R03-146bei
RESOLUTION R03- ~4 b
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, AUTHORIZING EXECUTION OF AN
INTERLOCAL AGREEMENT BETWEEN THE CITY
AND PALM BEACH COUNTY FOR A LAKE WORTH
LAGOON PARTNERSHIP PROGRAM
REIMBURSABLE GRANT IN THE AMOUNT OF
$500,000 FOR THE NE 7TM STREET STORMWATER
IMPROVEMENTS PROJECT ; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Utilities Department has applied for and received
approval of a $500,000 grant from the Lake Worth Lagoon Partnership Grant
Program, which grant is to be applied to the Stonnwater improvement
program planned for the INCA neighborhood located on NE 7th Street
between NE 10th Avenue and NE 7th Avenues; and
WHEREAS, this grant is managed by Palm Beach County and funded
by the Florida Department of Environmental Protection for the State fiscal
year 2003-03; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY
COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA,
THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
g true and correct and are hereby macle a specific part of this Resolution upon adoption
of.
Section 2. Upon recommendation of staff, this Commission does hereby
authorize the City Manager to execute the Interlocal Agreement between the
City and Palm Beach County for a Lake Worth Lagoon Partnership Program
S:\( ~\RESO'&,greements\lnterlocals\lnterlocal - INCA Stormwater Grant.doc
reimbursable grant in the amount of $500,000 to be applied to the Stormwater
improvement program planned for the INCA neighborhood located on NE 7th
Street between NE 10th Avenue and NE 7th Avenues, which is attached hereto
as Exhibit "A".
Sectoin 3. That this Resolution shall become effective
immediately upon passage.
PASSED AND ADOPTED this Iq day of August, 2003.
Commissioner
ATTEST:
S:\ ,\RESO~Agreements\lnterlocals\lnterlocal - INCA Stormwater Grant.doc
INTERLOCAL AGREEMENT
BETWEEN
PALM BEACH COUNTY
AND
THE CITY OF BOYNTON BEACH
This Intertocal Agreement (hereinafter .... ~ 200~.~,
Agreement , ~ made the I ~ day of ~ ~O M.~,T ,
between the City of Boynton Beach, a municipality located in Palm Beach County, Florida (hereinafter "Grantee") and Palm
Beach County, a political subdivision of the State of Florida, (hereinafter "County"), each one constituting a public agency as
defined in Part I of Chapter 163, Florida Statutes.
WITNESSETH
WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1969" authorizes
local governments to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis
of mutual advantage and thereby to provide services and facilities that will harmonize geographic, economic, population and
other factors influencing the needs and development of local communities; and
WHEREAS, Part I of Chapter 163, Florida Statutes, permits public agencies as defined therein to enter into
interlocal agreements with each other to jointly exercise any power, privilege, or authority which such agencies share in
common and which each might exercise separately; and
WHEREAS, pursuant to Chapter 125.01, Florida Statutes, the Board of County Commissioners of Palm Beach
County is empowered to establish and administer programs of conservation and to enter into agreements with other
governmental agencies within or outside the boundaries of the County for joint performance, or performance of one unit on
behalf of the other, of any of either governmental entity's authorized functions; and
WHEREAS, the County desires to environmentally restore and enhance the Lake Worth Lagoon (Lagoon) in order
to increase native habitat and improve fisheries; and
WHEREAS, the County recognizes that an improvement in the quality of the Lagoon waters is essential to the
restoration of the Lagoon as a habitat for littoral and estuarine flora and fauna; and
WHEREAS, pursuant to Florida Department of Environmental Protection (DEP) Agreement No. S0089, the County
has received a grant from the DEP for the purpose of conducting environmental enhancement and restoration of the Lagoon;
and
WHEREAS, the County wishes to encourage municipalities that impact the Lagoon to protect, restore and enhance
their littoral and estuarine habitats and improve the water quality of the Lagoon.
Interlocal Agreement, Page 1
NOW, THEREFORE, in consideration of the mutual representations, terms, and covenants hereinafter set forth, and
for such other good and valuable consideration the receipt of which the parties hereto acknowledge, the parties hereby agree to
the following:
ARTICLE 1: EFFECTIVE DATE:
The term of this Agreement shall be effective on the date of execution of this Agreement by both parties and shall continue in
full force and effect until March 31, 2005, unless otherwise terminated as provided in Article 3 & 12 herein. The County
reserves the right to extend this Agreement for good cause. Any extensions shall be in writing and executed by both parties.
ARTICLE 2: PROJECT TO BE COMPLETED BY THE GRANTEE:
The Grantee agrees, during the term of this Agreement, to construct a project which will benefit Lake Worth Lagoon as
specifically set forth in Exhibits A and B attached hereto and made a part hereof. The Grantee shall coordinate work on the
project with the County's Department of Environmental Resources Management, hereinafter referred to as the Sponsoring
Department, and shall submit all invoices, reports and records to the Sponsoring Department, as specifically set forth in
Exhibit C and Article 9, hereof.
ARTICLE 3: PAYMENTS TO GRANTEE/REIMBURSABLE:
1. The County shall pay to the Grantee as reimbursement of the Grantee's construction expenses, an amount not to
exceed $500,000, provided the Grantee completes the project as described in Exhibits A and B, and meets the
minimum estimated match requirement of $500,000 or 50% of the total project cost, whichever is less. Activities
eligible for reimbursement include construction and construction-related costs which are incurred after the effective
date of this Agreement. Activities eligible fo~ match requirements include construction costs, (actual) contributions
(e.g., equipment usage/direct operating expenses/in-kind services), and funding from other grants. Costs related to
in-kind services (e.g., planning, permitting & design) shall be limited to salaries and fringe benefits. Eligible
matching funds will qualify for credit provided they are incurred after June 27, 2002. Grant funding can be used to
match grants from other sources; however, the Grantee cannot submit reimbursement requests for the same expenses
to more than one funding source or more than one County or State-funded program.
2. The Grantee shall bill the County quarterly (by January 15, April 15, July 15 and October 15) in accordance with
Exhibit B, Paragraph 5, for expenses actually incurred and paid, up to the amounts set forth in Exhibits A and B, for
Interlocal Agreement, Page 2
the project. The Grantee shall be reimbursed on a cost reimbursement basis for all eligible project costs upon receipt
and acceptance by the County of a properly completed Payment Request Summary Form, as set forth in Exhibit C. In
addition to the Payment Summary form, the Grantee must also provide, from its accounting system, a listing of
expenditures in detail sufficient to evidence actual payment, including but not limited to a description of the
goods/services purchased, date of the transaction, voucher number, amount paid and vendor name, and that said
expense was necessary in the performance of the Project Work Plan and Scope of Work described in Exhibits A and
B, respectively. The Grantee shall supply any further documentation such as copies of paid receipts, canceled checks,
invoices or other documents deemed necessary by the County within seven (7) calendar days of request by the
County. All supporting invoices and receipts must clearly state that goods and/or services were invoiced to Grantee
and not to an individual or "Cash." Reimbursement requests received from the Grantee will be reviewed and
approved by the Department of Environmental Resources Management, 3323 Belvedere Road, Building 502, West
Palm Beach, FL 33406-1548, which will indicate the expenditures have been made in conformity with this
Agreement and send the payment request to the County's Finance Department for final approval and payment.
Invoices must be submitted along with the quarterly and final reports, as described in Article 9 below. Failure to
submit completed reports within the specified timeframe will result in a delay in payment and/or termination of this
Agreement.
ARTICLE 4: AVAILABILITY OF FUNDS:
The obligations of the County under this Agreement are subject to the availability of funds lawfully appropriated for its
purpose by the Board of County Commissioners of Palm Beach County and by the State of Florida.
ARTICLE 5: INSURANCE:
1. Without waiving the right to sovereign immunity as provided by Section 768.28, Florida Statutes, the Grantee
acknowledges it is self-insured under State Sovereign Immunity statutes with coverage limits of $100,000 Per Person
and $200,000 Per Occurrence; or such monetary waiver limits that may change and be set forth by the legislature,
which the County agrees to recognize as acceptable coverage for General Liability and Automobile Liability
insurance.
2. In the event the Grantee does not rely exclusively on sovereign immunity as provided by Section 768.28, Florida
Statutes, the Grantee shall agree to maintain third-party Commercial General Liability and Automobile Liability at
Interlocal Agreement, Page 3
limits not less than $1,000,000 per occurrence. With respect to Commercial General Liability, Grantee shall agree to
add the County as an "Additional Insured."
The Grantee agrees to maintain or to be self-insured for Worker's Compensation & Employer's Liability insurance in
accordance with Florida Statutes, Chapter 440.
The Grantee shall provide a statement or Certificate of Insurance evidencing insurance, self-insurance anchor
sovereign immunity status, which County agrees to recognize as acceptable for the above required coverages. The
Certificate Holder will be: Palm Beach County, Department of Environmental Resources Management, 3323
Belvedere Rd., Bldg. 502, West Palm Beach, FL 33406-1548.
The Grantee shall require each Contractor engaged by Grantee for work associated with this Agreement to maintain:
A. Worker's Compensation coverage, in accordance with Florida Statutes, including endorsements for U.S.
Longshore and Harbor Workers Compensation Act and the Merchant Marine Act (Jones Act) in the event
any portion of the scope of services/work occurs over, near, or contiguous to any navigable bodies of water.
B. Commercial General Liability insurance at limits not less than $1,000,000 each occurrence. The County and
Grantee shall be added as an "Additional Insured".
C. Business Auto insurance with limits of not less than $1,000,000 for each accident.
D. If the construction work being performed exceeds $200,000, a payment and performance bond for the total
amount of its construction contract, in accordance with Florida Statute 255.05.
ARTICLE 6: INDEMNIFICATION:
Without waiver of limitation as provided for in Section 768.28, Florida Statutes, as may be amended from time to time, and to
the extent permitted by law, the County agrees to indemnify and hold harmless the Grantee from any claims, losses, demands
or cause of action of whatsoever kind or nature that the Grantee, its agents or employees, may or could sustain as a result of or
emanating out of the terms and conditions contained in this Agreement that result from the County's negligence or willful
misconduct. Without waiver of limitation as provided for in Section 768.28, Florida Statutes, as may be amended from time to
time, and to the extent permitted by law, the Grantee agrees to indemnify and hold harmless County from any claims, losses,
demands or cause of action of whatsoever kind or nature that the County, its agents or employees, may or could sustain as a
result of or emanating out of the terms and conditions contained in this Agreement that result from the Grantee's negligence or
willful misconduct. Nothing herein shall be construed as a waiver of sovereign immunity by either party, pursuant to Section
768.28, Florida Statutes.
ARTICLE 7: WARRANTY/PERSONNEL:
The Grantee, as an independent contractor and not an agent, representative, or employee of County, warrants that all project-
related services shall be performed by skilled and competent personnel to the highest professional standards in the field. The
Interlocal Agreement, Page 4
Grantee further represents that it has, or will secure at its own expense, all necessary personnel required to complete the
project under this Agreement, and that they shall be fully qualified and, if required, authorized, permitted, and/or licensed
under State and local law to complete such project. Such personnel shall not be employees of or have any contractual
relationship with the County.
ARTICLE 8: EQUAL OPPORTUNITY PROVISION:
The County and the Grantee agree that no person shall, on the grounds of race, color, creed, sex, age, national origin,
disability, religion, ancestry, marital status, or sexual orientation be excluded from the benefits of, or be subjected to any form
of discrimination under any activity carried out by the performance of this Agreement.
ARTICLE 9: GRANTEE'S PROJECT-RELATED AGREEMENTS:
The Grantee further agrees:
1. To allow the County through its Sponsoring Department to monitor Grantee to assure that the project is completed as
outlined in the Exhibits A and B.
2. To provide the funds for the balance of the project not funded by the County.
3. To maintain books, records, documents, and other evidence which sufficiently and properly reflects all costs of any
nature expended in the performance of this Agreement.
4. All records shall be subject to the Public Records Law, Chapter 119, Florida Statutes.
5. To provide annual audit reports and other documentation to the Sponsoring Department as required under the Florida
Single Audit Act.
6. The County shall be promptly reimbursed for any funds which are misused or misspent.
7. To complete the project and submit a final project report and invoices to the County 30 days prior to the Estimated
Project Completion Date identified in Exhibit B, Attachment A, and the Expiration Date identified in Article 1 above.
8. The final report shall include:
A. A one-two page written summary describing the project, including the project name, physical location of the
project, GPS coordinates, DEP Agreement number and County Agreement number.
B. The following additional components:
i. Identification of project benefit(s) to the Lagoon (Exhibit D);
ii. Photographs taken before, during and after construction;
iii. Certification of Completion by Grantee that project was constructed as proposed (Exhibit E);
iv. Total Final Project Cost;
v. TotalMatching Funds;
vi. Total Grant Award Amount;
Interlocal Agreement, Page 5
vii. A Final Payment Request Summary Form (Exhibit C) for reimbursement of remaining eligible
expenditures, including backup documentation; and
viii. A copy of a brief press release highlighting the successes of the project and acknowledging the
contribution of the grant towards the project success.
ARTICLE 10: ACCESS AND AUDITS:
Grantee shall maintain books, records, and documents to justify all charges, expenses and costs incurred under this Agreement,
in accordance with generally accepted accounting principals. The County shall have access to all books, records, and
documents as required in this Agreement for the purpose of inspection and/or audits, during normal business hours, during the
term of this Agreement, and for at least three (3) years after completion of the project. In the event any work is subcontracted
by Grantee, Grantee shall similarly require each subcontractor to maintain and allow access to such records for audit purposes.
ARTICLE 11: PUBLIC ENTITY CRIME CERTIFICATION:
As provided in F.S. 287.132-133, as may be amended from time to time, by entering into this Agreement or performing any
work in furtherance hereof, the Grantee certifies that its affiliates, suppliers, subcontractors and consultants who will perform
hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management
Services within the thirty-six (36) months immediately preceding the date hereof. This notice is required by F.S. 287.133
(3)(a).
ARTICLE 12.' TERMINATION:
This Agreement may be terminated by either party upon thirty (30) days written notice by the terminating party to the other
party, provided the County will not arbitrarily or unreasonably deny funding to Grantee under the terms and conditions set
forth herein, if Grantee is performing this Agreement.
ARTICLE 13: NOTICE:
Any notice given under the provisions of this Agreement shall be in writing and shall be delivered by United States mail. The
parties hereby designated the following addresses as the addresses to which notices may be delivered, and delivery to such
addresses shall constitute binding notice given to each party:
County:
Department of Environmental Resources Management
Attn: Director
3323 Belvedere Road, Building 502
West Palm Beach, FL 33406
Interlocal Agreement, Page 6
Phone: (561)233-2400
Fax: (561) 233-2414
With a Copy to:
Palm Beach County Attorney's Office
Chief Deputy County Attorney
301 North Olive Ave, Suite 601
West Palm Beach, FL 33401
Grantee:
Kurt Bressner
City of Boynton Beach Town Manager
Boynton Beach, Florida 33435
Phone: (561)742-6010
Fax: (561)742-6011
Cc: City Attorney's Office
Either party may from time to time change the address to which notice under this agreement shah be given, upon three (3)
days prior written notice to the other party.
ARTICLE 14: ENFORCEMENT COSTS
Any costs or expenses (including reasonable attorney's fees) associated with the enforcement of the terms and/or conditions of
this Agreement shall be borne by the respective parties provided, however, this clause pertains only to the parties to this
Agreement.
ARTICLE 15: COMPLIANCE WITH LAW
The Grantee shall comply with all applicable federal, state and local rules and regulations in providing services under this
Agreement. The Grantee acknowledges that this requirement includes compliance with all applicable federal, state and local
health and safety rules and regulations. The Grantee further agrees to include this provision in all subcontracts issued as a
result of this Agreement.
ARTICLE 16: VENUE AND GOVERNING LAW
To the extent allowed by law, the venue for any action arising from this Agreement shall be in Palm Beach County, Florida.
This Agreement shall be governed by and in accordance with the laws of the State of Florida.
ARTICLE 17: REMEDIES CUMULATIVE
No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy
shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in
equity or by statute or otherwise. No single or partial exercise by any party of any right, power or remedy hereunder shall
Interiocal Agreement, Page 7
preclude any other or further exercise thereof.
ARTICLE 18: INCORPORATION BY REFERENCE
Exhibits A through E attached hereto and referenced herein shall be deemed to be incorporated in this Agreement by such
reference.
ARTICLE 19: SEVERABILITY
If any section, paragraph, sentence, clause or provision of this Agreement is for any reason held by a court of competent
jurisdiction to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this Agreement.
ARTICLE 20: ENTIRETY OF AGREEMENT
1. The Grantee agrees that Exhibits A and B have been developed from abe Grantee's funding application and the
County expects performance by the Grantee in accordance with such application. In the event of a conflict
between the application and this Agreement, this Agreement shall control. The County and the Grantee agree
that this Agreement sets forth the entire agreement between the parties, and there are no promises or
understandings other than those stated herein. None of the provisions, terms and conditions contained in this
Agreement may be added to, modified, superseded or otherwise altered, except by written instrument executed
by the parties hereto.
2. Any minor modification to the project as identified in Exhibit A or B shall be submitted in writing to the County
as a "Change Order" and shall be subject to the approval, prior to implementation, of both the County and the
State in accordance with Exhibit B, Section 20.
(The remainder of this page intentionally left blank.)
Interlocal Agreement, Page 8
IN WITNESS WHEREOF, the Board of County Commissioners of Palm Beach County, Florida has made and executed this
Agreement on behalf of the County and Grantee has hereunto set his/her hand the day and year above written.
CITY OF BOYNTON BEACH
PALM BEACH COUNTY, FLORIDA
BY ITS BOARD OF COUNTY
COMMISSIONERS
By: ~ By:
Date Karen T. Marcus, Chair Date
'ATTEST: ATTEST:
By: 8/,~&/O~ By:
Date
Dorothy H. Wilken, Clerk
Date
APPROVED AS TO FORM AND
LEGAL SUFFICIE~
]'(. City' s Attorney
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
By:
Assistant County Attorney
APPROVED AS TO TERMS AND
CONDITI ~:
By: D~ ~.~~
R~sources Manag/Direct°r' Departmee~te~/Er vir°nmer talI
Interlocal Agreement, Page 9
SCOPE OF WORK
City of Boynton Beach
NE 7th Street Stormwater Improvements Project
DEP Agreement No. S0089
PBC Agreement No.
Project Summary:
The NE 7th Street Stormwater Improvements Project will provide stormwater management and water
quality improvements for a 34-acre neighborhood located adjacent to the Lake Worth Lagoon in Boynton
Beach. The project will route stormwater from the neighborhood to four stormwater retention ponds for
treatment and peak flow attenuation prior to discharge to the Lake Worth Lagoon. A mangrove wetland
area will be purchased by the City and incorporated into the stormwater management system design.
Upgraded interconnecting piping will be provided under NE 7th Street, as required by the South Florida
Water Management District, to enhance tidal flushing of the mangrove area.
Estimated Estimated
Completion Grant Estimated Estimated
Activity/Task Date Amount Match Total Cost
Design & permitting Nov 2003 $0 $150,000 $150,000
Procurement & award Mar 2004 $0 $0 $0
Construction Dec 2004 $500,000 $650,000 $1,150,000
Monitoring Mar 2005 $0 $100,000 $100,000
TOTALS $500,000 $900,000 $1,400,000
Expected Benefits:
· Improve quality of the stormwater runoffbefore it enters Lake Worth Lagoon;
· Preserve an mangrove wetlands area to be purchased by the City as part of the project; and
· Improve drainage and provide general enhancement for the NE 7th Street area neighborhood.
Measurement of Benefits:
· In accordance with Exhibit D.
Source of Matching Funds:
· City of Boynton Beach Stormwater Utility Fund
Interlocal Agreement, Exhibit A
DEP AGREEMENT NO. S0089
STATE OF FLORIDA
GRANT ASSISTANCE
PURSUANT TO LINE ITEM 1769 OF THE 2002-2003 GENERAL APPROPRIATIONS ACT
TH~S AGREEMENT is ehtored into between the STATE OF FLOP, iDA DEPAR~ OF
ENV]RO~AL PROTECTION, whose address is 3900 Comn~awealth Boulevard, TaHahassee, Florida
32399-3000 (bereimf~ referred to as the ~'pa~nenff) and the PAI~ BEACH COUNTY BOARD OF COUNTY
COMMISSIONERS, whose addm..s is 3323 Belvedere Road, Building 502, West Palm Beach, Florida 33406-1548
~ mferr~ to as ~.~rantee' or "Recipient"), a local govemn~-~ to fund restoration and enhnm-~ent
projecls for the Lake Worth Lagoon Partnership Crrant Program.
In consideration of the muttml benefits to be derived herefrom, the i~=pax~t and the Cvrantee do hereby
agree u follows:
Tbe ~ does hereby agree to perform in accordance with the terms and conditions set forth in this
Agreement, Attaelmmnt A (Project Work Plan), and aH attachm.~ts and exhfoits named herein which
attached heTeto and incorporated by refe, e~ce. F~ putpos~ of this Agreetnent, the terms "Contract" and
"Agreemem" and the terms "Grantee", "Recipiem" and "~, a~e used
This Agreemmt shah begin upon execution by both parties and shall i~ h effect until June 30, 2005,
inclusive. The Grantee shall not be eligfole for reimbursement for work perfon~ prior to the execution
date of this Agreemm~ This ~ tony be nmended to provide for additional services if edditiorml
f~mrl~g is made available by the Legislature. · ' --
Ao
As comidemtion for the sorvices rendored by tl~ Gnmtee onder the terms of this Agreement, tbe
Deparm~nt shall pay the Grantee on a cost reimbursem~t basis in an amount not to exceed
$2,485,000 toward the total project cost estimate of S6,920,612. Tbe parties hereto agree that the
Grantee is respom~le for providing a minimum match of $2,485,000 (or 50% of the total project
cost, whichever is less) tomnd the project descn]~l in Attsehm~ut A. Tbe Gran~ shall provide
from al~nate sources additional non-required match flmai~g in the amount of Sl,950,612 to
complete the project descn3ed in Attaclunent A. If the Ca-antee finds, after receipt of competitive
bids, ~ the work de~-ibed in Attachment A cannot be accomplished for the current estimated
project cost, the parties hereto agree to modify the Project Work Plan descn'bed in Attnehment A
to provide for the work that can be accomplished for the t~md~g identified above.
The Grantee ahnll be relmhursed on a cost r~ngmrsement basis for all eligfole project corn upon
receipt and acceptance of a prop~ly completed Payment R~quest ~ Form (provided as
Attaehmmt B). In addition to the ~ form, the Cmmtee must provide from its accounting
system, a listing of expenditures cha.-ged against this Agreetm~ TI~ listing shall include, at a
mininmm, a description of the goods or services purchased, date of the transaction, voucher
number, amount paid, and vendor nan,. Reimbunetnent of Wavel expemes is not at~horized under
the I~tos of this Agxeemem. A final invoice n~st be submitt~ to the Depanmmt no htet than
June 20, 2005, to assu~ availability of funds for final payment.
tn ~ddifion to the invoicing requiren~nts contained in paragraph 3~. above, the Department will
periodically request proof of a transaction (invoice, payroll reg~or, etc.) to evaluate the
~xq~u~ae~ of costs to the Agreement pursuant to State and Federal guidelines (incl~dh~ cost
30 calendar days of such request. The Granme ma)' also be required m sub~t a cost allocation
plan to the Departmem in support of its m,ltipliers (overhead,/ndirect, general admini.~rative
corn, and fringe benefits). All bills for ~ due under this AlPeenm~ shall be submittcd in
detail suffic/ent for a proper pre-audit and post-audit thereof. State guidelines for allowable costs
DEP Agreement No. S0089, Page
INTERLOCAL AGREEMENT
EXIHBIT B
o
o
10.
can be found in the Depariment of Financial Services' Reference Guide for State Expenditures at
www.dbf, state.fl.us/aadir/reference guide.
The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual
appropriation by the Legislature. The parties hereto understand that this Agreement is not a co,~.,,itment of
future appropriations.
The Cnantee .~hnH submit quarterly invoices in conjunction with quarterly progress repons describing the
work performed, problems encountered, problem resolution, schedule updates and proposed work for the
next reporting period. Qua~erly reports shall be submitted to the Department's Grant Manager no later
than thirty (30) days following the completion of the quarterly reporting period. It is hereby understood and
agreed by the parties that the te~m "quarterly" shall reflect the calendar quarte~ ending March 31, June 30,
September 30 and December 31. The Departmenfs Grant Manager shall have ten (I0) calendar days to
review deliverables submitted by the Grantee. A final report is due to the Department no later than May 31,
2005 or thirty days prior to the end date of this Agreement. The final invoice is due to the Department no
later than June 20, 2005.
Each party hereto agrees that it shall be solely respons~le for the negligent or wrongful acts of its
employees and agents. However, nothing contained herein shall constitute a waiver by either party of its
sovereign immanity or the provisions of Section 768.28, Florida Statu~s~
Bo
The Department may te~te this Agreement at any time in the event of the failure of the
C-rantee to fulfill any of its obligations under this Agreement. Prior to terminstion, the Department
shall provide thirty (30) calendar days written notice of its intent to terminste and shall provide the
C-rantee an opportunity to consult with the Department regarding the reason(s) for termination
Co
The Department may m~mimte this Agreement for convenience by providing'the Crrantee with
thirty (30) calendar days written notice.
The Gran~ may terminate this Agreement for convenience by providing the Depamm~t with
thirty (30) calendar days written notice. However, the Grantee understands that it must
demonstrate that the match percent required for work performed to date tm been met. If not, the
Grantee shall reimburse the Department for the amount of funding needed to bring the match ratio
in line.
This Agreement may be unilaterally canceled by the Depariment for refusal by the Grantee to allow public
access to all documents, papers, letm~ or other material made or received by the Grantee in conjunction
with this Agreement, unless the records are exempt from Section 24(a) of Article I of the State Comtitution
and Section 119.07(1), Florida Statutes.
The Grantee shall maintain books, recorcb and documents directly pertinent to performance under this
Agreement in accordance with generally accepted accounting prineiples consistently applied. The
Departzm~ the 5rate, or their authorized representatives shall have access to such records for audit
purposes during the term of this Agreement and for five years following Agreement completion. In the
event any work is subcomractzd, the Grantee shall similarly require each subconUactor to maintain and
allow access to such records for audit purposes.
In addition to the provisions contained in paragraph 9 above, the Grantee shall comply with the applicable
provisions contained in Attachment C. A revised copy of Attachment C, Exlu'bit-l, nmst be provided to
the Grantee with each amen~ which authorizes a funding increase or decrease. The revised Extu~it-1
shall summarize the fi~ding som'ces supporting the Agreement for purposes of assisting the Grantee in
complying with the requirements of Attachment C. If the Grantee fails to receive a revised copy of
Attachment C, Exlu"oit-1, the Grantee shall notify the Department's C. mmts Development and Review
Manager at 850/245-2361 to request a copy of the ulxiated information.
11. A.
The C-rantee may subcontract work under this Agreement without the prior written consent of the
Departmenfs C-rant Manager. The Grantee agrees to be responsible for the fulfillment of all work
DEP Agreement No. S0089, Page 2 of 5
12.
13.
14.
IS.
16.
17.
elements included in any subcontract and agrees to be respom~'ole for the payment of all monies
due under any subcontract. It is understood and agreed by the Grantee that the Depariment shall
not be liable to any mbcontractor for any expenses or liab/lities inctured under the subconwact and
that the C-rantee shall be solely liable to the subcontractor for all expenses and liabilities incurred
under the subcontract.
Bo
The Department of Environmental Protection supports diversity in its procurement program and
requests that all subcontracting oppommities afforded by this Agreement embrace diversity
enthusiastically. The award of subcontracts should reflect the full d/versity of the citizens of the
State of Flor/da. The Department w/Il be glad to furnish a list of minority owned businesses for
comideration in subcontracting oppontmities.
In accordance with Section 216.347, Florida Statutes, the Grantee is hereby proh'oited from using funds
provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a' state
agency.
The Grantee shall comply with all applicable federal, state and local rules and regulations in providing
services to the D~~ u~der this Agreement. The Grantee acknowledges that this requirement includes
compl/anee with all applicable federal, state and local health and safety rules and regulations. The Cu, amee
further agrees to include this provision in all subcontracts issued as a result of th/s Agreement.
The Department's Grant Manager for this Agreement is identified below.
Timothy ~'ay
Flor/da ~t of Environrr~ntal Protection
Southeast District Office
400 North Congress Avenue
West Palm Beach, Florida 33401
Phone: (:561) 681-6708
Suncom: 226-6708
Fax: (:561) 681-67:5S
Suncom Fax: 226-67:5:5
Email: tim.~rav~d~.state.fl.us
The Grantee's Grant Manager for this Agreement is identified below.
Richard E. Walesky
Palm Beach County Board of County Commissioners
3323 Belvedere Road, Building :502
West Palm Beach, Florida 33406-1548
Phone: (561) 233-2400
Fax: (561) 233-2414
To the extent required by law, the C-rantee will be serf-insured agsin.,t, or will secure and maintain during
the life of this Agreement, Workers' Compensation Insurance for all of his =~vloyees connected with the
work of this project and, in case any work is subconlracted, the C-rantee shall require the subcontractor
s'unilarly to provide Workers' Compensation Insurance for all of the latter's employees unless such
employees are covered by the protection afforded by the Grantee. Such self-insurance program or ~e
coverage shall comply fully with the Florida Workers' Compensation law. In case any class of employees
engaged in hazardous work under this Agreement is not protected under Workers' Compensation statutes,
the Grantee shall provide, and cause each subcontractor to provide, adequate imurance satisfactory to the
Departrmnt, for the protection of his employees not otherwise protected.
The Cwantee, as an independent contractor and not an agent, representative, or employee of the Department,
agrees to cany adequate liability and other appropriate forms of insurance. The Department shall have no
liability except as spec/fically provided in this Agreement.
DEP Agreement No. S0089, Page 3 of 5
18.
19.
20.
21.
22.
23.
The Grantee covenants that it presently has no interest and shall not acquire any interest which would
conflict in any manner or degree with the performance of services required.
Upon satisfactory completion of this Agreement, the Grantee may ,=lain ownership of the equipment
purchased under this Agreement. However, the Grantee shall complete and sign a Property Reporting
Form, provided as Attachment D, and forward it along with the appropriate invoice to the Department's
Grant Manager. The following terms shall apply:.
The Grantee shall have use of the equipment for the authorized purposes of the contractual
arrangement as long as the required work is being perf~aecL
Bo
The Grantee is responsible for the implementation of adequate maintenance procedures to keep the
equipment in good operating condition.
Co
The Grantee is respomfvle for any loss, damage, or theft of, and any loss, damage or injury caused
by the use of, non-expendable personal property or equipment purchased with 'state funds and held
in his possession for use in a conwactual anangement with the DeparUnmt.
The Depanmem may at any time, by written order designated to be a change order, make any change in the
work within the general scope of this Agreement (e.E., ~ ~ method or manner of
performance, requirements, etc.). All change orders are subject to the mutual ~ ofboth pmies as
evidenced in writing. Any change order which causes an increase or decrease in the C~rmm~'s cost or time
shall require formal amendment to this Agreement.
If the C-rautee's project involves environmentally related measurements or data generation, the Grantee
shall develop and in?lement quality assurance practices consisting of policies, procedures, specifications,
standards, and ~tation sufficient to produce data of quality adequate to meet project objectives and
to ,,,:.imi~e loss of data due to out-of-control conditions or malfunctiom. All sampling and analyses
performed under this Agreement must conform with the requirements set forth iu Chapter 62-160, Florida
Aaminis~'ative Code, and the Quality Assurance Requirements for Deparm~nt Agreements, attached hereto
and made a part hereof ~s A~aehment E.
A°
No person, on the grounds of race, creed, color, national orig/n, age, sex, or disability, shall be
excluded from participation in; be denied the proceeds or benefits of; or be otlm~ise subjected to
discrimi.sfion in performance of this Agreement
Bo
An entity or afl, l/ate who has been placed on the disc-, :,.,:nstory vendor list may not submit a bid
on a conUact to provide goods or services to a public entity, may not sub~t a bid on a contract
with a public entity for the consmaction or repair of a public buila/n~ or public work, may not
submit bids on leases of real property to a public entity, may not award or perform work as a
contractor, supplier, subcontractor, or consultant under contract with any public entity, and may
not Uamact business with any public entity. The Florida Depmment of Manageme~ Services is
respom~le for maintaining the discrimi~tory vendor list and intends to post the list on its website.
Questions ~ the disc~sto~ vendor list may be direc~l to the Florida Department of
Mamgetmnt Services, Office of Supplier Diversity, at 850/487-0915.
This Agreement represents the entire agreement of the parties. Any alterations, variatiom, changes,
modifications or w~ivers of provisions of this Agreement shall only be valid when they have been reduced
to wri6ng~ duly signed by each of the panics hereto, and attached to the original of fids Agreement, unless
oflmwise provided herein.
REMAINDER OF PAGE INTENTION~Y LEFT BLANK
DEP Agreement No. S0089, Page 4 of 5
IN WITNESS WHeReOF, the parties lmve caused this Agreement to be duly executed, the day and
l~t written below.
PALM BEACH COUNTY BOARD OF
COUNTY COMMISSIONERS
By:.
*Chairman or designee
STATE OF FLORIDA DEPARTMENT OF
ENVI~O~AL PROTECTION
S~'t~u:y or designee
Date:
Approved as to form and legal sufficiency:
PBC Assislant Attorney
Approved ~s to te~u~ and conditions:
PBC ERM ~
DEP Contracts
Approved as to form and legality:
DEP ~ttomey _ _ _
FEID No.: 59-6000448
*For Agreements with governmental boards/co ..... ;i.~,ions: If someone othe~ thaa the Chainmm signs this
Agreement, a resoh~on, statement or other document author/z/rig t[mt person to sign lhe Agreement on behalf of the
Grantee or nmst accompany the Agreement
Lis~ of attachmenl~/exh'oits included as pa~ of this Agreement:
Specify Letter/
Type Number
Description (include m,mher of pages)
Proiect Work Plan i6 Pages)
Payment R _e0uest Summary Form i1 Paue)
Special Audit R _e~firements IS Pages)
~Provertv Repo_ rfint Form (1 Pate~
OnnllW Assurance Reouir~ts (5 Pa~es)
DEP Agreement No. S0089, Page 5 of 5
A~fACHMENT A
PROJECT WORK PLAN
LAKE WORTH LAGOON PARTNERSHIP GRANT PROGRAM
Since 1998, 25 comtruction projects to benefit Lake Worth Lagoon (Lagoon) have been funded by the State Legislature
through the Nlorida D~a~J~nt of Environmental Protection's (DEP) budget. These projects, under the -m~lh of the Lake
Worth Lagoon Partnership Grant Program, are designed to benefit the habitat and water quality in the Lagoon. Specific
Appropriation Item 1769 of the State Fiscal Year (SNY) 2002-2003 budget approprhted $2.5 million to the palm Beach
County Board of County Commissioners (County) for Surface Water Restoration of the Lake Woz~h Lagoon. Of the $2.5
million, $15,000 will be directed to DEP Agreement No. WM853, for a DEP Preliminary Pollutant Loading and Assessment
Study for Northern Palm Beach County. The County will utilize the remain~g $2,485,000 for five construction projects,
Lagoon monitoring and grant ~aministration. Under no conditions will grant funds be used for land acquisition. The County
will enter into Interlocal Agreements with the City of Boynton Beach, the Town of Ocean Ridge, the Westgate/Belvedere
Co~ty Redevelopment Agency and the City of West Palm Beach for four of the projects listed below. It should be noted
that all projects are a benefit to the lagoon and are in accordance with the Lake Wortk Lagoon Management Plan.
The following is a summary of the projects funded under the Lake Worth Lagoon Partnership Cu-ant Program for SFY 2002-
2003.
proieet No. 02-1: NE 7~ Street Stormwater lmnrovements Proieet
City of Boynton Beach
Grant Award: $S00,000
The NE 7~ Street Stormwater Improvements Project will provide stormwater management and water quality ~mp. rovements for
a 34-acre neighborhood located adjacent to the Lake Worth Lagoon in Boynton Beach. The project wili route stormwater from
a residential neighborhood to four stormwater retention ponds for treatment and peak flow attenuation prior to discharge to the
Lake Worth LagoOn.' A mangrove wetland area will be purchased by the City and incorporated 'into the stormwater
ro~agement system design. Upgraded interconnecting piping will be provided und~ NE 7t~ St~'t as required by the South
Florida Water Management DisUict to enhance tidal flnsh~ug of the mangrove area. The C/ty shall use ma~ching fimds for the
acquisition of land for this project. The City agrees that the funds used to purchase the land shall mt be used as match to any
other Agreement supported by State or Federal funds.
Deliverables
1. Quarterly progress reports will be submitted.
2. A final report will be subm/tted and will include:
o Project summary including photographs taken before, during and after construction;
o Identification of project benefit(s) to the Lagoon;
o Certification of Completion by project sponsor that project has been constructed as proposed;
o Total Final Project Cost;
o Total Matching Funds;
o Total C-rant Award Amonnt; and
o Final invoices and backup documentation.
QA Requirements
The DEP contract will not reimburse for the monitoring requirements of this project.
requirements for this project are incorporated into the referenced Agreement
such, no quality assurance
Pro[~t No. 02-2: Stormws_~r Improvements - Phase H
Town of Ocean Ridge
Grant Award: S400,000
The Ocean Ridge Stonnwater hnprovements Project will provide a new stormwater system to treat water from a 70-acre
residential area in the southeast port/on of the Town prior to discharge to Lake Worth Lagoon. Cun-ently, this area drainn
stormwater through a series of old, under/zed pipes and discharges the flows to the Lake Worth Lagoon with no pre-treatment.
Water quality irm~r, ovements wiIl be ach/eyed ut/l/zing a 2.4-acre wet detention system on Town property, as well as a new
system of stmctwes and piping designed to improve the gravity flow of stormwater and reduce contamination to the
groundwater, p~rrrms will be installed to regulate flows and increase detention times during minor storm events. The
stormwater will be ~aptured and punic, d to the detention area where a reduction in suspended solids, BOD, and nutrients will
occur. Pollution control devices will also be/nstalled to trap pollutants pr/or to discharge to the Lagoon.
DEP Agreement No. S0089, Attachment A, Page 1 of 6
The Town of Ocean Ridge received partial fimding for Phase I of the project, in State Fiscal Year (SFY) 2001-2002, under
DEP Agreement No. WAP062. SFY 2002-2003 grant dollars will partially fund Phase II of the project, which will consist of
the remaining construction, demobilization and monitoring costs. The Town's source of the matching funds for Phase II of the
project is the State Revolving Loan Program and the Town of Ocean Ridge.
Deliverables
1. Quarterly progress reports will be submitted.
2. A final report will be submitted and will include:
o Project summary including photographs taken before, during and after consUuction;
o Identification of project benefit(s) to the Lagoon;
o Certification of Completion by project sponsor that project has been constructed as proposed;
o Total Final Project Cost;
o Total Matching Funds;
o Total Grant Award Amount; and
o Final invoices and backup documentation.
QA Requirements
The DEP conlract will not reimburse for the monitoring requirements of this project.
requirements for this project are incorporated into the referenced Agreement.
As such, no quality assurance
Project No. 02-3: Snook Islands Natural Ar,a - Phase Il (formerly known as Lake Worth Wetland Restoration
Projeet)
Palm Beach County Board of County Commissioners
Grant Award: $546,863
This wetland restoration project will re-establish fish and wildlife habitat lost to past development with a secondary benefit of
removing shoreline armor, shoreline stabilization, and improved water quality. The project includes the filling of a deep,
dredged hole east of the-Ci/y of Lake Worth Croft CoUrSe and grarlin~ the-/~ea t~ w~tlan~l ele~ati0ns, placing rip-rap, and
planting of wetland vegetation.
The County received partial funding for Phase I of the project in State Fiscal Year (SFY] 20002001, under DEP Agreement
No. WAP029. SFY 2002-2003 grant dollars will partially fund Phase II of the project which win include ~he transportation
and gradin~ of add/tional spoff material, placement of additional limestone boulder rip-rap, and additional wetland plantings.
The County's source of the matching funds for Phase II of the project is the Florida Inland Nav/gation District (FIND) and
Palm Beach County Board of County Co,
Project DeUverables
1. Quarterly progress repons will be submitted.
2. A final report will be submitted and will include:
o Project summary including photographs token before, during and after construction;
o Identification of project benefit(s) to the Lagoon;
o Certification of Completion by project sponsor that project has been consUucted as proposed;
o Total Final Project Cost;
o Total Matching Funds;
o Total Crrant Award Amount; and
o Final invoices and backup documentation-
QA Requirements
The DEP contract will not reimbune for the monitoring re~ts of this project
requirements for this project are incorporated into the referenced Agreement.
As such, no quality assm~mce
Westgate/Belvedere Homes Community Redevelopment Agency (CRA)
Project No. 02-4: Weetgate Infrastructure Imurovementa- Phase Il
Grant Award: S400,000
The Westgate Infrastructure Improvements Project will improve the existing drainage basin within a residential neighborhood,
which was developed prior to the requirements for water quality treatment. Improvements to the approximately 150-acre basin
will occur over six phases and include consUuction of water retention areas and replacement of the exisfin~ septic sewer
system with a sanitary sewer system Benefits of the project include a reduction in groundwater and surface water loadings of
pollutants such as metals, nutrients, oxygen depleting materials and sealments within the conm~oufing drainage area of the C-51
DEP Agreement No. S0089, Attachment A, Page 2 of 6
Canal. The stormwater retention area will also attenuate storm water discharge rates reducing flooding potential as well as help
reduce peak discharge to the C-51 canal and the Lake Worth Lagoon
Phase I construction began in November 2002 and will not receive any Lake Worth Lagoon grant funds. SFY 2002-2003 grant
dollars will partially fund Phase H of the project.
Projeet Deliverables
1. Quarterly progress reports will be submitted.
2. A final report will be submitted and will include:
o Project ~ including photographs taken before, during and after construction;
o Identification of project benefit(s) to the Lagoon;
o Certification of Completion by project sponsor that project has been constructed as proposed;
o Total Final Project Cost;
o Total Matching Funds;
o Total Grant Award Amount; and
o Final invoices and backup documentation
QA Requirements
The DEP contract will not reimburse for the monitoring requirements of this project.
requirements for this project are incoq~orated into the referenced Agreement.
As such, no quality assurance
Project No. 02-5: Garden Avenue Dralnafe-Phase I
City of West Palm Beach
Grant Award: $500,000
The Garden Avenue Drainage Project proposes to utilize of~ine stormwater retention through a lake system to treat storm
water runoff. In addition, the City will re-me the stormwater, when available, from the lakes for golf course irrigation. '
The project includes installation of drainage pipes, a stormwater pump station, and'excavation of approximately 7.6 acres of
new lake area. The retention pond(s) will have a minimum of one inch of treatment volume. Initial investigations indicate that
the groundwater level in the potential retention pond areas is relatively shallow. Consequently, runoff will be collected in a
s~. and pumped into the retention pond(s). The perimeter of the pond (s) will be landscaped; however they will not function
as a "littoral zone" since the slopes will be mostly dry.
The City will address arsenic contnminnfion issues associated with commiction and operation of the retention area to the
satisfaction of the Department of Environmental Protection (DEP) prior to conslmction of the project such that the project can
be completed by the expiration date defined in Paragraph 2 of this Agreement.
Project Deliverables
1. Quanerly progress reports will be submitted.
2. A final report will be submitted md will include:
o Project rumtuary including photographs taken before, during and after conslruction;
o Identification of project benefit(s) to the Lagoon;
o Certification of Completion by project sponsor that project has been constructed as proposed;
o Total Fiml Project Cost;
o Total Match'nE Funds;
o Total Grant Award Amount; and
o Final invoices and backup documentation.
QA Requirements
The DEP contract will not reimburse for the monitoring requiren~nts of this project
requirements for this project are incoq~orated into the referenced Agreement.
As such, no quality assurance
Project No. 02-6: Lake Worth Lagoon Monitoring
Palm Beach County Board of County Commissioners
Amount: $110,000
The continuing Lake Worth Lagoon Monitoring Project will consist of various sub-projects with the overall objective being to
detc,,,ine whether the Lagoon's environmental health is ' .m~ro~ based on the implementation of construction projects
designed to benefit the Lagoon's habitat and water quality. It is expected that the sub-projects for State Fiscal Year 2002-2003
DEP Agreement No. S0089, Attachment A, Page 3 of 6
Fixed seagrass transect monitoring;
Sediment evaluation; and
Fisheries evaluatiom
As more Lagoon projects arc completed aha results of the previous year's monitoring activities become evident, it is expected
that monitoring projects will need to be adapted and/or modified in order to properly evaluate and manage Lake Worth Lagoon
activities. Change orders and/or amendments will be requested as needed to address any changes in the monitoring project.
Deliverables
1. Quarterly progress reports will be submitted.
2. A fuml report will be submitted and will include:
o Project summary for each sub-project and a copy of deliverables from all mb-contractors;
o Identification of project benefit(s) to the Lagoon;
o Certification of Completion by project sponsor that project has been implemented as proposed;
o Total Final Project Co~t;
o Total Matching Funds;
o Total Grant Award Amount; a~i
o Final invoices and backup doc~-~utation.
QA Requirements
The DEP contract will reimburse for the monitoring requirements of this project. As sm:h, qual/ty assurance requiremeats for
this project are incorporated into the referenced agreement pursuant to Attachment E.
Prolect No. 02-7: Grant Administration
Palm Beach County Board of County Commi.qioners
Amount: $28,137
AdminiMrative functions provided-by Countyst~Y for the Lake Worth-L~goon Restoration mi Enhancement Projects include
the following:
Preparation and administration of subgrants associated with individual projects;
Site impectious to track compliance with the t~,..~ of subgrantees contracts;
Review of subgrantees invoices, progress ~'3)orts and site inspection reports, consistent with individual contracts and
Scopes of Services;
~, Preparation of reports submitt~ to the DepatUnent on project status and funding; and
~. Preparation of project modifications to the Scope of Services as may be appropriate and cooraluntion of contract
modifications with the Depextment and subgrantees,
Deliverables
1. Quarterly progress reports will be submitted.
2. Quarterly spreadsheets summari~i...a expenditures and match credit for each project will be submitted;
3. Quarterly invoices will be submitted (provided there are expenses to be invoiced) with a completed "Payment Request
Summary Form" and backup documentation.
4. A final report will be submitted and will include:
o Summazy of all projects completed during the grant period;
o A copy of any outstanding deliverables due from project sub-contractors;
o Summary of project benefit(s) to the Lagoon;
o Certification of Completion by project sponsor that project has been irr~. lemented as proposed;
o Total Final Project Cost;,
o Total MaU:~ Funds;
o Tolnl Grant Award Amount; and
o Final '?ayment Request Summary Form" and backup documentation.
QA Requirements
There are no monitoring requiren~'n~ for this project.
incorporated into the referenced Agreement.
As such, no quality assurance requirements for this project are
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. S0089, Attachment A, Page 4 of 6
0
Cfi
o
:c-
E
o
0
o
ATTACHMENT B
PAYMENT REQUEST SUMMARY FORM
GRANTEE:
GRANTEE'S GRANT MANAGER:
DEP AGREEMENT NO.:
DATE OF REQUEST:
AMOUNT
REQUESTED:$
PAYMENT REQUEST NO.:
PERFORMANCE
PERIOD:
PERCENT MATCHI~G
REQUIRED:
GRANT EXPENDITURES SUMMARY SECTION
[l~ttect~ve Date ol ~tnt mrou ~ ~no-ox-q~-rdnt r~o~j
~O~ OF TOT~ ~TC~G TOT~
CA~RY OF E~E~~ ~S ~Q~ST ~~ ~
PA~ ~~G
S~ $ $ $
Travfi (~ au~) $ $ $
Su~on~:
P~ ._ _ S~ . S _. S
~si~ S $ S
~m~on S S S
Com~on Re~ Corn $ $ $
Eq~p~nt ~eh~ $ $ $
SuppOrter E~ $ S $
L~d N/A N/A N/A N/A
~erhesd $ $
TOT~ ~Q~S~D $ $ $
~ To~ C~i~ve Ps~na of:
TOT~ ~~G ~ G~
GRANTEE CERTIFICATION
The undersigned certifies that the amount being requested for reimbursement above
was for items that were charged to and utilized only for the above cited grant activities.
Grantee's Grant Manager's Signature
Print Name
Telephone Number
Cn'ani~-e's Fiscal Agent
Print Name
Telephone Number
DEP Agreement No. S0089, Attachment B, Page 1 of 1
ATTACHMENT C
SPECIAL AUDIT REQUIREMENTS
The aa~ni.~tration of resources awarded by the Depamnent of Environmental Protection (which may be referred to
as the "Department; "DEP", "FDEP" or "Grantor", or other name in the contract/agreement) to the recipient
(which may be referred to as the "Contractor", Grantee" or other name in the contract/agreemen0 may be subject
to audits and/or monitoring by the Department of Environmental Protection, as described in this attachnent.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Ciro~l~r A-133 and Section 215.97, F.S., 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 byOMB Circular A-133, as revised, and/or other procedures. By
entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedm~s/processes
deemed appropriate by the Department of Environmental Protection In the event the Depmme~ of Environmental
Protection determines that a limited scope audit of the recipient is appropriate, the recipient ag~es to can~ wilh
any additional inslmctiom provided by the Deparm~'nt to the recipient regarding such audit The recipient further
agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed neceasa~ by the
Chief Financial Officer or Auditor General.
AUDITS
PART I: I~I~R.IT-,I,Y I~tINDED
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, az revised.
In the event that the recipient expends $300,000 or more in Federal awards in its fiscal year, the recipient
nmst have a single or program-specific audit conducted in accordance with the provisiom of OMB Circul~
A-133, as revised. EXHIB~ 1 to this Agreement indicates Federal fimds awarded through the Department
of Environmental Protection by this Agreement. In det~L,dnin~ the Federal awards expended in its fiscal
year, the recipient shall consider all sources of Federal awards, including Federal resourcez received from
the Depamnem of Enviromr~atal 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 of OMB Circular A- 133, as
revised, will meet the requirements of this pan.
In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the
r~irements relative to auditee respons~ilities as provided in Subpart C of OMB Circular A-133, as
If the recipient expends less than $300,000 in Federal awards in its fiscal year, an audit conducted in
accordnnce with the provhions of OMB Circular A-133, u revised, is not required. In the event that the
recipient expends less tbs. $300,000 in Federal awards in its fiscal year and elects to have an audit
conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must
be paid from non-Federal resources (i.e., the cost of such an audit must be paid from recipient resources
obtained from other than Federal entities).
The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via
the intemet at htto://aspe.os.dhhs.n;ov/cfda.
DEP Agreement No. S0089, Attachment C, Page 1 of 5
PART H: STATE FUNDED
This part is applicable ffthe recipient is a nomtate entity as defined by Section 215.97(2X1), Florida Statutes.
In the event that the recipient expends a total amount of State financial aSSiStaXlCe eq~lal to or in excess of
$300,000 in any fiscal year of such recipient, the recipient must have a State single or project-specific audit
for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive
Office of the Governor and the Chief Financial Officer;, and Chapters 10.550 (local governmental entities)
or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this
Agreement indicates State financial assistance awarded through the Depa~/u~mt of Environmental
Protection by this Agreement. In determining the State finsncial aasistaace expended in its fiscal year, the
recipient shall consider all sources of State financial assistance, including State financial assistance received
from the DeparUnent of Environmental Protection, other state agencies, and other nonstate entities. State
financial assistance does not include Federal direct or pass-through awards and resources received by a
nomtate entity for Federal program matching requirements.
In connection with the audit requirements addressed/n Part ]~ paragra~ 1, the ~ shall ensure that
the audit complies with the re~ of Section 215.97(7), Fire/da Statutes. This includes submission of
a financial reporting package as defined by Section 215.97(2Xd), Florida Statutes, and Chapters 10.550
(local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor
General.
If the recipient expends less than $300,000 in State financial assistance in its fiscal year, an audit conducted
in accordance with the provi.~ions of Section 215.97, Florida Statutes, is not requ/red. In the event that the
recipient expe~h__ _ less than.S300,000 in S_tate. ~..c_ial_ assisUiace in_its_ fi~cal year and elects to hav~ an
audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit
must be paid from the non-State entity's resources (i.e., thc cost of such an audit must be paid from the
recipient's resources obtained from other than State entities).
For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should
access the Florida Single Audit Act website located at htm://sun6.dms.state.fl.us/fsaa/cataloa.htm or the
Governor's Office of Policy and Budget website located at htm://www, eo~.state.fl.us/for assistance. In
addition to the above websites, the following websites may be accessed for information: Legialattue's
Website htW'J/www.leg.state, fl.us/. Governor's Website http://www, flgov.com/. Department of Financial
Services' Website htW://www.dbf, state.fl.us/ and thc Auditor C_~a~ral's Wcbsite
htW://www, state.fl.us/audgen.
PART m: OTgl~R AUDIT REQUIREMENTS
(NOTE: This part would be used to specify aay additional audit requirements imposed by the State awarding entity
that are solely a matter of that State awarding entity's policy (i. e., the audit is not required by Federal or State laws
and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(7)(m), Florida
Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits
conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must
arrange for funding the full cost of such additional audits.)
PART IV: REPORT SUBMISSION
Copies ofreporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and
required by PART I of this Agreement shall be submitted, when required by Section .320 (d), OMB
Circular A- 133, as revised, by or on behalf of the recipient d/rectlv to each of the following:
A. The Department of Environmental Protection at the following address:
DEP Agreement No. S0089, Attachment C, Page 2 of S
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
The Federal Audit .Clearinghouse designated in OMB Circular A-133, as revised (the ~m,0~er of
copies required by Sections .320 (dX1) 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 Bast 10th Street
Seffersonville, IN 47132
Co
Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f),
OMB Circular A-133, as revised.
Pursuant to Section .320(f), OMB Circular A-133, as revised, the recipient shall submit a copy of the
reporting package descn~oed in Section .320(c), OMB Circular A-133, as revised, a~! any management
letters issued by the auditor, to the Department of Environmental Protection the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road . .
Tallahassee, Florida 32399-2400
Copies of financial reporting packages required by PART II of this Agreement shah be submitted by or on
behalf of the recipient directly to each of the following:
A. The Departmont of Environmental Protection at the following address:
Audit Direetor
Florida Depaztment of Envirenmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
B. The Auditor General's Office at the following address:
State of Florida Auditor General
Room 401, Claude Pepper Building
111 West Madison Street
Tallahassee, Flodda 32399-1450
Copies of reports or management letters required by PART HI of this Agreement .~hall be submitted by or
on behalf of the recipient directly to the Department of Environmental Protection at the following address:
Audit Director
Florida Depmh,~nt of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
DEP Agreement No. S0089, Attachment C, Page 3 of $
Any reports, management letters, or other information required to be submhted to the Department of
Environmental Protection pursuant to th/s Agreement shall be subm/tted timely in accordance w/th OMB
Circular A-133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and
for-profit organ/zations), Rules of the Auditor General, as applicable.
Recipients, when submitting financial reporting packages to the Department of Environmental Protection
for audits done in accordance with OMB Circular A-133, or Chapters 10.550 (local gov~tal entities)
or 10.650 (no~profit and for-profit organizations), Rules of the Auditor General, should indicate the date
that the reporting package was delivered to the recipient in correspondence accompanying the reporting
package.
PART ¥: RECORD RETENTION
The recipient .~h~ll retain sufficient records demonstrating its compliance with the terms of this Agreement for a
period of 5 years from the date the audit report is issued, and .~hsll allow the Department of Environmental
Protection, or its designee, Chief Financial Office~, or Auditor General access to such records upon request. The
recipient shall ensure that audit working papers are made available to the Department of Environmental Protection,
or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 .years from the date th:
audit report is issued, unless extended in writing by the Deparunent of Environmental Protection.
REMAINDER OF PAGE INTE1VrlON~LY LEFT BLANK
DEP Agreement No. S0089, Attachment C, Page 4 of 5
ATTACHMENT E
QU,a! JlTY ASSURANCE REQUIREMENTS
Lake Worth Lagoon Monitoring Project
All sampling and analyses performed under this Contract must conform to the requirements set forth
in Chapter 62-160, Florida Administrative Code (F.A.C.) and the document "Requirements for Field
and Analytical Work performed for the Department of Environmental Protection under Contract"
(DEP-QA-002/02), February 2002.
2. LABORATORIES
A. The CONTRACTOR shall ensure that all laboratory testing activities are performed by a
laboratory certified by the Department of Health Environmental Laboratory Certification Program
(Doll ELCP) for the test methods and analytes to be measured.
B. If the laboratory is not certified for some or all of the proposed test measurements, the laboratory
shall apply for certification within one month of Contract execution, and shall be fully certified
within six months. Regardless of when the laboratory receives certification, the laboratory must
implement all applicable s~andards of the National Environmental Laboratory Accreditation
Conference (NELAC) upon contract execution.
C. Prior to providing analytical services, the laboratory must provide information for all test
measurements that at least one set of performance test samples that meet the Doll ELCP
ccrtifi _cati_on._requirements have been passed, success ~ful~ ly_wi~thin the last 6 months.
D. Laboratories shall maintain certification for all test methods during the life of the contract.
Should certification for an analyte or test method be lost, all affected tests shall be immediately
contracted to a laboratory with current Doll ELCP certification. The laboratory shall notify the
project manager in writing of any changes before such changes are made.
E. A copy of the Doll Certificate and the list of test methods for each laboratory shall be provided to
the contract manager upon contract execution or upon receiving Doll certification (see 2.b
above).
F. All non-standard laboratory procedures (i.e. those that do not appear on the Department's list of
reco~oniTecl methods) whether Doll ELCP certification is required or not, shall be submitted for
review and approval in accordance with DEP-QA-001/01 "New and Alternative Analytical
Laboratory Methods", Sanuary 1, 2002. The method must be approved by the Department before
use.
G. The CONTRACTOR shall ensure that the essential quality control measures, laboratory report
content and documentation are consistent with Chapter 5 of the NELAC standards and DEP-QA-
002/02. In addition, the following QC options are included:
3. FIELD ACTIVITIES
A. All sample collection and field activities shall be performed in accordance with the Department's
"Standard Operating Procedures for Field Activities" (DEP-SOP-001/01 dated January 1, 2002.
B. Any non-standard field procedure shall be submitted for review and approval in accordance with
FA 2000 of the Department's Standard Operating Procedures. The procedure must be approved
by the Depamnent before use.
4. REPORTING~ DOCUMENTATION AND RECORDS RETENTION
A. All laboratory and field records as specified in Chapter 62-160, F.A.C. shall be retained for a
minimum of five years after the project completion.
DEP Agreement No. S0089, Attachment E, l'age 1 of 5
B. In addition to thc l~J~AC-compliant laborato~ report, thc CONTRACTOR shall require that the
laboratory provide additional information to satisfy the 'Tier l"Coasic reporting options)
validation requirements as outlined in DEP-QA-002/02.
C. The data for validation purposes shall be submitted in the electronic format specified in DEP-QA-
002/002.
D. All applicable data qualifier codes as mandated by Chapter 62-160, F.A.C. and included in DEP-
QA-002/02 shall be used.
E. The CONTRACTOR shall adbere to the documentation and records requirements for project data
contained in DEP-QA-002/02.
F. All field and laboratory records that are associated with work performed under this contract shall
be organized so that any information can be quickly and easily retrieved.
AUDITS
A. AUDITS BY THE DF. PARTMEI~r - Pursuant to 62-160.650, F.A.C., the Department may conduct
audits of field and/or laboratory activities. In addition to allowing Department representatives to
conduct onsite audits, the CONTRACTOR, upon request, must provide the Department with the
requested information, including the raw analytical data for all analyses of a sample (regardless of
whether the data are reported). If an audit by the Department results in a det~m,iaation that the
data are not usable for the proposed purpose, the Dep~h,ent reserves the fight to reject the data
and require that the Grantee must submit a plan for corrective action within thirty (30) days of
notice by the Department that corrective actions are needed. The Crrantee shall implement the
plan within thirty (30) days of the plan approval by the Department. Failure to submit and/or
implement a corrective action plan within the required time frames will result in termination of
that portion of the Agreement referred to as the Lake-Worth Lagoon Monitoring Project.
B. PLANNING REVIEW AUDITS -
1. Initial: Within one month ~ the second sampling and analysis event has been completed
(including all analyses), the CONTRACTOR and all associated subcontractors shall review
the planning document (see 6 below) relative to the field and laborator~ activities to
determine if the data quality objectives are being met, identify any irnprov~ to be made
to the process, and refine the sampling design or schedule. A summary of the review,
including any corrective action plans or amendments to the planning document shall be sent
to the DEP Contract Manager within one month of the review, and a copy shall be maintained
with the permanent project records.
2. Ongoing: Planning reviews as described in 1 above shall occur annually.
C. QUALITY SYSTEMS AUDITS - The CONTRACTOR and all subcontractors shall ensure that the
required laboratory and field quality system and management systems audits are performed, and
documented in the organization's records.
D. STA~ OF USABILITY - As a part of the audit process and the final report, thc
CONTRACTOR shall provide statements about data usability relative to the Project Data Quality
Objectives and Data Quality Indicators.
Option B - Project Proposal/Sampling and Analysis Plan
A. Within 30 days of contract execution, the CONTRACTOR shall submit a detailed project
proposal or sampling and analysis plan that discusses the information contained in the document
"Requirements for Field and Analytical Work Performed for the Department of Environmental
Protection Under Contract, DEP-QA-002/02.
B. The CONTRACTOR and affected subcontractors have three (3) opportunities to submit their an
acceptable sampling and analysis plan to the Department. If any plan fails the approval process
three (3) times, the DEP may terminate the Contract in its entirety AND UTII.IZI~. ~ BACK-
DEP Agreement No. S0089, Attachment E, Page 2 of S
UP CONTRACTOR. Failure to provide acceptable Sampling and Analysis Plans as required
will result in suspension or termination of this Contract.
C. The DEP Contract number shall appear on the title page of the submitted document. Within
forty-five (45) days of receipt of properly identified documents by the DEP, the Department shall
review and either approve the document, or provide comments to the CONTRACTOR and
affected subcontractors as to why the Plan is not approved. If further revisions arc needed, the
CONTRACTOR shall then have fifteen (15) days from the receipt of such comments to respond.
The Department shall respond to all revisions within 30 days of receipt.
D. If Plan review is delayed, through no fault of the CONTRACTOR, beyond sixty (60) days after
the Plan is received by the Department, the CONTRACTOR shall have the option, after thc Plan
is approved, of requesting and receiving an extension in the term of the Contract for a time period
not to exceed the period that review was delayed. This option must be exercised at least sixty
(60) days prior to the current termination date of the Contract.
E. Sampling and analysis may not begin until the Plan been approved.
F. Once approved, thc CONTRACTOR shall follow the protocols specified in the approved Plan
including, but not limited to:
1. Ensuring that all stated quality control measures are collected, analyzed and evaluated for
acceptability;
2. Using only the protocols approved in the Plan; and
3. Using only the equipment approved in the Plan.
G. If any significant changes such as changes in procedures or test methods, changes in
organizations, or changes in key personnel occur, the CO .NTI~_ .~_ 0R shall sub_mit appropriate
amendments to the DEP Project Manager for review 'and inclusion into the Sampling and
Analysis Plan. Failure to submit the required amendments or to meet any of the above-stated
conditions may result in the decision by the DEP Project Manager to suspend or terminate the
Contract.
DELIVERABLES
A. The following outlines the expected schedule for the deliverables that are associated with the
Quality Assurance requireraents of this contract:
1.Copy of Doll ELCP certificate including the list of test methods and analytes within 30 days of
contract execution.
2. Copies of performance test results (see 2C of laboratory Option I and 2 above) within 30 days
of contract execution.
3.Non-standard laboratory or field procedures - Prior written approval, or submission of the
complete packet of information for review.
4.Planning review audits - As specified in 5.b.
5. Statement of Usability- As specified in 5.d.
6. Planning Document - see 6.
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DEP Agreement No. S0089, Attachment E, Page 3 of 5
PAYMENT REQUEST SUMMARY FORM FOR INTERLOCAL AGREEMENT
GRANTEE:
CO. AGREEMENT NO.: R
DATE OF REQUEST:
AMOUNT
REQUESTED:$
GRANTEE'S GRANT MANAGER:
PAYMENT REQUEST NUMBER:
PERFORMANCE
PERIOD:
MATCHING
REQUIRED $:
GRANT EXPENDITURES SUMMARY SECTION
[Effective Date of Grant throu~,h End-of-Grant Period'
AMOUNT oi~ TOTAL 'MATCHING TOTAL
CATEGORY OF EXPENDITURE THIS REQUEST CUMULATIVE FUNDS CUMULATIVE
PAYMENTS MATCHING
(including this FUNDS
request) (inclnding this
request)
Salaries N/A N/A $ $
Fringe Benefits N/A N/A $ $
Travel (if authorized) N/A N/A $ $
Subcontracting:
Planning N/A N/A $ $
Design N/A N/A $ $
Construction $ $ $ $
Construction Related Costs $ $ $ $
Equipment Purchases $ $ $ $
Supplies/Other Expenses $ $ $ $
Land N/A N/A N/A N/A
Overhead N/A N/A $ $
TOTAL REQUESTED $ $ $ $
TOTAL GRANT AGREEMENT
Less Total Cumulative Payments of:
TOTAL REMAINING IN GRANT
GRANTEE CERTIFICATION
The undersigned certifies that the amount being requested for reimbursement above was for items that were
charged to and utilized only for the above cited grant activities.
Grantee's Grant Manager's Signature
Print Name
Telephone Number
Grantee's Fiscal Agent
Print Name
Telephone Number
Interlocal Agreement, Exhibit C
PROJECT BENEFITS
FOR STORM}VATER RETROFIT PROJECTS
Grantee shall be responsible for demonstrating the projects benefit(s) and the estimated pollutant load
reduction to the Lake Worth Lagoon, or one of its tributaries, using one of the following methods:
Method 1 ** (recommended)
Grantee shall submit a report on the pollutant loading reduction estimate, which includes the following
information, with the final project report:
· drainage area of the project;
· annual average rainfall/number of events per year;
· pollutant loading estimates based on land use for pollutant parameters of concem
(include documentation and source of pollutant loading estimates information);
· treatment efficiency of the constructed stormwater BMP for the pollutant parameters of
concern (include documentation and source of treatment efficiency information);
· pollutant loading reduction calculations in pounds per year for each parameter of
concern on a pre vs. post basis; and
· narrative summarizing the methodology used to determine pollutant load reductions
with conclusions regarding the projects benefit(s) to the Lake Worth Lagoon.
OR
Method 2
1. Grantee shall submit a draft monitoring plan to ERM for preconstruction and post
construction water quality monitoring of the surface water/stormwater discharge from the project site.
The draft plan shall be submitted within 30 days of execution of the Interlocal Agreement and shall
include:
·
·
·
·
number of sampling events;
location map of sampling point(s) to be used;
method of sample collection (grab or composite);
conditions under which sampling shall be conducted; for example, necessary amount of
rain, timing of sampling based on drainage area (time of concentration);
water quality parameters to be analyzed;
Quality assurance/quality control aspects of monitoring plan; and
name of laboratory(les) conducting the sampling and analyses.
2. Grantee must insure that the monitoring plan is approved by ERM 30 days prior to
implementation.
3. Grantee shall implement the plan and submit the results with the final project report. The results
shall include:
· copies of sample results for each sampling event in a tabular format;
· calculations of discharge volume based on rainfall amount, drainage area, runoff
coefficients, soil storage, etc., for each sampling event;
Interlocal Agreement, Exhibit D
pollutant loading reduction calculations in pounds per year for each parameter of
concern on a pre vs. post basis; and
narrative summarizing the methodology used to determine pollutant load reductions
with conclusions regarding the projects benefit(s) to the Lake Worth Lagoon.
FOR HABITAT RESTORATION PROJECTS
Grantee shall be responsible for demonstrating the projects benefit(s) by providing the following
information, as applicable:
Total acres of habitat enhanced or created;
Total acres of each type of habitat enhanced or created by type;
Total acres of scrapedown area and or filled area;
Types and numbers of plants used;
Types, volume and acreage of stabilization material used; and
Types, volume and acreage of artificial reef material used (per each
deployment).
The following information shall be provided as a part of the final report, including a written summary,
photographs, graphs, charts, and tables as appropriate:
1) Site conditions prior to deployment;
2) Site conditions immediately after project completion (baseline report); and
3) Site conditions within one (1) year of project completion (or end of contract period);
Interlocal Agreement, Exhibit D
CERTIFICATION OF COMPLETION
I hereby certify, as the project manager for the applicant, that this project is substantially
complete in accordance with the project as identified in Exhibits A and B of this Interlocal
Agreement and/or any subsequent modifications to this Interlocal Agreement submitted to and
approved by Palm Beach County Department of Environmental Resources Management.
Project No. and Name
Project Manager Date
Applicant Date
Notary Date
Seal:
Interlocal Agreement, Exhibit E