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RESOLUTION AMENDING RESOLUTION NO. R-855-08 RELATING TO GRANT FROM BUILDING BETTER COMMUNITIES GENERAL OBLIGATION BOND PROGRAM PROJECT NO. 305 � �PRIMARY HEALTH CARE FACILITIES� TO CAMILLUS HEALTH CONCERN, INC. TO PROVIDE FOR LOCAL GOVERNMENT AGENCY MATCH UPON SATISFACTION OF CONDITIONS PRECEDENT; WAIVING BUILDING BETTER COMMUNITIES GENERAL OBLIGATION BOND PROGRAM�S ADMINISTRATIVE RULES WITH RESPECT TO LOCAL GOVERNMENT AGENCY MATCH; AND APPROVING TERMS OF, AND AUTHORIZING COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO EXECUTE, ESCROW DEPOSIT AGREEMENT, FUNDING AGREEMENT, AND LETTER AGREEMENT WITH REGARD TO LOCAL GOVERNMENT AGENCY MATCH, EXERCISE ANY AND ALL CANCELLATION AND TERMINATION PROVISIONS CONTAINED THEREIN, AND DO ALL THINGS NECESSARY TO EFFECTUATE THE FOREGOING

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WHEREAS, pursuant to Resolution No. R-916-04 (the �Healthcare Facility Resolution�), the voters approved the issuance of general obligation bonds in a principal amount not to exceed $171,281,000 to construct and improve, among other things, emergency healthcare facilities to promote accessibility to quality healthcare services; and
WHEREAS, Appendix A to the Healthcare Facility Resolution lists projects eligible for funding from the Building Better Communities General Obligation Bond Program (the �Bond Program�) by project number, municipal project location, County Commission district, project name, project description, street address and project funding allocation; and
WHEREAS, one of the projects listed in Appendix A to the Healthcare Facility Resolution and approved by the voters for funding is Project No. 305 � �Primary Health Care Facilities� (�Project No. 305�) with an original allocation equal to $25 million and a project description that states: �[i]ncrease the number of health care facilities in our community�; and
WHEREAS, pursuant to Resolution No. R-855-08 this Board previously allocated $600,000 from Project No. 305 to Camillus Health Concern, Inc., a Florida nonprofit corporation (�Camillus�), to be used to expand existing clinical space in District 3, which would serve residents Countywide (the �$600,000 Camillus Allocation�); and
WHEREAS, currently Camillus offers services to the homeless and poor in Miami-Dade County from its existing facility at the Greer Building located in District 3 at 336 NW 5th Street, Miami, Florida 33128 (the �Clinic�); and
WHEREAS, Camillus� clinical practice and administrative offices are currently located at the first two floors of the Clinic; and
WHEREAS, the Clinic is currently comprised of nine (9) exam rooms, 2,214 square feet of clinical space, including exam rooms, dental and other clinical space, and 440 square feet of behavioral health services space; and
WHEREAS, Camillus proposes to renovate all three floors of the Greer Building to expand its clinical and administrative operations such that upon completion the Clinic will be comprised of 16,800 square feet of clinical and administrative space and a projected total project cost of $1,388,650; and
WHEREAS, in order to raise additional funds to expand and renovate the Clinic, Camillus anticipates submitting a low income pool application to the State of Florida (the �State�) for the award of a Low Income Pool grant (the �State Grant�) and receipt of Low Income Pool grant funds (�Low Income Pool Grant Funds�), a copy of which is attached as Exhibit �A� (the �Grant Application�); and
WHEREAS, the Grant Application requests $1,000,000 of Low Income Pool Grant Funds (including $211,350 of local match funds, $211,350 of State match funds, and $577,300 of Federal Medicaid funds), at least $211,350 of which would be directed to fund capital improvements at the Clinic; and
WHEREAS, the Clinic project will consist of renovations of all three floors of the Greer Building, including specifically the following: the expansion of the dental suite: renovations to upgrade six existing exam rooms on the first floor and two existing exam rooms on the second floor; the addition of a new exam room of the first floor; the expansion of the laboratory on the first floor; relocation of the podiatry section; conversion of six offices on the second floor to a triage room, a new laboratory, a new dispensary and three new exam rooms; and the conversion of office space to disposition; and
WHEREAS, the proposed renovations to the Clinic will increase primary care space by approximately 1,492 square feet, thereby expanding access to and capacity of healthcare services for the homeless and poor in Miami-Dade County; and
WHEREAS, Low Income Pool Grant Funds require a local government agency match; and
WHEREAS, Bond Program bond proceeds may be used as the local government agency match, provided that such proceeds are used by the State to fund eligible capital expenses for a project that serves to increase the number of health care facilities in our community, including for the contemplated expansion of clinical capacity at the Clinic as detailed in the Funding Agreement by and between the County and Camillus in substantially the form attached hereto as Exhibit �B� and incorporated herein by reference (the �Funding Agreement�); and
WHEREAS, the State�s allocation from Low Income Pool Grant Funds for capital improvements at the Clinic requires a local government agency match by Miami-Dade County equal to $211,350 (the �$211,350 Local Match�) which may be funded from the $600,000 Camillus Allocation; and
WHEREAS, it is the Board�s desire to provide the local government agency match to the State for the purpose of funding the proposed expansion of clinical capacity at the Clinic and yet preserve the application of all of the Bond Program�s Administrative Rules that are applicable to the Clinic project; and
WHEREAS, the Board adopted Resolution No. R-501-11 wherein it approved a similar transaction, including the waiver of the Bond Program�s Administrative Rules, for the funding of renovations to the Borinquen main clinic; and
WHEREAS, although the State will be the recipient of the $211,350 Local Match in the form of a grant, Camillus has agreed, among other things, to comply with all of the Bond Program�s Administrative Rules applicable to the Clinic project as if Camillus was the direct recipient of the $211,350 Local Match; and
WHEREAS, if the State does not award the State Grant to Camillus, Camillus proposes to instead use the $600,000 Camillus Allocation to construct the Clinic project; and
WHEREAS, accordingly, the Board wishes to amend Resolution No. R-855-08 to: (1) reduce the $600,000 Camillus Allocation by $211,350 and allocate and remit such funds to the State as the $211,350 Local Match, subject to satisfaction of certain conditions precedent; (2) waive the Bond Program�s Administrative Rules as they pertain to the $211,350 Local Match; and (3) subject to satisfaction of certain conditions precedent, approve the terms of and authorize the County Mayor or the County Mayor�s designee to execute the necessary agreements to effectuate the $211,350 Local Match while still preserving the application of all of the Bond Program�s Administrative Rules applicable to the New Clinic project with respect to Camillus,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that:
Section 1. The foregoing recitals are incorporated in this resolution and are approved.
Section 2. This Board hereby amends Resolution No. R-855-08 to reduce the $600,000 Camillus Allocation by $211,350, allocate such funds to the State as the $211,350 Local Match, and remit the $211,350 Local Match to the State as a grant to be used as a local government agency match for the State Grant, subject to use of such funds by the State to fund eligible capital expenses as more particularly described in the Letter Agreement by and between the County and the State in substantially the form attached to this resolution as Exhibit �C� and incorporated herein by this reference (the �Letter Agreement�); provided, however, the amendment to Resolution No. R-855-08 set forth in this section shall become effective only upon the satisfaction of all of the following conditions no later than October 10, 2012: (a) receipt by the County of evidence of the State�s award of the State Grant to Camillus for the purposes set forth in the Grant Application; (b) receipt by the County of evidence that Camillus has site control for the Clinic location as required by the Bond Program�s Administrative Rules; and (c) proper execution by all parties other than the County of an Escrow Deposit Agreement by and among the County, Camillus and Bank of America, National Association, in substantially the form attached hereto as Exhibit �D� and incorporated herein by this reference (the �Escrow Agreement�) and the Funding Agreement (subsections (a)-(c) are collectively referred to as, the �Conditions�).
Section 3. This Board hereby waives the Bond Program�s Administrative Rules with respect to its grant of the $211,350 Local Match to the State.
Section 4. This Board hereby approves the terms of, and authorizes the County Mayor or the County Mayor�s designee to execute, the Escrow Agreement and the Funding Agreement after all of Conditions have been satisfied.
Section 5. Subject to the prior execution of the Escrow Agreement and the Funding Agreement by all of the respective parties, this Board hereby approves the terms of, and authorizes the County Mayor or the County Mayor�s designee to execute, the Letter Agreement and to disburse the $211,350 Local Match to the State as required by the terms of the Letter Agreement. The County Mayor or the County Mayor�s designee is further authorized to exercise any and all cancellation or termination provisions contained in the Escrow Agreement, the Funding Agreement and the Letter Agreement, to do all things necessary to effectuate the foregoing and to execute written instructions to the Escrow Agent authorizing disbursements from the escrow account established under the Escrow Agreement.