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Res. No. 195-09-13004RESOLUTION NO.: 195 -09 -13004 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; RELATING TO THE SAFE NEIGHBORHOOD PARKS BOND PROGRAM GRANT APPLICATION SUBMITTED FOR THE MURRAY PARK POOL AND AUTHORIZING THE CITY MANAGER TO COMMIT TO THE REQUIRED MATCH IN THE AMOUNT OF $220,050.00, WHICH WILL COME FROM THE OFFICE OF COMMUNITY AND DEVELOPMENT MURRAY PARK POOL GRANT ACCOUNT NUMBER 114- 2010 - 572 -6441; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of South Miami submitted a grant application to the Safe Neighborhood Park Program for the Murray Park Pool; and WHEREAS, the Safe Neighborhood Park Program has a required dollar for dollar match requirement; and WHEREAS, the City of South Miami has been awarded a grant from the Miami -Dade Office of Community and Economic Development for the Murray Park Pool in the amount of $756,911.00; and WHEREAS, in order to provide the required match for the Safe Neighborhood Park Program grant application, the City is committing the grant award from the Miami -Dade Office of Community and Economic Development in the required match amount of $220,050.00; WHEREAS, the South Miami Mayor and City Commission authorize the City Manager to match the required funding amount of $220,050.00 for Miami -Dade County's Safe Neighborhood Park Bond Program with grant funds from the Office of Community and Economic Development Murray Park Pool project through Account Number 114 - 2010 - 572 -6441 with a balance of $756,911.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1: The Mayor and City Commission authorize the City Manager to commit to the Safe Neighborhood Parks grant match requirement in the amount of $220,050.00 for the Murray Park Pool application. Section 2: The attached exhibit is incorporated by reference into this resolution. PASSED AND ADOPTED this 3rd day of November , 2009. ATTEST: '�� CTTY CLERK APPROVED AS ATTORNEY APPROVED: MAYOR COMMISSION VOTE: 5 -0 Mayor Feliu: Yea Vice Mayor Beasley: Yea Commissioner Palmer: Yea Commissioner Newman:- Yea Commissioner Sellars: Yea South Miami fdhAmWcaGfW CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM 2001 To: The Honorable Mayor &Members of the Cit Commission Via: Roger M. Carlton, Acting City Manager —°° , From: Carol u run, Grants Writer /Administrator Cesar Garcia, Parks and Recreation Director I Date: November 3, 2009 Agenda Item No. Subject: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE SAFE NEIGHBORHOOD PARKS BOND PROGRAM GRANT APPLICATION SUBMITTED FOR THE MURRAY PARK POOL AND AUTHORIZING THE CITY MANAGER TO COMMIT TO THE REQUIRED MATCH IN THE AMOUNT OF $220,050.00, WHICH WILL COME FROM THE OFFICE OF COMMUNITY AND DEVELOPMENT MURRAY PARK POOL GRANT ACCOUNT NUMBER 114 2010 -572 -6441; AND PROVIDING FOR AN EFFECTIVE DATE. Request: To commit to the required match amount for the grant application submitted to Miami -Dade County's Safe Neighborhood Bond Program for Murray Park Pool. Background: The City of South Miami submitted grant applications for Park Improvement through the Miami -Dade County Safe Neighborhood Parks Bond Program (SNP), The SNP grant program requires a dollar for dollar match for funded projects. The City is being recommended for funding for the Murray Park Pool in the amount of $220,050.00. SNP is requesting proof of the match prior to a contract being issued for execution. The City has also been awarded grant funding for the pool project from the Office of Community and Economic Development (OCED) in the amount of $756,911.00, which expires in December 2010. These OCED funds can be used as the required match amount for the SNP application. The attached resolution will commit the required match funding to come directly from OCED. Issues raised at the October 20, 2009 City Commission Meeting: A. Size of the desired design for the pool was determined to be eight (8) lanes. B. The design is scheduled to be completed with 100% construction documents by January 5, 2010 and be ready for bid by April 1, 2010. Staff will report to the City Commission with an update on this project on January 5, 2010. C. The additive alternates to the design of the proposed building at the pool facility will include the following three options: a. A single story facility b. A two story facility with open second floor c. A complete two story facility The construction cost estimates will be known and discussed with the City Commission prior to bid advertisement for these three options. D. We will continue to work on providing an accurate estimate of pool net operating costs by contacting City of Miami and Miami -Dade County for annual net costs of operating similar pools with similar proposed hours of operation and report back to the City Commission on December 151h, 2009. Cost: $ 756,911.00 from Office of Economic Development (OCED) $ 220,050.00 from Safe Neighborhood Parks Program (SNP) Funding Source: Miami -Dade County's Safe Neighborhood Parks Bond Program and Office of Community and Economic Development Backup Documentation: �1 ■ ■ ■ ■ Proposed Resolution Previous SNP Resolutions SNP Application Miami -Dade County SNP Ordinance No. 96 -115 SNP Grant Application & Administrative Rules OCED Acceptance Resolutions Page 2 of 2 RESOLUTION NO.: 125-09 -12934 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, DIRECTING THE CITY MANAGER TO OBTAIN APPROVAL FROM THE CITY COMMISSION PRIOR TO EXECUTING ANY AGREEMENT OF GRANT FUNDS FOR MIAMI -DADE COUNTY'S SAFE NEIGHBORHOOD PARKS BOND PROGRAM FOR PARK IMPROVEMENTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the citizens of Miami -Dade County have authorized the issuance of general obligation bond (the "Bonds ") for the purpose of financing capital improvement programs for certain parks beaches natural areas and recreation facilities through the Safe Neighborhood Parks Ordinance No. 96- 115; and WHEREAS, the Miami -Dade County's Safe Neighborhood Bond Program application requires that the applicant submit a resolution authorizing that the applicant has the requisite authority to execute the grant agreement; and WHEREAS, in order to meet the application criteria the commission has approved a resolution that meets the Miami -Dade County's Safe Neighborhood Bond Program eligibility criteria; and WHEREAS, notwithstanding the City Commission directs the City Manager to bring the grant agreement back to the City Commission prior to executing the agreement; and NOW, 'THEREEORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1: The Mayor and City Commission direct the City Manager to obtain approval from the City Commission on any agreement for grant funds for Miami -Dade County's Safe Neighborhood Bond Program for park improvements prior to the execution of the agreement should the City of South Miami be awarded any grant funds. Section 2: The City of South Miami recognizes and directs that any beach, park, or other public facility acquired, developed, rehabilitated, or restored with bond funds shall be open and accessible to the public without discrimination of race, color, gender, religion, belief, residence, natural origin, marital status, or disability. Section 3• That the South Miami Park Entrance Feature be removed kqrrijbe aop6cati PASSED AND ADOPTED this 28' day of Jam, 2009. 10-11 1 READ AND APPROVED AS TO FORM: COMMISSION VOTE: 4 -0 Mayor Feliu: Absent Vice Mayor Beasley: Yea Commissioner Palmer. Yea Commissioner Newman: Yea Commissioner Sellars: Yea RESOLUTION NO.: 124 -09 -12933 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO SUBMIT A GRANT APPLICATION FOR MIAMI -DADE COUNTY'S SAFE NEIGHBORHOOD BOND PROGRAM FOR PARK IMPROVEMENTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the citizens of Miami -Dade County have authorized the issuance of general obligation bond (the "Bonds ") for the purpose of financing capital improvement programs for certain parks beaches natural areas and recreation facilities; and WHEREAS, to implement and give effect to the bond program, Miami -Dade County, Florida enacted Ordinance No. 96 -115, the Safe Neighborhood Parks Ordinance (the "Ordinance "); and WHEREAS, it is necessary and desirable to improve the quality of life, to benefit property values, to promote prevention of juvenile crime by providing positive recreation opportunities, and to improve the recreation facilities for youth, adult, and senior citizens in this community through the improvement of our parks and natural areas; and WHEREAS, in order to foster those important values, the projects more specifically listed below have been identified for reimbursement pursuant to the terms of the Ordinance; and WHEREAS, pursuant to the terms of the Ordinance, the passage of this resolution and the acts contemplated by this resolution are conditions to obtaining a grant; and WHEREAS, the South Miami Mayor and City Commission wish to submit a grant application for park improvements subject to all terms and conditions of the Ordinance, and WHEREAS, the South Miami Mayor and City Commission authorize the City Manager to submit the grant application for Miami -Dade County's Safe Neighborhood Parks Bond Program for park improvements. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1: The Mayor and City Commission authorize the City Manager to submit a grant application for a grant application for the projects and the amounts listed below, and in connection with such application to execute such grant agreement and other contracts and documents, to expend Safe Neighborhood Parks' bond funds received for the purposes described in the funding request, to execute any necessary amendments to the grant application, and take such other acts as may be necessary to bind the City of South Miami and accomplish the Intent of this resolution, Application shall be made with respect to each of the following projects: a) Murray Park Pool; b) Dison Park Improvements; and c) South Miami Park Entrance Features Phase I. Section 2: The City of South Miami shall complete each of the Projects in accordance with the terms of the grant agreement, the Ordinance, and the administrative rules authorized by the Citizen's Oversight Committee (the "Committee ") to implement the Ordinance. If the cost of a Project exceeds the value allocated in the grant, then the City of South Miami will provide any supplemental funds required to complete the project. In the event that supplemental funds are necessary for the completion of the Project, as of the point in time that supplemental funds are needed, the City of South Miami will demonstrate that such supplemental funds have been committed to the Project prior to and as a condition of disbursement or further disbursement of grant funds. The requirement for the City of South Pg. 2 of Res. No. 124 -09 -12933 Miami to provide any supplemental funds required to complete the Project may, at the sole discretion of the Committee, be modified in whole or in part by a reduction in scope of work consistent with the Ordinance. Section 3: The City of South Miami recognizes and directs that any beach, park, or other public facility acquired developed, rehabilitated or restored with bond funds,, including the Projects, shall be open and accessible to the public without discrimination of race, color, gender, religion, belief, residence, natural origin, marital status or disability. Section 4: To the extent allowed by law, the City of South Miami shall commit any and all funds which may be required to operate, maintain and provide programming at each park project upon its completion. Section 6: The grant shall not be used in substitution of other capital project funding. Section 6: That the South Miami Park Entrance Feature be removed from the application. Section 7: The Mayor and City Commission authorize the City Manager to submit a grant application to Miami -Dade County's Safe Neighborhood Parks for Park Improvements. Section 8: The attached exhibit is incorporated by reference into this resolution. PASSED AND ADOPTED this 28' day of July, 2009. READ AND .O i 4S TO FORK COMMISSION VOTE: 4-0 Mayor Feliu: Absent Vice Mayor Beasley: Yea Commissioner Palmer: Yea Commissioner Newman: Yea Commissioner Sellars: Yea �h4�' 6i &.ZPR9� bwdrs /,gl, r cdmmiCten neighborhood: WPM 1. AkjMVwWvx.MW 2009 FUNDS GRANT APPLICATION sEcTrox 1— APPMC,ANT IM-FORMArCOlVf Date: 7117/2009 Applicant (Agency Name): City of South Miami Co- Applidant'(Agency Name) if applicable: _ Nane Applicable Contact Person: Mr. W Aiibola Balogun Title: City Manager E =hall Address: abalogun(o) ityofsouthmiami net - -- Mailing Address: 6130 Sunset DWO City. South Miami State: FL Zip-, 33143 Telephone: 305 -66 &2510 FaX: .305-663-6346 SECTIONI!- GRANT REQUEST OVERVfEVU A. Grant Title (Project Name): Murray Park Aquatic Center Pooi B. Project /Land Address: 5800 SW 66th Street- South Miami FL 33143 C. County Commission District. in which project/land is located: District 7 D. Brief Grant Descriptlon: Construction of swimming pool at Murray Park in the heart ofa low moderate income area Construction will constitute the restructuring of the current infrastructure located at the existing park which wilt indude 8 -lane pool facility /building, tot lot community center parking basketball courts and open space green grasa area. Included will be the required support faciiities such as showers locker rooms filtration /sanitation egu'loment and parking facilities in addition funding M fallow the addition ofi a heated Aooi: This will allow support to programs that specialize in injuries that constitu #e the need for therapeutic' Water activities. RFP 5NP0809 FUNDING APPLICATION E. indicate total funding request. !dollar for - dollar cash match required} Fundin I Amount SNP Grant Request (minimum $10,000 era lication $ 556,911 Cash Match Committed (attach proof of match; approved $556,911 budget, a e 1/20/2009 F. Type of Grant Request (please check only one per application): 1) Discretionary Funding — Park Development, Land Owned X 2) Discretionary Funding — Park Development, Land Leased by Applicant ❑ Term of Lease: 3) Pre Agreement Land Acquisition Funding -Land Acquisition ❑ G. Project Readiness for Type of Grant Requested in Section F Land Acquisition Stages Beginning Date Ending Date property Identification 1/20/2009 12131/2010 Willing Seller Determination 1/20/2009 12/31/2009 Appraisals 1/20!2009 12/31/2009 Ac uisition 1/25/2010 12/31/2010 Method of Development Stages Beginning Date Ending Date Planning 1/20/2009 12131/2010 Schematic Designs 1/20/2009 12/31/2009 Construction Drawings 1/20!2009 12/31/2009 Construction 1/25/2010 12/31/2010 H. Can the project be completed within a year after the BCC allocates the funds? (the BCC is expected to allocate the funds in November or December 2009) Yes X No ❑ SECTION III — CONSTRUCTIOWOPERATING COMMITMENTS A. Describe basis or justification for cost estimate: Cost are based on feasibility study for the pry B. Are additional funds required for this project? Yes ❑ No X If yes, how much? $ 1) List other anticipated funding sources and amounts anticipated: RPP GNP0609 FUNDING APPUCAMN 2} Explain how these other.funding sources will be used to complete or expand the SNP bond- funded grant or total project: Funds will be used to leverage the proiec# costs by expanding upon the scope of the project to include heated pool and allow far the project to be completed on scheduled. 3) if any other funding sources fail to materialize, how will that affect the SNP bor d- funded grant or total project: Ciiv issues pavmen #fro the pralect The City has had a long - sanding relationship. with this particular grant funding agenav and does not anticipate anv (saes that would impact fhe SNP program nor our profegts in general. C, Upon completion, Will the work funded by this grant result in increased or new annual maintenance, operation or programming costs? Yes X No If yes, who wiii assume the increased costs? The City of South Miami will be responsible for maintenance and operatjons costs. These costs will be addressed at the discretion of the Cit a Commission and the administration. SECTION IV-- APPLICANT CEPTIFICATION 1 hereby certify the information provided in this Safe Neighborhood Parks Bond Program 2009 Funds Grant Application and all attachments are true and correct. 1 also agree, as a condition of tale grant, to execute a Grant Agreement and to. comply with all terms and conditions of that Grant Agreement SNP Bond Ordinance No. 96 -115 and SNP Administrative Rules. I further certify that I am authorized to apply for this grant on behalf of the epplicant. 7/17109 Signature. of AuthsOMI Applicant Representative Date Mr W Aiibola Balogun Typo or Print Nave NIA Signature of Authorized Co- Applicant Representative N/A Type or Print Name RPP SNP0809 FUNDINGAPPLICATION Cify Manager Title N/A Date N/A Title LINE ITEM BUDGET FORM ATTACHMENT A * The combination of planning; design, proiect administration and pre - agreement soft Costs cannot exceed 17% of total request. RFP SNPOeoB PUNDING APPLICATION Total SNP % of BUDGET ITEMS Grant Request Expense PLANNING �� DESIGN _ PROJECT ADMINISTRATION - -- PRE- AGREEMENT SOFT COSTS _ TOTAL SOFT COSTS* LANDIBUILDING ACQUISITION CONSTRUCTION (list below by element with quantities) 8 -lane heated pact with splash pad 250,000 50% Parking renovation 50,400 54% Su porting pool facility /building 200,400 50% Tot -lot 56,9f 4 50% EPRE-AGREEEMENT COSTS V FIXTURES, FURNITURE and EQUIPMENT (FF &E) - =iLj BUDGET TOTAL * The combination of planning; design, proiect administration and pre - agreement soft Costs cannot exceed 17% of total request. RFP SNPOeoB PUNDING APPLICATION BUDGET JUSTIFICATIO ATTACHMENT-.B RPP SNPOS09 FUNDING APPLICATION ARTICLE III. SAFE NEIGHBORHOOD PARKS ORDINANCE* Page I of 10 ARTICLE Ill. SAFE NEIGHBORHOOD PARKS ORDINANCE* *Cross references: Generai.obiigaflon bonds, ch. 16. See. 2613-20. Findings. The Board finds that: (a) The purposes described in the Whereas clauses are incorporated in the body of this article by reference. This article shall hereafter be known as the "Safe Neighborhood Parks Ordinance" and referred to herein as the "article ". (b) it is critical that neighborhood and regional parks are restored and improved throughout the County to improve the overall quality of life of our communities, provide safe places for children to play and alternatives to gangs and gang activities, increase recreation opportunities for senior citizens, and provide pleasant places for all residents to enjoy relief from congestion and urban stress. (c) The improvement, restoration, expansion, and enhanced safety of park, open space and recreation lands and facilities will help reduce crime, increase the attractiveness of the County as a place in which to live and locate businesses, maintain sound economic conditions and a high standard of livability in the County by increasing property values, economic activity, employment opportunities and tourism throughout the County. (d) The protection of beach, park, recreation and natural areas is vital to the quality of life in the County, providing important recreation opportunities to all residents of the County, especially children and senior citizens, and helping to protect air and water quality. (e) The Board finds that the distribution of the funds for qualified projects must be done in a fair and organized manner. (Ord_ No. 96 -116, § 1, 7- 16 -96) See. 2613-21. Definition. As used in this article, the following terms mean; Administrative expenses means all direct expenses incurred in administering the development and completion of any of the projects authorized and approved under the terms of this article. Administrative costs shall not include those administrative expenses incurred in the everyday operation of any not - for -profit organization and public agency, which administer a project funded pursuant to this article. Beaches means beaches open to use by all of the residents of the County. General fund means those funds raised, primarily through ad valorem taxes, fees and transfers, that are used to account for the general operations of the County or municipal governments and all transactions which are not accounted for in other funds or account groups. Natural area means an environmentally sensitive area usually containing a natural forest http: /llibrary8.municode.comldefault testlDocView /1 0 620/1 / 3 1 71320 ?hilite= county;counti... 7/14/2009 ARTICLE 111. SAFE NEIGHBORHOOD PARTS ORDINANCE* Page 2 of 10 community, freshwater or coastal wetland and managed to maintain and enhance biological values. Nat - for - profit organization means any legally incorporated not -for- profit organization created under the laws of the State of Florida (the "State ") and designated as a tax exempt entity by the United. States Internal Revenue Service, which has among its purposes the provision of park and recreation services, gang prevention and intervention, tree - planting, or the conservation and preservation of lands for park, natural areas, scenic, historic, or open spaces. Parks mean those areas of public land set aside for aesthetic, educational, recreational, or cultural use by the citizens of the County. Park and recreation department means the Miami -Dade County Park and Recreation Department. 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. Recreation and heritage facilities mean those facilities that are managed by a public agency or agencies that focus their programming on cultural, historical, educational and recreational activities. State park means a park owned or operated by the Florida Department of Environmental Protection, Division of Recreation and Parks. Trust account means the separate interest bearing account into which proceeds of the bond program, as outlined in this article, shall be deposited. UMSA means Unincorporated Municipal Service area of the County, for which the County provides municipal services. (Ord: No. 96 -115, § 2, 7- 16 -96) See. 2613-22. Bonds. In accordance with the provisions of the Miami -Dade County Home Rule Charter and the general laws of the State of Florida, including Chapters 125, 159, and 166, Florida Statutes, there is authorized to be issued, subject to the approval of the electorate pursuant to the Special Election, general obligation bonds of the County, in one (1) or more series, in an aggregate principal amount not to exceed two hundred million dollars ($200,000,000.00) outstanding at any one (1) time (the "bonds "). This article also authorizes the issuance of other evidences of indebtedness in the form of anticipation notes or bonds in anticipation of the issuance of the bonds. The bonds shall be payable from unlimited ad valorem taxes levied on all taxable property in the County without limit as to rate or amount, the full faith and credit of the County being pledged to the payment of principal of, redemption premium, if any, and interest on the bonds. The bonds shall bear interest at such rate or rates, not exceeding the maximum rate of interest permitted by law at the time of their sale, shall be stated to mature on a date or dates not-exceeding forty (40) years from the date of issue, shall be subject to redemption and shall have such other terms, covenants and provisions as shall be determined by the Board by one (1) or more subsequent ordinances or resolutions. The purpose of the bonds shall be (1) to pay the costs of issuance of bonds, (ii) to pay eligible administrative costs, and (iii) to finance the acquisition of and capital improvements to parks, beaches, natural areas and recreational and heritage facilities, in the manner set forth in this article, in amounts not to exceed the following: (a) Municipal per capita allocation and direct grants for specilro projects: One hundred seven million nine hundred and fifty thousand dollars ($107,950,000.00) for grants to public agencies and not- for - profit organizations for the development, improvement, rehabilitation, restoration or acquisition of real property for parks and park safety, youth, adult and senior citizens' recreation facilities, beaches, greenways, trails, and natural http:ll library8. municode .comldefault- testlDocView /1 0620/1/ 3 1 7 /320 ?hilite= county;counti... 7(14/2009 ARTICLE III. SAFE NEIGHBORHOOD PARKS ORDINANCE* Page 3 of 10 areas in accordance with the following schedule: (1) Nineteen million nine hundred fifty thousand dollars ($19,950,000.00) for grants to all incorporated municipalities and UMSA.(Unincorporated Municipal Service Area) within the County, in accordance to the following schedule: (1) Nine million seven hundred thousand dollars ($9,700,000.00) to divide on a per capita basis among the municipalities duly incorporated on the effective date of this article. (ii) Ten million two hundred fifty thousand dollars ($10,250,000.00) to UMSA as its municipal share. (2) Direct grants for specific projects: Eighty -eight million three hundred and fifty thousand dollars ($68,350,000.00) for direct grants to municipalities and UMSA, In accordance with the schedule attached as Exhibit "A" [which can be found in the County Clerk's office attached to Ordinance No. 96 -115) and incorporated in this article by reference. Any project changes in UMSA from the schedule attached as Exhibit "A" shall require approval by a unanimous vote of the County Commissioners present at the time the Board considers any such project changes. (b) Grants €or "speci €ic regional projects: Seventy -six million seven hundred thousand dollars ($76,700,000.00) to the County Park and Recreation Department for the development, improvement, restoration, rehabilitation or acquisition of real property for Regional Parks, Beaches and Biscayne Bay access, specific regional projects, Heritage Facilities, Natural Area Preserves and greenways and trails, in accordance with the schedule described in Exhibit "B" [which can be found in the County Clerk's office attached to Ordinance No. 96 -115]. Any project changes in UMSA from the schedule attached as Exhibit "B" shall require approval by a unanimous vote of the County Commissioners present at the time the Board considers any such project changes. (c) Challenge grants: Fifteen million ($15,000,000.00) for challenge grants to public agencies and not - far -profit organizations in accordance with the following schedule: (1) Seven million dollars ($7,000,000.00) for challenge grants to public agencies and trot- for -profit organizations for land acquisition, construction and development of youth recreation and service facilities. (2) Eight million dollars ($6,000,000.00) for challenge grants to public agencies and not- for -profit organizations for natural areas, recreation and open space land acquisition and development. (Ord. No. 96 -115, § 3, 7- 16.96, Ord. No. 98-58, § 1, 5 -5 -98; Ord. No. 01 -160, § 1, 9- 25-01; Ord. No. 02- 253, § 1, 12 -3 -02; Ord. No. 03 -138, § 1, 6 -3 -03; Ord. No. 03 -139, § 1, 6 -3 -93; Ord, No. 05 -18, § 1, 1- 27-05) Sec. 2613-23. Administration. (a) The Citizens' Oversight Committee. A Citizens' Oversight Committee ("Committee") will be formed to oversee the disbursement of the proceeds from the sale of the bonds. The Committee will have thirteen (13) members; one (1) residing in each of Miami -Dade County's thirteen (13) commission districts. Members of the Committee shall be residents of Miami -Dade County who possess outstanding reputations for civic pride, integrity, responsibility and business, or professional ability and experience or interest in the fields of recreation, conservation of natural resources or land use planning. The Committee, as defined below, will be comprised of members who are representative of the geographic, ethnic, racial and gender make -up of the County. h": /llibmry8.municode. corn /default- test/DocV iew/10620/1/317 /320 ?hilite= couuty;countl... 7/14/2009 ARTICLE 111. SAFE NEIGHBORHOOD PARKS ORDINANCE* Page 4 of 10 (1) Selection. Each member of the Board of County Commissioners shall appoint one representative to the Committee. Each representative shall reside in the appointing commissioner's district. (2) Term. The Committee members shall serve two -year terms, and may be reappointed. The terms shall be staggered, with the representatives of the evenly - numbered districts scheduled for replacement or reappointment after the first year. Members of the Committee shall not be compensated for their services. Notwithstanding Section 2- 11.38.2, Committee members may be reappointed for more than eight (3) consecutive years without a two-year hiatus. (3) Powers and duties. The Committee shall have the following powers and duties: (1) To oversee the deposit and disbursement of the bond proceeds in accordance with the terms of this article; (ii} To issue solicitations for all grants, to evaluate, disqualify, and rank challenge grant proposals, and to recommend the award of grants in accordance with the terms of this article; (iii) To Idantify funding to reimburse the County for the reasonable costs of providing staff to the Committee, in the process of the oversight and grant management of this article, which funding may include amounts available under this Bond program if the costs of staffing are related to individual projects authorized by this article; (iv) To promulgate rules consistent with this article for the conduct, of its meetings and the discharge of its responsibilities; (v) To perform such other functions as are set forth for the Committee in this article. (4) Deposit of bond proceeds. All proceeds of the sale of the bonds shall be delivered to the Director of the Finance Department of Miami -Dade County who shall deposit those proceeds in the Trust Account, not to be commingled with other funds of the County, to be disbursed solely for the purposes set forth in this article. Miami -Dade County, itself or through independent auditors, shall have the right at all times to audit the books and records of the Committee. (5) Staff. The County Manager and the County Attorney shall provide to the Committee adequate staff and support services to enable the Committee to carry out its duties and responsibilities. (Ord. No. 96 -115, § 4, 7- 16 -96; Ord. No. 06 -70, § 1, 5 -9 -06; Ord, No. 09 -09, § 1, 1- 22 -09) Sec. 25B -24. Grant proposals. (a) Any adjustments to the amount available from the bond proceeds which are required to be made to satisfy the costs of providing staff or other services to administer the bonds ,shall be made to the amounts available under this bond program, not to exceed one (1) percent. (b) The following provisions of this Section 2513-24(b) shall apply to all grants to be awarded pursuant to this article: (1) Individual applications for grants or per capita allocations pursuant to Section 2513- 22 shall be submitted to the Committee for approval as to conformity with the requirements of this article and for Committee review and recommendation. The application shall be accompanied by an authorizing resolution from the governing body of the applicant public agency that the project (or projects) for which the grant or http:// library8. municode .comldefault- test(DocView /10620!1/317 /320 ?hilite- county;counti... 7/14/2009 ARTICLE III. SAFE NEIGHBORHOOD PARKS ORDINANCE* Page 5 of 10 allocation is sought is an important park and recreation project (or projects) which will benefit all residents of Miami-Dade County and that operating, management and programming funds are included in budget. (2) Not more than seventeen (17) percent of monies awarded under any grant may be utilized for project planning, design and administration. (3) The interest earned on proceeds of the bonds which have been sold but not allocated shall be used for acquisition of park, open space and natural areas to meet the future needs of the growing population of Miami -Dade County. Requests for use of these interest funds may be made to the Committee by public agencies and not - for - profit organizations, with all title vesting in a public agency. (4) After approval of this article by special election, administrative rules governing the implementation of the Ordinance shall be prepared by the County Manager, Such rules shall include a timeline for the grant programs identified in Section 258 -22 of this article, criteria and procedures for evaluating such grants, notification of affected public agencies and not - for - profit organizations of the proposed criteria and procedures and of the dates of public workshops to be held throughout the County for the purpose of receiving public input on the proposed criteria and procedures. After at least one (1) public workshop for each of the grant programs referenced in Section 258 -22, the Committee shall adopt final criteria and procedures for evaluating grants for each program, and shall notify affected public agencies and not - for - profit organizations as to the application timeline, criteria and procedures for evaluating challenge grants for each program. Grants shall be awarded. by the Board of County Commissioners upon recommendation of the Committee in accordance with this article and the rules adopted In accordance with this provision. (5) A public agency may enter into an agreement with one (1) or more not- for -profit organizations for the purpose of carrying out a grant pursuant to this article, subject to the requirements of Section 258 -28. (6) Each. public ,agency shall make every effort to employ local residents, and particularly youth, from the area in which proposed projects are located. (7) Each public agency shall make every effort to work with- not- for - profit organizations with a demonstrated history of youth employment and training, gang prevention and intervention, and environmental preservation and land conservation. (8) Funds that are granted pursuant to Section 258 -22 for the purposes of development, improvement, rehabilitation or restoration shall be expended for these purposes only on lands owned or leased by a public agency. Funds may also be utilized for projects on lands for which the public agency holds a lease or other use agreement for an unexpired minimum term of twenty -five (25) years, (9) in projects where funds are allocated pursuant to Section 258 -22 for park and facility development, every effort shall be made to use non - invasive, drought- resistant, or xeriscape landscape material, water - conserving irrigation systems and energy - efficient fixtures, except when such use can be shown to be unfeasible. When projects involve the rehabilitation of existing irrigation systems or the creation of new irrigation systems, reclaimed water should be used whenever possible and priority shall be given to development of reclaimed water irrigation systems. (10) The minimum amount that an applicant may request for any individual project is ten thousand dollars ($10,000.00). Any agency may allocate all or a portion of its per capita share to a regional or state project or another neighboring city, and all agencies shall be encouraged to form partnerships to leverage other available funds with the Miami -Dade County School Board, other public agencies, and not - for - profit organizations for park and recreation purposes. http:Hlibrary8.municode.com /default- test/DocView /1 0 62011 /3 1 7 /3 20 ?hilite= county;counti... 7/14/2009 ARTICLE III. SAFE NEIGHBORHOOD PARKS ORDINANCE* Page 6 of 10 (11) Funds made available for approved projects from grants shall be expended or encumbered by the recipient within three (3) years of the date when such funds are first made available unless an extension is authorized pursuant to the express terms of this article. Any such grant funds that are not expended or encumbered by the recipient within such period, shall be made available for award for one (1) or more of the classes of expenditures specified in Section 258 -22 that the Committee deems to be of the highest-priority. 1. Upon deposit into the Trust Account, the original recipient of the ends shall have no further claim to the funds. il. Trust Account funds shall be made available pursuant to the programs outlined in Section 258 -22, and shall be prioritized for heavily used parks and recreation facilities in underserved areas of the County or municipalities. When funds are to be used for the acquisition of property, priority shall be given to acquiring land for park, recreation or natural areas purposes in densely populated, underserved areas with documented deficiencies in park, recreation or open space opportunities. (12) The scope of each per capita project, shall remain as defined in the application for bond funds and this article. If there are required modifications to the scope of the specific project, the recipient may alter the scope of the specific project, as defined by the administrative rules. The modifications shall be subject to approval by the Committee. The full amount allocated for a specific project as detailed within the application and this article shalt be used for the designated project and not transferred to another project. (13) if bond proceeds have not been expended or encumbered within the periods allowed, the recipient agencies may submit to the Committee for review and approval in its discretion a plan for expenditure or encumbrance of the funds in accordance with the purposes of this article within the municipality or area of the County in which the funds were originally authorized to be expended. (c) Challenge grants In addition to those provisions contained in Section 258 -24(b) above, the following provisions shall apply to challenge grants to be awarded pursuant to Section 258 - 22(o) of this article. (1) The funds authorized in Section 258 -22(c) shall be available as grants on a challenge basis to public agencies and not - for -profit organizations. (2) An extension not to exceed two (2) years beyond the three -year time limit for expenditure or encumbrance of grant funds may be authorized by the Committee for reasonable cause. (3) These grants shalt be limited for acquisition of lands for public use, and, improvements or development to publicly owned lands and facilities. (4) Pursuant to Section 258- 22(c)(1), an amount not to exceed seven million dollars ($7,000,000.00), shall be dedicated to park, recreation and open space acquisition and development in areas which: (1) are identified as economically and/or socially disadvantaged consistent with Federal guidelines, where at least fifty-one (51) percent of residents live at or below 80 percent of the County's median Income, and (ii) which possess a documented deficiency in recreation and open space opportunities defined as the difference between area supply and area demand for facilities, programs and services. (5) In the evaluation of grant applications pursuant to Section 258- 22(c)(1), priority shall be given first to correct vestiges of past discrimination and second to those which meet one (1) or more of the following criteria: (i) joint application by a public agency and a not - for -profit organization whose primary focus is working with youth; (ii) application by a httn: /llibrarv8.municode.00ml default- test/DocView /1 0 620/113 1 7 /3 20 ?lulite= county;counti... 7114/2009 ARTICLE Ill. SAFE NEIGHBORHOOD PARKS ORDINANCE* Page 7 of 10 not - for -profit organization with a demonstrated history of gang intervention, gang prevention, ability to work with at -risk youth, and prior experience In such activities through grants from public agencies; (III) application by not - for -profit organization which agrees to and can demonstrate the ability to operate and maintain the facility to be constructed or developed on a long -term basis; (iv) application by a not- for -profit organization with experience in park and open space acquisition and preservation. (d) Grants for specific county and municipal projects. In addition to those provisions contained in Section 25B -24(b) above, the following provisions shall apply to the grants for specific County and municipal projects to be awarded pursuant to Sections 258- 22(a)(2) and (b) of this article. (1) These grants shall be limited for acquisition of lands for public use, and improvements or development to publicly owned lands and facilities for the purposes set forth in Sections 258- 22(a)(2) and (b) of this article. (2) An extension not to exceed two (2) years beyond the three -year time limit for expenditure or encumbrance of grant funds may be authorized by the Committee for reasonable cause. (Ord. No. 96 -115, § 5, 7- 16 -96) Sec. 256 -25. Disbursement of funds. (a) No funds authorized under Section 258 -22 may be disbursed to any recipient unless the recipient agrees; (1) That grants for all programs in Section 258 -22 shall be made available at least once every twelve (12) months with public notice from the County. (2) To maintain and operate in perpetuity the property acquired, developed, improved, rehabilitated or restored with the funds, except where. leases are in effect. The recipient or its successors in interest in the property may transfer the responsibility to maintain and operate the property to another public agency or another notfor -profit organization in accordance with this section. The recipient agency must provide adequate programming for any new facilities constructed with proceeds of the bonds. (3) To use the property only for the purposes of this article and to make no other use, sale, or disposition of the property, except as provided in subdivision (b) of this section. (4) Any beach, park or other public facility acquired, developed, rehabilitated or restored with funds from this act shall be open and accessible to the public without discrimination as to race, color, gender, age, religious belief, residence, national origin, marital status, or disability. (5) in order to maintain the exclusion from gross income for federal income tax purposes of the interest on any bonds, notes or other evidences of indebtedness issued for purposes of this article, each recipient of funds pursuant to this article covenants to comply with each applicable requirement of Section 103 and Sections 141 through 150 of the Internal Revenue Code of 1986, as amended. Each recipient of funds shall agree in writing to the conditions specified in paragraphs (2), (3), and (4) of this section. The conditions specified in paragraphs (2), (3), (4) and (5) of this section shall not prevent the transfer of property acquired, developed, improved, rehabilitated or restored with funds authorized pursuant to Section 256 -22 of this article from the recipient to any other public agency, to a not - for - profit organization authorized to acquire, develop, improve or restore public real property for park, wildlife, recreation, open space or gang prevention and intervention purposes, to the State of Florida or to the National Park Service, provided that any such successor to the recipient assumes the obligations imposed by such conditions. htto:lAibrarv8.municode.com / default- testIDoeV iew(10620/ 1 /3 1 7 /3 20 ?hilite= county;counti... 7/14/2009 ARTICLE III. SAFE NEIGHBORHOOD PARKS ORDINANCE* Page 8 of 10 (b) Any changes in use of any property acquired through grants pursuant to this article must be maintained in perpetuity for public park and recreation purposes. if the use of the property acquired through grants pursuant to this article is changed to one (1) other than a use permitted under the, category from which the funds were provided, or the property is sold or otherwise disposed of, an amount equal to the (1) amount of the grant, (2) the fair market value of the real property, or (3) the proceeds from the portion of such property acquired, developed, improved, rehabilitated or restored with the grant, whichever is greater, shall be used by the recipient, subject to subdivision (a) of this section, for a purpose authorized in that category or stiail be reimbursed to the Trust Account and be available for appropriation only for a use authorized in that category. If the property sold or otherwise disposed of is less than the entire interest in the property originally acquired, developed, improved, rehabilitated or restored with the grant, an amount equal to the proceeds or the fair market value of the property interest sold or otherwise disposed of, whichever is greater, shall be used by the grantee, subject to subdivision (a) of this section, for a purpose authorized in that category or shall be reimbursed to the general fund and be available for appropriation only for a use authorized in that category. Nothing in this Section 25B -25 shall limit a public agency from transferring property acquired pursuant to this article to the National Park Service or the State Park System, with or without consideration. (c) Awards pursuant to this article shall first be available during the fiscal year in which bond proceeds are initially available. (Ord. No. 96 -115, § 6, 7- 16 -96) Sec. 25B -26. Property acquisition. (a) All real property acquired pursuant to this article shall be acquired in compliance with Miami -Dade County Administrative Order 8-4 and Florida Statute 125.355, and all other applicable laws. Funds disbursed to a Public Agenoy other than,the County in accordance with Section 3 shall be expended by that agency pursuant to an Interiocal agreement with Miami - Dade.County. (b) For the purposes of this article, acquisition may include gifts, purchases, leases, easements, the exercise of eminent domain, the transfer or exchange of property of tike value, transfers of development rights or credits, and purchases of development rights and other interests. (c) All grants, gifts, devises, or bequests to any of the qualified public agencies of this article, conditional or unconditional, for park, conservation, recreational, wildlife habitat, natural lands or other purposes for which real property may be acquired or developed pursuant to this article, shall be, made in the name of the agency and accepted and received on behalf of the agency pursuant to the applicable administrative order of the County. The grants, gifts, devises or bequests shall be available for expenditure for the purposes specified in Section 25B -22 hereof. '(Ord. No. 96-115, § 7, 7- 16 -96) Sea 25B -27. Public access and community involvement. (a) Reasonable public access to lands and facilities funded by this article shall not be denied, except where that access may interfere with resource protection. (b) All funds allocated pursuant to this article for projects involving the rehabilitation or restoration of beach, park, recreation, open space or natural lands shall be used to the maximum extent practical to employ residents from the surrounding community in which the httv:IllibrmTS.municode.com / default- test/DocView/ 1 0 620 /1 / 3 1 7 13 2 0 ?hilite= county;counti... 7/14/2009 ARTICLE III. SAFE NEIGHBORHOOD PARKS ORDINANCE* Page 9 of 10 particular rehabilitation or restoration project is being carried out. (c) To the maximum extent feasible, public agencies and not - far - profit organizations shall be encouraged and have authority to use funds received pursuant to this article to provide funding through agreements with community organizations, particularly when youth can be employed to work on restoration or rehabilitation projects being carried out in their own communities. Such agreements shall be entered into solely for the accomplishment of the purposes set forth by this article. (Ord. No. 96 -115, § 8, 7- 16 -96) Sec. 258 -28. Environmental review. (a) Prior to recommending the acquisition of lands that are located on or near tidelands, submerged lands, swamp, or other wetlands, whether or not those lands have been granted in trust to a local public agency, any agency receiving funds pursuant to this article shall submit to the Miami -Dade County Department of Environmental Resources Management (DERM) any proposal for the acquisition of those lands pursuant to this measure. DERM may, at its discretion, within ninety (90) days of such a submission, review the proposed acquisition, make a determination as to the States existing or potential interest in the lands, and report its findings to the entity making the submittal and to the County Manager. (b) No wetlands or riparian habitat acquired pursuant to Section 256 -22 shall be used as a dredge spoil area or shall be subject to revetment which damages the quality of the habitat for which the property was acquired. (c) No provision of this article shall be construed as authorizing the condemnation of publicly - owned lands. (Ord. No. 96 -115, § 9, 7- 16 -96) Sec. 25B -29. Bond capital. (a) Pursuant to subdivision (e) of Section 5506.9 of the Public Resources Code, no proceeds from any bonds, notes or other evidences of indebtedness issued by Miami -Dade County shall be used for any operations, maintenance or servicing purposes, except that such proceeds may be used to pay all costs incidental to the preparation and issuance of the bonds. (b) The amounts of all allocations designated in Section 256 -22 are gross amounts, and shall be reduced not more than one (1) percent for the costs of the overall administrative expenses of the bond. (Ord. No. 96 -115, § 10, 7- 16 -96) Sec. 25B -30. Maintenance of effort. it is the intent of this article to produce a net benefit to the residents of Miami -Dade County. No substitution in capital project funding by the County and /or municipalities shall occur as a result of projects specifically funded by this bond issue. (Ord. No. 96 -115, § 11, 7- 16 -96) Sec. 25B -31. Sale of bonds. htto: / /library8.municode.com /default- test(DoeV iewlI062 0/ 113 1 713 20 ?hilite= county;counti... 7/14/2009 ARTICLE Iii. SAFE NEIGHBORHOOD PARKS ORDINANCE* Page 10 of 10 The bonds may be issued either all at one (1) time or in part from time to time as the Board of County Commissioners may in its discretion determine by subsequent ordinance or resolution. The sale of such bonds shall not be combined with the sale of any other bonds of the County. (Ord. No. 96 -115, § 12, 7- 16 -96) Sec. 258 -32. Independent audit. There shall be an annual independent audit of all proceeds of the Bonds. This audit shall examine all proceeds on hand and unexpended. The expense of the audit shall be paid from the general bond fund. All bond recipients shall cooperate fully with the program's auditors. The Committee shall have the right, in its sole discretion, to require recipients of any grant to retain the services of an independent private sector inspector general (IPSIG) to audit, investigate, monitor, oversee, inspect and review the operations, activities and performance of the recipient and its contractor. Said audit shall include compliance with contract specifications and project costs, as well as the prevention of corruption and fraud. Grant agreements shall include an acknowledgment by the recipient that the Committee has the right to utilize an IPSIG. (Ord. No. 96-115, § 13, 7- 16 -96) hitp:/ /library8.municode. coin /default- fest/DceView /10620111 3171320 ?hilite= county,counti... 7/14/2009 SAFE NEIGHBORHOOD PARKS BOND PROGRAM ADMINISTRATIVE RULES SECTION i. BACKGROUND These administrative rules govem the implementation of the Safe Neighborhood Parks Ordinance No. 96 -115 (the "Ordinance"), in accordance with Section 5(b)(4) of the Ordinance, the original rules were prepared and adopted by the Citizens' Oversight Committee defined In the Ordinance (the 'Commifte ") following public workshops held throughout the County and subsequent revisions adopted by the MAAR Subcommittee. SECTION 2. SCOPE These administrative rules have been prepared to address those programs identified in the Ordinance as "Municipal per capita allocation and direct grants for specific projects ", as more particularly defined in Section 3(a) of the Ordinance, the "Grants for Specific Regional Projects ", as more particularly defined in Section 3(b) of the Ordinance, and "Challenge Grants ", as more particularly defined in Section 3(c) of the Ordinance (collectively, the "Covered Projects ") and Interest Earnings Grants. SECTION 3. GENERAL Miami -Dade County administers all programs established under the Ordinance. Grant Recipients for Covered projects are required to follow these administrative rules. f=ailure to do so may lead to disqualification. Additional administrative rules and/or application materials may be obtained by contacting the Office of Safe Neighborhood Parks. All inquiries, correspondence and Grant Applications should be addressed to: Citizens` Oversight Committee Miami -Dade County Office of Capital improvements 111 N.W. 1 Street, Ste. 2130 Miami, Florida 33128 Attention: Veronica Rubert SECTION 4. DEFINITIONS The following Is a list of terms and definitions that are used in these administrative rules: "Acquisition" means the act of obtaining real property or interests and rights in real property by various legal means to sere public outdoor recreation purposes. RFp $Np68w FUN0tNGAPPLICXn0N 18 "Applicant" means a Public Agency or Not for - Profit Organization, which submits an application for Safe Neighborhood Parks bond funds during an announced Application Submission Period. "Application Submission Period" means the formally announced period of time for the submission of applications in a given Funding Cycle. "Committee" means the Citizens' Oversight Committee that is appointed by the Dade County Board of County Commissioners to administer the Safe Neighborhood Parks capital Improvement program. IWAAR subcommittee" means the Monitoring, Auditing & Administrative Rules Subcommittee, appointed by the Chair of the Committee to monitor the fiscal activities of the bond program and periodically review the Administrative Rules. "GR Subcommittee" means the Grant Review Subcommittee, appointed by the Chair of the Committee to perform the initial review of grant applications for recommendation to the Committee for potential award. "County" means Miami -Dada County, Florida. "Development' means the act of physically improving an area, facility, resource or site to increase its ability or capacity to serve public recreation and conservation purposes. "Fixtures, Furniture and Equipment (FF&E)" means t) Fixtures -- items that are permanently affixed to the park building or property, i.e., outdoor grills, benches, doors, bathroom stalls, A/C units etc.; 2) Fumiture- indoor furnishings needed to allow proper use of a building, €,e., desks, chairs, tables, workstations, etc.; and 3) Equipment - non - consumable tangible property with a life of at least one year and be directly related to the funded project, bleachers for courts, audlolvisuai equipment for community rooms, computers for computer labs, portable basketball goals for gymnasiums, etc. "Funding Cycle" means the time between the opening of an Application Submission Period and execution of a Grant Agreement by the County. "Grant" means Safe Neighborhood Parks bond funds approved for use by an Applicant for implementation of a Project pursuant to these rules. "Grant Agreement" means an executed contract between the County and a Grantee setting forth - mutual obligations regarding a Grant. "Grant Application" Is the process described in these rules to make a formal request for Grant funds that commences upon submission by an Applicant of a Grant Application Form and ends upon the execution of a Grant Agreement or a decision not to fund. "Grant Application Form" means the form • provided by the Office of Safe Neighborhood Parks, the submission of which commences the Grant Application process. w 6NPM9 FUNOINGAPPLICATION 10 "Grantee or Grant Recipient" means a Public Agency or Not - for -Profit Organization receiving a Grant "Match" means cash available in an amount equal to that awarded from the Safe Neighborhood Parks bond program. "Not for - Profit Organization" means any legally incorporated not-for-profit organization created under the laws of the State of Florida (the "State) and designated as a tax exempt entity by the United States Internal Revenue Service, which has among its purposes the provision of park and recreation services, gang prevention and intervention, tree - planting, or the conservation and preservation of lands for park, natural areas, scenic, historic, or open spaces. "Ordinance" means the Safe Neighborhood Parks Ordinance No. 96 -116. "Parks" means those areas of public land set aside for aesthetic, educational, recreational, or cultural use by the citizens of the County and the general public. "Preagreement Expenses" means eligible expenses identified in Section 6(B) of these rules incurred by a Grantee for accomplishment of a Project prior to full execution of a Grant Agreement. ,Effecffve October 1, 1999 Pre - agreement Expenses are limited to one (1 ) year prior to the application date of subsequent bond sales, unless previously approved by the Committee. "Project" means work that is the subject of a Grant Application. "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. "Soft Costs" means those costs NOT equipment or construction sub - contractors, are classified by the following three areas: related to construction material, labor, Soft Costs for the purpose of this Program • Project Administration - Grant Administration, Project Management (not related to construction supervision), Indirect costs( accounting /purchasing /personnel, etc), Imposed fees (e.g. PSA selection/B&Z processing fees) • Planning Services- Master Plan development and approval, Feasibility Studies • Design Services - Schematic design, Design development, Construction documents, Bidding or Negotiation, As Built Drawings "UMSA" means Unincorporated Municipal Service Area of the County, for which the County provides municipal services. SECTION S. FUNDING CYCLES; GRANT APPLICATION SUBMISSION PERIODS A Funding Cycle shall be established by the Committee on an annual basis related to RFP SNP0800 FUNDING APPLICATION 20 the sale of bonds, provided there are Safe Neighborhood Parks bonds remaining to be sold. Each Project detem7ined by the Committee and the Board of County Commissioners to be eligible may be funded during one or more f=unding Cycles. Each Safe Neighborhood Parks Project is funded through a Grant. Eligible Public Agencies and Not-for-Profit Organizations must apply for these Grants. Grant Agreements between the county and approved Applicants implement the Grants. Grant Applications shall be delivered on or before the last day of the announced Application Submission Period. The County shall publicize each Application Submission Period and other pertinent application information at least one (1) month prior to the deadline for submission of the Grant Application, unless otherwise waived by the Committee. 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 shall be publicly announced In newspapers of general circulation in the County. SECTION 6. GRANT APPLICATION A) Complete Grant Application. An Applicant must submit a complete Grant Application in order to receive an Award. A complete Grant Application means one that meets all the requirements of the Ordinance and these rules and is supported by proper documentation. Proper documentation includes all documentation reasonably required by the Committee or the County to enable determination of Project costs and compliance with the Ordinance. Such documentation shall include: 1) Completed Application Form. 2) Completed line item Budget. The line item budget must be submitted with budget justifications for the Pro�Agreement Soft Cost, Pre- Agreement Construction, Construction and f=ixture, Furniture and Equipment line items. The justification should provide detailed descriptions of the project elements. Reimbursement for PF&E is contipgent upon prior approval by the MAAR Subcommittee (see Section 98 -11). 3) L'ei#er(s) of commitment for matching funds equal to the grant request as required by the application. 4) Projected completion date for the Project. 5) Project location map. 6) For Development Projects, certification of ownership by the Public Agency or evidence of land tenure sufficient to satisfy the Committee that the project complies with the terns of the Ordinance. 7) A Public Agency shall submit a resolution, which at a minimum: (1) authorizes the execution of the Grant Agreement, (ii) commits the Public Agency to complete the Project (111) as applicable, commits the Public Agency to provide RfP SNPOM FUNDING APPLICATION 21 operating, maintenance and programming funds upon completion of the Project, to the extent allowed by law; and (iv) provides that the Grant shall not be used in substitution of other capital: project funding. 8) A Not - for -Profit Organization shall submit a board resolution which at a minimum: (1) authorizes the execution of the Grant Agreement; {ii) commits the organization to complete .the Project; (ill) and as applicable, commits the organization to provide operating, maintenance and programming funds upon completion of the Project. 9) An Applicant may request funding for a major Project in phases. Each phase shall constitute a distinct portion of the proposed Project. Each Applicant requesting funding for a Project in phases shall commit to completing the Project as defined In the Grant Agreement unless otherwise modified by approval of the Committee in accordance with these rules and the Ordinance. B) Pre - agreement Expenses. The incurring of Pre - agreement Expenses creates no obligation on the County to execute a Grant Agreement or otherwise satisfy those expenses. However, prior to the effective date of the Grant Agreement, a recipient may Incur eligible Pre - agreement Expenses as defined in Section 4., and then after the effective date of the Grant Agreement be reimbursed for those costs, provided that, 1) The costs and activities are funded as part of the Grant award and are in compliance with the requirements of the Ordinance and these rules. 2) The Pre - agreement Expenses for Series 97, 98 and 99 were incurred after July 26, 1996 and before the effective date of the contract. 8) The Pre - agreement Expenses for aft subsequent Series (after Series 99) were .incurred no earlier than one (1) year prior to the application date, unless previously approved by the Committee. SECTION 7. ELIGIBILITY REQUIREMENTS (CHALLENGE GRANTS) In order to be eligible for award under the construction and /or development of youth recreation and service facilities the Ordinance requires that the park, recreation and open space acquisition and development occur in or serve areas which "are identified as economically and /or socially disadvantaged consistent with Federal guidelines, where at least 51 percent of residents live at or below 80 percent of the County's medium income, and which possess a documented deficiency in recreation and open space opportunities defined as the difference between area supply and demand for facilities, programs and services. SECTION 8. ELIGIBILITY DETERMINATION Following closure of an Application Submission Period, the Subcommittee will review each Grant Application for funding eligibility and determine the eligibility or ineligibility of each of its Grant Applications. The Committee may declare a Grant Application to RPP SNPOS09 PUNDINCiAPPLICAMON 22 be: A. ineligible. Declaration that a Grant Application is Ineligible. B. Conditionally Eligible, The Committee may determine that a Project is eligible for funding upon satisfaction of specified conditions, In the event that conditional approval is given, Committee staff shall verify that the conditions have been satisfied prior to disbursement of any bond funds. C. Eligible. Declaration that a Grant Application is fully eligible. SECTION 9. GRAFT ADMINISTRATION & REIMBURSEMENT POLICY A) As a condition of award of a Grant the County and the Grantee shall enter into a Grant Agreement which sets forth the responsibilities and duties of each regarding administration of the approved Project and approved Grant. The Grant Agreement shall specify the Project's beginriing and end dates and shall Incorporate such other terms and conditions as may be required by particular circumstances. B) Payment. Grantees are paid allocated Grant funds subject to the following conditions: 1) Cost of issuance of Bonds. Not mare than one percent (1 %) of the value of each Grant award may be earmarked for all costs incidental to the preparation, issuance and administration of the Safe Neighborhood Parks bonds. 2) 7'lmtng Project costs eligible for reimbursement shall be incurred between the effective date of, and the Project completion date identified In, the Grant Agreement with the exception of Pre - agreement Expenses. 3) soft Cost Limits. Project Planning, Design and Administration, as defined in Section 4, are eligible Project soft costs provided that bond proceeds utilized to pay for such costs do not exceed seventeen percent (17 %) of the total bond proceeds allocated to a given Project. Where a major Project is funded in phases, this cost limit may not necessarily apply to each individual Project phase, but must apply to the total allocation for the Project, 4) Grantees will use their own procurement procedures, which reflect applicable Federal, state and local laws and regulations. 5) Grantees are responsible for managing the day -today operations of Grant supported activities. Grantees must monitor Grant supported activities to assure compliance with the Ordinance, these rules, the Grant Agreement, and all applicable Federal, State, and local requirements. 6) Payments to the Grantee may be withheld at any time that the Grantee fails to comply with Grant award conditions. Funds withheld for failure to comply with Grant award conditions but without suspension of the Grant shall be released to the Grantee upon subsequent compliance. 7) Completion of the authorized signature form (Exhibit A). PPP 9NPMEWUNDINGAPPLICATICN 23 8) in general, payment shall be made on a reimbursement basis. A Grant Recipient may, upon submission of a Request for Advance Payment form (Exhibit B), receive an advance payment of up to 25% of the value of the Safe Neighborhood Parks bond funds awarded for the subject Project. All advance payments received by a Grantee shall be maintained in a separate interest bearing account and may not be co- mingled with other funds. All advances must be fully accounted for within one (1) year of the date of the approval and before subsequent reimbursement requests are paid. The grantee will be required to close the account and submit a check to the County for the interest earned accompanied by an interest Earned on Advance Form (Exhibit C). Upon receipt of the check and supporting documentation all subsequent reimbursement requests can be paid. Checks must be made payable to Miami -Dade County Board of County Commissioners and forwarded to the Office of Safe Neighborhood Parks. 9) Grantees must submit reimbursement requests on a quarterly basis, December 31, March 31, June 30 and September 30. if a Grantee is unable to submit a reimbursement request by the quarterly deadline, a written justification indicating the reason for the delay and expected submission date Is required to be submitted by the deadline. Failure to comply with this requirement shall render the Grantee in non - compliance with the Administrative Rules and may result in reduction or forfeiture of payment, at the discretion of the MAAR Subcommittee. 10) Grantees shall complete, sign, and submit to the County Reimbursement Request forms as necessary (Exhibits D, through H). All Contractual Services /Direct Payment and FF &E reimbursement requests must be accompanied by supporting documentation (i.e., copies of invoices, receipts and check payments). Grantees are required to submit requests for 11) Reimbursement requests for FF &E items must be approved by the MAAR Subcommittee prior to submission of the request. INtftien requests for FF &E approval must be accompanied by Exhibit H. 12) Ten percent (10 0/4) of the value of the Safe Neighborhood Parks bond funding for a given Project shall be retained by the County until the Project is complete, unless otherwise approved in writing by the MAAR Subcommittee. Upon completion of a Project a signed project completion certificate (Exhibit I) must be submitted with the final reimbursement request forms in order for the retainer to be released. 18) The first reimbursement request for any grant requiring a dollar-for-dollar cash match must be accompanied by documentation of the expenditure of committed match funds (i.e. copies of invoices, canceled checks, etc.). 14) Each Grantee will ensure that all contractors and consultants perform in accordance with the terms, conditions and specifications of their contracts or purchase orders. IxFP $NPOWS FUNDING APPLICATION 24 15) Each Grantee shall maintain an accounting system, which meats generally accepted accounting principles and shall maintain all required financial records to properly account for all Safe Neighborhood Parks bond funds and any supplemental funds used for the Project. The Grantee shall at all times maintain a separate accounting of all Safe Neighborhood Parks bond funds. 16) The Grantee shall be responsible for completing the Project. If the total cost of the Project exceeds the value of the Grant, then the Grantee 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 Grantee must demonstrate that such supplemental funds have been committed to the Project prior to and as a condition of disbursement or further disbursement of Grant funds. The requirement for a Grantee to provide supplemental funds may be modified, in part or whole, by the Committee, to the extent that it approves in writing any reduction to the Project scope of work In accordance with the Ordinance. Approval of any reduction, in scope of work is at the sole discretion of the Committee_ C) Acquisition- Projects. Guidelines and requirements for administering Acquisition Project Grants are as follows. 1). Appraisal Required. Prior to acquisition of a Project site, a Grantee 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 Authadzed for Payment The amount of Grant funds authorized for payment for land acquisition shall in no case exceed the Grant funds available for such purpose. In the event that the negotiated acquisition price exceeds by ten percent or greater the appraised value of the land, the disbursement of Grant funds 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 Committee in writing. Appraisal costs are eligible Grant costs as long as the appraised property is being realistically and seriously considered for Acquisition, regardless of the outcome. 3) Environmental Survey. The Grantee may not purchase property with Grant funds until a Phase I environmental survey is completed, which demonstrates that the property is suitable for its intended general use and for the specific Project. 4) Slgnage. For Acquisition only Projects, for six months following Acquisition, the Grantee shall post a sign, in the general design provided by the County, containing the Safe Neighborhood Parks logo, identifying the source of Project funding. The cost of such a sign is eligible for payment from the Grant. OF SNPUM PUNDINGAPPLIM"nON i 26 5) Ownership. Title to land acquired with Safe Neighborhood Parks bond funds shall vest with a Public Agency. Facilities constructed /developed with Safe Neighborhood Parks bond funds shall vest with a Public Agency. D) Development Projects. Guidelines and requirements for administering Development Project Grants are as follows: 9) licensed Contractors; Contractor Bonds. Duly licensed or registered contractors shall perform all construction. Construction contracts for work In excess of the threshold amounts established in Section 255.20 of the Florida Statutes should contain payment and performance bonds, which comply with the requirements of that Section. 2) Cost Elements. a) Construction Equipment. Grantees are required to use their own equipment, if available, if a Grantee's equipment Is used, the maximum Grant payment shall cover operating and routine maintenance costs of such equipment; the Grant excludes any depreciation or replacement cost from payment. If an Applicant`s equipment is used, a report or source document must describe the work performed, Indicate the hours used and be relate the use to the Project. if a Grantee does not have needed construction equipment available, then the Grantee may rent such equipment. b) Construction Supplies.and fvlaterials. 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 Applicant 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 Applicant'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 Applicant's employees who perform work directly related to the accomplishment of the Project are eligible costs. "these costs must be computed according to the Applicant'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 Applicant'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 Applicant's established policy, provided that the regular work time was devoted to the same Project. Salaries and wages claimed for employees working on grant-funded Projects must not exceed the Applicant's established rates for similar positions. Alternative methodologies for established wage rates must be pre - approved by the MAAR Subcommittee. d) Consultant Services. The costs of oonsultant' services necessary for the Project are eligible. The Applicant must pay consultants according to the RFP SNPOM FUNCINGAPPLICAMON 26 Applicants customary or established method and rate. No consultant fee may be paid to the Applicant`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 worts) to the completion of a structure is eligible for payment from the Grant. b) Fixtures, Furnishings and Equipment (FF &E). The cost of fixtures, furnishings and equipment necessary to operate the facility is eligible. Consumable goods shah not be considered eligible. (Please refer to Section 4 for a detailed definition of ME) c) interpretive Signs and Aids. The cost of signs, display boards or other interpretive aids relating to the Project is eligible. d) Signage. During the time period of Development, the Grantee shall post a sign at the Project site, in the general design provided by the County, containing the Safe Neighborhood Parks logo, identifying the source of funding for the Project. The cost of such a sign Is eligible. e) Grantees are encouraged to use value- engineering clauses in contracts for construction projects of sufficient size to offer reasonable opportunities for cost reductions. 4) The following Is a nonexclusive list of ineligible costs: a) Grant Application costs. b) Ceremonial expenses. c) Expenses forpubliclty. d) Bonus payments of any kind. e) Charges In excess of the lowest responsive and responsible bid or proposal in accordance with the goveming rules and procedures of the Applicant, when the law requires the Applicant to utilize competitive selection. t) Charges for deficits or overdrafts. g) Charges incurred contrary to the policies and practices of the Applicant. h) Interest expense. 1) Litigation expenses or)udgments, except for those awards resufting from an eminent domain taking. J) The cost of services, material or equipment obtained under any other program. k) Costs of discounts not taken. 1) The cost of purchasing a non - refundable option when acquIting land. E) Budget Changes- 1 } Grantees shall adjust their Project budgets to reflect actual costs and updated cost estimates and shall submit adjusted Project budgets to the Office of Safe Neighborhood Parks with the project completion certificate. RFP 9NPOB0@ FUNDINGAPPLICATICN 27 2) Budget adjustments may not exceed the 17% limitation for design, planning, and program administration, nor exceed the total budget award allocation, 3) Grantees shall obtain the prior written approval of the Committee whenever budget adjustments are anticipated. The request must be in the same budget format the Grantee used in the Agreement and shag be accompanied by a narrative justification for the proposed revision. Such request for adjustment shall, if approved, amend the Grant Agreement under the Grant award. Requests for budget changes shall be considered by the Committee whenever any of the following adjustments are required: a) For any Project Involving both Acquisition and Development activities, any proposed budget transfers from Acquisition to Development or vice versa. b) Any proposed reduction or revision of the scope or objectives of the Project (regardless of whether there is an associated budget adjustment). However, in the event that a Grantee has completed the approved scope of work for a park and has unexpended funds, the Grantee may request to OSNP to expend theses funds In an existing or new budget fine item for the park. OSNP is authorized to approve such budget changes and expenses not to exceed $9,999.00. (Revised 3/18/02 by MAAR Subcommittee) c) Any change that would increase planning, design, and program administration in the aggregate total. F) Cost Overruns. During the execution of work on a Project, the Grantee may find that actual Project casts exceed the approved budget. For cost overruns that will require additional funding for the Project, or otherwise require a budget adjustment for which prior Committee approval is required pursuant to paragraph E above, the Grantee 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 Committee a reduction in the Project scope consistent with the terms of the Ordinance. The Committee, at its discretion, may authorize in writing a reduction in the scope of the Project: (0 where reduction of the scope is consistent with the Ordinance; and (11) where the reduction is justified by the Applicant and (111) where the Applicant does not have sufficient funds to complete the Project with the available funds. The Committee, in its discretion, may also under those circumstances, identify other funds available under the Ordinance for the Project. SECTION 14, COMPLIANCE RESPONSIBILITIES The following constitute general requirements for program compliance: A) An annual independent audit of SNP funds. must be submitted by all Grantees that expend WPSNP0809 FUNDINGAPPLIGATION 28 $500,000 or more in SNP funds in a fiscal year. This audit Is due to QSNP by June 11; following the fiscal year for which the audit Is performed. The audit shall examine for compliance with contract specifications, verification of project costs and the prevention of corruption and fraud. The cost of this audit may be paid from the general bond fund. Additionally, in accordance with SNP Bond Ordinance 96 -115, Section 13, the SNP Citizens' Oversight Committee may, at Its sole discretion, require recipients of any grant to retain the services of an independent private sector inspector general (IPSIG) to audit, investigate, monitor, oversee, Inspect and review the operations, activities and performance of it contractors. (Revised January If, 2007 by MARR Subcommiffee) A) Land and facilities acquired, developed, improved or rehabilitated by Grant funds shall be dedicated and maintained In perpetuity for recreational use for the benefit . of the general public except where leases are in effect. 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: B) Grant funds for the purposes of development, Improvement, rehabilitation or restoration shall be expended for these purposes only on lands owned by a Grantee or on lands for which the Grantee holds a lease or other use agreement. Such lease or other use agreement must be for an unexpired term of 25 years. The Grant Recipient may demonstrate the eligibility of the Project -to the reasonable satisfaction of the Committee, through a joint ownership, use, franchise or other agreement, evidencing that the lands and/or the Project will be utilized for the public benefit, consistent with the terms of this Ordinance, for a term of at least 25' years in duration. The lease must not be revocable at will. C) Grantee shall maintain ail financial and programmatic records, supporting documents and other records pertinent to the Grant for a period of three years from the starting date defined below. If any litigation, claim, negotiation, audit or other action involving the records has been started before the expiration of the three year period, the records must be retained until completion of the action and resolution of all issues which arise from it, or until the end of the regular three year period, whichever is later. When Grant 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 Grantee 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 Grantee submits its final expenditure report. D) The Committee 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 Grantee In order to make audits, examinations, excerpts and transcripts. E) if a Grantee materially fails to comply with arty term of an award, the Committee or the Office of Safe Neighborhood Parks (QSNP) may take one or more of the following actions, as appropriate in the circumstances: RFP SM809 FUNDING APPLICAMON 29 1) Temporarily withhold cash payments pending correction of the deficiency by the Grantee. 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 Grantee's program. 4) Withhold further Grant awards from the Grantee, or. S) Take other remedies that may be legally available. F) Any of the enforcement actions listed in paragraph F above, taken by the OSNP, which are contested and unresolved between the Grantee and the County within thirty days of such action, will result in the MAAR Subcommittee providing the Grantee with an opportunity to be heard on the Issue. Said hearing will occur within sixty days of the MAAR Subcommittee receiving the Grantee's written request. The MAAR Subcommittee will recommend appropriate action to the Committee. G) Costs of Grantee resulting from obligations incurred by the Grantee during a suspension or after termination of an award are not allowable unless OSNP expressly authorizes them in the notice of suspension or termination or subsequently authorizes them in writing. Other Grantee costs during suspension or after termination which are necessary and not reasonably avoidable are allowable If i) The costs result from obligations which were property incurred by the Grantee before the effective date of suspension or termination, are not in anticipation of it, and in the case of a termination, are non - cancelable;. and 2) The costs would be allowable if the award were not suspended or if the award expired normally at the end of the funding period in which the termination fakes effects. H) Inspections. Staff of the Committee or the County, or both, shall periodically inspect each Project to ensure compliance with these rules, the Ordinance, and the Grant agreement. Staff shall perform an inspection of the Project site to ensure compliance prior to release of the final Grant payment. SECTION 11. SEMI - ANNUAL PROJECT STATUS REPORTS Grantees are required to submit the Project Status Report on a semi- annual basis, in the format stipulated by OSNP. Additional reports shall be due upon request of the SNP Oversight Committee or the Office of Safe Neighborhood Parks. Reports may include: A) actual accomplishments of each grant B) problems encountered in implementation of each grant C) anticipated start andlor completion dates of each grant Grantee may be required to meet with the Committee to discuss the Project. RFP SNP0809 FUNDING APPLICATION 30 SECTION 12. PROJECT CLOSE -OUT A) A Grantee has up to forty -five (45) days after the expiration or termination of the Grant to submit all final documentation including final reimbursement requests and project completion certificates. B) The close -out of a Grant does not affect, 1) The County's right to disallow costs and recover funds on the basis of a later audit orreview. 2) The Grantee's obligation to return any funds due as a result of later refunds, corrections, or other transactions; 3) Records retention responsibilities set forth above; 4) Continuing responsibilities set forth in the Ordinance and these rules; 5) Audit rights set forth in these rules. C) Any amounts paid to Grantee in excess of the amount to which the Grantee Is finally determined to be entitled under the terms of an award constitute a debt to the County. If not paid within a reasonable period after demand, the County may reduce the deist by: 1) Making an administrative offset against otherrequests for reimbursement; 2) Withholding payments otherwise due to the Grantee; or 3) Taking other action provided bylaw. Any overdue debt of the Grantee shall accrue interest at the maximum rate allowed by law. SECTION 13. INTERPRETATION; ADMINISTRATiON These administrative rules have been promulgated under the Ordinance. In the event there exists a conflict between these rules and the provisions of the Ordinance, the Ordinance shall prevail. The MAAR Subcommittee shall be authorized to interpret the provisions of these administrative rules on behalf of the Committee and its interpretation of any matters governed hereby shall be final. The Committee shall be authorized to amend these administrative rules, by majority vote, in accordance with its duly adopted bylaws, subject to applicable law. Staff to the Committee shall be authorized and required to administer the Safe Neighborhood Parks bond program. consistent with. the Ordinance and these administrative rules. WP SNPMM FUNOINGAMOAMON 31 RESOLUTION NO.: 142 -09. -12951 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE FISCAL YEAR, 2009 GRANT AGREEMENT AMENDMENT WITH MIAMI -DADE COUNTY'S OFFICE OF COMMUNITY AND ECONOMIC DEVELOPMENT (OCED) FOR MURRAY PARK AQUATIC CENTER (SWIMMING POOL) CONSTRUCTION, THEREBY INCREASING THE AMOUNT OF FUNDING FROM $656,911.00 TO $766,911.00; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of South Miami was awarded a grant for swimming pool Construction Phase in the amount of $556,911.00 from Miami -Dade County's Office of Community and Economic Development; and WHEREAS, the City of South Miami is being awarded an additional $200,000.00 from Miami - Dade County's Office of Community and Economic Development for the Swimming Pool Construction Phase through a grant agreement amendment; and WHEREAS, the Mayor and City Commission wish to accept the grant agreement amendment with Miami -Dade County's Office of Community and Economic Development; and WHEREAS, the Mayor and City Commission authorize the City Manager to execute the grant agreement amendment with Miami -Dade County Office of Community and Economic Development for Murray Park Aquatic Center (Swimming Pool) Construction Phase increasing the amount of funding from $556,911.00 to $756,911.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1: The Mayor and City Commission authorize the City Manager to execute the grant agreement amendment with Miami -Dade County's Office of Community and Economic Development for Murray Park Aquatic Center (Swimming Pool) Construction Phase increasing the amount of funding from $556,911.00 to $756,911.00. Section 2: The attached exhibit is incorporated by reference Into this resolution. PASSED AND ADOPTED this 1 st day of September 2009. /ATTEST: Ct CLERK include File Name and Path APPROVED: /J"MAYOR. COMMISSION VOTE: 5 -0 Mayor Feliu: Yea Vice Mayor Beasley: Yea Commissioner Newman: Yea Commissioner Palmer. Yea Commissioner Sellars: Yea RESOLUTION NO.. 55_os -1 zas� A RESOLUTION OF THE. MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORI7JNG THE CITY MANAGER TO EXECUTE FISCAL YEAR. 2008 GRANT AGREEMENT WITH MIAMI -DADE COUNTY`S OFFICE OF COMMUNITY AND ECONOMIC DEVELOPMENT (OCED) FOR AQUATIC CENTER CONSTRUCTION IN THE AMOUNT OF $658,917,00, AND PROVIDING FOR AN EFFECTIVE DATE, • WHEREAS, the City of South Miaml'has been awarded a grant for Aquatic Center Construction Phase in the amount of $566,91.1,00 from Miami -Dade County's Office of Community and Economic Development, and . WHEREAS, the Mayor and City Commission wish to accept the grant agreement with Miami - Dade County's Office of Community and Economlo Development, and WHEREAS, the Mayor and City Commission authorize the City Manager to execute, the grant agreement with Miami -Dade County Office of Community and Economic Development for Aquatic Center Construction Phase In the amount of $556,911.00. NOW, THEREFORE, BE IT. RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT' Section 1: The Mayor and City Commission authorize the City Manager to execute the grant agreament with Miamf•Dade County's Offloe of Community and Economic Development for Aquatic Confer Construction Phase in the amount of $5581911.00. Section 2: The attached exhibit is incorporated by reference Into this resolution. PASSED AND ADOPTED this day of %� 2009. ATTEST: ETY CLERK READ AND APPROVED AS TO FORM: Ar�raRN�� indude Fite Nome 600 Poth APPROVED: I G J1 MAYOR COMMISSION VOTE: Mayor Folk. Vice Mayor Beasley: Commissioner Newman: Commissioner Palmer Commissioner Beaman: )-"4„ 3 -1 Yea Yea Flay absent: Yea