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2002-R-24
'-' ........ RESOLUTION NO. 2002-R-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEW A TER, VOLUSIA COUNTY, FLORIDA; AUTHORIZING SUBMISSION OF A VOLUSIA ECHO 2003 GRANTS-IN-AID APPLICATION TO THE COUNTY OF VOLUSIA; ASSURING DEDICATION AND A V AILABILITY OF THE REQUIRED FIFTY PERCENT (50%) MATCHING FUNDS; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO ENTER INTO A BINDING GRANT AWARD AGREEMENT AND RESTRICTIVE COVENANTS; PROVIDING FOR TRANSMITTAL OF THE ECHO GRANT APPLICATION AND CERTIFICATION TO VOL USIA COUNTY; PROVIDING SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Hawks Park, a forty-three (43) acre recreational complex, is located at 1108 South Ridgewood Avenue. WHEREAS, the City wishes to develop Phase III of the Park, located at 1108 South Ridgewood Avenue. WHEREAS, the City Council of the City of Edgewater, Volusia County, Florida, has authorized submission of a Volusia ECHO 2003 Grants-In-Aid application to Volusia County's Growth and Resource Management Department. WHEREAS, a copy of the ECHO 2003 Grants-In-Aid application is attached and incorporated herein as Exhibit "A". NOW, THEREFORE, BE IT RESOLVED by the City Council of The City of Edgewater, Florida Section 1. The City Council hereby authorizes submission of the Volusia ECHO 2003 Grants- In-Aid application to the County of Vol usia's Growth and Resource Management Department. Section 2. The project name for which the grant is requested will be known as Hawks Park Phase III. 2002-R-24 I ~ ......" Section 3. The total cost of the project is estimated to be eight hundred twenty-one thousand two hundred sixty-eight and no/lOO dollars ($821,268.00). Section 4. The City is requesting a grant in the amount of three hundred eighty-six thousand two hundred ninety-eight and no/100 dollars ($386,298.00). The City will provide contingency funds in the amount offorty-one thousand three hundred sixty-three and nollOO ($41,363.00). Section 5. The City has already expended or budgeted two hundred twenty-seven thousand four hundred eighty and nollOO dollars ($227,480.00) on the Project. The City hereby assures dedication and availability of additional matching funds, in the amount of two hundred seven thousand four hundred ninety and noll 00 dollars ($207,490.00) within ninety (90) days of the Grant award funding notification, which meets the required fifty percent (50%) match. Section 6. The City Council hereby authorizes the appropriate City Officials to enter into a binding grant award agreement and restrictive covenants. Section 7. The City is fiscally and legally responsible to satisfactorily develop, operate and maintain the Project. Section 8. The City Council hereby designates Jack Corder, Director of Parks and Recreation, to transmit a copy of this resolution, the certification and the original grant application and twenty copies to the County of V olusia' s Growth and Resource Management Department. Section 9. An official, adopted and certified resolution of the City of Edgewater, shall be included with the application. Section 10. That all resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed. Section 11. This resolution shall take effect upon adoption. 2002-R-24 2 0 0 After Motion by Counci imman Rhodes. and Second by the vote on this resolution was as follows: AYE Mayor Donald A. Schmidt x Councilman James P. Brown x Councilman Myron F. Hammond x Councilwoman Harriet E. Rhodes x Councilwoman Judith Lichter x Councilwoman Lichter NAY PASSED AND DULY ADOPTED this 1 eth day of November,2002. ATTEST: Susan .L,W swort� Clty Clerk: For the use and reliance only by the City of Edgewater, Florida Approved as to form and legality by: Scott A. Cookson, Esquire City Attorney Foley & Lardner 2002-R-24 3 CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By. Donald A. Schmidt Mayor fx'571.�vr�r Robin L. Ma sick Legal Assistant/Paralegal Approved by the City Council during the Council meeting held on the lath day of November, 2002 under Agenda Item 6-F .. ..", ...., ." EXPENSES MATCH ECHO TOTAL Amphitheater General Requirements (City) N/A $0 $0 Contractors Fee (City) N/ A $0 $0 Contingency Funds * see note below Concrete $0 $ 19,340 H.C. Railings $0 $ 4,000 Electrical $0 $ 9,500 Subtotal $0 $ 32,840 $ 32,840 Recreation Pedestrian Trail General Requirements (City) N/A $0 $0 Contractors Fee (City) N/A $0 $0 Contingency Funds * see note below Stone/F ines/Synthetics $0 $ 40,000 Subtotal $0 $ 40,000 $ 40,000 Specialties General Requirements (City) N/ A $0 $0 Contractors Fee (City) N/ A $0 $0 Contingency Funds * see note below Signs-DC $ 840 $ 840 Subtotal $ 840 $ 840 $ 1,680 Expense Total $434,970 $386,298 $821,268 * Note: Contingency fees in the amount of$41,063 have been approved and set aside by the City Council per Resolution 2002-R-24 , attached hereto and made a part of this application. INCOME/CASH and IN-KIND V olusia ECHO Pro~ram $386,298 Cash State Support Cash-PSC grant #1 $150,000 Cash-grant #2 $150,000 Cash-PSC $ 49,051 Subtotal $349,051 Cash Applicant Support Cash-DC $ 57,490 Cash-DC (concession) $ 24,000 Subtotal $ 81,490 In-Kind Applicant Support Irrigation System-PPI $ 4,429 Subtotal $ 4,429 Total $821,268 TAB 1 1.1 APPLICATION FORM PAGE 1 OF 3 2003 VOLUSIA ECHO APPLICATION FORM For ECHO Use Only & Time Received: Application No. 03- 1. Applicant: (Legal name of organization as shown on IRS 501(c)(3) letter) City of Edgewater Applicant name: continued if applicable (dab, dept., etc.) Edgewater Leisure Services Address: (Mailing) P.O. Box 100 City: Edgewater State: F1 Zip Code:32132-100 Address: (Street) 104 N. Riverside Drive City: Edgewater State: F1 Zip Code: 32132 Telephone:(Area/Number) (386)424-2485 Fax#: (Area/Number) (386)424-2416 Email: jcorder@cityofedgewater.org Other: 2. FEID #: 3. Resident County Council District of Project: l.3 59-600314 4. Contact Person: First: Jack Last: Corder Title: Leisure, Services Director - Contact Penon's Telephone Number: E-Mail Address: (386) 424-2485 icorder@citvofedgewater.ore 5. Project Title: Hawks Park Phase III 6. Project Location Address: 1108 S. Ridgewood Ave. City: Edgewater Zip Code: 32132 7. Type of Project: (See page 12) Single-Pha❑ Mse-ultiphase ❑ Check One: a) Acquisition ❑ b) Renovation ❑ c) Restoration ❑ d) New Construction ® e) Other ❑ (explain) 8. ECHO Project Category (see definitions page 9) Checkmark all that aonly: E ❑ (EsvironmentaMcologiml) C ❑ (Cultunp H ❑ (Histod.UHeritage) O X❑ (Outdoor Recreation) \\VCDSYS\GM\COMMONVWDGE\Graatapp\CC Approved Applimfi=200310-3-02.doc TAB 1 Page PAGE 2 OF 3 - APPLICATION FORM 1.1 9. The project facility is (check one): ❑X owned by the applicant ❑ leased by the applicant ❑ applicant requests acquisition If leased or requesting acquisition, list the lessor or current owner, contact and address: The property is owned by the applicant Length of lease: _ Lease date from _ to _ (indude the day/year) No lease involved Note: Leases must be binding and non -cancelable. 10. Is the project site mortgaged? 0 Yes ® No How much is the mortgage? S Length of mortgage: _ years. Date the term ends? What is the Name and address of the Mortgagee? There is no mortgage on the property Note: Mortgagee must agree to sign the Restrictive Covenant if a grant is awarded. 11. Type of Organization (must be either "a" or "b" to be eligible.) a) The applicant is a city government or department of Volusia County. Yes © No ❑ b) If "no" to (a) above, is the applicant organization: 1) incorporated or authorized as a Florida Not For Profit corporation in good standing, pursuant to Chapter 617, Florida statutes? ❑ Yes ❑ No City Government AND 2) determined by the IRS as a tax-exempt corporation, as defined in Section 501(c)(3) of the Internal Revenue Code of 1954, and designated as being in compliance with s. 170 of the Internal Revenue Code of 1954, for a minimum of two years at the time of application? ❑ Yes ® No Tax exempt municipality 12. Mandatory Workshop date attended: Attended by: 10/5/02 Lynne Plaskett 13. Project funding: a) Total Amount Requested from the Volusia ECHO Program S 386,298 b) Confirmed Matching Funds for this Project: $ 434,970 TOTAL PROJECT COST (This application grant and match): S 821,268 \\VCIV YS\GM\COMMONWODGE\Grant app\CC App oved Appliwtien 2003 10-3-02.doc TAB Page 2 1.2 PROJECT TEAM The following team has been established for the City of Edgewater's Hawks Park, Phase III project: Engineer Architect Proiect Manager Dickens & Associates Dickens & Associates, Inc. City of Edgewater Edward Best P.E., Dana M. Smith, AIA Jack Corder Chairman and CEO President, Director of Architecture Leisure Services 233 Oakridge Street 233 Oakridge Street Director Daytona Beach, Fl. 32117 Daytona Beach, Fl. 32117 P.O. Box 100 Edgewater Fl. 32132 The General Contractor will be selected upon initiating Request for Proposals (RFP) in May/June 2003, after a pre -bid conference, bid opening and award by the City Council. 1.3 MANAGEMENT PROSPECTUS AND POLICY STATEMENT (1) Existing organizational structure: The City of Edgewater's organizational management structure for this project consists of the City Manager, Finance Director, Leisure Services Director, Leisure Services Parks Superintendent and Recreation Superintendent (see Tab 9 for complete organizational chart). (a) The Leisure Services Director and the Finance Director, will be responsible for the management of the grant if awarded. The Finance Director is accountable for the financial administration of the grant and is responsible for financial tracking of expenses to ensure compliance with grant conditions and the preparation of quarterly and yearly reports. (b) The Leisure Services Director and Parks Superintendent will manage the project construction and administer future operational and maintenance needs. (2) Management Policy: The management policy of the applicant for this project is: To provide and enhance, education, recreation opportunities and programs, for the general public through adequate planning, operating budgets, personnel and proper management techniques. TAB 1: Page 3 I/We certify that all of the information contained within this applicatiop and subsequent attachments is true and correct to the best of my/our. knowledge, and that the project for which application is made shad be in compliance with the Americans with Disabilities Act of 1990, and that should a grant be awarded, the organization agrees to comply with the conditions of the grant award agreement including the, Restrictive Covenants. 1. OFECIAL WITH AUTHORI 0 CONTRACT FOR THE -OWNER OF THE PROPERTY- S' atu Typed Name: Donald Rrhrdldt �a os a Title: Date: Mayor Phone Number: - 386 424-2400 2. OFMCLIL WITH AUTHORITY TO CONTRACT FOR THE APPLICANT Signature: Typed Name. Kenneth Hooper Tide: Date: City Manager Phone Number: 386 424-2404 3. CHIEF FINANCIAL OFFICER FOR THE APPLICANT Signature: -... :. Typed Name; ,_.. ... _ Jon William, Title: Date: Finance Director Phone Number; 424-2471 4. CONTACT PERSON AS LISTED ON FIRST PAGE OF APPLICATION FORM Signature: Typed Name: , Jack Corder 'I-z /✓,? 6OL Title: / %- - - Date: Leisure Se2�vlces Director Phone Number: 386 424-2485 %WMYS WCOMMONWODME nt app\CC Approved Application200310d42doc men t ➢a on 4 1.5 PROFESSIONAL CERTIFICATION: PROJECT ARCHITECUENGINEER NAME AND ADDRESS OF PROJECT ARCHITECT/ENGINEER: Dickens and Associates 233 Oakridge -Street Daytona Beach F1 37117 APPLICANT NAME AND PROJECT TITLE: City of Edgewater Hawke Park.. Phase III ' The following preparatory documents for Project Planning have been completed: ❑x preliminary and schematic drawings complete ® design and development documents complete ® construction documents complete I certify that I have reviewed this application and certify that the technical project information is correct as sited. Architect/Engineer— Printed name• panaSmith- - - Signature: Date: 12.5.0Z 1.5 PROFESSIONAL CERTIFICATION: PROJECT CONTRACTOR NAME AND ADDRESS OF PROJECT CONTRACTOR: APPLICANT NAME AND PROJECT TITLE: City of Edgewater Hawks Park Phase III following The following Preparatory documents for Project Planning have been completed: preliminary and schematic drawings complete ® design and development documents complete ® construction documents complete I certify that I have reviewed this application and certify that the technical project information is correct as sited. Project Contractor — Printed name: Signature: Date: \WCI\SYS\GM\COMMONWODGE\Granlapp\CC Approved Appioaeion100310-302.doo TAB I Page 5 TAB 2 TAB 2: SCOPE OF WORK PROJECT NARRATIVE 2.1 SINGLE PHASE (1) Hawks Park contains 43 acres and is designated as a Community Park on Volusia County's Recreation Master Plan. A Community Park (this size) is defined and intended to serve a population of approximately 40,000 people within a three (3) mile radius (see Tab 9 for map). The scope of work for Hawks Park Phase III, consists of capital facilities that support outdoor recreation uses as defined in the ECHO grant definitions. They include purchase and installation of 18, 90-foot high, lighting structure systems including lumina'Ire assembly (with 132, 1500 watt lamps), and Tbree-Phase electrical service for three (3) Little League fields, and one (1) regulation size Baseball field; a 920 square foot public restroom support facility; construction of a 3,000 square foot amphitheater, for outdoor concerts in the Park; over one mile of recreation pedestrian trail and signage. The recreation pedestrian trail will extend from the historical museum parking area and meander around the amphitheater and ball fields and connect to an existing recreation pedestrian trail in an eight -acre nature preserve (conservation area). The restroom will provide the public support facilities necessary to serve the amphitheater, ball fields and conservation area (2) The expenditures associated with this project include: (a) ECHO grant funds of $96,268 for site work, $178,397 for the lighting structure systems, $37,953 for the public restroom support facility, $32,840 for the amphitheater; $40,000 for the recreation C pedestrian trail and $840 for signage and; (b) Matching funds of $19,880 for architectural/engineering services, $207,600 for site work, $168,397 for the lighting structure systems, $38,253 for the public restroom support facility, and $840 for signage. (3) The proposed time line for this project is as follows: A (a) Coustruetion Schedule Juae 2003 July 2003 Aug. 2003 Sept 2003 OcL 2003 Nov. 2003 Deo 2003 Jan. 2004 Feb. 2004 Mar. 2004 Lighting Structure System x x x x x Restroom Support Facility x X x x X Recreation Pedestrian Trail x x x X X Amphitheater x x Site Work x x x x (b) Fund Expenditures Juue 2003 July 2003 Aug. 2003 Sept 2003 Oct 2003 Nov. M03 Den 2003 Jan. 2004 Feb. 2004 Mar. 2000 Lighting Structure System M M M E E Restroom Support Facility M M M E E Recreation Pedestrian Trail E E E E E Amphitheater E E Site Work E E E E M = Matching Funds E = ECHO Funds TAB 2: Page 4 (4) The right sports lighting enhances the whole recreation experience, from performance and spectating to safety and security. This lighting system will also provide the availability to offer evening games and activities. The restrooms will accommodate the necessary support facilities needed for public health. The amphitheater and recreation pedestrian trail will comply with the accessibility guidelines under the Americans with Disabilities Act. Water, sewer and power are available to the site. The project is located in a low-income area as defined by HUD, and will positively impact the area by its proximity and easy accessibility. (5) The lighting system will have, 50/30 and 30/20 foot-candles with shields, to prevent intrusion on any residential (approximately 8) homes and will be shut off when not in use. The restroom building will have a metal roof to aid in reflecting heat. Recycled materials will be used for recreation pedestrian trail signs. (6) The public will have full access to the ball fields and restroom support facility in October 2003, the recreation pedestrian trail in January 2004 and the amphitheater in February 2004. (7) Measurable Objectives/Goals 1. Construct project within one year of grant award. 2. Ensure the financial administration and tracking of expenses are in compliance with grant conditions and prepare quarterly and yearly reports. 3. Provide partial or full public access upon completion of each aspect of the project. 2.2 MULTIPHASE / EXCEPTIONAL PROJECTS The City of Edgewater is not applying for this type of project TAB: 2 Page 5 2.3 ALL PROJECTS / Drier and current phases (1) Phase I of this 43 acre project, included construction of a 19,000 square foot recreational complex building (operated per agreement, by Daytona Beach YMCA), recreation maintenance building, parking, infrastructure improvements and a recreation pedestrian trail through 8 acres of a scrub jay and gopher tortoise habitat preservation area, completed in July 2001. A 5,076 square foot outdoor heated family swimming pool, and bathhouse, opened in July 2002. The pool has a slide, rainfall, and spray bollard features and a zero entry area for the physically challenged. The total costs for Phase I including land acquisition was $ 3,100,268. Phase II, including land acquisition, consisted of restoration and conversion of an historic homestead into a historical museum, cultural art exhibition room and staff offices, handicapped parking and accessibility ramps, land clearing, landscaping and signage. This phase was completed in October 2002, at a cost of $493,192. (2) Phase IB (current project). Work in progress and not completed at the time of this application includes the recreation ball fields dug outs, back stops and fencing. (a) The proposed schedule for completion is May 2003. (b) ECHO grant funds in the amount of $386,298 is requested for completion of Phase III. (c) $199,051 of the grant match has been expended prior to this grant application. Total expenditures on the Hawks Park project (to date), is $3,792,511. Future Hawks Park projects will include construction of a cultural learning center and an arboretum. In addition, Edgewater has a 99-year lease with the Volusia County School Board on 10 acres of adjacent land that will be developed by the City as a soccer complex. TAB: 2 Page 6 TAB 3 TAB 3: BUDGET DETAIL / MATCHING FUNDS 3.1 PROJECT BUDGET DETAIL (1) EXPENSES MATCH ECHO TOTAL Architectural/Engineering Design/Development Drawings- PSC $ 15,000 $0 Surveying- PSC $ 4,880 $0 Subtotal $ 19,880 $0 $ 19,880 Site Development General Requirements (City)* see 3.2 $0 Contractors Fee (City)* see 3.2 $0 Contingency Funds * see note below Ball Fields Constmction -PSC $150,000 Conservation Area-PSC $ 18,671 Concession-UC $ 24,000 Clearing $0 $ 13,000 Fill $0 $ 23,130 Drainage $0 $ 60,138 Ini ation-PPI $ 4,429 Foot Bridge-PSC $ 10,500 Subtotal $207,600 $ 96,268 $303,868 LigbtingStructure Systems General Requirements-UC $ 6,000 Contractors Fee- UC $ 19,619 $ 19,619 Contingency Funds * see note below Poles-UC $ 75,750 $ 81,275 Fixtures-UC $ 23,100 $ 25,563 Electrical (inc. under ound)-UC S 43,928 $ 51,940 Subtotal $168,397 $178,397 $346,794 Public Restroom Support Fac. General Requirements-UC $ 300 $0 Contractors Fee- UC $ 3,910 $ 3,910 Contingency Funds * see note below Concrete-UC $ 9,054 $ 9,054 Metals-UC $ 183 $ 183 Wood and Plastic-UC $ 2,511 $ 2,511 Roof and Structure-UC $ 9,469 $ 9,469 Doors and Windows-UC $ 1,150 $ 1,150 Electrical-UC $ 3,172 $ 3,172 Plumbing-UC $ 5,522 $ 5,522 Furnishings (hardware)-UC $ 165 $ 165 Finishes (tile/paint/inter. Exter. -UC $ 2,817 $ 2,817 Subtotal $ 38,253 $ 37,953 $ 76,206 TAB 3: Page 7 EXPENSES MATCH ECHO TOTAL Amphitheater General Requirements (City)* see 3.2 $0 $0 Contractors Fee (City) * see 3.2 $0 $0 Contingency Funds * see note below Concrete $0 $ 19,340 H.C. Railings $0 $ 4,000 Electrical $0 $ 9,500 Subtotal $0 $ 32,840 $ 32,840 Recreation Pedestrian Trail General Requirements (City)* see 3.2 $0 $0 Contractors Fee (City) * see 3.2 $0 $0 Contingency Funds * see note below Stone/Fines/Synthetics $0 $.40,000 Subtotal $0 $ 40,000 $ 40,000 Specialties General Requirements (City)* see 3.2 $0 $0 Contractors Fee(City) * see 3.2 $0 $0 Contingency Funds * see note below Si s-UC 1 $ 840 $ 840 Subtotal $ 840 $ 840 $ 1,680 Expense Total 1 $434,970 $386,298 $821,268 * Note: Contingency funds in the amount of $41,363 have been approved and set aside by the City Council per Resolution 2002-R-24, attached hereto and made a part of this application. INCOME/CASH and IN -HIND Volusia ECHO Program $386,298 Cash State Support Cash-PSC grant #1 $150,000 Cash-UC grant #2 (inc. cash match) $150,000 Cash-PSC $ 49,051 Subtotal $349,051 Cash Applicant Support Cash-UC $ 57,490 Cash-UC (concession) $ 24,000 Subtotal $ 81,490 In -Kind Applicant Support Irri ation S stem-PPI $ 4,429 Subtotal $ 4,429 Total $821,268 TAB: 3 Page 8 3.2 MATCHING FUNDS STATEMENT (1) The City of Edgewater has received two (2) FRDAP grants. One in the amount of $150,000 and one in the amount of $112,500 with a cash match of $37,500 for a total of $300,000 for this project. The City's required portion of the ECHO grant's 50% match is $410,634. The City is providing $434,970 of matching funds of which $199,051 (including grant #1) has previously been spent as well as previously provided In -Kind services in the amount of $4,429. The City's Leisure Services Department has the equipment and labor force to provide all services necessary for site development, construction of the amphitheater, recreation pedestrian trail and signage. Therefore, no general requirements or contracting fees are calculated for these particular aspects of the project. However, the City has reserved $41,363 in contingency funds as required and described in the attached resolution. (2) MATCH SUMMARY CHART Unencumbered Cash on Hand (UC) $231,490 28 % of Total Match Cash (PSC) $199,051 24 % of Total Match In -Kind (PPI) S 4,429 1% of Total Match TOTAL MATCH $434,970 53 % MATCH 3.3 MATCH DOCUMENTATION Attached and made a part of this grant request, are copies of the official grant award agreements between the City of Edgewater and Florida Recreation Development Assistance Program (FRDAP) for this project. Note: The amount of funds awarded for the second FRDAP grant was reduced from the original application request. Included is Resolution 2002-R-24 allocating the matching and contingency funds for this project and a line item budget analysis for Hawks Park. TAB 3: Page 9 FRDAF C IVANT W i (DEP Contract Number) FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM Project Grant Agreement - Development This Agreement is made and entered into this day of pc'bber , 200Q, by and between the State of Florida, DEPARTMENT of Environmental Protection, hereinafter called the DEPARTMENT, and the City_of Edgewater, hereinafter called the GRANTEE, in furtherance of an approved pulllic outdoor recreation project. In consideration of the mutual covenants contained herein and pursuant to as. 375.021 and 375.075, Florida Statutes, and Chapter 62D-5, Part V, Florida Administrative Code, the parties hereto agree as follows: 1. This Agreement shall be performed in accordance with ss. 375.021 and 375.075, Florida Statutes, and Chapter 62D-5, Part V, Florida Administrative Code, hereinafter called the RULE. The GRANTEE shall comply with all provisions of the RULE, which is incorporated into this Agreement by reference, as if fully set forth herein. It is the intent of the DEPARTMENT and the GRANTEE that none of the provisions of Section 163.01, Florida Statutes, shall have application to this Agreement. 2. Failure to comply with the provisions of the RULE or the terms and conditions of this Agreement will result in cancellation of the Agreement by the DEPARTMENT. The DEPARTMENT shall give the GRANTEE in violation of the RULE or this Agreement a notice in writing Page 1 of 13 of the particular violations stating a reasonable time to comply. Failure to comply within the time period stated in the written notice shall result in cancellation of the Agreement and may result in the imposition of the terms in Paragraph 21. 3. The DEPARTMENT has found that public outdoor recreation is the primary purpose of the project known as Ballfield Development - Phase II (Florida Recreation Development Assistance Program, FRDAP Project Number F01242), hereinafter called the PROJECT, and enters into this Agreement with the GRANTEE for the development of that real property, the legal description of which shall be submitted to the DEPARTMENT as described in the Florida Recreation Development Assistance Program Development Project Pre-reimbursement/Commencement Documentation Form, DEP Form FPS-A034. 4. If the DEPARTMENT determines that site control is not sufficient under the RULE the DEPARTMENT shall give the applicant a notice in writing and a reasonable time to comply. If the deficiency cannot be reasonably corrected within the deficiency period or within the time specified in the letter, whichever is later, the DEPARTMENT shall cancel this AGREEMENT. 5. The GRANTEE shall construct, or cause to be constructed, certain public outdoor recreation facilities and improvements consisting of the following PROJECT elements which may be modified by the DEPARTMENT if GRANTEE shows good cause: Softball, Baseball, and Little League Ballfields, and other related support facilities. 6. Prior to commencement of PROJECT land development, the GRANTEE shall submit the documentation required by the Florida Page 2 of 13 Recreation Development Assistance Program Development Project Pre- reimbursement/Commencement Documentation Form, DEP Form FPS-A034, referenced in S. 62D-D.058(6)(f) of the RULE, to the DEPARTMENT upon determining that the documentation complies with the RULE, the DEPARTMENT will give notice to GRANTEE to commence the development. 7. The DEPARTMENT shall pay, on a reimbursement basis, to the GRANTEE, funds not to exceed $150,000.00, which will pay the DEPARTMENT'S share of the cost of the PROJECT. DEPARTMENT fund limits are based upon the following: DEPARTMENT Amount $ 150,000.00 50% GRANTEE Match $ 150,000.00 50% Type of Match Land Value The PROJECT reimbursement request shall include all documentation required by the DEPARTMENT for a proper pre -audit and post -audit review. Within sixty (60) days after receipt of the request, the DEPARTMENT'S Contract Manager shall review the completion documentation and payment request from the GRANTEE for the PROJECT. If the documentation is sufficient and meets the requirements of the Florida Recreation Development Assistance Program Completion Documentation Form, DEP Form FPS-A037, referenced in s. 62D- 5.058(6)2(g), the DEPARTMENT will approve the request for payment. 8. Prior to commencement of PROJECT construction, the GRANTEE shall submit for DEPARTMENT approval the documentation described in the Florida Recreation Development Assistance Program Development Project Pre-reimbursement/Commencement Documentation Form, Page 3 of 13 Form FPS-A034, referenced in s. 62D-5.05B(7)(c)of the RULE, the DEPARTMENT will approve the request for payment. 9. The Grantee shall obtain all required local, state and federal environmental construction permits and approvals prior to commencement of project construction and shall certify to the Department by completing the Permitting Certification, FPS-A034, referenced in s. 62D-5.058(7)(c) of the RULE. 10. The GRANTEE agrees to comply with the Division of Recreation and Parks' Grant and Contract Accountability Procedure, hereinafter called the PROCEDURE and incorporated into this Agreement by reference as if fully set forth herein. All purchases of goods and services for accomplishment of the PROJECT shall be secured in accordance with the GRANTEE'S adopted procurement procedures. Expenses representing the PROJECT costs, including the required matching contribution, shall be reported to the DEPARTMENT and summarized on certification forms provided in the PROCEDURE. The DEPARTMENT and GRANTEE agree to use the PROCEDURE guidelines accounting for FRDAP funds disbursed under the PROJECT. The parties further agree that the principles for determining the eligible costs, supporting documentation and minimum reporting requirements of the PROCEDURE shall be used. 11. The GRANTEE shall retain all records supporting PROJECT costs for three (3) years after the fiscal year in which the final PROJECT payment was released by the DEPARTMENT or until final resolution of matters resulting from any litigation, claim or audit that started prior to the expiration of the three-year retention Page 4 of 13 period. The DEPARTMENT, State Auditor General, State Comptroller and other agencies or entities with jurisdiction shall have the right to inspect and audit the GRANTEE'S records for said PROJECT within the three year retention period. 12. PROJECT funds may be reimbursed for eligible preagreement expenses (as defined in s. 62D-5.054(29) of the RULE) incurred by GRANTEE prior to execution of this Agreement as set forth in s.62D-5.055(9) of the RULE. The DEPARTMENT and the GRANTEE fully understand and agree that there shall be no reimbursement of PROJECT funds by,the DEPARTMENT for any expenditure made prior to the execution of this Agreement with the exception of those expenditures which meet the requirements of the foregoing sections of the RULE. 13. This Agreement shall become effective upon execution and the GRANTEE shall complete construction of all PROJECT elements c or before QC+- 3I1 2 002.. The completion date may be extended by the DEPARTMENT for good cause at the written request of the GRANTEE and such request must be made prior to the PROJECT completion date. 14. The DEPARTMENT'S Contract Manager for the purpose of this Agreement shall be responsible for ensuring performance of its terms and conditions and shall approve all reimbursement requests prior to payment. The GRANTEE'S Liaison Agent, as identified in the PROJECT application, or successor, shall act on behalf of the GRANTEE relative to the provisions of this Agreement. The GRANTEE'S Liaison Agent, shall submit to the DEPARTMENT signed PROJECT status reports every ninety (90) days summarizing the work accomplished, problems encountered, percentage of completion, and other information which may Page 5 of 13 be requested by the DEPARTMENT. Photographs to reflect the construction work accomplished shall be submitted when the DEPARTMENT requests them. 15. All monies expended by the GRANTEE for the purpose contained herein shall be subject to pre -audit review and approval by the Comptroller of Florida in accordance with s. 17.03, Florida Statutes. 16. Each party hereto agrees that it shall be solely responsible for the wrongful acts of its employees and agents. However,.nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of s. 768.28, Florida Statutes. 17. The GRANTEE shall comply with all federal, state and local rules and regulations in acquiring and developing this PROJECT. The GRANTEE acknowledges that this requirement includes compliance with all federal, state and local health and safety rules and regulations. The GRANTEE further agrees to ensure that the GRANTEE'S contract will include the requirements of this paragraph in all subcontracts made to perform this Agreement. 18. The DEPARTMENT has the right to inspect the PROJECT and any and all records related thereto at any reasonable time. 19. This Agreement may be unilaterally canceled by the DEPARTMENT in the event the GRANTEE refuses to allow public access to all documents, papers, letters or other materials made or received in conjunction with this Agreement pursuant to the provisions of Chapter 119, Florida Statutes. Page 6 of 13 20. Following receipt of an audit report identifying any reimbursement due the DEPARTMENT for the GRANTEE'S non-compliance with this Agreement, the GRANTEE will be allowed a maximum of thirty (30) days to submit additional pertinent documentation to offset the amount identified as being due the DEPARTMENT. The DEPARTMENT, following a review of the documentation submitted by the GRANTEE, will inform the GRANTEE of any reimbursement due the DEPARTMENT. 21. The DEPARTMENT shall also have the right to demand a refund, either in whole or in part, of the FRDAP funds provided to the GRANTEE for non-compliance with the material terms of this Agreement. The GRANTEE, upon such written notification from the DEPARTMENT, shall refund, and shall forthwith pay to the DEPARTMENT, the amount of money demanded by the DEPARTMENT. Such refund shall include interest calculated at two (2) percent over the prevailing prime rate as reported by the Federal Reserve on the date the DEPARTMENT calculates the amount of refund due. Interest shall be calculated from the date(s) of payment(s) to the GRANTEE by the DEPARTMENT to the date repayment is made by GRANTEE. 22. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Florida Legislature. 23. Allowable indirect costs shall not exceed 15% of the GRANTEE'S eligible wages and salaries. Indirect costs that exceed 15% must be approved in advance by the DEPARTMENT to be considered eligible PROJECT expenses. - Page 7 of 13 24. If asphalt paving is required for the PROJECT it shall conform to the Florida Department of Transportation's specifications for road and bridge construction. Bid specifications, contracts and/or purchase orders of the GRANTEE must specify thickness of asphalt and square yards to be paved. 25. Prior to final reimbursement, the GRANTEE must erect a permanent information sign on the PROJECT site which credits PROJECT funding or a portion thereof, from the Florida Department of Environmental Protection and the Florida Recreation Development Assistance Program. 26. Land owned by the GRANTEE, which is developed or acquired with FRDAP funds, shall be dedicated in perpetuity as an outdoor recreation site by the GRANTEE for the use and benefit of the public as stated in Administrative Rule 62D-5.059(2). The dedication must be recorded in the public property records by the GRANTEE. Land under control other than by ownership of the GRANTEE such as by lease, shall be dedicated as an outdoor recreation area for the use and benefit of the general public for a minimum period of twenty-five (25) years from the completion date set forth in the PROJECT completion certificate. The dedications must be recorded in the public property records by the GRANTEE. Such PROJECT shall be open at reasonable times and shall be managed in a safe and attractive manner appropriate for public use. 27. The employment of unauthorized aliens.by any GRANTEE is considered a violation of s. 274A(e) of the Immigration and Nationality Act. If the GRANTEE knowingly employs unauthorized Page 8 of 13 aliens, such violation shall be cause for unilateral cancellation of this Agreement. The GRANTEE shall be responsible for including this provision in all subcontracts with private organizations made to perform this Agreement. 28. No person on the grounds of race, creed, color, national origin, age, sex, marital status or ability level, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement. .29. This Agreement strictly prohibits the expenditure of FRDAP funds for the purpose of lobbying the Florida Legislature, the judicial branch, or a state agency. 30. Any local governmental entity, nonprofit organization, or for -profit organization that is awarded funds from a grants and aids appropriation by state agency shall: (a) If the amounts received exceed $100,000, have an audit performed in accordance with the rules of the Auditor General promulgated pursuant to s. 11.45, Florida Statutes; or (b) If the amounts received exceed $25,000, but do not exceed $100,000, have an audit performed in accordance with the rules of the Auditor General promulgated pursuant to s. 11.45, Florida Statutes, or have a statement prepared by an independent certified public accountant which attests that the receiving entity or organization has complied with the provisions of this Agreement; or (c) If the amounts received do not exceed $25,000, have the head of the entity or organization attest, under penalties of perjury, that Page 9 of 13 the entity or organization has complied with the provisions of this Agreement. 31. Pursuant to s. 215.422, Florida Statutes, the DEPARTMENT's Project Manager shall have five (5) working days, unless otherwise specified herein, to inspect and approve the payment requests for payment. The DEPARTMENT must submit a request for payment to the Florida DEPARTMENT of Banking and Finance within twenty (20) days; and the DEPARTMENT of Banking and Finance has fifteen (15) days to issue a warrant. Days are calculated from the date the invoice is received or the date the services are received, inspected, and approved, whichever is later. Invoice payment requirements do not start until a complete and correct invoice has been received. Invoices which have to be returned to the GRANTEE for correction(s) will result in a delay in the payment. A Vendor Ombudsman has been established within the Florida DEPARTMENT of Banking and Finance who may be contacted if a contractor is experiencing problems in obtaining timely payment(s) from a State of Florida agency. The Vendor Ombudsman may be contacted at 850/488-2924 or 1-800-848-3792. 32. In accordance with s. 215.422, Florida Statutes, the DEPARTMENT shall pay the GRANTEE interest at a rate as established by s. 55.03(1), Florida Statutes, on the unpaid balance, if a warrant in payment of an invoice is not issued within 40 days after receipt of a correct invoice and receipt, inspection, and approval of the goods and services. Interest payments of less than $1 will not be enforced unless the GRANTEE requests payment. The interest rate established pursuant to s. 55.03(1), Florida Statutes, by Comptroller's Memorandum Page 10 of 13 No. 11 (1998-99) dated December 2, 1999, has been set at 10.0% per D annum or .02740% per day. The revised interest rate for each calendar year beyond 1999 for which the term of this Agreement is in effect can be obtained by calling the DEPARTMENT of Banking and Finance, Vendor Ombudsman at the telephone number provided above or the DEPARTMENT's Contracts Section at 850/922-5942. 33. A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not perform work as a grantee, contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017, Florida Statutes, or Category Two, for a period of 36 months from the date of being placed on the convicted vendor list. 34. In addition, a copy of the audit or attestation as required in paragraph 30, shall be submitted to the DEPARTMENT within one (1) year from the PROJECT completion date as set forth in the PROJECT completion certificate. 35. This Agreement is not intended nor shall it be construed as granting any rights, privileges or interest in any third party without mutual written agreement of the parties hereto. 36. It is understood by the parties that the amount of this Agreement may be reduced should the Governor's Budget Office declare a revenue shortfall and assess a mandatory reserve. Should a shortfall be declared, the amount of this Agreement may be reduced by the same percentage as the DEPARTMENT is assessed for the mandatory reserve. Page 11 of 13 37. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly executed by each of the parties hereto, and attached to the original of this Agreement. Page 12 of 13 IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed on the day and year first above written. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PR ECTION By: ivisiDirectorD(or Desi ee) Division of Recreation and Parks CITY OF EDGEWATER By , Title: /9a,� Address: Address: Bureau of Design and Recreation Services Post Office Box 100 Division of Recreation and Parks Edgewater, FL 32132 3900 Commonwealth Boulevard Mail Station 585 Tallahassee, Florida 32399-3000 DEP Contract Manager Approved as to Form and Legality: This form has been pre -approved as to form and legality by Suzanne Brantley Assistant General Counsel, on April 20, 2000, for use for one year. FPS-A046 Revised 05/99 Page 13 of 13 G ntee ttvrney 0 D FRoAP &meNo tEt1T(#i) F1242 (DEP Contract Number) STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Amendment 1 to Agreement This Amendment entered into on J I'LIlJ 1 , 200;-7, serves to amend portions of the Agreement dated October 10, 2000, by and between the Department of Environmental Protection, hereinafter referred to as DEPARTMENT, and the City of Edgewater, hereinafter referred to as GRANTEE, for the approved recreational project known as Ballfield Development - Phase II, Project #F01242, pursuant to section 375.075, Florida Statutes and Part V, Chapter 62D-5, Florida Administrative Code. In and fqr the mutual covenants between them, the DEPARTMENT and the GRANTEE agree that the following amendment shall apply to the above referenced Agreement: Paragraph 13 Sentence 1 is amended as follows: The GRANTEE shall implete all project elements on or before October 31, 2003. In all other respects the Agreement of which this is an Amendment and attachments relative thereto shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the day and year first above written. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Director or Designee Division of Recreation and Parks _�D V� DEP Contract Manager Approved as to Form and Sufficiency: Agreement has been pre -approved as to form and sufficiency by Jerome I. Johnson, Assistant General Counsel, on December 12, 2001, for the use for one year. DEP 42-050 Revised 1-23-02 CITY OF EDGEWATER D By: i1 Person Authorized to Sign Kenneth Hooper Printed Name City Manager Title Address: Post Office Box 100 Edgewater, Florida 32132 K��. c Grantee Attorney ZQrrx) Scott A. Cookson (sig ed in absence City Attorney to avoid delay) FROAP U RAt,1 #'L F0301 DEP Contract Number CSFA Number: 37017 CSFA Title: FRDAP FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM Project Grant Agreement - Development This Agreement is made and entered into this 1 Z day of DeGevoioer, 2001 , by and between the State of Florida, DEPARTMENT of Environmental Protection, hereinafter called the DEPARTMENT, and the City of Edgewater, hereinafter called the GRANTEE, in furtherance of an approved public outdoor recreation project. In consideration of the mutualcovenants contained herein and pursuant to section 375.075, Florida Statutes, and chapter 62D-5, Part V, Florida Administrative Code, the parties hereto agree as follows: 1. This Agreement shall be performed in accordance with section 375.075, Florida Statutes, and chapter 62D-5, Part V, Florida Administrative Code, hereinafter called the RULE. The GRANTEE shall comply with all provisions of the RULE effective August 23, 2000, which is incorporated into this Agreement as if fully set forth herein. It is the intent of the DEPARTMENT and the GRANTEE that none of the provisions of section 163.01, Florida Statutes, shall have application to this Agreement. 2, The DEPARTMENT has found that public outdoor recreation is the primary purpose of the project known as Ballfield Development Completion Project (Florida Recreation Development Assistance Program, FRDAP Project Number F02301), hereinafter called the PROJECT, and enters into this Agreement with the GRANTEE for the development of that real property, the legal description of which shall be Page 1 of 11 submitted to the DEPARTMENT as described in the Florida Recreation Development Assistance Program Development Project Pre-reimbursement/Commencement Documentation Form, DEP Form FPS-A034. The GRANTEE shall construct, or cause to be constructed, certain public outdoor recreation facilities and improvements consisting of the following PROJECT elements which may be modified by the DEPARTMENT if GRANTEE shows good cause: Ballfield lighting, restroom, lighting and other related support facilities. The DEPARTMENT shall pay, on a reimbursement basis, to the GRANTEE, funds not to exceed $112,500, which will pay the DEPARTMENT'S share of the cost of the PROJECT. DEPARTMENT fund limits are based upon the following: DEPARTMENT Amount $112,500 75% GRANTEE Match $ 37,500 25% Type of Match Cash/In-Kind Services The PROJECT reimbursement request shall include all documentation required by the DEPARTMENT for a proper pre - audit and post -audit review. Within sixty (60) days after receipt of the request, the DEPARTMENT'S Contract Manager shall review the completion documentation and payment request from the GRANTEE for the PROJECT. If the documentation is sufficient and meets the requirements of the Florida Recreation Development Assistance Program Completion Documentation Form, DEP Form FPS-A037, referenced in s. 62D-5.058(6)2(g), the DEPARTMENT will approve the request for payment. The GRANTEE agrees to comply with the Division of Recreation and Parks' Grant and Contract Accountability Procedure, hereinafter called the PROCEDURE and incorporated into this Agreement by reference as if fully set forth herein. All purchases of goods and services for accomplishment of the PROJECT shall be secured in accordance with the GRANTEE'S adopted procurement procedures. Expenses representing the PROJECT costs, including the required matching contribution, shall be reported to the DEPARTMENT and summarized on certification forms provided in the Page 2 of 11 PROCEDURE. The DEPARTMENT and GRANTEE agree to use the PROCEDURE guidelines accounting for FRDAP funds disbursed under the PROJECT. The parties further agree that the principles for determining the eligible costs, supporting documentation and minimum reporting requirements of the PROCEDURE shall be used. Allowable indirect costs shall not exceed 15% of the GRANTEE'S eligible wages and salaries. Indirect costs that exceed 15% must be approved in advance in writing by the DEPARTMENT to be considered eligible PROJECT expenses. Pursuant to s. 215.422, Florida Statutes, the Department's Project Manager shall have five (5) working days, unless otherwise specified herein, to inspect and approve the payment requests for payment. The DEPARTMENT must submit a request for payment to the Florida DEPARTMENT of Banking and Finance within twenty (20) days; and the DEPARTMENT of Banking and Finance has fifteen (15) days to issue a warrant. Days are calculated from the date the invoice is received or the date the services are received, inspected, and approved, whichever is later. Invoice payment requirements do not start until a complete and correct invoice has been received, Invoices which have to be returned to the GRANTEE for correction(s) will result in a delay in the payment. A Vendor Ombudsman has been established within the Florida DEPARTMENT of Banking and Finance who may be contacted if a contractor is experiencing problems in obtaining timely payment(s) from a State of Florida agency. The Vendor Ombudsman may be contacted at (850)410-9724 or (800)848-3792. In accordance with s. 215.422, Florida Statutes, the DEPARTMENT shall pay the GRANTEE interest at a rate as established by s. 55.03(1), Florida Statutes, on the unpaid balance, if a warrant in payment of an invoice is not issued within 40 days after receipt of a correct invoice and receipt, inspection, and approval of the goods and services. Interest payments of less than $1 will not be enforced unless the GRANTEE requests payment. The interest rate established pursuant to s. 55.03(1), Florida Statutes, by Comptroller's Memorandum No. 12 (1999-00) dated December 2, 2000, has been set at 11.0% per annum or .0003014% per day. The revised interest rate for each calendar year beyond 2000 for which the term of this Agreement is in effect can be obtained by calling the DEPARTMENT of Banking and Finance, Page 3 of 11 vendor Ombudsman at the telephone number provided above or the Department's Contracts Section at 850/922-5942. 13 10. It is understood by the parties that the amount of this Agreement may be reduced should the Governor's Budget Office declare a revenue shortfall and assess a mandatory reserve. Should a shortfall be declared, the amount of this Agreement may be reduced by the same percentage as the DEPARTMENT is assessed for the mandatory reserve. 11. PROJECT funds may be reimbursed for eligible pre -agreement expenses (as defined in s. 62D-5.054(29) of the RULE) incurred by GRANTEE prior to execution of this Agreement as set forth in s.62D-5.055(9) of the RULE. The DEPARTMENT and the GRANTEE fully understand and agree that there shall be -no reimbursement of PROJECT funds by the DEPARTMENT for any expenditure made prior to the execution of this Agreement with the exception of those expenditures which meet the requirements of the foregoing sections of the RULE. 12. Prior to commencement of PROJECT development, the GRANTEE shall submit the documentation required by the Florida 1 Recreation Development Assistance Program Development J Project Pre-reimbursement/Commencement Documentation Form, DEP Form FPS-A034, referenced in s. 62D-D.058(6)(f) of the RULE, to the DEPARTMENT upon determining that the documentation complies with the RULE, the DEPARTMENT will give notice to GRANTEE to commence the development and approve the request for payment. 13. The Grantee shall obtain all required local, state and federal permits and approvals prior to commencement of project construction and shall certify that it has done so to the Department by completing the Permitting Certification, FPS-A034, referenced in s. 62D-5.058(7)(c) of the Rule. 14. This Agreement shall become effective upon execution and the GRANTEE shall complete construction of all PROJECT elements on or before DeC. 31. 2C>0 4 • The GRANTEE may request up to two (2) one (1) yeaf extensions from the DEPARTMENT for good cause at the written request of the GRANTEE and such request must be made prior to the PROJECT completion date. Page 4 of 11 Project must be completed within 5 years, or money may revert. 15. Project completion means the project is open and available for use by the public. Project must be completed prior to release of final reimbursement. 16. Any local governmental entity, nonprofit organization, or for -profit organization that is awarded funds from a grants and aids appropriation by a state agency shall: If the amounts received exceed $100,000, have an audit performed in accordance with the rules of the Auditor General promulgated pursuant to s. 11.45, Florida Statutes; or If the amounts received exceed $25,000, but do not exceed $100,000, have an audit performed in accordance with the rules of the Auditor General promulgated pursuant to s. 11.45, Florida Statutes, or have a statement prepared by an independent certified public accountant which attests that the receiving entity or organization has complied with the provisions of this Agreement; or If the amounts received do not exceed $25,000, have the head of the entity or organization attest, under penalties of perjury, that the entity or organization has complied with the provisions of this Agreement. 17. A copy of the audit or attestation as required in Paragraph 16, shall be submitted to the DEPARTMENT within one (1) year from the PROJECT completion date as set forth in the PROJECT completion certificate. 18. In addition to the provisions contained in Paragraph 16 above, the Grantee shall comply with the applicable provisions contained in Attachment 1. A revised copy of Attachment 1, Exhibit-1, must be provided to the Grantee with each amendment which authorizes a funding increase or decrease. The revised Exhibit-1 shall summarize the funding sources supporting the Agreement for purposes of assisting the Grantee in complying with the requirements of Attachment 1. If the Grantee fails to receive a revised copy of Attachment 1, Exhibit-1, the Grantee shall notify the Page 5 of 11 Department's Contracts Administrator at 8SO/988-7896 to request a copy of the updated information. 19. Following receipt of an audit report identifying any reimbursement due the DEPARTMENT for the GRANTEE'S non- compliance with this Agreement, the GRANTEE will be allowed a maximum of thirty (30) days to submit additional pertinent documentation to offset the amount identified as being due Following receipt of an audit report identifying the DEPARTMENT. The DEPARTMENT, following a review of the documentation submitted by the GRANTEE, will inform the GRANTEE of any reimbursement due the DEPARTMENT. 20. The GRANTEE shall retain all records supporting PROJECT costs for three (3) years after the fiscal year in which the final PROJECT payment was released by the DEPARTMENT or until final resolution of matters resulting from any litigation, claim or audit that started prior to the expiration of the three-year retention period. The DEPARTMENT, State Auditor General, State Comptroller and other agencies or entities with jurisdiction shall have the right to inspect and audit the GRANTEE'S records for said PROJECT within the three-year retention period. 21. The DEPARTMENT'S Contract Manager for the purpose of this Agreement shall be responsible for ensuring performance of its terms and conditions and shall approve all reimbursement requests prior to payment. The GRANTEE'S Liaison Agent, as identified in the PROJECT application, or successor, shall act on behalf of the GRANTEE relative to the provisions of this Agreement. The GRANTEE'S Liaison Agent, shall submit to the DEPARTMENT signed PROJECT status reports every ninety (90) days summarizing the work accomplished, problems encountered, percentage of completion, and other information which may be requested by the DEPARTMENT. Photographs to reflect the construction work accomplished shall be submitted when the DEPARTMENT requests them. Any and all notices shall be delivered to the parties at the following addresses: Grantee Department Mr. Jack Corder Rita Ventry City of Edgewater Dept. of Environmental Protection Post Office Box 100 3900 Com.nwealth Blvd., MS 585 Edgewater, Florida 32132 Tallahassee, Florida 32399-3000 Page 6 of 11 22. Prior to final reimbursement, the GRANTEE must erect a permanent information sign on the PROJECT site which credits PROJECT funding or a portion thereof, from the Florida Department of Environmental Protection and the Florida Recreation Development Assistance Program. 23. The DEPARTMENT has the right to inspect the PROJECT and any and all records related thereto at any reasonable time. 24. This Agreement may be unilaterally canceled by the DEPARTMENT in the event the GRANTEE refuses to allow public access to all documents, papers, letters or other materials made or received in conjunction with this Agreement pursuant to the provisions of Chapter 119, Florida Statutes. 25. The DEPARTMENT shall also have the right to demand a refund, either in whole or in part, of the FRDAP funds provided to the GRANTEE for non-compliance with the material terms of this Agreement. The GRANTEE, upon such written notification from the DEPARTMENT, shall refund, and shall forthwith pay to the DEPARTMENT, the amount of money demanded by the DEPARTMENT. Interest on any refund shall be calculated and determined pursuant to Section 55.03(1) of the Florida Statutes. Interest shall be calculated from the date(s) of payment(s) to the GRANTEE by the DEPARTMENT to the date repayment is made by GRANTEE. 26. The GRANTEE shall comply with all federal, state and local rules, regulations and ordinances in acquiring and developing this PROJECT. The GRANTEE acknowledges that this requirement includes compliance with all federal, state and local health and safety rules and regulations including all applicable building codes. The GRANTEE further agrees to ensure that the GRANTEE'S contract will include the requirements of this paragraph in all subcontracts made to perform this Agreement. 27. Land owned by the GRANTEE, which is developed or acquired with FRDAP funds, shall be dedicated in perpetuity as an outdoor recreation site by the GRANTEE for the use and benefit of the public as stated in Administrative Rule 62D- 5.059(2). Land under control other than by ownership of the GRANTEE such as by lease, shall be dedicated as an outdoor Page 7 of 11 recreation area for the use and benefit of the general public for a minimum period of twenty-five (25) years from the completion date set forth in the PROJECT completion certificate. All dedications must be recorded in the public property records by the GRANTEE. Such PROJECT shall be open at reasonable times and shall be managed in a safe and attractive manner appropriate for public use. 28. Failure to comply with the provisions of the RULE or the terms and conditions of this Agreement will result in cancellation of the Agreement by the DEPARTMENT. The DEPARTMENT shall give the GRANTEE in violation of the RULE or this Agreement a notice in writing of the particular violations stating a reasonable time to comply. Failure to comply within the time period state in the written notice shall result in cancellation of the Agreement and may result .in the imposition of the terms in Paragraph 25. 29. In the event of conflict in the provisions of the Rule, the Agreement and the Project Application, the provisions of the Rule shall control over this Agreement and this Agreement shall control over the Project Application documents. 30. If the DEPARTMENT determines that site control is not sufficient under the RULE the DEPARTMENT shall give the applicant a notice in writing and a reasonable time to comply. If the deficiency cannot be reasonably corrected within the time specified in the notice, the DEPARTMENT shall cancel this AGREEMENT. 31. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Florida Legislature. 32. This Agreement strictly prohibits the expenditure of FRDAP funds for the purpose of lobbying the Florida Legislature, the judicial branch, or a state agency. 33. No person on the grounds of race, creed, color, national origin, age, sex, marital status or ability level, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement. Page 8 of 11 34. Each party hereto agrees that it shall be solely responsible for the wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of s. 768.28, Florida Statutes. 35. The employment of unauthorized aliens by any GRANTEE is considered a violation of s. 274A(e) of the Immigration and Nationality Act. If the GRANTEE knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. The GRANTEE shall be responsible for including this provision in all subcontracts with private organizations made to perform this Agreement. 36.-A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not perform work as a grantee, contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017, Florida Statutes, or Category Two, for a period of 36 months from the date of being placed on the convicted vendor list. 37. The Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. Any action hereon or in connection herewith shall be brought in Leon County, Florida unless prohibited by law. 38. No delay or failure to exercise any right, power or remedy accruing to either party upon breach or default by either party under this Agreement, shall impair any such right, power or remedy of either party; nor shall such delay or failure be construed as a waiver of any such breach or default, or any similar breach or default thereafter. Page 9 of 11 39. This Agreement is not intended nor shall it be construed as granting any rights, privileges or interest in any third party without mutual written agreement of the parties hereto. 40. This Agreement is an exclusive contract and may not be assigned in whole or in part without the written approval of the Department. 41. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly executed by each of the parties hereto, and attached to -the original of this Agreement. THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK F, OA Page 10 of 11 Attachment -1 SPECIAL AUDIT REQUIREMENTS The administration of funds awarded by the Department of Environmental Protection (which may be referred to as the "Department", "DEP", "PDEP" or "Grantor", or other name in the contracNagreement) to the recipient (which may be referred to as the "Contractor", Grantee" or other name in the contract/agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this section. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on -site visits by Department staff, limited scope audits as defined by OMB Circular-A-133, as revised, and/or other procedures. By entering into this agreement, the recipient agrees to comply and cooperate with any monitoring procedurestprocesses deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Comptroller or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised. 1. In the event that the recipient expends $300,000 or more in Federal awards in its fiscal year, the recipient most have a single or program -specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT I to this agreement indicates Federal funds awarded through the Department of Environmental Protection by this agreement. Indeterminingthe Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal funds received from the Department of Environmental Protection. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part 1, paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. 3. If the recipient expends less than $300,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the recipient expends less than $300,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of ONO Circular A-133, as revised, the cost of the audit must be paid from non -Federal funds (i.e., the cost of such an audit must be paid from recipient funds obtained from other than Federal entities). 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the intemet at htto://asoe.os.dhhs.eov/cfda. PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(1), Florida Statutes. B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East loth Street Jeffersonville, IN 47132 C. Other Federal agencies and pass -through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. 2. Pursuant to Section .320(f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management letters issued by the auditor, to the Department of Environmental Protection at each of the following addresses: Rita Ventry Florida Department of Environmental Protection 3900 Commonwealth Blvd. Mail Station 585 Tallahassee, Florida 32399 Audit Director Florida Department of Environmental Protection Office of Inspector General 2600 Blair Stone Road, MS40 Tallahassee, Florida 32399-2400 3. Copies of reporting packages required by PART If of this agreement shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at each of the following addresses: Rita Ventry, Florida Department of Environmental Protection 3900 Commonwealth Blvd. Mail Station 585 Tallahassee, Florida 32399 Audit Director Florida Department of Environmental Protection Office of Inspecror General 2600 Blair Stone Road, MS40 Tallahassee, Florida 32399-2400 B. The Auditor General's Office at the following address: State of Florida Auditor General Room 574, Claude Pepper Building III West Madison Street Tallahassee, Florida 32302-1450 4. Copies of reports or management letters required by PART III of this agreement shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at each of the following addresses: & B ; � | ! § § k | 2 () � z ! k $ ! )a,! !!r• !w�! ]� . � 2 ! ) ! � § \ � § § � k ! \ ! | ) \]\) !� \ �\ s � ! 2{ § � �\} � | ) �!\ � �\{ | !!! IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed on the day and year first above written. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By: Division Director (or Des i Division of Recreation and Parks CITY OF EDGEWATER r Title: MOY_ Address: Address: Bureau of Design and Recreation Services Post Office Box 100 Division of Recreation and Parks Edgewater, Florida 32132 3900 Commonwealth Boulevard Mail Station 585 Tallahassee, Florida 32399-3000 DEP Contract Manager Approved as to Form and Legality: This form has been pre -approved as to form and legality by Suzanne Brantley, Assistant General Counsel, on June 6, 2001 for use for one year. DEP 42-058 Revised 05-18-2001 Page 11 of 11 J rante ttor ey h.ao6 Tbly '- b*v-'V. 4' D RESOLUTION NO.2002-R-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, VOLUSIA COUNTY, FLORIDA; AUTHORIZING SUBMISSION OF A VOLUSIA ECHO 2003 GRANTS-IN-AID APPLICATION TO THE COUNTY OF VOLUSIA; ASSURING DEDICATION AND AVAILABILITY OF THE REQUIRED FIFTY PERCENT (50%) MATCHING FUNDS; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO ENTER INTO A BINDING GRANT AWARD AGREEMENT AND RESTRICTIVE COVENANTS; PROVIDING FOR TRANSMITTAL OF THE ECHO GRANT APPLICATION AND CERTIFICATION TO VOLUSIA COUNTY; PROVIDING SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Hawks Park, a forty-three (43) acre recreational complex, is located at 1108 South Ridgewood Avenue. WHEREAS, the City wishes to develop Phase III of the Park, located at 1108 South Ridgewood Avenue. WHEREAS, the City Council of the City of Edgewater, Volusia County, Florida, has authorized submission of a Volusia ECHO 2003 Grants -In -Aid application to Volusia County's Growth and Resource Management Department. WHEREAS, a copy of the ECHO 2003 Grants -In -Aid application is attached and incorporated herein as Exhibit "A'. NOW, THEREFORE, BE IT RESOLVED by the City Council of The City of Edgewater, Florida Section 1. The City Council hereby authorizes submission of the Volusia ECHO 2003 Grants - In -Aid application to the County of Volusia's Growth and Resource Management Department. Section 2. The project name for which the grant is requested will be known as Hawks Park Phase III. 2002-R-24 Section 3. The total cost of the project is estimated to be eight hundred twenty-one thousand two hundred sixty-eight and no/100 dollars ($821,268.00). Section 4. The City is requesting a grant in the amount of three hundred eighty-six thousand two hundred ninety-eight and no/100 dollars ($386,298.00). The City will provide contingency funds in the amount of forty-one thousand three hundred sixty-three and no/100 ($41,363.00). Section 5. The City has already expended or budgeted two hundred twenty-seven thousand four hundred eighty and no/100 dollars ($227,480.00) on the Project. The City hereby assures dedication and availability of additional matching funds, in the amount of two hundred seven thousand four hundred ninety and no/100 dollars ($207,490.00) within ninety (90) days of the Grant award funding notification, which meets the required fifty percent (5001.) match. Section 6. The City Council hereby authorizes the appropriate City Officials to enter into a binding grant award agreement and restrictive covenants. Section 7. The City is fiscally and legally responsible to satisfactorily develop, operate and maintain the project. Section S. The City Council hereby designates Jack Corder, Director of Leisure Services, to transmit a copy of this resolution, the certification and the original grant application and twenty copies to the County of Volusia's Growth and Resource Management Department. Section 9. M official, adopted and certified resolution of the City of Edgewater, shall be included with the application. Section 10. That all resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed. Section 11. This resolution shall take effect upon adoption 2002-R-24 2 AfterMotionby Councilwoman Rhodes: —and-SeeondbyCouncilwoman Lichter the vote on this resolution was as follows: AYE NAY Mayor Donald A. Schmidt x Councilman James P. Brown x Councilman Myron F. Hammond x Councilwoman Harriet E. Rhodes x Councilwoman Judith Lichter x PASSED AND DULY ADOPTED this lath day of November, 2002. ATTEST: e Susan J. W swortb City Clerk 76 For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Scott A. Cookson, Esquire City Attorney Foley & Lardner 2002-R-24 CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA Donald A. Schmidt Mayor Robin L. Ma sick Legal Assistant/Paralegal Approved by the City Council during the Council meeting held on the lath day of November, 2002 under Agenda Item 6-F . , ( b u � \ ]® §335 5 = Q- -- - --- & ƒ } f) � a$ / m� $ 2 ; _ �\\ \ g §\ e$))§)•`2 \)! k])/!/)0 ) 4[ � ) � ; I TAB 4: OPERATING FORECAST DETAIL 4.1 OPERATING FORCAST DETAIL NARRATIVE (1) The facility will be used for day and evening out door recreation, activities and programs, educational opportunities and support facilities. Continued partnerships with the YMCA and the School Board are an important role in the development of the overall park. Operational expenses associated for this phase of the project includes: Maintenance of the amphitheater, recreation pedestrian trail and ball field lighting on an as needed basis. All City restroom facilities are maintained on a daily basis. (a) No new staffing will be required, as adequate personnel will continue through the five-year period (see Tab 9, organizational chart). (b) Upon completion of the project, and for five years, $146,522 for additional maintenance and utility costs is anticipated. (c) New programs associated with the amphitheater will include musical concerts. No new programs are required for the baseball and Little League sports activities. Increases in funding for the existing program coordinator will be $77,146 over the five-year period. (d) Revenue sources consist of revenues budgeted through the City's general fund and program fees. (2) OPERATIONAL BUDGET (5 year projection) Operation Changes FY 2004 FY 2005 FY 2006 FY 2007 FY 2008 Expenses Program Coord. $ 12,800 $ 14,080 $ 15,488 $ 17,037 $ 17,741 Maintenance $ 11,000 $ 12,100 $ 13,310 $ 14,641 $ 16,105 Utilities $ 13,000 $ 14,300 $ 15,730 $ 17,303 $ 19,033 Total $ 36,800 $ 40,480 $ 44,528 $ 48,981 $ 52,879 Revenue General Fund $ 22,750 $ 25,025 $ 27,527 $ 30,279 $ 33,306 Pro am Fees $ 14,050 $ 15,455 $ 17,001 $ 18,702 $ 19,573 Total $ 36,800 $ 40,480 $ 44,IN $ 48,981 $ 52,879 (3) Measurable Objectives/Goals: 1. Provide adequate maintenance for all facilities. 2. Provide adequate funding for operational needs for all facilities. TAB 4: Page 10 4.2 STAFF (1) The following (40 hour per week) Leisure Services staff is dedicated to the completion of this project including (2) their project -related responsibilities. (1) Name/Title (2) Responsibility % Scheduled Work Jack Corder, Leisure Services Director Jon Williams, Finance Director Jack DeRosier, Parks Superintendent Bill Jackson, Recreation Superintendent Barbara Kowall, Administrative Secretary Christi Moeller, Program Coordinator Dave Bratcher, Maintenance Team Leader Roy Burnham, Maintenance Team Leader John Lee, Parks Maintenance Worker John Halcomb, Parks Maintenance Worker Gary Mears, Parks Maintenance Worker Bob Reed, Parks Maintenance Worker Robbie Farmer, Parks Maintenance Worker Project Manager 10% Quarterly/Yearly Reports 5% Coordinate/Supervise Work Force 45% and Oversees Contractors Organize Programs 40% Secretarial 5% Coordinate Programs 40% Assist in Construction 50% Assist in Construction 50% Assist in Site Preparation 25% Assist in Site Preparation 25% Assist in Site Preparation 25% Assist in Site Preparation 25% Assist in Site Preparation 25% Note: A contractor shall be selected after a formal bidding process and approval by the City Council for certain aspects of this project as outlined in TAB 3. 4.3 FISCAL STABILITY (1) The Leisure Services Department is a continuous part of a municipal government, which will continue to be, fiscally sustainable. The City's auditors, state the City's finances are not in a state of emergency. (2) There have been some reductions of the City's unreserved funds for large capital improvement projects such as Hawks Park (see TAB 7 for details). 1) TAB: 4 Page l l TAB 5 TAB: 5 PROJECT IMPACT/NEED • Enhances the quality of life for Volusia residents and/or visitors • Programs for children, seniors, families, and/or disabled • Has appropriate level of accessibility for various audiences • Meets the needs of under served or unserved audiences or areas (1) The project will positively impact the community by providing day and evening recreation opportunities and required health support facilities (a) This project will enhance the quality of life for Volusia residents and/or visitors by promoting recreational activities that play an important role in establishing and maintaining quality of life standards. The project will accentuate and accommodate additional activities and programs for children, seniors, families, and/or the disabled. The project is designed to meet the required Americans with Disabilities Act guidelines and support facilities, which will provide the appropriate level of accessibility for various audiences. (b) The project site meets the needs of under served or unserved audiences or areas as it is within a Community Development Block Grant low-income target area as designated by HUD. Federal dollars were used to pave Turgot Avenue, which all of Hawks Park faces on. The City of Edgewater has an agreement with the Daytona Beach YMCA to operate the recreation complex building and the family pool. The amphitheater will be exclusive to southeast Volusia and will be free to all visitors. The recreation pedestrian trail will accommodate a safe educational nature experience for guests including classes of children who can walk from the adjacent elementary school. The right sports lighting enhances the whole recreation experience, from performance and spectating to safety and security. The ball fields, lighting structure system and restroom facilities are an integral part of Hawks Park. (c) (2) Measurable Goals/Objectives 1. Promote educational, recreational activities and programs for all age groups. 2. Ensure safe and adequate accessibility for the physically and mentally challenged. 3. Increase participation of the under served or unserved population. TAB 5: Page 12 TAB 6: OWNERSHIP OR UNDISTURBED USE OF FACILITY REOUIREMENT The City of Edgewater purchased the Hawks Park properties in 1991and 2000. Attached, and made a part of this application is a copy of the recorded Warranty Deeds. RESTRICTIVE COVENANTS Per Resolution Number 2002-R-24 The City has agreed to complete and sign the Restrictive Covenants, and record them with the Clerk of the Circuit Court, County of V olusia, as part of the Grant Award Agreement, if the project is funded. TAB: 6 Page 13 OCT-12-00 THU 04fe9 PM 1PaK Sea Ec.DEPT. 904 a,23�4 2416 P.09 SOOK 3686 2795 PREPARED BY: Nary er.n Soper, lVCLUSiA GLF.L 200 North Met. Avenue, DaLend, d, Florida[12121 - WARRhNTy THIS INDENTORE, made this J_ day of t1 yyy,, 1991, between the SCUD OF PUBLIC INSTRUCTION OF VOLUSM COONTy, FLOIIDA, NI.X/A Tiff! SCHOOL BOARD OF VOLBSIA COUNTY, FIARIDA, a political subdivision of the State of Florida, hereinafter called the Grantor, and the CITY OF EDGEWATER, a political subdivision of the State of Florida, with their permanent poet -office address as 104 North Riverside Drive, Edgewater, florlda 32032, hereinafter called the Grantee, WITHESSETE: That said grantor, for and in consideration of the mom of TEN and 90/100 (310.00) DOUMS, and other good and valuable consideration to said grantor in hand paid by sold grantee, the receipt whereof Is hereby acknowledged, has granted, bargained and sold to the said grantee, the Grantee's heirs, successors and assigns forever, the following described Lend, situate, lying and being In Volusir County, Florida, to -wit: _ The Southwest quarter of the Southwest Quarter lying East of the Florida Coast Railroad, Section 33, Township 11 South, Range 34 last, voluela County, Florida. The Property Appraisers. Parcel identification Number of the Property is 7433-00-00-0030. 'i :.i This conveyance is made subject to zoning, restrictions, prohibitions and w3 other equiremmnte imposed by governmsntai authority, restrictions and matters F appearing on the plat or otherwise coeme, to the subdivision; public utility 3 o casements of record; and twee £or,the year of closing and aubsoguent years. 0 i. W h and said grantor does hereby fully warrant the title to said land, and will tl4 _ defend the arms against the lawful claims of all persona whomsoever. y � IN WITNESS WHERBOp, Grantors have hereunto set their hands and seals the .day and year first above written. Signed, sealed and delivered THE SCHOOL BOARD OF VOLUSIA COUNTY, PLORIDA in the presence of: AY: -Lr LIriJ'G- uw. r+ Kerrie CbeppQ � - Box Alfr C. Williams, Chairman "y'•so l0 ) ggVV' P.O. 2118, Deland, Florida 32721 LLa v'0 Tltilie L. Nawlet ATTEST. �w eAgv- jaqt X. Sehoep, Interam Suporinten OR or P. Box 2123, Deland, Florida 32721 COITE OF FLORIDA OI,N'M OF VOTAi3IA I HERESY CERTIFY that on this day, before an, an officer duly authorized in the State aforesaid and in the County aforesaid re take ocknowludgemonts, personally appeared ALPRfn C. WILLIAMS and JACK F. RCDOEP, well known to me to bo the Chairman and Interim Secretary, respectively, of the corporation nand as grantor in the foregoing dead, and they severally acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily under the authority duly vented in them by said corporation and .that the soal affixed thereto is the true corporate ..sl of said corporetiea., WITNESS my hand and official seal in the County ,ged,,Shpte last aforesaid this1 day of &�' 1991. f} j.� Ro M.:,y//am_=DFAY1WA3T '-' MST 1 _.GQ.. PDIJATED001=3 N o MY, PUBIdc, STATQ. Ot �FEOt{FDA" IIf TAt i---t'ERAWisLC300C i Ila L. HewitL - -- - PDVUY7_.�_-EpAPTlIf9 CMYlFD My oomm .$i n ezp3tes P �a' - @TY. Pi lV 1tG;WA NFFPf^I `//i-.�y�( h�� U:W�F114lri�Yk'iAFGC Frb.4Ht a.a aw w,n w<a s ao rmu� , Was ba ev/Id/1001 li:3( Instrument 0 2001-200174 Book: - 4745 'III HS INSTRUMENT PREPARED BY AND SHOULD BE RETURNED TO: Scott A. Cophson, Esq. FOLEY & LARDNER I I I North Orange Avenue. Suite 1800 Post Office Box 2193 Orlando, FL 32802-2193 (407) 423-7656 Parcel I.D. Nos.: #743301000290 #743307020010 SPECIAL WARRANTY DEED For Recording Purposes Only THIS -SPECIAL WARRANTY DEED is made this L-1 day of 2001 by DUSTIN'S BAR-B-Q; INC., a Florida corporation, whose address is 1208 Aouth Ridgewood Avenue, Edgewater, Florida 32132, hereinafter referred to as the "Grantor," to the CITY OF EDGEWATER, a Florida municipal corporation, whose post office address is P- O. Box 100, Edgewater, Florida 32132-0100 hereinafter called die "Grantee." WITNESSETHt That the Grantor, for and in consideration of the sum of $10-00 and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee, all that -pertain land situate in Volusia County, Florida, viz: See Exhibit "A" attached hereto and by this reference made a part hereof (the "Property"). TOGETHER, with all improvements, fixtures, easements, trees, shrubbery, rights -of - way, t> nements, hereditaments and appurtenances thereto belonging or in anywise appertaining to the Property incluawl, ,. ,.,eeiu., .."_h: foregoing, all right, tide and interest of Grantor in and to any land lying in the bed of any street, alley, road or avenue (before or after vacation thereof, and whether previously abandoned or vacated or hereafter abandoned or vacated). - TO HAVE AND TO HOLD, the same in fee simple forever. The Grantor hereby covenants with (he Grantee that the Grantor is lawfully seized of the Property in fee simple; that the Grantor has good, right and lawful authority to sell and convey the Property; that the Grantor hereby warrants the title to the Property and will defend the same against the lawful claims of all persons claiming by, through or under the Grantor: THIS CONVEYANCE IS MADE BY GRANTOR TO GRANTEE UNDER THREAT OF CONDEMNATION AND IS EXEMPT FROM ANY DOCUMENTARY STAMP TAX PURSUANT TO SECTION 12B-4.013(4), FLORIDA ADMINISTRATIVE CODE. 006.22e008.1 BOOM: = 4 lob Paec-= 161E - aridthatthe Property is free and clear of all encumbrances except taxes accruing subsequent to December 31, 2000; and zoning and other use restrictions, conditions or requirements now or hereafter imposed by governmental authorities. IN WITNESS WHEREOF, the Grantor has caused this instrument to be executed in its name the day and year first above written. Signed, sealed and delivered in the presence of: Print Name t— mav�.L.B..� STATE OF FI.o D COUNTY OF DUSTIN'S BAR-B-Q, INC., a Florida corporation By: w� n� Name: 1'E joj t`s..-. Title (CORPORATE SEAL) .: The foregoing instim r�t li acknowled ed before me this L,,Z- day of 2001 by ae,y,,.a`.✓ as of DUSTIN'S a Florida corporation, who [—I is personally known to me or [ ] produced as identification. (Notary Seal must be affixed) +A - alure of Notary Name of Notary (Typed, Punted or SUmped) Commission Number (if not legible on —J) My Commission Expires (if not legible on seal);___ P MY COMMISSION ICCIBIIIB EXPIRES November Z 211, a, �. eo.afo weo leo. r.ww1n1-11 Vj nn6.228008 1 -2 1300k: = 4'/45 r'a9g c 1619 Diane N. 118touse4: Volusia County, Clerk of Court EXHHIIT "A„ (the "Property") LOT 29 MENDALL HOMESTEAD, AS PER MAP IN BOOK 3, PAGE 0073, PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA; AND ALL OF BLOCK 2, ROSS & NEWELL, IN MENDELL'S HOMESTEAD, AS PER MAP IN MAP BOOK 8, PAGE 0053, PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA; MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT AN EXISTING CONCRETE. MONUMENT FOUND ON THE SOUTH LINE OF AFORESAID LOT 29 AND ON THE WEST RIGHT OF WAY LINE OF U.S. HIGHWAY NO. 1, A 143.00 FOOT RIGHT OF WAY; THENCE RUN NORTH 28e58'02" WEST ALONG THE WEST RIGHT OF WAY LINE A DISTANCE OF 65.76 FEET TO THE POINT OF BEGINNING; THENCE DEPARTING SAID RIGHT OF WAY RUN SOUTH 63056'32" WEST A DISTANCE OF 250.36 FEET; THENCE RUN SOUTH 28056'41" EAST A DISTANCE OF 65.71 FEET, TO A POINT ON THE NORTHEAST CORNER OF SHANGRI-LA VILLAGE, AS FOUND IN PLAT BOOK, 39, PAGE 104, OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA; THENCE RUN ALONG THE NORTH LINE OF AFORESAID SUBDIVISION, SOUTH 63056'32" WEST A DISTANCE OF 786.70 FEET, TO THE WEST LINE OF MENDELL'S HAWKS PARK, ALSO BEING THE EAST LINE OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1//4, OF SECTION 33, TOWNSHIP 17 SOUTH, RANGE 34 EAST; THENCE RUN ALONG THE AFORESAID MENTIONED LINE, NORTH 01-08'28" WEST A DISTANCE OF 378.81 FEET TO THE SOUTH RIGHT OF WAY LINE OF TURGOT AVENUE HAVING A 50.00 FOOT RIGHT OF WAY; THENCE RUN ALONG THE SOUTHERLY RIGHT OF WAY LINE OF TURGOT AVENUE, NORTH 63°56'32" EAST A DISTANCE OF 855.02 FEET; THENCE RUN SOUTH 72032'51" EAST A DISTANCE OF 7.25 FEET TO THE WESTERLY RIGHT OF WAY LINE OF US. HIGHWAY NO. i, A VARIABLE WIDTH RIGHT OF WAY FROM 100 FEET TO 143.00 FEET; THENCE ALONG THE AFORESAID WESTERLY RIGHT OF WAY, SOUTH 28-58'02" EAST A DISTANCE OF 273.29 FEET TO THE POINT OF BEGINNING. STATE OF FLORID& VOLUSIA COIINry �4 fAVN/o/ IHEREOY CERTIFY the for"Ang is a two onpy o11 tll¢ original filed in this r/alike. TN�a.FJ�(f�]� r IL Ury of SO i+�C;�mL b�'• � ,;'�¢ rk o: ".rant anJ C c Cuur[ '... , �cOeNt'I f" By y eputy ClerN 006.228008 1 -3- TAB 7 TAB 7: AUDIT, REVIEW, OR ATTESTATION (1) Attached and made a part of this grant application is a copy of the City of Edgewater's Management Letter from the most recent annual audit, and response. Although the City has responded for to the Management Letter below, it is the City's practice to formally respond to the comments in the following year's CAFR. (2) An opinion letter from the annual financial audit is attached and (3) an internally prepared financial statement. (1) Response: Major capital improvement projects have impacted the general fund, for the last two years. The City is providing infrastructure, platting and marketing for the development of its new industrial park. This will increase the Ad Valorem Tax base over the next several years. The City's auditors, state the City's finances are not in a state of emergency. The following addresses their recommendations. (2) The recommendations regarding bar coding assets have been completed. The reduction of the City's unreserved funds for capital projects included $2.8 million for acquisition and construction of the Hawks Park Recreational Complex and $498,000 for the purchase and restoration of additional Hawks Park (Museum) property. The City is working on a Business Continuity Plan for the key systems processes. TAB 7: Page 14 CITY OF EDGEWATER 386 424 2409 10/14 102 16:00 NO.457 01/04 AVERNST &YOUNG a tact ansaq w 0 FN. : (Q7) 872 6Mq sww 1700 WwwAy MI, 3W Nodh Clo "Aw,,. Odw0t Fbdda.31,9111671 Management Letter Honorable Mayor, City Council and City Manager City of Edgewater, Florida ht planning and performing our audit of the general purpose financial statements of the City of Edgewater, Florida (City) for the year ended September 30. 2001, we considered its internal control to determine our auditing procedures for the purpose of expressing our opinion on the general purpose financial statements and not to provide assurance on internal control. The following findings and recommendations, which resulted from our consideration of internal control, are submitted to assist in improving procedures and controls. In addition, this report includes other disclosures required by Rules of the Auditor Central, State of Florida. Status of prior Audit Recommendations Fixed Assets In the prior year, we noted that fixed assets purchased during the year were not marked in any way as required by the Rules of the Auditor General. While we noted again in the current your that the City did not have these procedures in place, the City did approve the purchase of a bar coding system for the 2002 fiscal year and plans to have all assets tagged with bar codes by September 30, 2002. We recommend that management continue this process to ensure compliance with applicable requirements and safeguarding of City -owned assets. Appropriate action was taken on all other comments included in the prior year management letter. Current Year Findings and Recommendations Finanelal Condition Assessment As required by Rules of the Auditor General (Sections 10.554(gx6)c and 10.556), we applied financial condition assessment procedures. While the overall results of the prescribed procedures were inconclusive, we did note several unfavmuble trends or comparisons. The City's unreserved general fund balance at September 30, 2001 equals approximately 9% of current general fund operating expenditures fix the fiscal year then ended, and has decreased more than $2,700,000 since September 30, 1999. We understand that the predominant uses of these funds were for capital outlay purposes, and were authorized by the City Council with the knowledge of the reduction in the general fund balance. The City's general fund cash and investments balances have decreased similarly over this period During the 2002 fiscal year the City has issued ten (10) year bank notes for the purpose of specific planned capital outlay projects. We recommend that taw x„ lit A Mold., Yraniee of knm A Ywng ubMal CITY OF EDGEWATER 386 424 2409 10/14 '02 16:00 N0.457 02/04 The City monitor the unreserved general fund balance, and set goals for unreserved general fund balance as a percenuge of operating expenditures. While we realize that there is no exact guidance for goals of this sort, we recommend 10-20% as a starting point and that the City establish a plan and timetable for reaching the set goals. We also recommend that the City consider the use of a capital projects fund to assist in tracking the pending capital projects activity and related funds. We have also noted that the City's water and sewer bond service coverage ratios, while in compliance with the coverage limits as required by the City's bond covenants, have decreased from the prior year. In light of the recent increase in subordinate water and sewer debt, it is very important that the City actively monitor these coverage ratios and trends to ensure continued compliance with covenants. Investment of Public Funds During our review of the City's investment policy, we noted that the policy did not provide requirements for continuing education in courses of study related to investment practices and products as required in Section 218.415, Florida Statutes. We recommend that the City review and revise its investment policy as necessary to ensure compliance with Section 218.415, Florida Statutes and to properly safeguard assets. . . Business Continuity planning The City does not currently have a comprehensive City-wide business continuity plan. Without appropriate business continuity plans, the City may be unable to continue key system processes, In addition, personnel may be unaware of their role in the continuation of the business in the event of a disaster or significant system outage. As a result, business processes can be unnecessarily interrupted, valuable recovery time may be lost, and revenues and customer satisfaction can be lost due to confusion and lack of information on resprmsibilities in the event of a disaster. Business continuity is highly dependent on the uninterrupted Flow of information, both internally and externally. Protection from unexpected loss or disruption of information processing resources and business functions is a vital issue. The threats to business continuity include bah natural disasters such as floods, fires, and storms and intentional sabotage by hackers or computer viruses. Management should develop and document a (arms] City-wide business continuity plan that Provides for the recovery of data server and network operations, prevention of disruptions, and recovery of all critical business functions. The plan should include cost estimates and detailed instructions for recovery. 112 n„war„ CITY OF EDGEWATER 386 424 2409 10/14 102 16:00 NO.457 03/04 The business continuity planning efforts should begin with an understanding of the business impact of an extended interruption of Information Technology (Ir) support. The results of this impact analysis should be used in developing a comprehensive csty-wide business continuity plan. The plan should consider the following: - Responsibilities for IT by City officials and other personnel - Alternate manual processing procedures for users when the systems are not available - Priorities for the recovery of critical application systems and business functions . Networking and telecommunications capabilities and alternatives. The plan should be tested at least annually to ensure its viability and procedures should be implemented to ensure that changes in business processes and the systems environment are incorporated into the plan. Additionally, management should ensure that employees receive appropriate training to be able to successfully execute the plan in the event of an actual disaster The more comprehensive you can make the plan, the better the chances that you can react quickly and effectively in the event of a disaster. Documenting all aspects of a plan can help reduce ilia effect of employee remover and possible non -availability of key personnel during a disaster. Other Required Disclosures In accordance with Sections 10.554(g)(6)L and 10.556, Rules of the Auditor General, State of Florida, we perforated financial condition assessment procedures for the City as of September 30, 2001. R is management's responsibility to monitor the City's financial condition, and our financial condition assessment was based in pan on representations made by management and the review of information provided by management. During the course of our audit, nothing came to our attention that would cause us to believe that the City wait in a state of financial emergency as a consequence of conditions described in Section 218.503(1), Florida Statutes. The City filed its annual financial report with the Department of Banking and Finance for the year ended September 30, 2001, us required by Section 218.32(1)(b), Florida Statutes. Based on our review of the financial information contained in that report, no material differences were found in comparing this information to that included in the City's audited financial statements. Except as noted above, nothing came to our attention that would cause us to believe that the City had not complied with Section 218.415, Florida Statutes, regarding the investment orpublic funds, during the year ended September 30, 20(Il . During the course of our audit, nothing came to our attention to indicate that the City failed m comply with applicable State Revolving Fund loan covenants. nawn' 113 CITY OF EDGEWATER 386 424 2404 10/14 102 16:01 NO.457 04/04 We wish to thank the City Manager, Finance Director, department heads and all of their staff for their assistance and cooperation dating our recent audit. If we can be of any further assistance regarding these matters, please do not hesitate to call us. This report is intended solely for the information and use of the City Council, munagement and the State of Florida Auditor General and is not intended to be and should not be used by anyone other than these specified parties. 44,r44t t LLLP December 21, 2001 114 mvunn� JERNSr&YOUNG ■ Frmt &Young ur ■ Phone (407) 872-6600 Suite 1700 w eywm 390 North Orange Avenue Orlando, Florida 32801-1671 Report of Independent Certified Public Accountants The Honorable City Mayor, City Council, and City Manager City of Edgewater, Florida We have audited the accompanying general purpose financial statements of the City of Edgewater, Florida (the City) as of and for the year ended September 30, 2001, as listed in the table of contents. These general purpose financial statements are the responsibility of the City's management. Our responsibility is to express an opinion on these general purpose financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the general purpose financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. The schedule of pension funding progress on page 59 is supplementary information required by the Government Accounting Standards Board (GASB). We have applied certain limited procedures, which consisted principally of inquiries of management regarding the method of measurement and presentation of the supplementary information. However, we did not audit and do not express an opinion on such information. In our opinion, the general purpose financial statements referred to above present fairly, in all material respects, the financial position of the City of Edgewater, Florida as of September 30, 2001 and the results of its operations and the cash flows of its proprietary fund types for the year then ended in conformity with accounting principles generally accepted in the United States. As discussed in Note 17 to the financial statements, in 2001 the City changed its method of accounting for capital contributions to comply with GASB Statement No. 33. oneaaenl 15 A Member Practice of Ernst &Young Global In accordance with Government Auditing Standards, we have also issued our report dated December 21, 2001 on our consideration of the City of Edgewater, Florida's internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, and grants. That report is an integral part of an audit performed in accordance with Government Auditing Standards and should be read in conjunction with this report in considering the results of our audit. Our audit was made for the purpose of forming an opinion on the general purpose financial statements taken as a whole. The combining, individual fund and account group financial statements, and related schedules listed in the table of contents are presented for purposes of additional analysis and are not a required part of the general purpose financial statements. Such information has been subjected to the auditing procedures applied in the audit of the general purpose financial statements and, in our opinion, is fairly presented in all material respects in relation to the general purpose financial statements taken as a whole. The statistical section has not been subjected to the procedures applied in the audit of the general purpose financial statements and, accordingly, we express no opinion on it. �GvY>W7� -i LL.P D December 21, 2001 except for Note 18, as to which the date is February 11, 2002. K 16 0112AN I, -------------- § 6�ƒ\ - _ / !) )` )] ] - - 2 ))\ \ k r '0 :/\ \ k/=)) TAB 8: DESIGN DEVELOPMENT AND/OR EXCAVATION DRAWINGS (1) Attached and made part of this grant application are 8 %2" X 11" reduced current design development drawings for the project and (2) a street map indicating the location of the project. TAB: 8 Page 15 C Future Soccer Complex Hawks Park Phase III Outlined in � Red & Blue ° City of Edgewater Hawks Park Recreation Complex ention Area C 11 'Il 9 E 1• _. L Universal Sports Lighting I _ Y4 00 COOPER Lighting v W �9 y ww�.y X17lA0.7 �rEi W N m a o a a 9 w z V � � 9 / k 'o w c C C N aOI/ C A M� Location Map YTo a&= U81 P PI •`�' [A C Jai • $ Jo Pwe,0 , G Q o 5 Ji J P� N- 4 c �'IC MM S PO SI J ''ll cls' 4 ST A U 4 • y jy{0 Na AO IF OTA woo soayx s vuixa n izq sr c:::D ySr Bona v.00A y, t $ rere� uwm sT wry � crosrA m xsa� PL Y pp s: W l ,� PItlt1 XAN! ST ; g 8 y 1sq sr ayg'y9, 16q G1NL ST p { 4` TAB 9 TAB 9: APPENDICES Attached and made part of this application, is the support documentation for Hawks Park Phase III project. (1) Included is a map showing there are no other Community Parks within a 3-mile radius. (2) The Leisure Services Departments Organizational Chart. TAB 9: Page 16 Community Park O. M Service Area-3 miles Radius R Ua �� U F V C