recipient is aware of a material budget change. Building Better Communities Administrative Rules Rev. 08/2017 22 of 27 DocuSign Envelope ID: 839193A0-2774-4F4D-ACF9-2756288B824C 2) Budget adjustments may not exceed the 17% Soft Cost limitation for design, planning, and program administration, with the exception of those projects meeting the Sustainable Building Ordinance, nor exceed the Project Funding Allocation without approval of the Board. 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 Office of Management and Budget to expend these funds in an existing or new budget line item for the Project. The County Mayor or the County Mayor's designee is authorized to approve such budget changes and expenses not to exceed 15% of the total budget. G) Cost Overruns. The Recipient shall fund all 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 and the Authorizing Resolutions. 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 Building Better Communities Administrative Rules Rev. 08/2017 23 of 27 DocuSign Envelope ID: 839193A0-2774-4F4D-ACF9-2756288B824C 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 Office of Management and Budget no later than six months after the close of the Recipient's fiscal year for which a Funding Allocation was received and each year thereafter until Project completion. The audit report must include the Fund Summary Status Report, Exhibit 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 ajoint 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 the 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 that 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. Building Better Communities Administrative Rules Rev. 08/2017 24 of 27 DocuSign Envelope ID: 839193A0-2774-4F4D-ACF9-2756288B824C 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. 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 Mayor or the County Mayor's designee 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. Building Better Communities Administrative Rules Rev. 08/2017 25 of 27 DocuSign Envelope ID: 839193A0-2774-4F4D-ACF9-2756288B824C G) Any of the enforcement actions listed in paragraph F above, taken by the County Mayor or the County Mayor's designee, which are contested and unresolved between the Recipient and the County within thirty days of such action, will result in the Board providing the Recipient with an opportunity to be heard on the issue. Said hearing will occur within sixty days of the Board receiving the Recipient's written request. Staff will recommend appropriate action to the Board. H) Costs 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 Mayor or his designee 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 that 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 were 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 Mayor or the County Mayor's designee. Additional reports that shall be due upon request of the County Mayor or the County Mayor's designee may include, but are not limited to: A) Actual accomplishments of each Funding Cycle Allocation; B) Problems encountered in implementation of each Funding Cycle Allocation; and C) Anticipated start and/or completion dates of each Funding Cycle Allocation. Recipient may be required to meet with the Board to discuss the Project. Building Better Communities Administrative Rules Rev. 08/2017 26 of 27 DocuSign Envelope ID: 839193A0-2774-4F4D-ACF9-2756288B824C 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, the Grant Agreement or Interlocal Agreement, as the case may be, and these rules; and 5) Audit rights set forth in these rules. C) Any amounts paid to Recipient in excess of the amount to which 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 Mayor or the County Mayor's designee 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 Mayor or the County Mayor's designee shall submit recommendations amending these administrative rules to the Board, which may approve or reject such recommendations by majority vote. The County Mayor or the County Mayor's designee 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. 08/2017 27 of 27 DocuSign Envelope ID: 839193A0-2774-4F4D-ACF9-2756288B824C Exhibit A OFFICE OF MANAGEMENT AND BUDGET 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 authorizations are retained by the Office of Management and Budget for auditing purposes. Entities are required to submit updates to this list as they become necessary. * I authorize the individuals named below to represent the organization to complete the respective tasks listed herein. Name (please type or print) Title (please type or print) Signature Name (please type or print) Title (please type or print) Signature Contracts & Amendments Requests for Scope Changes Requests for Budget Revisions Requests for Advances & Reimbursements/Completion Certificate Please submit this form with or before your first request for an advance or reimbursement. Building Better Communities Rev. 4/08 DocuSign Envelope ID: 839193A0-2774-4F4D-ACF9-2756288B824C 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 EXHIBIT B Office of Management and Budget Request for Advance Payment I hereby certify that this request is in compliance with the Office of Management and Budget's Building Better Communities Bond Program Administrative Rules, Article 111 Section 1 C(8) governing the request for advance payments. I also certify that this advance shall be maintained in a separate 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. 1 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 Amount Approved Authorized Signature Date DocuSign Envelope ID: 839193A0-2774-4F4D-ACF9-2756288B824C EXHIBIT C Office of Management and Budget Report of Interest Earned on Advance This form must be submitted with copies of bank statements or certified financial reports from the Grantee and amount of deposit, interest rates and total interest earned as of the that verify the account number, date date of this report. Grantee I Bond Series & Other I GOB Project Name I 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 Communittiibits - Administrative Rules Rev. 07.15.21 DocuSign Envelope ID: 839193A0-2774-4F4D-ACF9-2756288B824C Exhibit D PLEASE SUBMIT THIS FORM ON ORGANIZATION/MUNICIPALITY LETTERHEAD GOB Reimbursement Request # Date: Office of Management and Budget Attn: Mary Gonzalez-Bruzzo, Senior Business Analyst 111 NW 1st Street, Suite 2210 Miami, Florida 33128 Attached please find the required reimbursement forms requesting payment in the amoi $54,750.00 minus 5% retainage for the following: GOB Project Name & GOB Project Number Amount Insert Project Name: Insert Project Number: $52,022.50 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 DocuSign Envelope ID: 839193A0-2774-4F4D-ACF9-2756288B824C Office of Capital Improvements Reimbursement Request - GOB Funding EXHIBIT E Grantee: GOB Project Name & GOB Project Number: Bond Series / Other: Request Number: Date: REIMBURSEMENT INFORMATION (000's) (A) (B) (C) ((B+C) = D) (A-D) (D/A) Series 2005 GOB Milestones Series 2005 Allocation Total Prior Requests Current Request Total Requests Series 2005 Allocation Balance % of Series 2005 Allocation Spent 0 0 RETAI NAGE GRAND TOTAL SIGNATURE & TITLE DATE Note: A more detailed version of this form may be used. Building Better Communities Page 1 of 2 DocuSign Envelope ID: 839193A0-2774-4F4D-ACF9-2756288B824C Office of Management and Budget Reimbursement Request Project Status EXHIBIT E(2) Grantee: Insert Grantee Name GOB Project Name: Insert Project Name GOB Project Number: Insert Project Number Bond Series / Other: Draw Down Request Number: Insert Reim. Request # Date: 1/31/2021 SCHEDULE Cost Percentage of Work, Funds, and Time Completed (A) (B) (C) (D) (E) (F) * (G) ((F/E) = H) ((D/C) = G) Milestones Start Date Finish Date Duration In Days Time Lapsed Total Milestone Budget Actual Spent %of Work Completed Based on Actual Progress % of Total Project Budget Spent % of Time Lapsed Admin or Design 1/1/2021 1/31/2021 30 0 100,000 24,750 0% 25% 0% Construction 1/2/2021 1/31/2021 29 0 1,000,000 250,000 0% 25% 0% GRAND TOTAL 59 0 1,100,000 274,750 25% 0% Current Project Status Description is subjective. SIGNATURE & TITLE * Column G is an estimate of the work completed and DATE DocuSign Envelope ID: 839193A0-2774-4F4D-ACF9-2756288B824C Office of Capital Improvements SUMMARY OF INVOICES Reimbursement Request - GOB Funding EXHIBIT E(3) Grantee: GOB Project Name: GOB Project Number: Bond Series I Other: Request Number: Date: REIMBURSEMENT REQUEST INFORMATION Invoice Date Invoice Number Invoice Amount Contractor Name Milestone Request Entity Check Number Entity Check Date Entity Check Amount Entity Payment Amount GOB Payment Amount TOTAL 0.00 0.00 0 RETAINAGE 5% 0 REFUND AMOUNT TOTAL 0 Sign: Date: Name: Title: DocuSign Envelope ID: 839193A0-2774-4F4D-ACF9-2756288B824C Office of Management and Budget Grantee Direct Labor Costs Report EXHIBIT F Grantee: GOB Project Name: GOB Project Number: Bond Series / Other: Request Number: Billing Period: Budget Line Item Employee Name Job Classification # of Hours Hourly Rate Total Labor Cost Planning Total Planning Request Design Total Design Request Administration Total Administration Request Construction/Other Total Construction / Other Request Grand Totals AUTHORIZED SIGNATURE DATE DocuSign Envelope ID: 839193A0-2774-4F4D-ACF9-2756288B824C Office of Management and Budget Fixtures, Furniture and Equipment (See Article 111, Section 1 (C)11 of the Administrative Rules) EXHIBIT G Grantee: GOB Project Name & GOB Project Number: Bond Series / Other: Request Number: Billing Period: Vendor FF&E Item QTY Amount AUTHORIZED SIGNATURE & TITLE DATE DocuSign Envelope ID: 839193A0-2774-4F4D-ACF9-2756288B824C EXHIBIT H Office of Management and Budget Project Completion Certificate 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 with the contractual agreement County dated referenced Building Better Communities Bond Program project was completed in accordance between and Miami -Dade 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 OMB Construction Manager Date Final Payment Approval Amount of Final Payment OMB Fiscal Administrator Date DocuSign Envelope ID: 839193A0-2774-4F4D-ACF9-2756288B824C EXHIBIT I Office of Management and Budget Project Completion Certificate Date Entity Name Entity Vendor Number (Federal ID Number) Bond Series / Other GOB Project Name & GOB Project # Amount of Final Request Certification 1 hereby certify that the above referenced Building Better Communities Bond Program project was completed in accordance with the contractual agreement between and Miami -Dade County dated and that all expended funds were used in accordance with the Agreement and the Rules. AUTHORIZED SIGNATURE DATE Administrative Use Only Final Site Review Date of Final Site Visit OMB Contracts Officer Date Final Payment Approval Amount of Final Payment OMB Fiscal Administrator Date DocuSign Envelope ID: 839193A0-2774-4F4D-ACF9-2756288B824C EXHIBIT J Office of Management and Budget Grantee: GOB Project Name & GOB Protect Number: Fund Summary Status Report Bond Series / Other: Fiscal Year Ending: Date: Milestones Land/Bldg. Acquisition Year End Fund Status Planning, Design & Admin Year End Fund Status Construction Phase Year End Fund Status Total Actual Expenditures as of: Total Reimbursements Received as of: Total Pending Reimbursements as of: Total Actual Expenditures as of: Total Reimbursements Received as of: Total Pending Reimbursements as of: Total Actual Expenditures as of: Total Reimbursements Received as of: Total Pending Reimbursements as of: GRANTEE AUTHORIZED SIGNATURE Date Auditor's Certification I have obtained the Rules and related policies and procedures (Administrative Rules, Ordinances, Resolutions) and have performed the substantive tests deemed necessary to determine compliance with established 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 DocuSign Envelope ID: 839193A0-2774-4F4D-ACF9-2756288B824C EXHIBIT K Office of Capital Improvements Bank Account Disclosure Form Bond Series A Grantee: GOB Project Name: GOB Project Number: Name Of Bank In Which Grant Funds Will Be Deposited: Account Number: Person(s) Authorized To Withdraw Funds Or To Write Checks: Name: Name: Name: Title: Title: Title: AUTHORIZED SIGNATURE & TITLE Print Name DATE DocuSign Envelope ID: 839193A0-2774-4F4D-ACF9-2756288B824C https://www.miamidade.gov/business/library/maps/economic-development-fund-strategic-; DocuSign Envelope ID: 839193A0-2774-4F4D-ACF9-2756288B824C areas.pdf DocuSign Envelope ID: 839193A0-2774-4F4D-ACF9-2756288B824C BUILDING BETTER COMMUNITIES INTERLOCAL AGREEMENT BETWEEN THE CITY OF MIAMI, FLORIDA AND MIAMI-DADE COUNTY Gold Star Family Memorial Mini Park Project Number 82-3004876 CITY OF MIAMI SIGNATURE PAGE CITY OF MIAMI, a Florida Municipal Corporation DocuSigned by: LV:(A/EL A 33ACAB4g&i,4 .. Hector Badia, Interim Director Office of Capital Improvements ,—DocuSigned by: Ar•i None , -saeFCC3725o42 .. Arthur Noriega V, City Manager - DS Date November 22, 2022 1 10:26:12 EST Date November 28, 2022 1 11:27:21 EST Attest: ,—DocuSigned by: '—E1.1D7S,0P" 44 g... November 23, 2022 1 08:03:41 EST November 28, 2022 1 20:46:31 EST Todd Hannon, City Clerk Date Approved as to Form and Correctness: DocuSigned by: 7,Leto—vd(_ _nQ F-0 EF944F4 FE(?47... Victoria Mendez, City Attorne (20-2801 / JTM) November 22, 2022 1 16:03:28 EST Date November 22, 2022 1 12:14:17 EST Approved as to Insurance Requirements ,—DocuSigned by: Ann -Marie Sharpe, Risk Management Director November 22, 2022 1 10:37:14 EST Date DocuSign Envelope ID: 839193A0-2774-4F4 :A_C19,2 8,6288B824C^ TY COMMISSION, WITH ATTACHMENT(S), ACCEPTING, ALLOCATING, BUDG... Miami FL Resolution R-21-0304 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING, ALLOCATING, BUDGETING, AND APPROPRIATING REIMBURSEMENT GRANT FUNDS FROM THE MIAMI-DADE COUNTY ("COUNTY") BUILDING BETTER COMMUNITIES GENERAL OBLIGATION BONDS IN AN AMOUNT NOT TO EXCEED ONE HUNDRED FIFTY THOUSAND DOLLARS ($150,000.00) ("REIMBURSEMENT GRANT FUNDS") FOR THE GOLD STAR FAMILY MEMORIAL MINI PARK LOCATED AT 2300 SOUTHWEST 22ND TERRACE IN THE CITY OF MIAMI ("CITY"), CITY PROJECT NO. 40-B193522, COUNTY PROJECT NO. 82 ("PROJECT"); FURTHER AUTHORIZING THE CITY'S REQUIRED MATCH IN AN AMOUNT NOT TO EXCEED THREE HUNDRED TWELVE THOUSAND TWO -HUNDRED FIFTY DOLLARS ($312,250.00) ("CITY MATCH") AND INCLUSION OF THE REIMBURSEMENT GRANT FUNDS AND THE CITY MATCH IN THE CITY'S CAPITAL PLAN; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AN INTERLOCAL AGREEMENT WITH THE COUNTY FOR THE REIMBURSEMENT GRANT ("AGREEMENT"); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL RENEWALS, EXTENSIONS, MODIFICATIONS, AND AMENDMENTS TO THE AGREEMENT, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. Information Department: Office of Capital Sponsors: Commissioner, District Improvements Four Manolo Reyes Category: Other Attachments Agenda Summary and Legislation 9238 Exhibit 9238 Back -Up Documents Financial Impact CIP Project No: 40-B193522 Body/Legislation VVHEREAS, on July 20, 2004, the Board of County Commissioners of Miami -Dade County ("County 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 Two Billion Nine Hundred Twenty -Six Million Dollars ($2,926,000,000.00) in general obligation bonds for capital projects and; VVHEREAS, on November 2, 2004, the County Board approved the bond program ("BBC GOB Program"); and VVHEREAS, the aforementioned Resolutions include specific County -wide 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 miamifl.igm2.com/Citizens/Detail_LegiFile.aspx?I D=9238&highlightTerms=21-0304&Print=Yes 1/3 DocuSign Envelope ID: 839193A0-2774-4F4DvACF9,7562 288B824C^ TY COMMISSION, WITH ATTACHMENT(S), ACCEPTING, ALLOCATING, BUDG... WHEREAS, the Gold Star Family Memorial Mini Park (formally known as Silver Bluff Park) ("Park") project, which is City of Miami ("City") Project No. 40-B193522 and Miami -Dade County ("County") Project No. 82 ("Project"), is eligible for County funding from the BBC GOB Program in a total amount not to exceed One Hundred Fifty Thousand Dollars ($150,000.00); and WHEREAS, the City is undertaking the Project for completion of improvements to the Park located at 2300 Southwest 22nd Terrace, within the City, which consists of installing shaded benches, drinking fountains, bike racks, a playground, and landscaping, which was specifically approved by the County as part of the BBC GOB Program and has been approved for funding in Fiscal Year 2020-2021, provided funds are available, and is described more specifically in Exhibit 1 to the Interlocal Agreement ("Agreement"), attached and incorporated as Exhibit "A"; and WHEREAS, the Project as a whole is estimated to cost Four Hundred Sixty -Two Thousand Two Hundred Fifty Dollars ($462,250.00) and will be funded from the sources listed in Exhibit 1 to the Agreement; provided, however, that the County's obligation to fund the Project is fully subject to and contingent upon the availability of BBC GOB Program proceeds; and WHEREAS, pursuant to the proposed terms of the Agreement, the County has agreed to fund One Hundred Fifty Thousand Dollars ($150,000.00) in Fiscal Year 2020-2021 from the BBC GOB Program funds for the Project ("Funding Cycle Allocation"), fully subject to and contingent upon the conditions to be set forth in the Agreement and in particular, the County's approval and issuance of BBC GOB Program bonds or the draw - down bonds ("Funds"), the approval by the County Board to fund the Project from the Funds, the approval of the City Commission for the Project, and the availability of the County Funds; and WHEREAS, the County Board has previously authorized its representatives to negotiate, execute, and enter into the Agreement; and WHEREAS, the County's GOB Program Reimbursement Grant Funds to the City are also contingent upon a City match in an amount not to exceed Three Hundred Twelve Thousand Two -Hundred Fifty Dollars ($312,250.00) ("City Match") for the Project; and WHEREAS, it is in the best interest of the City for the City Commission to accept, allocate, budget, and appropriate the Reimbursement Grant Funds and to authorize the City Match, both to be included in the City's Capital Plan; and WHEREAS, it is also in the best interest of the City for the City Commission to authorize the City Manager to negotiate, execute, and enter into the Agreement, in a form acceptable to the City Attorney, for each Funding Cycle Allocation and for the City and the County to describe their respective roles in the funding for the Project with respect to such Funding Cycle Allocation; and WHEREAS, it is further in the best interest of the City for the City Commission to authorize the City Manager to negotiate and execute any and all renewals, extension, modifications, and amendments to the Agreement, all in forms acceptable to the City Attorney, for said purpose for the Project; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as fully set forth in this Section. Section 2. Reimbursement Grant Funds in an amount not to exceed One Hundred Fifty Thousand Dollars ($150,000.00) consisting of funds from the County's BBC GOB for the Project are accepted, allocated, budgeted, and appropriated for the Project. Section 3. The required City Match in an amount not to exceed Three Hundred Twelve Thousand Two - Hundred Fifty Dollars ($312,250.00) is authorized for both the Reimbursement Grant Funds and the City Match to be included in the City's Capital Plan. Section 4. The City Manager is authorized to negotiate and execute the Agreement, in a form acceptable to the City Attorney, for said purpose. miamifl.igm2.com/Citizens/Detail_LegiFile.aspx?I D=9238&highlightTerms=21-0304&Print=Yes 2/3 DocuSign Envelope ID: 839193A0-2774-4F4DvACF9,2 8,6288B824C^ TY COMMISSION, WITH ATTACHMENT(S), ACCEPTING, ALLOCATING, BUDG... Section 5. The City Manager is further authorized"' to negotiate and execute any and all renewals, extensions, modifications, and amendments, all in forms acceptable to the City Attorney, for said purpose. Section 6. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. [1] The herein authorization is further subject to compliance with all legal requirements that may be imposed, including but not limited to those prescribed by applicable City Charter and City Code provisions. [2] If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. Meeting History Jul 22, 2021 9:00 AM City Commission City Commission Meeting RESULT: ADOPTED [UNANIMOUS] MOVER: Joe Carollo, Commissioner, District Three SECONDER: Manolo Reyes, Commissioner, District Four AYES: Ken Russell, Joe Carollo, Manolo Reyes, Jeffrey Watson ABSENT: Alex Diaz de la Portilla Select Language v Powered by a Translate Draft miamifl.igm2.com/Citizens/Detail_LegiFile.aspx?I D=9238&highlightTerms=21-0304&Print=Yes 3/3 DocuSign Envelope ID: 839193A0-2774-4F4D-ACF9-2756288B824C �+aaa+►ter.. . err: CLERK OF THE BOARD OF COUNTY COMMISSIONERS MI I-DADE COUNTY, FLORIDA MEMORANDUM Agenda Item No. 5(B) TO: Honorable Chairwoman Audrey M. Edmonson DATE: January 22, 2020 and Members, Board of County Commissioners FROM: Abigail Price -Williams County Attorney Resolution No. R-18-20 SUBJECT: Resolution approving, after a public hearing, a significant modification of Building Better Communities General Obligation Bond ("Bond") Program Project No. 82 — "Miami — Parks and Facility Improvements" contained in Appendix A to Resolution No. R-913-04 to reduce its allocation by $500,000.00 and to modify its project description; waiving the provisions of Implementing Order 3-47 regarding the addition of new projects to the Bond Program using surplus funds; approving, after a public hearing, the addition of a new project titled Bond Program Project No. 367 — "District 5 Green Areas" with an allocation of $500,000.00 of surplus funds to Appendix A to Resolution No. R-913-04; and further approving allocations of bond program funds from Project No. 82 The accompanying resolution was prepared and placed on the agenda at the request of Prime Sponsor Commissioner Eileen Higgins. • Abf t e-Williams County A +mey APW/smm DocuSign Envelope ID: 839193A0-2774-4F4D-ACF9-2756288B824C MEMORANDUM (Revised) TO: Honorable Chairwoman Audrey M. Edmonson and Members, Board of County Commissioners FRO igail Price -Williams" unty Attorney DATE: January 22, 2020 SUBJECT: Agenda Item No. 5(B) Please note any items checked. "3-Day Rule" for committees applicable if raised 6 weeks required between first reading and public hearing 4 weeks notification to municipal officials required prior to public hearing Decreases revenues or increases expenditures without balancing budget Budget required Statement of fiscal impact required Statement of social equity required Ordinance creating a new board requires detailed County Mayor's report for public hearing No committee review Applicable legislation requires more than a majority vote (i.e., 2/3's present , 2/3 membership ; 3/5's , unanimous , CDMP 7 vote requirement per 2-116.1(3)(h) or (4)(c) , CDMP 2/3 vote requirement per 2-116.1(3)(h) or (4)(c) , or CDMP 9 vote requirement per 2-1161(4)(c)(2) ) to approve Current information regarding funding source, index code and available balance, and available capacity (if debt is contemplated) required DocuSign Envelope ID: 839193A0-2774-4F4D-ACF9-2756288B824C Approved Mayor Agenda Item No. 5(B) Veto 1-22-20 Override RESOLUTION NO. R-18-20 RESOLUTION APPROVING, AFTER A PUBLIC HEARING, A SIGNIFICANT MODIFICATION OF BUILDING BETTER COMMUNITIES GENERAL OBLIGATION BOND ("BOND") PROGRAM PROJECT NO. 82 — "MIAMI — PARKS AND FACILITY IMPROVEMENTS" CONTAINED IN APPENDIX A TO RESOLUTION NO. R-913-04 TO REDUCE ITS ALLOCATION BY $500,000.00 AND TO MODIFY ITS PROJECT DESCRIPTION; WAIVING THE PROVISIONS OF IMPLEMENTING ORDER 3-47 REGARDING THE ADDITION OF NEW PROJECTS TO THE BOND PROGRAM USING SURPLUS FUNDS; APPROVING, AFTER A PUBLIC HEARING, THE ADDITION OF A NEW PROJECT TITLED BOND PROGRAM PROJECT NO. 367 — "DISTRICT 5 GREEN AREAS" WITH AN ALLOCATION OF $500,000.00 OF SURPLUS FUNDS TO APPENDIX A TO RESOLUTION NO. R-913-04; AND FURTHER APPROVING ALLOCATIONS OF BOND PROGRAM FUNDS FROM PROJECT NO. 82 WHEREAS, pursuant to Resolution No. R-913-04 ("Parks Resolution"), the voters of Miami -Dade County approved the issuance of general obligation bonds to be used to construct and improve neighborhood and regional parks and other recreational areas to include athletic fields and gymnasiums, courts, pools, playgrounds, marinas, restore beaches, and the preservation of endangered lands; and WHEREAS, Appendix A to the Parks Resolution lists projects eligible for funding from the Building Better Communities General Obligation Bond Program (the "Bond Program") by project number, municipal project location, Commission district, project name, project description, street address and allocation; and DocuSign Envelope ID: 839193A0-2774-4F4D-ACF9-2756288B824C Agenda Item No. 5(B) Page No. 2 WHEREAS, one of the original projects listed in Appendix A to the Parks Resolution is Bond Program Project No. 82 — "Miami — Parks and Facility Improvements", with a municipal project location of Miami, located within Commission Districts 3, 5, 6 and 7, a project description that provides "Provide the following: Grapeland Water Park, Little Haiti Soccer Park, Linear Parks/Greenways/Baywalk," and an original allocation of $26,761,000.00 ("Project No. 82"); and WHEREAS, to date, $25,800,000.00 from Project No. 82 has been spent on municipal projects within the City of Miami (the Grapeland Water Park improvements and the Little Haiti Soccer Park) and $961,000.00 remains unspent from the original Project No. 82 allocation; and WHEREAS, in addition to the list of parks and amenities listed within the project description of Project No. 82, County residents would benefit from the ability to have funds from Project No. 82 devoted to additional City projects and to County projects within the City of Miami that improve the recreational opportunities for residents and visitors alike; and WHEREAS, therefore, this Board desires to approve a significant modification to Project No. 82 to change the project description to the following: "Provide the following: Grapeland Water Park, Little Haiti Soccer Park, Linear Parks/Greenways/Baywalk, and Neighborhood Activity Areas" and to reduce its allocation by $500,000.00 for a new total project allocation of $26,261,000.00; and WHEREAS, further, this Board desires to approve two specific allocations of funds from Project No. 82 for Neighborhood Activity Areas within and owned by the City of Miami; and WHEREAS, first, the Board desires to approve an allocation from Project No. 82 of $300,000.00 to the City of Miami to be used at City -owned property located at 2201 SW 26th Street and adjacent green areas and at City -owned property located at 2300 SW 22nd Terrace, which will consist of a neighborhood activity area at each location and which may include shaded benches, DocuSign Envelope ID: 839193A0-2774-4F4D-ACF9-2756288B824C Agenda Item No. 5(B) Page No. 3 trash receptacles, drinking fountains, dog waste stations, bike racks, recreation lawn, playground, landscaping, and gated dog play areas ("Neighborhood Activity Area"), subject to the approval of the City's Public Works Department and the County's Department of Transportation and Public Works as to the reconfiguration and relocation of the roadways and swales; and WHEREAS, second, the Board desires to approve an allocation from Project No. 82 of $161,000.00 to the City of Miami to be used at Triangle Park located at 420 SW 1 Street, Miami, Florida which will consist of a Neighborhood Activity Area; and WHEREAS, in order to provide additional opportunities for leisure and green space within the City of Miami, this Board desires to approve the addition of a new Project No. 367 — "District 5 Green Areas" to Appendix A to the Parks Resolution to be funded with the $500,000.00 of surplus funds from Project No. 82; and WHEREAS, the new Project No. 367 shall have a municipal project location of Miami, Commission District 5, located at 225 NE First Street, Miami, FL under the First Street Metromover Station, a project allocation of $500,000.00 and a project description as follows: "Construct and improve the property with a neighborhood activity area which may include shaded benches, trash receptacles, drinking fountains, dog waste stations, bike racks, recreation lawn, playground, landscaping, and gated dog play areas"; and WHEREAS, Implementing Order 3-47 ("10 3-47") sets forth a process for the allocation of surplus funds to existing and new Bond Program projects and this Board desires to waive the provisions of IO 3-47 as it pertains to the addition of new projects to be funded to the Bond Program using surplus funds in order to fund new Project No. 367; and WHEREAS, this item was presented to the Bond Program Citizens' Advisory Committee on November 8, 2019, and received a favorable recommendation, DocuSign Envelope ID: 839193A0-2774-4F4D-ACF9-2756288B824C Agenda Item No. 5(B) Page No. 4 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board: Section 1. Incorporates, by this reference, the foregoing recital clauses and adopts same. Section 2. Approves, after a public hearing: (a) a significant modification of Project No. 82 to change the project description to the following: "Provide the following: Grapeland Water Park, Little Haiti Soccer Park, Linear Parks/Greenways/Baywalk, and Neighborhood Activity Areas" and to reduce its allocation by $500,000.00 for a new total project allocation of $26,261,000.00; and (b) the addition of new Project No. 367 - "District 5 Green Areas" using the $500,000.00 of surplus funds from Project No. 82. New Project No. 367 shall have a municipal project location of Miami, Commission District 5, located at 225 NE First Street, Miami, FL under the First Street Metromover Station, a project allocation of $500,000.00 and a project description as follows: "Construct and improve the property with a neighborhood activity area which may include shaded benches, trash receptacles, drinking fountains, dog waste stations, bike racks, recreation lawn, playground, landscaping, and gated dog play areas." Section 3. Waives the provisions of TO 3-47 as it relates to adding new projects to the Bond Program using surplus funds. Section 4. Approves: (a) the allocation of $300,000.00 of funds from Project No. 82 to the City of Miami to be used to fund a Neighborhood Activity Area located at 2201 SW 26th Street and adjacent green areas and at City -owned property located at 2300 SW 22nd Terrace; and (b) the allocation of $161,000.00 from Project No. 82 to the City of Miami to be used to fund a Neighborhood Activity Area at Triangle Park located at 420 SW 11th Street, Miami, Florida. DocuSign Envelope ID: 839193A0-2774-4F4D-ACF9-2756288B824C Agenda Item No. 5(B) Page No. 5 The Prime Sponsor of the foregoing resolution is Commissioner Eileen Higgins. It was offered by Commissioner Jose "Pepe" Diaz , who moved its adoption. The motion was seconded by Commissioner Rebeca Sosa and upon being put to a vote, the vote was as follows: Audrey M. Edmonson, Chairwoman aye Rebeca Sosa, Vice Chairwoman aye Esteban L. Bovo, Jr. aye Daniella Levine Cava aye Jose "Pepe" Diaz aye Sally A. Heyman absent Eileen Higgins aye Barbara J. Jordan aye Joe A. Martinez aye Jean Monestime aye Dennis C. Moss aye Sen. Javier D. Souto aye Xavier L. Suarez absent The Chairperson thereupon declared this resolution duly passed and adopted this 22nd day of January, 2020. This resolution shall become effective upon the earlier of (1) 10 days after the date of its adoption unless vetoed by the County Mayor, and if vetoed, shall become effective only upon an override by this Board, or (2) approval by the County Mayor of this resolution and the filing of this approval with the Clerk of the Board. MIAMI-DADE COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS HARVEY RUVIN, CLERK Linda L. Cave By: Deputy Clerk Approved by County Attorney as to form and legal sufficiency. Monica Rizo Perez Olivera, Rosemary From: Bastidas, Carolina Sent: Wednesday, August 23, 2023 2:41 PM To: Hannon, Todd; Lee, Denise; Olivera, Rosemary Cc: McKinnon, Charles Subject: Executed MDC-GOB ILA for Gold Star Memorial Park_B193522 Attachments: Executed MDC-GOB ILA_Gold Star _B193522.pdf Good Afternoon, Please find attached a fully executed copy of an agreement from DocuSign that is to be considered an original agreement for your records. Thank you MIAMII AJ11.157NG F'uLMi FOREvE; Carolina Bastidas Administrator -Consultant City of Miami Office of Capital Improvements 444 SW 2nd Avenue, 8t" Floor Miami, Florida 33130 Office: (305) 416-1018 Email: cbastidas@miamigov.com i