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R99-045RESOLUTION NO. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND PALM BEACH COUNTY, PROVIDING FOR FINANCIAL ASSISTANCE FOR THE CONSTRUCTION OF THE DOWNTOWN STORMWATER SYSTEM IMPROVEMENTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Florida Department of Environmental Protection (FDEP) Agreement SP505, dated February 1, 1999, the County has received a grant from FDEP for the purpose of conducting environmental enhancement and restoration of the Lake Worth Lagoon; and WHEREAS, the County wishes to encourage municipalities that border the Lake Worth Lagoon to protect and enhance their littoral and estuarine habitats by improving the water quality of the lagoon; and WHEREAS, the City desires to collect stormwater from a + 49 acre developed area and treat that water before releasing it into the Lake Worth Lagoon WHEREAS, the City has applied to the Lake Worth Partnership Program to request a grant of money to assist in the construction of a Regional Storm Water Collection and Treatment System; and WHEREAS, the City and the County have mutually agreed to cooperate in a City project to construct a Regional Storm Water Collection and Treatment System; NOWi THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida does hereby authorize and direct the Mayor and City Clerk to execute an Interlocal Agreement with the Board of County Commissioners of Palm Beach County, said Agreement being attached hereto as Exhibit "A". Section2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ~ day of April, 1999. CITY Q~BOYNTON BEACH, FL, ORIDA V~e Mayor Commissioner.~~~ ~~ Gommissiono~ Gommissionor ATTEST: City~lerk - INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY AND THE CITY OF BOYNTON BEACH R 9 9 3 9 0 D MAR 0 2 1999 This Interlocal Agreement is made the � day of 11 r' h i .- , 1999, between the City of Boynton Beach, a municipality located in Palm Beach County, Florida (hereinafter "City ") 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 (1997), 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 uni 1iv1i®fItthe r, 01,' , 7 2111? 1 ,ti of any of either governmental entity's authorized functions; and WHEREAS, the County desires to environmentally restore and enhance the Lake Worth 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 (FDEP) Agreement SP505, dated February 1, 1999, the County has received a grant from the FDEP for the purpose of conducting environmental enhancement and restoration of the Lake Worth Lagoon; and WHEREAS, the County wishes to encourage municipalities that border the Lake Worth Lagoon to protect and enhance their littoral and estuarine habitats by improving the water quality of the lagoon; and WHEREAS, the County and the City recognize that management of fresh water inflows to the Lake Worth Lagoon is essential to limiting undesirable salinity fluctuations, turbidity, BOD and flow of nutrients, all of which threaten the habitat therein; and WHEREAS, the City desires to collect stormwater from a + 49 acre developed area and treat that water before releasing it into the Lake Worth Lagoon; and WHEREAS, the County and the City expect that such treatment will likely improve the quality of the waters of the Lagoon; and WHEREAS, the City has applied to the Lake Worth Partnership Program to request a grant of money to assist in the construction of a Regional Storm Water Collection and Treatment System; and WHEREAS, the City and the County have mutually agreed to cooperate in a City project 2 to construct a Regional Storm Water Collection and Treatment System. NOW THEREFORE, in consideration of the mutual representations, terms, and covenants hereinafter set forth, the parties hereby agree as follows: 1. Purpose of Interlocal Agreement and Recitals. The purpose of this Interlocal Agreement is to establish provisions for the transfer of FDEP funds from the County to the City for the limited purpose of assisting in the construction of a Regional Stormwater Collection and Treatment System, and to set forth the terms, conditions and obligations of each of the respective parties hereto. The foregoing recitals are incorporated herein and are true and correct. 2. Definitions. The following definitions shall apply to this Agreement: A. "Act" shall mean Part I of Chapter 163, Florida Statutes. B. "Agreement" shall mean this Interlocal Agreement, including any amendments or supplements hereto, executed and delivered in accordance with the terms hereof. C. "Construction" shall mean the act of physically building the project, or any of the components of the project, and shall include the process of building, clearing, filling, excavation, or paving, or the substantial improvement in the size or use of any structure or the appearance of any land. It shall include the transportation, installation or deployment of any completed components of the project. It shall not include designing, engineering, drafting or planning of the project, nor shall it include monitoring of the project after completion, installation or deployment. D. "Project" shall mean the activities described as Project 2, pages 5 through 7 of Attachment A of Agreement SP505, attached hereto and made a part hereof as 3 Exhibit A. 3. Documents Incorporated. Except as otherwise provided herein, City agrees that it shall comply with all terms and conditions of Agreement SP505 between Palm Beach County Board of County Commissioners and Florida Department of Environmental Protection, dated February 1, 1999 and attached hereto and made a part hereof as Exhibit A. 4. County's Representative/Monitoring Position. The County's representative /contract monitor during the term of this Agreement is identified below: Name: Richard E. Walesky, Director Address: Palm Beach County Department of Environmental Resources Management 3323 Belvedere Road West Palm Beach, FL 33406 Phone: (561) 233 -2400 Fax: (561) 233 -2414 5. City's Representative/Monitoring Position. The City's representative /contract monitor during the term of this Agreement is identified below: Name: John A. Guidry, Director of Utilities Address: 5469 West Boynton Beach Boulevard Boynton Beach, FL 33437 Phone: (561) 375 -6401 6. Effective Date/Term. The term of this Agreement shall be effective on the date of execution of the Agreement by both parties and shall continue in full force and effect for up to eighteen months, inclusive, unless otherwise terminated as provided herein. The County reserves the right to extend this Agreement for an additional six months immediately following the term of the Agreement for good cause shown in writing and submitted to the County no less than two months before the date of expiration. 4 7. Responsibilities and Duties of the County. The County agrees to pay the City an amount not to exceed $300,000 to be used for the limited purpose of reimbursement for costs associated with construction of the Project, provided the City meets the minimum match requirement of $1,200,000 as noted in Attachment A of Agreement SP505. Activities eligible for match requirements include pre - construction costs such as planning and design, engineering, and permitting costs incurred on or after the projected start date established in Exhibit A, Attachment A, Page 5. An additional $100,000 may become available to fund the Project as provided for in Agreement SP505, Attachment A, page 1, Note 1. 8. Responsibilities and Duties of the City. A. The City agrees to construct a Regional Stormwater Collection and Treatment System and do all the work related to this Project as more particularly described in Exhibit A, Attachment A, Project 2, pages 5 through 7; and B. The City agrees to provide the funds for the balance of the Project not funded by the County; and C. The City agrees to submit quarterly reports and invoices to the County by April 14, July 14, October 14 and January 14; and D. The City agrees to complete the Project in a timely fashion, satisfying all necessary permits and inspections; and E. Within two weeks of completion of the Project, the City agrees to submit a final Project report to the County. The City understands that this Project report will be forwarded to the FDEP in conformance with the requirements of FDEP Agreement SP505. 5 F. In the event that the project is not completed at the end of the contracted period of time, the final amount of the grant will be prorated based on the amount of construction completed. 9. Payments/Invoicing and Reimbursement. City shall submit invoices to County which will include a reference to this Agreement, identify the Project, and identify the amount due and payable to City. Invoices shall be itemized in sufficient detail for prepayment audit thereof. City shall supply any further documentation deemed necessary by County. Invoices received from City will be reviewed and approved by the Department of Environmental Resources Management, 3323 Belvedere Road, West Palm Beach, FL 33406 -1548, and who will indicate that expenditures have been made in conformity with this Agreement and who will then send the invoices to County's Finance Department for final approval and payment. 10. Funding Source. The County and City agree that the sole funding source for this Agreement is grant money obtained by County from the FDEP and shall not exceed a total amount of $300,000. It is also understood that the County's performance and obligation to pay is contingent upon an annual appropriation to FDEP by the Legislature. 11. Access and Audits. City shall maintain adequate records to justify all charges, expenses, and costs incurred in accordance with generally accepted accounting principals. Both the County and the FDEP shall have access to all books, records and documents as required in this section for the purpose of inspection or audit during normal business hours during the term of this Agreement and for at least three (3) years after completion of the Project. 12. Renewal. This Agreement may not be renewed. 13. Breach /Opportunityto Cure. The parties hereto expressly covenant and agree that in the 6 event either party is in default of its obligations herein, the party not in default shall provide to the party in default thirty (30) days written notice to cure said default before exercising any of its rights as provided for in this Agreement. 14. Termination. This Agreement may be terminated by either party to this Agreement upon 30 days written notice to the other party. 15. 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, that this clause pertains only to the parties to this Agreement. 16. Notice. All notices required to be given under this Agreement shall be deemed sufficient to each party when delivered by United States Mail to the County and City representative /contract monitors identified above in Sections 4 and 5, respectively, and with a copy sent to the Palm Beach County Attorney's Office, 301 North Olive Avenue, Sixth Floor, West Palm Beach, FL 33401. 17. Delegation of Duty. Nothing contained herein shall be deemed to authorize the delegation of the constitutional or statutory duties of state, County, or city officers. 18. Filing. A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County. 19. Liability. The parties to this Agreement and their respective officers and employees shall not be deemed to assume any liability for the acts, omissions, and negligence of the other party. Further, nothing herein shall be construed as a waiver of sovereign immunity by either party, pursuant to Section 768.28, Florida Statutes. 7 20. Indemnification. Without waiver of limitation as provided for in Section 768.28(5), Florida Statutes, and to the extent permitted by law, the County agrees to indemnify and hold harmless the City from any claims, losses, demands or cause of action of whatsoever kind or nature that the City, 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(5), Florida Statutes, and to the extent permitted by law, the City 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 City'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. 21. Insurance. Without waiving the right to Sovereign Immunity as provided by Section 768.28 Florida Statutes, the City 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. In the event the City voluntarily elects to maintain a Commercial General Liability and/or a Business Auto Liability insurance policy, in lieu of exclusive self - insurance under Section 768.28 Florida Statutes, the City shall agree to add the County as an "Additional Insured" 8 with respect to liability arising out of the City's operations or premises owned by or rented to the City which is subject to this Agreement. Said insurance policies shall have a minimum limit of $500,000 combined single limit of bodily injury or property damage. The City shall either self - insure or maintain insurance for Worker' s Compensation insurance for all of its employees connected with the work of this Agreement and, in case any work is subcontracted, the City shall require the subcontractor similarly to provide Worker's Compensation for all of the subcontractor'semployees unless such employees are provided coverage by the City. The City shall agree to have adequate property insurance, including builder's risk coverage while the project is in the course of construction, maintained in adequate limits of coverage on the building and contents based on the City's probable maximum loss estimates against the perils of fire, wind, flood, and other hazards. City shall agree to be fully responsible for any deductible or self - insured retention. When requested, the City agrees to provide a Certificate of Insurance or affidavit evidencing the required insurance coverages or Sovereign Immunity status above. 22. Compliance With Law. The City shall comply with all applicable federal, state and local rules and regulations in providing services under this Agreement. The City acknowledges that this requirement includes compliance with all applicable federal, state and local health and safety rules and regulations. The City further agrees to include this provision in all subcontracts issued as a result of this Agreement. 23. Amendments. This Agreement may only be amended by written Agreement executed by both parties hereto. 9 24. Remedies. This Agreement shall be construed by and governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held in Palm Beach County. 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 preclude any other or further exercise thereof. 25. Time of the Essence. The parties expressly agree that time is of the essence in this Agreement and the failure by a party to complete performance within the time specified, or within a reasonable time if no time is specified herein, shall, at the option of the other party without liability, in addition to any other rights or remedies, relieve the other party of any obligation to accept such performance. 26. Equal Opportunity Provision. The County and the City agree that no person shall, on the grounds of race, color, sex, 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. 27. Captions. The captions and section designations herein set forth are for convenience only and shall have no substantive meaning. 28. Severability. In the event that any section, paragraph, sentence, clause, or provision hereof be held by a court of competent jurisdiction to be invalid, such shall not affect the remaining portions of this Agreement and the same shall remain in full force and effect. 29. Entirety of Agreement. This Agreement represents the entire understanding between the 10 parties, and supersedes all other negotiations, representations, or agreement, either written or oral, relating to this Agreement. IN WITNESS WHEREOF, the COUNTY OF PALM BEACH, Florida has caused this Agreement to be signed by the Chair of the Board of County Commissioners and the seal of said Board to be affixed hereto and attested by the Clerk of said Board, pursuant to authority granted by said Board, and the CITY OF BOYNTON BEACH has caused this Agreement to be signed in its name by its Mayor and its seal to be affixed hereto, attested by its Clerk, the date and year first above written. R99 390 0 CITY OF BOYNTON BEACH PALM BEACH COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS By: ., AILdida el 91 By: - 714 64.• MAR 8 2 1999 , Mayor D�;P Chair Date 11 /4// ��"( ® N .8) f� i/ Ji p C� ATTEST: ° c e � = ATTEST: DOROTHY H. WILKEN, CLERK v Board of County mmissio " " ��► By . /X.x Qe.. 4 .. \ 49 ) 4/9Y By: 1� Q1n lQ . .. Y ' �� Date 11611 \\ � ti; ` • � � Date Deputy Clerk ?r' OA 8 Q , •9 ,� O: COUNTY 1°7 APPROVED AS TO FORM AND APPROVED AS TO Ft A %ON .!Cr _= LEGAL SUFFICIENCY: LEGAL SUFFICIENCY ••'' Sa By: J -1 B Y Y . City's Attorney WC Attom0 G \ COMMON\ ATTY\ WPDATA \ENVIR \LBEBBER \DAWN\MISCINTER2 BOY 11 EXIIIBIT A DEP AGREEMENT NO. SP505 STATE OF FLORIDA GRANT ASSISTANCE PURSUANT TO LINE ITEM 1299A OF THE 1998 - 99 APPROPRIATIONS ACT , THIS AGREEMENT is entered into between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, whose address is 3900 Commonwealth Boulevard, Tallahassee, Flonda 32399 (hereinafter referred to as the "Department ") and the PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS, whose address is 3323 Bchedere Road, Building 502, West Palm Beach, Florida 33406 (hereinafter referred to as "Grantee "), a local government, to perform Lake Worth Lagoon Restoration and Enhancement Projects. In consideration of the mutual benefits to be den%ed hercfrom, the Department and the Grantee do hereby agree as foI low s I The Grantcc does hereby agree to administer and manage subgrants for Lake Worth Lagoon Restoration and Enhancement by entenng into subagrcements with the various Subgrantces w ho will perfom projects in accordance with the terms and conditions set forth in this Agreement, Attachment A (Scope of Services), and all attachments and exhibits named herein which are attached hereto and incorporated herein by reference Nothing herein shall preclude the Grantee from funding approved projects done directly by the Grantee 2. This Agreement shall begin upon execution by both parties and shall remain in effect for thirty -six (36) months, inclusive In accordance NI, ith Section 287 058(2), Florida Statutes, the Grantee shall not be eligible for reimbursement for services rendered prior to the execution date of this Agreement This Agreement may be amended to provide for additional services if additional funding is made available by the Legislature. 3. As consideration for the services rendered by the Grantee under the terms of this Agreement, the Department shall pay the Grantee on a cost reimbursement basis in an amount not to exceed $1,000,000. The Grantee shall be reimbursed on a cost reimbursement basis in accordance with the Comptroller's Contract Payment Requirements, attached hereto and made a part hereof as Attachment B If the Grantee finds that the work dcscnbed in Attachment A cannot be accomplished for the current estimated amount, as indicated in Column E of the table of Page 1 of Attachment A, the parties hereto agree to modify the Scope of Services described in Attachment A to provide for the restoration services that can be accomplished for the funding identified above. In the event of such modification to the Scope of Services, it is understood and agreed that the individual match amounts for each project shall not fall below fifty percent (50 %) of the total project cost. All bills for amounts due under tlus Agreement shall be subnutted in detail sufficient for a proper pre -audit and post -audit thereof All requests for reimbursement of travel expenses shall be submitted in accordance with Section 112 061, Florida Statutes 4. The State of Flonda's perfonnance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. 5 The Grantee shall submit invoices on a convenient basis, but not more frequently than monthly and not less frequently than quarterly. Invoices shall be submitted in conjunction with progress reports describing the work performed, problems encountered, problem resolution, schedule updates and proposed work for the next reporting period If advance payment is authorized, the Grantee shall report (and document) the amount of funds expended dunng the reporting period, the Agreement expenditures to date, interest earned during the quarter and clearly indicate the method for repayment of the interest to the Department (see paragraph 19). It is hereby understood and agreed by the parties that thie term "quarterly" shall reflect the calendar quarters ending March 31, June 30, September 30 and December 31 The Grantee and each subgrantee is required to submit a final project report upon completion of the project for which they are responsible for conducting Said project reports shall be submitted to the Department's Agreement Manager no later than thirty (30) days following project completion which must occur at least sixty (60) days prior to the completion date established in paragraph 2 above. DEP Agreement No. SP505, Page 1 of 5 6 Pursuant to Section 215.422, Florida Statutes, the Department's Agreement Manager shall have five (5) working days, unless otherwise specified herein, to inspect and approve the services 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 is given ten (10) days to issue a warrant. Days are calculated from the latter date the invoice is received or services received, inspected, and approved. Invoice payment requirements do not start until a proper and correct invoice has been received. Invoices which have to be returned to a 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 7 In accordance with Section 215.422, Florida Statutes, the Department shall pay the Grantee, interest at a rate as established by Section 55.03(1), Florida Statutes on the unpaid balance, if a warrant in payment of an invoice is not issued within forty (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 a grantee requests payment. The interest rate established pursuant to Section 55 03(1), by Comptroller's Memorandum No. 11 (1998 -99) dated December 2, 1998, has been set at 10% per annum or .02740% per day. The revised interest rate for each calendar year beyond 1999 for which the tern 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. 8. Each party hereto agrees that it shall be solely responsible 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 immunity or the provisions of Section 768.28, Florida Statutes. 9 The Department may terminate this Agreement at any time in the event of the failure of the Grantee to fulfill any of its obligations under this Agreement. Prior to ter unation, the Department shall provide thirty (30) calendar days written notice of its intent to terminate and shall provide the Grantee an opportunity to consult with the Department regarding the reason(s) for termination 10. Tlus Agreement may be unilaterally canceled by the Department for refusal by the Grantee to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Grantee in conjunction with this Agreement. 11 The Grantee shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. The Department, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for three years following Agreement completion. In the event any work is subcontracted, the Grantee shall similarly require each subcontractor to maintain and allow access to such records for audit purposes 12 In accordance with Section 216.349, Florida Statutes (financial review of grants and aids appropriations), the Grantee shall provide to the Department one of the following: (a) if the amounts received exceed $100,000, an audit of this Agreement in accordance with the rules of the Auditor General promulgated pursuant to Section 11 45, Flonda Statutes; or (b) if the amounts received are greater than $25,000 but do not exceed $100,000, a statement prepared by an independent certified public accountant which attests that the Grantee has complied with the provisions of this Agreement or an audit as descnbed under (a) above, or (c) if expenditures are less than $25,000, an attestation by the head of the entity or organization, under penalty of perjury, that the entity or organization has complied with the provisions of this Agreement. The Department reserves the right to recover costs for failure to comply with Section 216.349, Florida Statutes. Copies of the required statement or audit, as applicable, shall be sent to each of the following within six (6) months following the completion of each of the Grantee's fiscal years in which the Agreement is in effect. DEP Agreement No. SP505, Page 2 of 5 -John Moulton Department of Environmental Protection Southeast District Office Post Office Box 15425 West Palm Beach, Florida 33416 -5425 -Audit Director (MS40) Department of Environmental Protection 2600 Blair Stone Road Tallahassee, Florida 32399 -2400 -Audit Manager Office of the Auditor General P.O Box 1735 Tallahassee, Florida 32302 To ensure compliance with Section 216.349, Florida Statutes, Chapter 10.600, Rules of the Auditor General is provided as Attaclunent C Although this document is provided as an attachment to this Agreement, the Grantee acknowledges that this rule is subject to periodic revision by the Auditor General, and as such, the Grantee agrees to comply with the effective version of the rule at the time of satisfying the audit requirements of this Agreement 13 The Grantee is authorized to subcontract with the entities identified in Attachment A. The Grantee shall not otherwise subcontract, assign, or transfer any work under this Agreement without the prior written consent of the Department's Agreement Manager. The Grantee agrees to be responsible for the fulfillment of all work elements included in any subcontract consented to by the Department and agrees to be responsible for the payment of all monies due under any subcontract It is understood and agreed by the Grantee that the Department shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract 14. In accordance with Section 216.347, Florida Statutes, the Grantee is hereby prohibited from using funds provided by this Agreement for the purpose of lobbying the Legislature, the Judicial branch or a state agency. 15 A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not perform w ork 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 Section 287.017, F S., for Category Two, for a period of 36 months from the date of being placed on the convicted vendor list. 16 The Grantee shall comply with all applicable federal, state and local rules and regulations in providing services to the Department 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. 17 The Department's Agreement Manager for this Agreement is identified below. Name John Moulton Address Department of Environmental Protection Southeast District Office 400 North Congress Avenue West Palm Beach, Florida 33416 -5425 Phone: 561/681-6600 Fax: 561/681-6755 DEP Agreement No. SP505, Page 3 of 5 18. The Grantee's Agreement Manager for this Agreement is identified below. Name Richard E Walesky Address. Palm Beach County Environmental Resources 3323 Belvedere Road, Building 502 West Palls Beach, Florida 33406 Phone 561/233 -2400 Fax: 561/233 -2414 19 In accordance with Section 216.181(15)(b), Florida Statutes, the Department, upon written request from the Grantee and written approval from the Comptroller, may provide an advance to the Grantee. The Grantee may temporanly invest the advanced funds, provided that any interest income shall either be returned to the Department, within thirty (30) days of each calendar quarter or be applied against the Department's obligation to pay, if applicable, under this Agreement. Interest earned must be returned to the Department within the tnmeframe identified above or invoices must be received within the same timeframe that shows the offset of the interest earned Unused funds, and interest accrued on any unused portion of advanced funds which has not been remitted to the Department, shall be returned to the Department within sixty (60) days of Agreement completion. The parties hereto acknowledge that the State Comptroller may identify additional requirements which must be met in order for advance payment to be authorized. If additional requirements are imposed by the State Comptroller, the Grantee shall be notified, in writing, by the Department's Agreement Manager regarding the additional requirements. Prior to releasing any advanced funds, the Grantee shall be required to provide a written acknowledgement to the Department's Agreement Manager of the Grantee's acceptance of the terns imposed by the State Comptroller for release of the funds. 20 To the extent required by law, the Grantee will be self - insured against, or will secure and maintain during the life of this Agreement, Workers' Compensation Insurance for all of his employees connected with the work of this project and, in case any work is subcontracted, the Grantee shall require the subcontractor similarly 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 insurance 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 Insurance satisfactory to the Department, for the protection of his employees not otherwise protected 21 The Grantee warrants and represents that it is self - funded for liability insurance, appropnate and allowable under Florida law, and that such self - insurance offers protection applicable to the Grantee's officers, employees, servants and agents while acting within the scope of their employment with the Grantee. 22 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 23 The purchase of non- expendable equipment costing $500 or more is not authorized under the terms of this Agreement. 24 The Department 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.g , specifications, time, method or manner of performance, requirements, etc.). All change orders are subject to the mutual agreement of both parties as evidenced in writing Any change order which causes an increase or decrease in the Grantee's cost or time shall require formal amendment to this Agreement. DEP Agreement No. SP505, Page 4 of 5 25. It is understood and agreed that the Grantee, and its subgrantees, shall not be compensated under this Agreement for any chemical or biological sampling and analysis performed as a component of the projects described in Attaclunent A Therefore, the Department's Quality Assurance (QA) Requirements and Data Validation Requirements shall not apply to this Agreement. 26. 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 wnting, duly signed by each of the parties hereto, and attached to the original of this Agreement, unless otherwise provided herein. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year last written below PALM BEACH COUNTY BOARD STATE OF FLORIDA DEPARTMENT OF OF COUNTY COMMISSIONERS ENVIRONMENTAL PROTECTION By By: / , Title Secretary or designee � Date Date / FE1D No.. 59- 6000785 P g eement Manager DEP Contracts Administrator ' • Approved as to form and legality DEP ttorney *For Agreements with governmental boards/commissions: If someone other than the Chairman signs this Agreement, a resolution, statement or other document authonzing that person to sign the Agreement on behalf of the Agreement or must accompany the Agreement List of attaclunents/exhibits included as part of this Agreement Specify Letter/ Type Number Description (include number of pages) Attaclunent A Scope of Services (23 Pages) Attachment B Comptroller Contract Payment Requirements (1 Page) Attaclunent C Chapter 10.600, Rules of the Auditor General (5 Pages) DEP Agreement No. SP505, Page 5 of 5 PROJECT 1 • ORIGINAL ORIGINAL Lake Worth Lagoon Partnership Grant Program Project: Design, deploy, and monitor artificial fisheries habitats for the Lakc Worth Lagoon Applicant: Spanish River Colrrinunity 1'Iiglr School (School District of Palm Beach County) Agent/Title: John \V. llawgis / Marine Rcscatch Dilcctor Address: ' 5100 Jog Road Boca Raton, Fl., 33496 Phone : \Volk — (561) 241 -2200 ext. 2430, Home — (561) 392 -5597 Fax — (561) 241 -2024 Estimated Cost of Project: $102,000 Amount of Grant Request: $51.000 Is Funding !!latch Already Available: YES, Monctawy and in kind funds Project Starting Date: October 15, 1998 Completion Date: June 1, 1999 1. In the space provided, fully describe the scope, tnetltods and location of the Rroposcd partnership project. Our objective is to design, consti uct, deploy and monitot a prototype mat inc fisheries habitat in the Lakc \\'oath Lagoon. ♦ We are winking closely with EKIv1 (Envilonmcutal Resource Management) in the designing of a smaller scale inacroltabitat (similar to the latget scale Singer Island project — Sugar Sand) to provide shelter, feeding and spawning habitats for juvenile and mature estuarine fowls in the Lakc Wortit Lagoon. ♦ A partnership has been established between local educational establishments, private busincsscs and local govcuuncnt agencies to aid in the succcss of this project. This partnership includes: professional consultants volunteering from the Ocean Engineering Department at F.A.U., Marius Rcscatch students and director from Spanish River l ligh School, local concrete and !umbel busincsscs (gcnciously donating materials for molds and forms and transportation of the finished habitats to deployment sights), local dive operators and scuba retailers (pledging total support by donating boat time and equipment for monitoring procedures), and ERIvI (Envitoluncntal Resource Management) that conceived this prototype habitat. ♦ Location of these habitats will be deployed at the following previously permitted (by EKM) sites within the Lake Worth Lagoon: a) Rybovich / Spencer site, b) Boynton Beach artificial • reef site, c) \Vest Palm Beach fishing pier site, and d) additional habitats at the Sugar Sand site. DEP Agreement No. SP505, Attachment A, Page 2 of 23 ORIGINAL Project: Design, Deploy and monitor artificial fisheries habitats for the Lake Worth Lagoon 2. flow will your project assist in the attainment of the principle goal of the Lake Worth Lagoon I4lauagement Plan, 1.E. the restoration / improvement of the Lake Worth Lagoon? • Our environmental enhancement fisheries habitat will support a diversity of fisheries and wildlife, which include endangered and threatened species. The habitat's carefully designed shape and positioning within the lagoon will encourage nutrient rich water flow and promote the migration of many lagoon species. ♦ The design of the habitat will provide shelter, feeding and spawning areas for juvenile and mature fishes and outer estuarine species such as enctusting, water-filtering life forms, like oysters and batnacles, aiding itt attaining and maintaining water quality in the Lake Worth Lagoon. • 3. liow will you measure the success / benefits of your efforts itt the Lake Worth Lagoon? ♦ A leant of carefully selected Marine Research students fiotn Spanish River Fhgh School and F.A.U.'s (Florida Atlantic University) Dive Club will ptuvidc comprehensive monitoring of changes than take place at the site locations. + Monitoting will include: Video and pltotogtaphic records of development Periodic analysis of water quality Fish population counts and species identification Tidal and cutrent influence of the Lakc Wo►lh Lagoon Investigation for deployment of habitats at futute sites ♦ Monitoring will be continued annually tluough the Matine Research program at Spanish River High School and other volunteering envitonmental clubs and agencies. ♦ Catalogued data will be made available to county agencies. • Project provides tremendous envitotunental benefits to the Lake Worth Lagoon at a low cost. Sonic of these benefits include: Increased habitats for fisheries Improved water quality in our iuttacoastal waterways Ecotouristu ♦ Due to local benefits and interest, dive operators and scuba retailers have generously donated the use of scuba equipment and boat charters to aid in the monitoring process. DEP Agreement No. SP505, Attachment A, Page 3 of 23 ORIGINAL Project: Design, Deploy and monitor artificial fishe►ies Habitats for the Lake North Lagoon Additional Narrative/Drawings that add to the previous questions: In summary, this conceived idea of ERIvI to place fishc►ics habitats within designated pc►niiucd sites in the Lake Worth Lagoon, has been adopted by the Marine Research program at Spanish River High School. Students, teachers, and other educational conuuunitics along with local private and public businesses, clubs and environmental agencies have formed a partnership to drastically improve the quality of the ecosystems in the Lakc Worth Lagoon. . An awareness program is being developed using ►escarch acquired flour this project and previous others to educate local public and private school students of the importance of restoration and enhancement prog►anis. Ivlarine Rcsca►ch students will schedule presentations to various grade levels about this and other pcojccts to p►onrotc environmental awareness to future generations. Certification: 1 certify drat to the best of my knowledge, all of the statements contained in this application are correct and complete. • Signature: ► w C C U ,y4,„,„_../ Print Nanrc: L - ' 4/. / Zo,e6 Title: / /e" s' e-4 cei Date: ;�' �� -•C _7 P 9�P Send 6 copies to the submitted, including 1 marked `original' scut to the County Grant Coordinator @ Environmental Resources Management 3323 Belvedere Road, 131dg. 502 • West Palm Beach, FL 33406 DEP Agreement No. SP505, Attachment A, Page 4 of 23 PROJECT 2 ORIGINAL Lakc Worth Lagoon Partnership Grant Program Project. Downtown Watershed Regional Stonnwatcr Facility Applicant. City of Boynton Beach Agent/Title. John A. Guidry, Director of Utilities Address: 5469 Wcst Boynton Beach Boulevard, Boynton Beach, FL 33437 Phone (561) 375 -6401 Estimated Cost of Project: S 5.0 million Amount of Grant Request: S I 0 million Is Funding Match Already Available: Ycs Project Start Date (approx.): November 1998 Completion Date: January 2000 I. In the space provided, fully describe the scope, methods and location of the proposed partnership project. Phase 1 of the project is located in Boynton Beach's Central Business District It includes the construction of a Regional Stonnwatcr Collection and Treatment System to collect stormwatcr from a ± 49 acrc area that is already developed, and is se icdulcd for redevelopment (sec attached snap for location). Currently, all stormwatcr from the developed arca flows, directly or indirectly, into Lakc Worth Lagoon with little or no prctrcauncnt t:t The proposed system will consist of a mew piping network that will direct all stormwatcr to a proposed ± 3 acre detention pond located within the watershed. 'llre pond will include influent structures with skimmers and sediment removal. 1 he open arca of the pond will serve to reduce nutrient and 130D loading to the receiving waters. Aeration devices, in the form of fountains, will be included, as will littoral Lune plantings 1 he pond is sited to treat 2.0 inches of rainfall over the impervious area of the project. (1 he initial 0.5 inches will be treated on each redeveloped site as required by the S.F.W.M.D.) Construction of the pond will include removing exotic /invasive species and replanting a 25 foot wide buffer along an existing mangrove wetland. 1 hrce drainage wells will be used to dispose of the treated "first flush" of stormwatcr into an underlying salt water aquifer, further minimizing the discharge of turbidity, BOD, and nutrients to Lakc Worth Lagoon. l his project Is part oldie Downtown Watershed Master Plan (available upon request). 1t is a pro - active approach to provide current stonnwatcr management practice to an arca that was built without any stonnwatcr prctrcauncnt whatsoever. 1 he project has been reviewed by S F.W.M.D. staff for an Environmental Resource Pcrmit. We anticipate permit issuance within the next 60 days. Construction will commence before the end of 1998. DEP Agreement No. SP505, Attachment A, Page 5 of 23 Project: Donntowit Watershed Regional Sturmwatcr Facility -Page 2 of 3 2. 1luw It ill your project assist in the attainment of the principal goal of the Lakc Worth Lagoon Management Plan i.c. the restoration/improvement of the Lake Worth Lagoon. • 1 he project will utilize conventional, proven treatment methods to reduce lice discharge of oil, grease, floatabte debris, suspended solids, 13OD, turbidity, and nutrients to Lake Worth Lagoon. Currently, the entire watershed area drains to the Lagoon with virtually no pretreatment. The open pond system provides better aeration, nutrient reduction, and suspended solids removal over a longer terns. By providing detention volume for the initial two inches of rainfall over the impervious arca, freshwater discharges to the Lagoon will be reduced Three, 24 -inch diameter , drainage wells (now in the permitting phase), will further reduce freshwater discharges. This proposal will therefore support at least four of the objectives listed in the Lake Worth Lagoon Management Plan, namely: L Manage excessive freshwater inflows from non -point sourccs. 2. Decrease input of suspended materials 3 Decrease input of excessive nutrients. • 4. Prevent the releases of toxic substances from point and non -point sources. The piping and pond system will be operated and maintained by the City's Stonnwater Utility, which is already established and staffed with maintenance personnel and equipment. Ongoing maintenance will assure the long tent viability of the treatment system. 3. el, (tow 1101 )0U measure the success /benefits of your efforts on the Lake Worth Lagoon. Over the scar term, water quality from the pond discharge can be compared with water quality from existing discharge pipcs receiving no pretreatment. Over a longer period of thee, existing sea grasses and water quality in Lakc Worth Lagoon can be surveyed and compared to pre- project conditions. This project will reduce the nutrient and silt loading into Lake Worth Lagoon, thereby reducing turbidity and algae growth. The net effect will be to promote submerged aquatic plant communities within the Lagoon through increased light penetration and decreased sedimentation. Lnhunccd aquatic plant communities will promote fish and other desirable species 1 he project, w heti constructed, will immediately enhance and protect the adjoining mangrove wetland to the east of the detention pond. DEP Agreement No. SP505, Attachment A, Page 6 of 23 • ■ Project: Downtown Watershed ltcgional Sturin atcr Facility I'agc 3 of 3 Additional Narrative/Drawings that add to the previous questions. ' UW1J01 1 ----_____ I�A11 DW2O5 U1N135 4 I � +ra • 1 N f , l','. 1' 1 1 Nf E. DWS35 o w,.o (1 .. • — b This drawing illustrates the project • • 1 • • � .,. { urea and the anticipated layout. - 1' - pwz„I P � t ow,.s owe � 0 Nutt the existing outjulls to Lukc � ...,FIE WES .rt {North Lugoal/C16 Basin and also, « r 1 r ,4 , • ""1 vsoro r 44' CkfIFALL the mangrove tvctla►Ids. I' ; .1 . , ��' _ „ • 1 1•r. 2t0 MIA a. • i 1 �'1ifT • . sew 1 oox - At; i • y — • Qt� - ate. �f_._• Kw I• In I 6 Sita 2 . , ) y - - !. N112- II • . owt55 'i I I, OW2,5 - - i 1 i U to r • t •z - - -i f t � • I ir� ;11 , • u n'L! - • r :I Seek aGO._ --•gen*- •%,_.• �1 11'L ,I- '� —' Ow165 ! �1W 170 -• • 11;0 � t ) [�.....aw: _ i 1 1 1 • i f • - -- '°'a -. . 1 -_0W225 1; , - nguro !' CDdal Camp [hcs+<r 61.1.1.« Proposod C Modal S. Certification: 1 certify that to the best of knowledge, all of the s tr iie its cunt• ied in this application arc correct and complete. \\ j Signature: 6 copies to the submitted, including Si 6 , i 1 marked original set to the print Name: John A. Cu idry, • County Grant Coordinator ® Director of Utilities DEP Agreement No. SP505, Attachment A, Page 7 of 23 PROJECT 3 Lake Worth Lagoon Partnership C R I G I\ A L Cr:ut( 1'rogrant I'r ujecl: Lake Park Marina Pumpout Facilities Applicant: Town of Lake Park Agentffillc: Brian Sullivan, Public Works Director Address: 535 Park Avenue. Lake Park. FL 11401 1'ltortc: (561) 844 -4644 Estimated Cost of Project S 125,00 Amount of Grant Request $ 42,500 Is Funding 11 Already Available Yes - Approved by voters in 1997 referendum Project Start Date (Nips ox.) December 1998 CompletionDate 1999 1. lit the space provided, fully describe the scope, methods and location of the proposed liar lrtctslri(> pr ujecl. The Town of Lake Park is currently involved in the design, engineenng and permitting associated with the revitalizat of the Town's Municipal Manna. Components of this initiative include both landside and waterside improvements. The Marina, was originally constructed in the early 1960's. While it is relatively well maintained. it does not provide state -of -the -art services for environmental protection or for today's waterfront market. The manna facility emphasizes the launching of small boats and therefore utilizes most of the site for parking of trader and trader tow vehicles. Perintt applications are being processed by the regulatory agencies and construction is expected to begin during 1998 and be completed during 1999. The revitalization effort is to convert the Marina to more of a mixed -use facility, promoting public access to the waterfront, creation of public open spaces and tenant services while still maintaining a more controlled launching of traiterable boats. In addition to providing improved access and amenities for residents and tenants alike, the Town of Lake Park is upgrading existing on -site facilities, to include the installation of a stormwater management system, and vessel waste collection services. Although potable water and wastewater services are provided to public restrooms on the site, the existing manna offers no holding tank pumppu( facilities to vessels berthed at any of the 215 permanent or transient slips. As part of the proposed improvements, the Town proposes to install a holding tank pumpout system. The Town is seeking funds from the Lake Worth Lagoon Partnership Program that would allow the proposed pumpout system to be upgraded so that purnpout services will be available to: A) The 65 proposed slips in the marina's north basin, 8) Vessels coming to the fuel dock for temporary services and C) The eight slips in the designated transient docking area. This can be accomplished by installing pumps, constructing pumpout lines and connecting the system to the existing municipal sanitary sewer system DEP Agreement No. SP505, Attachment A, Page 8 of 23 Project: Lake Park Marina Pum.out Facilities Page 2 of 3 2. Ilow will your project assist in the attainment of the principal goal of the Lake Worth Lagoon Management Platt i.e. the restoration /improvement of the Lake 1Vurtlt Lagoon. The most direct method of improving Lake Worth Lagoon is conducting projects which enhance water quality. Construction of the proposed pumpout facilities will directly benefit Lake Work Lagoon by improving water quality. This will be accomplished by reducing the occurrence of overboard discharges from vessel holding tanks. (While this has not proven to be a chronic problem at the Lake Park Marina, there has not been a routine monitoring program to measure coliform levels or other water quality parameters in the Marina). It is anticipated that use of the pumpout facilities, operating in conjunction with an improved stormwater management system, will provide a dramatic improvement to water quality in the Marina basin, which will then prevent degradation of Lake Worth Lagoon. By avoiding overboard discharges, the improvements to water quality in Lake Worth will likely also result in the increase in growth of seagrasses and other beneficial flora and fauna, all of which serve to improve the quality of Lake Worth. 0 . 3. 'low \vitt you measure the success /benefits of your efforts ott the Lake Worth Lagoon. Installation of the proposed waste collection facilities as a component of the reconstructed manna facilities eliminates the need for vessels to travel to remote locations to use an existing waste pumpout Convenience and ease of use with the new facilities will help discourage overboard discharges of holding tank waste. The Town proposes to monitor the success of the program by documenting the use of the pumpout system. Flow volumes will be recorded on a daily basis and compiled monthly during the first two years after construction of the system. Further monitoring will be considered, if there is value in the continuation of the monitoring program. (No specific monitoring plan for coliform levels in the marina or surrounding areas is proposed. However, such monitoring can be conducted if additional Lagoon Grant Program Funds are available and the results beneficial to the implementation of the Lake Worth Lagoon Management Plan. DEP Agreement No. SP505, Attachment A, Page 9 of 23 Project: Lake Park Marina Pumpout Facilities Page 3 of 3 Additional Narrative/Drawings that add to Clic previous questions. COST SHARE v Total Cost Town of Lake Grant Park Requested Project Element Materials 8 Construction $ l% S 1 (S) Pumpout capabdtcs at e4 65 slips In North 85,000 57,000/ 67 28,000 / 31 Basin • Pumpout at the Fuel Dock 15.000 15,000 / 100 0 / 0 Pumpout at eight slips for Transient dockage 25,000 10,500 1 42 14,500 / 58 , _\ Pumpout for sips In South Basin Detailed plan and cost estimate not developed U 1' — - • , •,• __ Construction to take place during 2000 Funding . 1 • 1 partnership may be sought during Mum the 1999-2001 1 . P. . grant cycle. r I s <.... u. ' tia . / ( Totals: $ 125,000 $ 82,500170% $ 42,500 / 30% 1 1 - 1 I r r S.A. anal / © 4 1 l 'kV 1 • • r �� ,tom :� , ., u - LL-'. 'r ' • Iba aa... — '• -�' n�_ . ---' — 2 11 ci 1 - 1 I ; �.. �1 i c+J t �—T ri / 1 3 � �� T -_ J Q f,r c r .4 4 . Proposed Pumpout Scrnces al le-y- ° ,,, rIt1U11luiti r +-` A 65 A `r€ 9pzlnNorih0asln P I 4 ,- , • ,I - 1 _ rte Ti ' w -ZIi- t all t11lt },, , D Fuel Dock t` ` / / / /!n / 1 ?� ��7!!l — u / . r/7 /// e �. ra. SdK 0..4 ` C. Transient Dockage Q I l I l I t ---'1 Certification: 1 certify that to the lies( of my knowledge, all of the statements contained in this application are coiled att' complete. 6 copies to the submitted, including Siguatut c: c c J L/. PLt l/, 1 utat Iced original scu( to the County Cram Coordinator @ Pi int Name: Brian Sullivan Environmental Resources I1'lartagculcn( Asst. Town Mgr./ Public Works Director 3323 Belvedere Road, Bldg. 502 'title: Public I'alnt Beach, FL 33406 Date: t i/3C) / c3 ' DEP Agreement No. SP505, Attachment A, Page 10 of 23 PROJECT 4 UKI 61Ni L Lake Worth Lagoon Partite' ship Grant Program • Project: Lake Park Stormwater Management Applicant: Town of Lake Park Agent/Title: Brian Sullivan, Public Works Dirrrror Address: 535 Park Avenue, Lake Park, PL 33403 1'l►ouc: (561) 844 -4644 ' Estimated Cost of Project $ 160,000 Amount of Grant Request 80,000 Is Funding Match A.lieady Available Yes - Approved by voters in 1997 referendum 1'tuject Start Date (app►ux.) December 1998 Completion Date December 1999 1. In the space provided, fully describe tlic scope, methods and location of the proposed pal tucrsl►ip pr o ject. During 1998, The Town of Lake Park embarked on an initiative to revitalize the Town's waterfrori: along the Lake Worth Lagoon and adjacent downtown areas. Part of this project includes the completion of significant improvements to Kelsey Park and the Lake Park Municipal Manna. Includes in the manna improvements is the replacement of an existing drainage system which serves the manna and surrounding developed commercial lands with a state -of- the -art stormwater managemen: system. The new system will be designed to capture and treat stormwater prior to it being discharges to Lake Worth Lagoon This grant requests financial assistance with the construction of the proposes stormwater management improvements The project is ongoing with preliminary design work completed and environmental permit applications submitted and pending. The project directly complies with the Lake Worth Lagoon mission statemen: by helping to restore and manage Lake Worth Lagoon Water Quality levels and improve the quality of discharges to the Lagoon. The Project also is consistent with the Town of Lake Park's Comprehensive Plan and the guidelines and conditions of the County and Town's joint NPDES stormwater permit. The Town's marina is located along the west shore of Lake Worth Lagoon approximately 3500 fee: north of the Blue Heron Bridge. The marina was constructed during the 1960's and the managemen: and treatment of stormwater from the marina facility and surrounding properties has been nonexistent Runoff from the manna site itself (which consists primarily of parking lot) drains into the marina basin and then into Lake Worth Lagoon If approved, grant funds would also allow the Town of Lake Park to construct flushing connections an a system that will allow floating debris to be removed from the marina basin. Together, these improvements will remove a large portion of pollutants historically entering Lake Worth from U marina. DEP Agreement No. SP505, Attachment A, Page 11 of 23 [ roject: Lake Park Stormwater Management Page 2 of 3 2. Ilow will your project assist in the attainment of the pi irrcilral goal of the Lalcc Worth Lagoon I\'lanagcurcnt Plan i.c. the r estoratiuu lion)► ovemcnt of the Lake Worth Lagoon. Upon installation of the proposed facilities, immediate improvement to the quality of stormwater being discharged to the Lake Worth Lagoon will be realized. This will result from the diversion of runoff to treatment areas. The treatment of runoff and capture of suspended sediments flowing to the Lagoon will help provide measurable and significant improvements to the Lagoon's water and sediment quality as outlined in the Lagoon Management Plan Mission Statement. Redevelopment of the City Marina and Kelsey Park sites will improve public access to the Lagoon waterfront helping maximize the use of the existing public amenities on the Lagoon and increasing the opportunity for development of public awareness programs to protect the Lagoon. Both of these project sites may be used by the Town of Lake Park and other entities to promote proper management of the Lagoon's resources. • 3. Ilow iyill you rueasur c the success /benefits of your efforts on the Lake Worth Lagoon. Considerable research has been completed since the ratification of the Clean Water Act demonstrating the benefits associated with capturing and treating stormwater runoff prior to discharge to a receiving body. The South Florida Water Management District and the Florida Department of Environmental Protection have both performed numerous studies reaffirming this benefit in Southeast Florida. Conversion of the existing manna drainage system to a water management system will reduce pollutant Toads to the Lake Worth Lagoon. The Town of Lake Park's public works staff will manage the stormwater management system, collecting and removing captured pollutants, floatables, etc., on a regular basis to help prevent these materials from being discharged to the Lagoon. A log of maintenance efforts including quantity estimate of pollutants removed when cleaning trash racks will be kept to document the benefits of the system. (Additionally, the Town of Lake Park proposes to complete a semiannual survey of seagrass communities adjacent the marina site to assess the quantitative and qualitative effects on the existing seagrass beds). It should be noted that there are numerous secondary benefits which. will result from the proposed marina improvement project, such as enhanced public access, increased public awareness through signage of Lagoon issues such as the importance of various habitat types, endangered species, disbursement of public information pamphlets, etc. Both the marina and the park facilities are being promoted as comerstones to the Town of Lake Park's downtown revitalization. DEP Agreement No. SP505, Attachment A, Page 12 of 23 t l't ujcc(: Lake Park Stormwater Management Page 3 of 3 Additional Narrative/Drawings that add to the pi cvious questions. Cost Estimate Proposed Stormwater Basin Layout '7"<"•,...-. � mI. i + 1 , % Lake Park Marina �� // { � f Water Management Syalem ■ \;•� -' ". *.'. e .0 : 1 , 1 ::•� Item Owendy Unh• Unn Pne• Sue.ol• _ Mob�UH S. a ngp luJlgn 1 / / e, ` k EA 10 000 00 10 OCq O: EA • 000 00 4 000 OC / Adieneo teal,.• Inywcnca Bands 1 - � // / • �.' - - .// -e/ h r Ex..eon(Dernn.,+ 1 r • - Basin 1 215 CY 600 1 253 O: • / ,, .. '/ 2 200 CY 600 1)00 Oc ■ L. -. _ ' T, 2 160 Cr 600 000 OC ; j. . too CY 600 6 - i .k4 _ 5 to 320 CY 600 1 070 b• � ' 7 / 6 o CY 6 oa COO 0: 1 • ••• % - >•s /� 7 300 CY 6 00 1 600 0: • 7 _ �" j 6 (00 CY 603 600 OC / Ptoe In414041.4 I� • Basin 1. 2. RCP 18 Li 50 00 LOO 0' a: i - 4.' /� /1 / — 7• 2e'RCP 20 Lf 5000 10.00" •e / 4 / . • l a 1 /� - 3 • 24' RCP 25 LP Sa 00 1,350 0 J 50 0_ a . S • 24' RCP 00 LF 50 03 4,500 0. ti A� 1 6.24'RCP 261 Li 5000 101500' • 1l 7•}0' 05 Lf 7500 0 375 0 1 4 • 74' RCP 60 LF 50 03 • 000 O • N \\\ Mnc. 60 RCP 210 lF 170 00 � r COO Baw 00 25:00 0 ns 11 EA 2000 27000 0 P pe Conrotlwn to OultheA1 4 EA 1,500 00 6 000 O \� \ \ \j sod 5500 SY / 50 1,2W 0 \ 6 \ Trey Punt,reo (10 Canon 20 o c) tOd EA •03 00 5 400 0 ``` 1� ` ' : I - • _L u- Ps. orate Remo. ce /CNarkq 5500 CY 100 55030 i ,\ 1 t r Con l 1 L'+ 201 2E 655 c \ •- lit Sl60OW : Certification: 1 certify that to the hest of my knowledge, all of the statements contained in this application arc curl cct and complete. 6 copies to the submitted, including Sibuatut e: t J L-- / ( . ( , f _, 1 utarlced original scut to the �/ County Grant Coordinator @ 1't int Name: Brian Sullivan Environmental ltcsourccs IYlanagcutcnt 3323 Belvedere 'toad, Bldg. 502 1'itic: Public Works Director \Yost Palm Beach, FL 33406 Date: c l /2X/9r DEP Agreement No. SP505, Attachment A, Page 13 of 23 PROJECT 5 ORIGINAL Lake Worth Lagoon Partnership Grant Program Project: Port of Palm Beach Master Drainage Plan Improvements Applicant: Port of Palm Beach AgentlTitie: Edward Oppel, Executive Director Address: . 4 East Port Road, PO Box 9935, Riviera Beach, FL 33419 Phone: (561) 842 -4201 Estimated Cost of Project $600,000.00 Amount of Grant Request $300,000.00 Is Funding Match Already Available: YES Project Start Date (approx.) 2/99 Completion Date : 1st Phase 8/99 on -going 12/2001 1. In the space provided, fully describe the scope, methods and location of the proposed partnership project. 0 The Port of Palm Beach is located in Palm Beach County on the western shore of the Lake Worth Lagoon in the City of Riviera Beach, Florida The total acreage of the Port is approximately 124.9 acres. The Port of Palm Beach is presently enhancing Port operations via a Capital Projects Expansion Program as approved by the Port's Master Plan. Within the next two years, four major components will be constructed on the Ports property. The four projects are: (1) the on -going construction of the Skypass Bridge which is the elevation of U.S. Highway #1 to allow a greater movement of cargo throughout the Port and will also allow uninterrupted vehicular traffic flow, (2) the 90,000 square foot Cruise Terminal and new mantime office budding improvements, (3) construction of Slip #3 which will allow for the expansion of both cruise and cargo operations; (4) and rail improvements. The Port has engaged the service of Shalloway, Foy, Rayman & Newell, Inc. to develop a Comprehensive Master Drainage Plan in conjunction with construction development at the Port. As a condition to the Skypass Project permit, the Florida Department of Environmental Protection (FDEP), has required water quality and quantity treatment of stormwater runoff meet current stomiwater drainage criteria. The construction of retention areas, exfiltratton trenches, oiVwater separators and weirs will improve the quality of water discharging into the Lake Worth Lagoon. These enhancements will also reduce the quantity of water discharging into the Lagoon. • The development of the Master Drainage Plan will identify a priority list of improvements that will be scheduled for construction over the next several years. The type of treatment will vary based on the analysis of the stormwater discharged from identified areas of the Port The water quality- monitoring program will allow for the analysis of the improvements and measure their effectiveness. The funds from this grant program will be spent on the construction of water quality treatment systems and follow -up monitoring. DEP Agreement No. SP505, Attachment A, Page 14 of 23 Project: Port of Palin Beach Master Drainage Plan Improvements Page 2 of 3 2. How will your project assist in the attainment of the principal goal of the Lake Worth Lagoon Management Plan? (Le., the restoration /improvement of the Lake Worth Lagoon). The Lake Worth Management Plan, dated April 1998, identifies three goals as areas of concem: (1) Water and Sediment Quality; (2) Habitat; and (3) Interagency Management These areas are addressed through the design, permitting and implementation of the Port of Palm Beach's Master Drainage Plan. Water and Sediment Quality Issues: The first goal of attaining and maintaining sufficient water quality to sustain a healthy estuanne ecosystem is being addressed by the govemmental mandated requirements of the construction of water quality systems that meet or exceed current water quality standards. Water quality cnteria will be met by constructing systems designed to remove sediments, oils and greases, floating debris and other organic compounds. Habitat Issues: The second goal of attaining and maintaining biological integrity of the ecosystem will be addressed by the govemmental methods being used in addressing the water quality issues above. Less pollutants being introduced going into the system equates to a higher water quality and hence an improvement to the fish and wildlife habitat. ∎Interagency Management Issues: Goal number three is also met by the implementation of the Port's Master Drainage Plan The Master Plan will be reviewed by the City of Riviera Beach, City of West Palm Beach, Palm Beach County, South Florida Water Management District, The Treasure Coast Regional Planning Department and the Florida Department of Environmental Protection Once the Master Drainage Plan is accepted, the Port will be required to obtain individual permits through the Florida Department of Environmental Protection. Upon permit issuance, the improvements will be implemented in a timely manner. 3. How will you measure the success /benefits of your efforts on the Lake Worth Lagoon? The Port of Palm Beach has a majority of its industrial type property discharging storrnwater runoff directly into the Lake Worth Lagoon. All on -going and future projects as well as other selected discharge sources will be addressed in the next several years using the proposed Master Drainage Plan that is currently being implemented as a guide. Proven systems that remove sediments and pollutants currently discharging into the Lagoon will be constructed. A water quality- monitoring program will be implemented to directly measure the reduction of pollutants in the discharge. With these improvements to the Ports drainage systems the benefits will have positive impacts on the Lake Worth Lagoon. DEP Agreement No. SP505, Attachment A, Page 15 of 23 Project: Port of Palm Beach Master Drainage Plan Improvements Page 3 of 3 Additional Narrative /Drawings that add to the previous questions. For many years, there were no significant expansions or changes to the Port Recognizing that there are other projects that will be built in the near future, the Florida Department of Environmental Protection (FDEP) is requiring that the Port address the water quality issues associated with these improvements. As a Special Condition (Condition No. #3) to the Skypass Project's FDEP Permit (No. 50- 131286 -001) the Port of Palm Beach is to prepare a Master Drainage Plan. Condition #3 states: The Stormwaler Master Drainage Plan reflects the existing stormwater system and treatment facilities, land uses both existing and proposed, a plan address the retrofitting of the existing and any proposed new facilities, water quality monilonng, potential funding sources for water quality improvements and recommendations. The goal of the Master Plan is to establish a comprehensive long -term plan so that in the future development of the Port facilities can be accomplished in a manner that will meet or exceed water quality standards in a well - defined and organized method. As new projects come on -line the Master Drainage Plan will be the "Guide" to designing and implementing the stormwater system for that project The goal of the Master Drainage Plan is very similar to the Lake Worth Lagoon Management Plan mission statement and goals. The relationship between water quality, enhanced habitat and interagency management will be brought together by the Port of Palm Beach's implementation of the Master Drainage Plan. to Matching funds are available for these stormwater improvements through the Port of Palm Beach issuance of tax- exempt parity debt bond issue or tax exempt notes or Port reserves Certification I certify that to the best of my knowledge, all of the statements contained in this application are correct and complete. 6 copies to the submitted, including Signatur # �� . ��f l`/ /' 1 marked original sent to the // County Grant Coordinator @ Print Name: Ea R . o P P ( Environmental Resources Management 3323 Belvedere Road, Bldg. 502 Title: Po r -i-- t7 r e c -t dr- West Palm Beach, FL 33406 Date: of 9 b DEP Agreement No. SP505, Attachment A, Page 16 of 23 PROJECT 6 ORIGINAL Lake Worth Lagoon Partnership • Grant Program Project: 'the Renaissance Prulcct Phase I — Treatment and Diversion Applicant: . 1 he City of West l'altn Beach Public Utilities Depattinent Ageit!l ilte: Courtney F. Sadler, Project Specialist Address: P 0 13or 3506. West Palinn Beach, Florida 33402 -3506 Phone: (561) 659 -8085 Estinhatcd Cust of Projetl S 51.666,628 Amount of Grant Request S 300,000 Is Funding Match Already M a il.rblc Yes Project Start Date (approx.) January 1999 Completion Date May 1999 • 1. In the spate prodded, fully desttibe the scope, methods and location of the proposed partnership project. '1 he Renaissance Project is an integrated water resuwee management plan for diverting runoff from a 375 -acre urban atershed and conveying the water through a settling basin and ‘‘etlands eventually to become part of the City's potable eater supply. It is a model for regional sustaunabilhty of water resources while enhancing the ems irolunciit The Renaissance Project (Project) has been developed with the combined expertise of City staff, local engineering Lunsultants and other governmental agencies, including the United States Environmental Protection Agency (CPA), the Army Cuips of Engineers (ACOIS), the Florida Department of Environmental Protection (DEP) and the South Florida Water Management District (SFW141D). .1 be Project also embodies the principles of the Go%ernur's Cununhsson for a Sustainable South Florida's Eastward IIu' Initiative to encourage clopinent along the Last Coast Once implemented, the Project w111- • Reduce damaging fiesinvater "slugs" and pollutant load impacts to the Lake Worth Lagoon by ditcrting storm water though a treatment process to a storage cell, • Convert the captured runoff into raw water supply, • Provide increased flood protection to low-lying areas within the inner city of West Palm !Beach, and • Fulfill water quality and quantity and dry pretreatment requirements for the upcoming CityPlace clopment and lice Palm i3caci County Convention Center. Phase 1 of the Project consists of an upstream diversion and treatment facility to redirect sturimcater that ttuuld other s Ise be discharged into the Lagoon into Clear Lake and other holding areas to be developed in future phases of the Renaissance Project, instead, the water will be recycled to meet both environmental and urban demands. The .onstructon project is a joint venture between the City, County, the Kravis Canter and the proposed CityPlacc de%elopiucnt that to divert and Beat excess water quantity using the highly permeable soils of the coastal ridge to recharge the surficial aquifer, offsetting the effects of salt water intrusion. Phase 1 will implement the facilities necessary to pretreat the first 'h inch of runoff through dry retention. Required capital improvements include the installation of a pipeline, two CON /SPANS and a 35 foot -weir in the median of Okeechobee Boulevard to convey water cast to west. The ss atcr will that be directed to a pump station where chemical treatment begins, then through a settling basin and a 5 -acre polishing wetland. Overall, Phase 1 will provide detention and storage of over 79,000 cubic feet of runoff. SFWMD has issued both a conceptual permit for the entire Renaissance Project and a construction permit for the CityPlace development. DEP Agreement No. SP505, Attachment A, Page 17 of 23 I'nujcet: 111e Renaissance l'iuject Phase 1 — 'flc.rlulcut and Disci slim Page 2 of 2. lion %ii11 ) our project assist in the attainment uf the principal goal of the Luke Worth Lagoon planagement Plan i.e. the restoration /improseuneut of the Luke 'Worth Lagoon. 1 he Project 1%111 ameliorate freshwater "slugs" and pollutant Toads to the Lake Worth Lagoon by diverting untreated stunnwater runoff away from the C -51 drainage basin, this will help restore the Lagoon to a healthy, inacrophyte- based estuarine ecosystem. By curtailing sturunvater discharges into the Lagoon, the Project will reduce mass loadings, sedimentation, nutrient loading, toxic substances and pathogens. Additionally, the Project will reduce the peak discharge rate to help limit freshwater "slugs" to the Lagoon, thereby nmnuntzing undesirable salinity lluctuatons. Finally, the project also serves as a model to other municipalities for integrated water management 3. lion hill ) ou uteasure the sueecss /benelits of ) our Worts tin the Lake Worth Lagoon. llie City will be able to quantify the pollution reduction to the Lagoon by monitoring the quality and quantity of water descried through the CON /Sl'ANs and the whole uf the ILen.lssJitte I'roUcct by calculating flow and load reductions and comparing that data to histot ical discharges into the Lagoon. Water quantity will be recorded and water quality samples will be taken at the discharge lucation(s) of the Water Management System during periods of discharge Water quality samples will be taken immediately upstream of the pump station, the settling basin spillway and the water supply pump. 1 Ins monitoring plan will be followed for a one -year period, and tun te- evaluated to optimize sampling protucal. Parameters to be obtained on a daily and weekly basis will be sampled by the certified City laboratory for all listed parameters (with the exception of 13OD and Oils and Gieases) Parameters to be obtained on a monthly and semi- annual base i(as well as L3OD and Oils and Greases) will be sampled and analyzed by a laboratory certified by 1 Iurida DCI''and/or 1IItS Senn - annual rcputts shall be prepared, including test results, the DEP /11KS certified lab number, S \VFh1D penult number, sample location and Russ conditions. Ilse following parameter ill be sampled on a Samples will be analyzed on a monthly basis for the daily basis parannetets listed below. Parameters , \ria11 /cd Units Pal atiletct s Alialy /ed Units p11 (Range >6 U L <S.5) Stamdaid Amumuuta as N mg,/ Dissolved O.ygcn wig /I Nitrite and Nitrate as tng/I 1 urbidity iitu 1 utal K3edahl Nitrogen wig /I 1 utal Dissolt ed Solids (1 DS) nig /I lout Phosphorus as !' nig /I 1 ecal Cultfunns nnf/100ni1 Aluminum ug/I l utal Colnforms nif /1001111 Arsenic, total ug/1 Cadmium ug/ llnc following parameters will be sampled on a Chromium ug/1 weekly basis. Copper ug/1 Parameters Analyzed Units Iron ug /I Conductivity, Field unnhos /cnn Lead ug/I Water Temperature degrees C Selenium ug/I Alkalinity mg /1 Zinc ug/1 Biochemical Oxygen Demand (13OD) ing /l Chlorides ing /I Samples will be analyzed on a seem- annual basis Hardness mg /1 (dry and wet screening, minimum two inch rainfall) Oil and Grease ung /1 for Organuchlonde Pcsticides,(8081A), Chlondatcd l utal Suspended Solids (1 SS) nig /1 l lerbieides (8151A), l'urgcable llalocarbons (60!) and Volatile Organic Compounds (602). DEP Agreement No. SP505, Attachment A, Page 18 of 23 • Project: I Inc Itcnaiss:tncc I'nujeft Phase 1 —'1 rcatntent and I)isei siun Page 3 of 3 Additional Narratisc /Diawmgs that add to the pi es loos questions. . In addition to reducing the City's discharges into the Lake Worth Lagoon, die Project will also: • Increase the City's seater supply by utilizing the captured storm water and recycling captured seepage slater, • Augment regional water supply to potentially save more than 70U mullion gallons of water per year, and • 1'io %ide inure water for Ls eiglades Itc'stot atton by de.i easitig the demand For water from Lake Okeeelubee . .■•••• • t . c�esr r': , a 11 x'44'' rA• , - 4— Renaissance Project .j -'17 .;-+ r ;y..1, S / City t ;� a ; T a �?_ Phase 1 ) � - Construction I7. V �MN r", c:w S L?; r ..' -. , ,te e ,''` .,,. i or, L--------1--1 [---I I J 1— /41.\ 7T RCP • COIIIsPArt, • ,��48 RCP A. Y (34•••J., PO '-- 1 . \ n 6Cr R CP 8a• RCP Al 1 .r.._. --..� Certification: 1 certif) that to the best of my Lnu»Iedge, all of the statements contained in this application arc correct and complete. U copies to the submitted, including l marked original sent to 111e Signature: (.,,, / ,_� A County Grant Coordinator U • Print Name: Courtiriv F. Sadler Ensironmentrl Resources 1llanagcnncnt 3323 llclsedcrc ltuad, l.tldg.5U2 title: Project Specialist West l'alnn Reach, FL 3341.1G Date: October 1, 1998 DEP Agreement No. SP505, Attachment A, Page 19 of 23 • PROJECT 7 ORIGINAL Lake Worth Lagoon Partnership Grant Program . Project: Peanut Island Environmental Restoration Applicant: Palm Beach County Board of County Commissioners Agent./Title: Richard E. Walesky, Director, PBC Environmental Resources Mgmt. Address:. 3323 Belvedere Road, Building 502. West Palm Beach, FL 33406 Phone: (561) 233 -2400 Estimated Cost of Project $1,693.765 Amount of Grant Request $250,000 Is Funding Match Already Available The project is being processed to receive Federal funding through the U.S. Army Corps of Engineers Section 1135 WRDA Project Start Date (approx.) April, 1999 Completion Date April, 2000 1. Describe the scope, methods and location of the proposed partnership project: The Peanut Island Environmental Restoration Project will provide key habitat for fish, invertebrates and wildlife through the restoration and creation of habitat on a spoil island. Originally, the area occupied by Peanut Island was a submerged shallow -water habitat; however, as a result of fill placement from numerous dredging projects, the area consists of a 79 acre spoil island infested with exotic vegetation (primarily Australian pine and Brazilian pepper), rendering the majority of the island inaccessible. The environmental restoration plan calls for creation and restoration of wetland and upland habitats on Peanut Island, which is ideally situated in Lake Worth Lagoon in proximity to the Lake Worth Inlet. Island restoration efforts include the following: • Clear and chip 17+ acres of exotic vegetation to create upland and wetland • Relocate 86,300 cubic yards of dredged material deposits for wetland creation • Reduce elevations to wetland grades in order to: • Create a 1.0 acre shallow -water reef habitat • Create 2.0 acres of shallow -water lagoon habitat • Restore 3.0 acres of existing mangrove habitat through the creation of 1. 5 acres of inlet, tidal pond and flushing channels • Create 7.7 acres of upland maritime hammock • Create 2.2 acres transitional zone to augment wetland and upland habitats. The project will provide a unique habitat for fisheries and wildlife, while interfacing with the island's principle function as a continued disposal site and recreational area. DEP Agreement No. SP505, Attachment A, Page 20 of 23 Project: Peanut Island Environmental Restoration Page 2 of 3 2. How will your project assist in the attainment of the principal goal of the Lake Worth Lagoon Management Plan i.e. the restoration of the Lake Worth Lagoon. Environmental restoration of Peanut Island will provide considerable upland and wetland habitat that is critical to the support and proliferation of local fisheries and wildlife, which will benefit the imperiled Lake Worth Lagoon estuarine system. The Peanut Island Environmental Restoration Project elements are in direct agreement with the goals of the Lake Worth Lagoon Management Plan and FDEP's Ecosystem Management Area Plan for the Lake Worth Lagoon, which include improving the lagoon's water and sediment quality and providing habitat for native plants, fish and wildlife, while providing aesthetic, recreational and economic benefits for the residents and visitors of Palm Beach County. A 1990 study, Lake Worth Lagoon Natural Resources Inventory and Resource Enhancement Study, performed by ERM rated Peanut Island as a high priority site for restoration (Dames and Moore, 1990) due to its location on public lands and the owners' willingness to cooperate in restoration efforts on the island. The loss of, and impacts to mangrove, seagrass and upland habitats in the Lake Worth Lagoon is well documented. In a system that has lost much habitat to development, the ecological benefits to be realized from restoring and creating additional wetland and upland habitats, is significant. 3. How will you measure the success /benefits of your efforts on the Lake Worth Lagoon. The project will be monitored on a quarterly basis for plant survival and replacement of plant species to maintain required species numbers as dictated by permit requirements. Photo monitoring and survey transacts /plots will be utilized to determine plant survival rates and recruitment of additional native (wetland and upland) plant species. Each habitat will be evaluated individually and as it relates and contributes to the Lake Worth Lagoon system as a whole. The habitats to be evaluated include: • Shallow -water reef (species recruitment and fish /invert. utilization) • Shallow -water lagoon (species recruitment and fish /invert. utilization) • Mangrove system and flushing components (species recruitment/utilization) • Maritime hammock and transitional vegetative zone (plant survival /species utiliz.) Fish and wildlife utilization of the habitats is an integral element to measuring project success. Species utilization will be documented by species survey and photo monitoring in upland areas. Seine nets and benthic cores will be utilized to determine fish and invertebrate utilization within tidal channels, pond and lagoons. Surveys to determine species utilization of the shallow -water reef habitat will be conducted with divers utilizing the current fish monitoring methodology. DEP Agreement No. SP505, Attachment A, Page 21 of 23 Project: Peanut Island Environmental Restoration Page 3 of 3 4. Additional Narrative /Drawings that add to the previous questions. Restoration of wetland and upland habitat on Peanut Island will provide: - • Reef habitat to colonize algal communities; settle oceanic larvae; recruit fish /invertebrates • Lagoon habitat to recruit seagrasses and benthic organisms for the benefit of fisheries • Tidal flushing to an existing mature mangrove system, which will benefit associated fish and wildlife • Nursery habitat for invertebrates, larval and juvenile fishes • A food source to fisheries and wildlife providing the basis of primary production in the food chain • Maritime hammock habitat vital to breeding and wintering of migrating birds and other wildlife • Shelter for fish, birds and wildlife • Elimination of exotic pine /pepper to be chipped for mulch in development of maritime hammock ` FLUSHING CHANNELS (0 9 ACRES) �p _• I • sro e(•O1 KCSiS •O • � oso • " \\` TIOAL RCN° (0 6 ACRES) FLUSHING CHANNEL J t : 7. / ,' C ` •9C •MnS ••M s 1 i .. ... . t. \ \ LEGEND ', i \\ \. � r\wot v.t.r.p•r.wc,rb. \ 1 : I: os'+�el S 1. c'''''?' ''''V. • '1 ,..„•„.... __Q.,. 1 .ottl N \\ ,' ' \, 0 ...l.e• ••R• 1.T'.. ..1• C. t .011 / 1 . 1 nl eVO+ \ ' ® a '1 I ....loft:. ✓(.1 (1 1 ..01 11 SN ALLOW W ATER `�' \ \\', b .., R(EF HAO`TAf • _, (\m ar ' . �nc r.•1 r at 1.0 ACR661 Aa "' , vr" r � ^ 1 \ \ a a t � � pEANUr Is a r a RESTORATI(k1 ANC) EtrNAr1CCuOr as �(^ a a ` i: • /.M RALY OCACN county. fiCsocm a a a a a \ ALTERNATIVE A a a a\ r r r r r s Z a �.r..it tuft a ! e(•Mn.r or r a �i ■ n( ••( w s iao..a .su (NV... V. Co• is S.Jd(•S a a 1.aa•uc. Certification: I certify that to the best of my knowledge, all of the statements contained in this application are correct and complete. / i / 1 6 copies to be submitted, including Signature: • • . • _ _; 1 marked original sent to the County Grant Coordinator @ Print Name. Richard E Waleskv Environmental Resources Management 3323 Belvedere Road, Bldg. 502 Title: Director Envi onmental Resources Mgmt. West Palm Beach, FL 33406 Date g136 9 r DEP Agreement No. SP5O5, Attachment A, Page 22 of 23 PROJECT 8 Administrative Functions: Administrative functions provided by the County staff for Lake Worth Lagoon Restoration and Enhancement Projects (DEP Agreement No. SP505) include the following: 1. Preparation and administration of subgrants associated with individual projects. 2 Site inspections to track compliance with the terms of subgrantee contracts. 3. Review of subgrantee invoices, progress reports and site inspection reports, consistent with individual contracts and Scope of Services. 4 Preparation of reports submitted to the Department on project status and funding 5 Preparation of project modifications to the Scope of Services as may be appropriate and coordination of contract modifications with the Department and subgrantee. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. SP505, Attachment A, Page 23 of 23 ATTACHMENT B Comptroller Contract Payment Requirements Department of Banking and Finance, Bureau of Auditing Manual (10/07/97) Cost Reimbursement Contracts Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.) Supporting documentation must be provided for each amount for which reimbursement is being claimed indicating that the item has been paid. Check numbers may be provided in Lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved contract budget should be reimbursed. Listed below are examples of types of documentation representing the minimum requirements: (1) Salaries: A payroll register or similar documentation should be submitted. The payroll register • should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. (2) Fringe Benefits. Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee (e.g , insurance premiums paid). If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits (3) Travel. Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which includes submission of the claim on the approved State travel voucher or electronic means (4) Other direct costs Reimbursement will be made based on paid invoices /receipts. If nonexpendable property is purchased using State funds, the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with Department of Management Services Rule 60A- 1.017, Florida Administrative Code, regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the State. (5) In -house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable. (6) Indirect costs If the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown. Pursuant to 216.346, Florida Statutes, a contract between state agencies including any contract involving the State University system or the State Community College system, the agency receiving the contract or grant moneys shall charge no more than 5 percent of the total cost of the contract or grant for overhead or indirect cost or any other cost not required for the payment of direct costs. DEP Agreement No. SP505, Attachment B, Page 1 of 1 ATTACHMENT C RULES OF THE AUDITOR GENERAL CHAPTER 10.600 AUDITS OF STATE GRANTS AND AIDS APPROPRIATIONS UNDER SECTION 216.349, FLORIDA STATUTES EFFECTIVE 9 -30 -97 DEP Contract No. SP505, Attachment C, Page 1 of 5 RULES OF THE AUDITOR GENERAL CHAPTER 10.600 TABLE OF CONTENTS Rule Section No. Description Pace PREFACE TO RULES 2 10.610 DEFINITIONS 3 10.620 AUDIT REQUIREMENTS 4 10.630 EFFECTIVE DATE 4 APPENDIX 5 PREFACE TO RULES Section 216.349, Florida Statutes, imposes audit requirements on recipients of grants and aids appropriations from State agencies. The grants and aids appropriations referred to in Section 216.349, Florida Statutes, are those designated as "grants and aids" in a Florida appropriations act. The beginning point of any audit required by this section of law should be a determination of which State moneys received by the auditee are grants and aids appropriations as described above. The Auditor General has no authority or responsibility to determine which grants and aids are covered by this section of the Florida Statutes. Because of responsibilities assigned to the administering State agency and the Comptroller of the State of Florida, either or both should be able to assist the auditee in determining which grants and aids come under Section 216.349, Florida Statutes. The administering State agency should also be consulted regarding any specific form requirements for the required report and schedule. These rules apply only to grants made by State agencies from appropriations designated as "grants and aids" in a Florida appropriations act. These rules do not apply to grants made from sources of money other than those designated as "grants and aids" in a Florida appropriations act. There may be occasions when State grants and aids appropriations moneys received from a State agency include Federal moneys. Certain changes to these rules have been made to assist State agency Federal award pass- through recipients in their effort to implement new Federal requirements (i.e., Single Audit Amendments of 1996 and revised OMB Circular A -133) while still complying with the Section 216.349, Florida Statutes, requirements. The most significant change to these rules is the requirement that the auditor conduct an examination in accordance with AICPA attestation standards and issue an examination attestation report addressing compliance with the grant requirements. Since the primary objective of a Section 216.349, Florida Statutes, audit is to determine the recipient' s compliance with the grant provisions (including a determination of whether the grant funds were used for authorized purposes), an examination conducted in accordance with AICPA attestation standards should be sufficient to meet this objective. AICPA attestation standards are not significantly different from AICPA auditing standards and the level of audit work necessary to meet this objective would not vary significantly whether done as part of an audit or as part of an attestation engagement. An examination done in accordance with AICPA DEP Contract No. SP505, Attachment C, Page 2 of 5 attestation standards provides a high level of assurance (Le., an opinion) and should satisfy the monitoring needs of pass- through Federal award recipients. Examinations intended to satisfy such monitoring needs would be limited to the five types of compliance requirements specified in OMB Circular A -133 for limited scope audits. Another advantage of an examination conducted in accordance with AICPA attestation standards is that the auditor' s examination attestation report is essentially the same regardless of whether or not the grants and aids recipient is a local government, not - for - profit or for - profit organization, or had a financial statement audit. The use of the same report to satisfy applicable Federal subrecipient monitoring requirements and /or State grants and aids appropriations audit requirements should ease administrative burdens imposed on State agencies. The basis for determining which Federal award recipients are required to have a Federal single audit (i.e., amount of Federal awards expended) differs from the basis for determining which grants and aids recipients are required to provide for an audit pursuant to Section 216.349, Florida Statutes (i.e., the amount of grants and aids moneys received). Accordingly, Federal award recipients required to provide for an audit pursuant to the Federal Single Audit Act must prepare a schedule of expenditures of Federal awards whereas State grants and aids recipients required to provide for an audit pursuant to Section 216.349, Florida Statutes, must prepare a schedule of State financial assistance. Because information required for a schedule of expenditures of Federal awards differs from that required for a schedule of State financial assistance, State grants and aids moneys that involve Federal awards will have to be included on the schedule of expenditures of Federal awards (when that schedule is required pursuant to the Federal Single Audit Act) and on the schedule of State financial assistance. The schedule of State financial assistance should be footnoted to indicate the extent of duplication of moneys on the two schedules. The auditor must determine from the grant agreement and /or inquiries with the granting agency the level or amount of testing necessary to report on whether or not the expenditures of the grants were in accordance with all legal and regulatory requirements and that the funds were not used for the purpose of lobbying the Legislature, the judicial branch, or a State agency. Nothing in these rules precludes the auditor from testing grant moneys for both Federal and State requirements at the same time. However, as stated earlier, these rules do require a schedule of State financial assistance and the auditor' s examination attestation report should refer specifically to the schedule of State financial assistance. The schedule of State financial assistance should clearly distinguish State grants and aids moneys from other State financial assistance. Nothing contained in these rules precludes a State granting agency from imposing requirements that are in addition to those specified in these rules. History New 06 -30-93 Amended 06- 30-94, 06- 30-95, 09 -30-97 10.610 DEFINITIONS (1) As used in these Rules, the term: (a) "Local governmental entity" means a county agency, municipality, or special district or any other entity (other than a district school board or community college), however styled, that independently exercises any type of govemmental function. (b) "Nonprofit organization" means any organization which meets the definition of a not -for- profit organization provided in Financial Accounting Standards Board Statement 116, Appendix D. (c) "For - profit organization" means any organization which is not a governmental entity or a nonprofit organization. General Authority and Law Implemented - Section 11 45, Florida Statutes, and Section 216 349, Florida Statutes History: New 06 -30 -92 Amended 06- 30 -93, 06- 30-94, 06- 30 -95, 09 -30-97 DEP Contract No. SP505, Attachment C, Page 3 of 5 10.620 AUDIT REQUIREMENTS (1) When an audit is required pursuant to Section 216.349, Florida Statutes, the audit shall be an examination conducted in accordance with attestation standards promulgated by the American Institute of Certified Public Accountants. Grantor State agencies may also impose additional requirements. (2) The report produced in compliance with Section 216.349, Florida Statutes, shall contain a schedule of State financial assistance which meets the requirements of the granting agency(s) and a written report which includes an opinion on management' s assertion about the entity' s compliance with grant requirements. Additionally, the report should refer to the schedule of State financial assistance and should indicate whether, in the auditor' s opinion, . the applicable management assertions are fairly stated in all material respects. General Authority and Law Implemented - Section 11 45, Florida Statutes, and Section 216 349, Florida Statutes History New 06 -30 -92 Amended 06- 30-93, 06- 30-94, 06- 30 -95, 09 -30-97 10.630 EFFECTIVE DATE These Rules, as amended, shall take effect September 30, 1997, and are applicable to audits for fiscal years ending September 30, 1997, and thereafter. General Authority and Law Implemented - Section 11 45, Florida Statutes, and Section 216.349, Florida Statutes History New 06 -30-92 Amended 06- 30-93, 06- 30-94, 06- 30 -95, 09- 30-96, 09 -30-97 Renumbered 09 -30 -97 (formerly 10 640) DEP Contract No. SP505, Attachment C, Page 4 of 5 APPENDIX EXCERPT FROM FLORIDA STATUTES, 1997 216.349 Financial review of grants and aids appropriations; audit or attestation statement.- - (1) Before disbursing any funds from a grants and aids appropriation pursuant to a grant or contract, the state agency, or the judicial branch, authorized by the appropriations act to administer the funds and the Comptroller must independently ensure that the proposed expenditure is in accordance with all legal and regulatory requirements and find that the terms of the grant or contract specifically prohibits the use of funds for the purpose of lobbying the Legislature, the judicial branch, or a state agency. (2) 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: (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; (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 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 the grant; 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 the entity or organization has complied with the provisions of the grant. All audits performed or attestation statements prepared under this subsection shall be filed with the granting agency and with the Auditor General. History. — s 29, ch 91 -109, s 78, ch 92 -142 Note: The above excerpt from the Florida Statutes is based on Section 216.349, Florida Statutes (1996 Supplement), which was not amended during the 1997 legislative session. The codified 1997 Florida Statutes were not available at the time theses Rules were updated. DEP Contract No. SP505, Attachment C, Page 5 of 5 T, OER"TI'FICATE OF COVERAGE MtY 1919 Certificate Holder _ Adm� i for Issue Date 5/25/99 NT PALM BEACH COUNTY DEPARTMENT OF League of Cities, Inc. ENVIRONMENTAL RESOURCES MANAGEMENT Public Risk Services r U 3323 BELVEDERE ROAD, BLDG.502 P.O. Box 530065 * -�- Orlando, Florida 32853 -0065 - - WEST PALM BEACH, FL 33406 -1548 - U Licit'. ti' COVERAGES THIS IS TO CERTIFY THAT THE AGREEMENT BELOW HAS BEEN ISSUED TO THE DESIGNATED MEMBER FOR THE COVERAGE PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE COVERAGE AFFORDED BY THE AGREEMENT DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH AGREEMENT COVERAGE PROVIDED BY FLORIDA MUNICIPAL INSURANCE TRUST AGREEMENT NUMBER. FMIT 55 COVERAGE PERIOD: FROM 10/1/98 COVERAGE PERIOD: TO 9/30/99 12.00 Midnight Standard Time TYPE OF COVERAGE - LIABILITY TYPE OF COVERAGE - PROPERTY General Liability ❑ Buildings ❑ Miscellaneous Com rehensive General Liability, Bodily Injury, Property Damage and ❑ Basic Form ❑ Inland Marine ® P Y. Y 1 Y. p Y 9 Personal Injury ❑ Special Form ❑ Electronic Data Processing ® Errors and Omissions Liability ❑ Personal Property ❑ Bond ® Supplemental Employment Practice ❑ Basic Form ❑ ® Employee Benefits Program Administration Liability ❑ Special Form ® Medical Attendants' /Medical Directors' Malpractice Liability ❑ Agreed Amount ® Broad Form Property Damage ❑ Deductible N/A ® Law Enforcement Liability ❑ Coinsurance N/A ® Underground, Explosion & Collapse Hazard ❑ Blanket ❑ Specific Limits of Liability • Combined Single Limit ❑Replacement Cost ❑ Actual Cash Value Deductible N/A Automobile Liability Limits of Liability on File with Administrator ❑ All owned Autos (Private Passenger) TYPE OF COVERAGE - WORKERS' COMPENSATION ❑ All owned Autos (Other than Private Passenger) ❑ Hired Autos ❑ Statutory Workers' Compensation ❑ Non -Owned Autos ❑ Employers Liability $1,000,000 Each Accident $1,000,000 By Disease $1,000,000 Aggregate By Disease Limits of Liability • Combined Single Limit ❑ Deductible N/A Deductible N/A ❑ Automobile /Equipment - Deductible ❑ Physical Damage N/A - Comprehensive - Auto N/A - Collision - Auto N/A - Miscellaneous Equipment Other * The limit of liability is $5,000,000 (combined single limit) bodily injury and /or property damage each occurrence in excess of a self - insured retention of $ 100,000 This limit is solely for any liability resulting from entry of a claims bill pursuant to Section 768.28 (5) Florida Statutes or liability imposed pursuant to Federal Law or actions outside the State of Florida. Description of Operations /Locations /Vehicles /Special Items Re. Downtown Stormwater Improvement Project, Lagoon Grant. Palm Beach County is hereby added as an additional insured, as respects the member's liability for the above described item. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE AGREEMENT ABOVE DESIGNATED MEMBER CANCELLATIONS SHOULD ANY PART OF THE ABOVE DESCRIBED AGREEMENT BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED ABOVE, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE RISK MANAGEMENT PROGRAM, lit AGENTS OR REPRESENTATIVES CITY OF BOYNTON BEACH 100 EAST BOYNTON BEACH BLVD BOYNTON BEACH, FL 33425 AUTHORIZED REPRESENTATIVE FMIT -CERT (10/96) ATTACHMENT A SCOPE OF SERVICES Legislative Luie Item Appropnation 1299A provided $1,000,000 for Lake Worth Lagoon Restoration and Enhancement Projects A total of eleven (11) Grant Applications for various projects were submitted by qualified applicants and reviewed by a Selection Comnuttee comprised of representatives from the Department of Environmental Protection, the South Flonda Water Management District, the U.S Fish and Wildlife Service, the West Palm Beach Fishing Club and the Flonda Inland Navigation District The following table identifies the projects which the Selection Committee approved on October 14, 1998 for funding under this specific appropnation LAKE WORTH LAGOON RESTORATION AND ENHANCEMENT PROJECTS FUNDED PURSUANT TO SFY98 -99 LINE ITEM APPROPRIATION NO. 1299A Project Project Description Responsible Original Original Grant (A -B)/A Grant Award [C /(1 -R)1 -C Revised Total Number Local Estimated Request Grantee/ (Grant Award Government Cost of Project Subgrantee + Minimum Minimum Match) Match (A) (B) (R) (C) (D) (E) 1 Artificial Reef School Distnct $102,000 $51,000 .50 $51,000 $51,000 $102,000 Ilabitats of Palm Beach County 2 Downtown City of S5,000,000 $1,000,000 .80 $300,000 $1,200,000 $1,500,000 Watershed Regional Boynton Beach Stormwater Facility 3 Lake Park Manna Town of Lake $125,000 $42,500 .66 $42,500 $82,500 $125,000 Pump Out Facilities Park 4 Lake Park Town of Lake $160,000 $80,000 .50 $80,000 $80,000 $160,000 Stonnwater Park Management 5 Port of Palm Beach Port of Palm $600,000 $300,000 50 $147,408 $147,408 $294,816 Master Drainage Beach Plan Improvements 6 Renaissance Project City of West $1,666,628 $300,000 .82 $100,000 $455,556 $555,556 Phase 1 - Treatment Palm Beach and Diversion' 7 Peanut Island Palm Beach $1,693,765 $250,000 85 $250,000 $1,443,765 $1,693,765 Environmental County Board Restoration of County Commissioners 8 Contract Palm Beach n/a n/a n/a $29,092 n/a n/a Administration County Board (associated with of County projects 1-6) Commissioners Totals $9,347,393 $2,023,500 — $1,000,000 $3,460,229 $4,431,137 Notes 'Should the City of West Palm Beach (Project No 6) not receive pennits on a tunely basis (within sixty (60) days of executing a subagreement with Palm Beach County), their allocation will be transferred to the City of Boynton Beach (Project No. 2) 2 At the tune of application for the grant, the grant applicants agreed to pay for this much of the project Except as provided for m paragraph 3 of this Agreement, individual match conumtmnents shall be identified and monitored for each grantee /subgrantee and shall, at a minimum, meet the proposed match percentages identified ui the grant applications submitted for project evaluation and selection. 3 1n detennuung compliance with match requirements, each grantee/subgrantee may use activities undertaken on or after the projected project start date established in Attaclunent A, Projects 1 - 7 (as appropnate) `For Projects 1 - 7, only construction activities (as described below and performed dunng the term of tlus Agreement) will be eligible for reimbursement under this Agreement For purposes of this Agreement the term "Construction" shall mean the following Construction shall mean the act of physically builduig the project, or any of the components of the project, and shall include the process of building, clearing, filling, excavation, or paving, or the substantial improvement in the size or use of any structure or the appearance of any land It shall include the transportation, installation or deployment of any completed components of the project It shall not include designing, engmeenng, drafting or planning of the project, nor shall it include monitonng of the project after completion, installation or deployment DEP Agreement No. SP505, Attachment A, Page 1 of 23 DEP AGREEMENT NO. SPS05 STATE OF FLORIDA GRANT ASSISTANCE PURSUANT TO LINE ITEM 1299A OF THE 1998 - 99 APPROPRIATIONS ACT THIS AGREEMENT is entered into between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, whose address is 3900 Commonwealth Boulevard, Tallahassee, Florida 32399 (hereinafter referred to as the "Department") and the PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS, whose address is 3323 Belvedere Road, Building 502, West Palm Beach, Florida 33406 (hereinafter referred to as "Grantee"), a local government, to perform Lake Worth Lagoon Restoration and Enhancement Projects. In consideration of the mutual benefits to be derived hcrefrom, the Department and tile Grantee do hcrcby agree as follows: The Grantee does hereby agree to administer and manage subgrants for Lake Worth Lagoon Restoration and Enhancement by entering into subagreements with the various Subgrantees who will peffom projects in accordance with the terms and conditions set forth in this Agreement, Attachment A (Scope of Services), and all attachments and exhibits named herein which are attached hereto and incorporated herein by reference. Nothing herein shall preclude the Grantee from fi~nding approved projects done directly by the Grantee. This Agreement shall begin upon execution by both parties and shall remain in effect for thirty-six (36) months, inclusive. In accordance with Section 287.058(2), Florida Statutes, the Grantee shall not be eligible for reimbursement for services rendered prior to the execution date.of this Agreement. This Agreement may be amended to provide for additional seri, iCes if additional funding is made available by the Legislature. As consideration for the services rendered by tile Grantee nnder the terms of this Agreement, the Department shall pay the Grantee on a cost reimbursement basis in an amount not to exceed $1,000,000. The Grantee shall be reimbursed on a cost reimbursement basis in accordance with the Comptroller's Contract Payment Requirements, attached hereto and made a part hereof as Attachment B. If the Grantee finds that the work described in Attachment A cannot be accomplished for tile current estimated amonnt, as indicated in Column E of the table of Page I of Attachment A, the parties hereto agree to modify the Scope of Services described in Attachment A to provide for the restoration services that can be accomplished for the fi, nding identified above. In the event of such modification to the Scope of Services, it is understood and agreed that the individual match amounts for each project shall not fall below fifty percent (50%) of the total project cost. All bills for amounts dt.e under this Agreement shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. All requests for reimbursement of travel expenses shall be submitted in accordance with Section 112.061, Florida Statutes. Tile State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. 5. Tile Grantee shall submit invoices on a convenient basis, but not more frequently than monthly and not less frequently than quarterly. Invoices shall be submitted in conjunction ~vith progress reports describing the work performed, problems encountered, problem resolution, schedule updates and proposed work for the next reporting period. If advance payment is authorized, the Grantee shall report (and document) the amount of funds expended during the reporting period, the Agreement expenditures to date, interest earned dvring the quarter and clearly indicate the method for repayment of the interest to the Department (see paragraph 19). It is hereby understood and agreed by the parties that tho term "quarterly" shall reflect the calendar quarters ending March 31, ,Iune 30, September 30 and December 3 !. The Grantee and each subgrantee is required to submit a final project report upon completion of the project for which they are responsible for conducting. Said project reports shall be submitted to the Department's Agreement Manager no later than thirty (30) days foilo~ving project completion which must occur at least sixty (60) days prior to the completion date established in paragraph 2 above. ; DEP Agreement No. SP$05, Page 1 of 5 -John Moulton Department of EnvirOnmental Protection Southeast District Office Post Office Box 15425 WeSt Palm Beach, Florida 33416-5425 -Audit Director 0vl540) Department of Environmental Protection 2600 Blair Stone Road Tallahassee, Florida 32399-2400 -Audit Manager Office of the Auditor General P.O. Box 1735 Tallahassee, Florida 32302 13. 14. 15. 16. 17. provided as Attachment C. Although this document is provided as an attachment to this Agreement, thc Grantee acknowledges that this rule is subject to periodic revision by the Auditor General, and as such, thc Grantee agrees to comply with the effective version of the rule at tile time of satisfying the audit requirements of this Agreement. The Grantee is authorized to subcontract with the entities identified in Attachment A. The Grantee shall not othenvise subcontract, assign, or transfer any work under this Agreement without the prior written consent of the Department's Agreement Manager. The Grantee agrees to be responsible for the fulfillment of all work elements included in any subcontract consented to by the Department and agrees to be responsible for the payment of al! monies due under any subcontradt. It is understood and agreed by the Grantee that the Department shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. In accordance with Section 216.347, Florida Statutes, the Grantee is hereby prohibited from using funds provided by this Agreement for the purpose of lobbying the Legislature, thc judicial branch or a state agency. A person or affiliate who has been placed on the convicted vendor list following a conviction for a 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 Section 287.017, F.S., for CategoD, Two, for a period of 36 months from the date of being placed on tine convicted vendor list. Tile Grantee shall comply with all applicable federal, slate and local rules and regulations in providing services to the Department under this Agreement. The Grantee acknowledges that this requirement includes compliance x~Sth 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. The Department's ~grccment Manager for this Agreement is identified below. Name: Address: Phone: Fax: John Moulton Department of Environmental Protection Southeast District Office 400 North Congress Avenue West Palm Beach, Florida 33416-5425 561/681-6600 561/681-6755 - DEP Agreement No. SP505, Page 3 of 5 25. 26. It is understood and agreed that the Grantee, and its subgrantees, shall not be compensated under this Agreement for any chemical or biological sampling and analysis performed as a component of the projects described in Attachment A. Therefore, the Department's Quality Assurance (QA) Requirements and Data Validation Requirements shall not apply to this Agreement. This Agreement represents the entire agreement of thc 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 signed by each of the parties hereto, and attached to the original of this Agreement, unless otherwise provided herein. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year last PALM BEACH COUNTY BOARD OF COUNT~ COMMISSIONERS By:. Title: Date: STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION /Secrctary or ~tesigncc / / 5 / ~ FEID No.: 59-6000785 EP'",~cem~ tMa nager DEP Contracts Administrator Approved as to form and legality: DEP Attorney *For Agreements with governmental boards/commissions: If someone other than the Chairman signs this Agreement, a resolution, statement or other document authorizing that person to sign the Agreement on behalf of the Agreement or must accompany the Agreement. List of attachments/exhibits included as part of this Agreement: Specify Letter/ Type Number Description (include number of pages) Attachment A Attachment B Attachment C Scope of Services (23 Pages) Comptroller Contract Payment Requirements (1 Page) Chapter 10.600, Rules of the Auditor General (5 Pages) DEP Agreement No. $P505, Page 5 of 5 PROJECT 1 ORIGINAL' Lake Worth La °g-9-Q Partnershi Project: Design, deploy, and monitor artificial fisheries habitats for tl~c Lake Worth .... Lagoon Applicant: Spanish l~ivCr Commmfity High School (SchOol District of Pahn Beach County) Agen~itlc: John W. l.largis / Marine Research Director Address: ' 5100 Jog Road Boca Raton, FI., 33496 l'ho~e: Work - (561) 241-2200 ext. 2430, Home- (561) 392-5597 Fax - (561) 241-2024 Estimated Cost,f Project: ~I02.000 Amount of Grant Request: $51,000 Is F~nding blatch Already Available: yES, Monetary and in kind fitnd~ l'ro'ect Slartin, Dnte: October 15 1998 Corn detion Dale: June 1 1999 1. In the space provided, fully describe the scope, methods and location of the l~lmscd.partnership project. Our objective is to design, construct, dcpl°y and monitor a prototype marine fisheries habitat in thc Lake Worth Lagoon. e We arc working closely xvith EI~ (Environmental Resource Management) ia thc designing ora smaller scale macrohabitat (similar to the larger scale Singer Island project - Sugar Sand) to provide Shelter, feeding and spawning habitats for juvenile and mature estuariac forms in the Lake Worth Lagoon. , A parmcrshlp has been established betsveen local educational establishments, private businesses m~d local govermnent agencies to aid in the success of this project. paancrship includes: professional consultants volunteering from thc Ocean Engineering Dcpa~mcnt at F.A.U., Marine lLcscarch students and director from Spanish lover 1 ligh School, local concrete mtd lumber busincsscs (generoUsly donating materials for molds and forms mtd trm~sportation of the finished habitats to deployment sights), local divc opcrators m~d scuba retailers ~lcdging total support by donating boat time and cquipmcnt for monitoring procedures), and E~ (Enviromncntal l[csource M~mgcmcnt) flint conceived this protot~e habitat. + Location ofthcsc habkats xvill be deployed at the [ollowing previously p~rmlttcd (by ElaM) sims within thc Lake Worth Lagoon: a) Rybovich /Spcnccr sitc, b) Boynton Bcach reef site, c) Wcst Palm Beach fishing pict site, and d) additional habitats at thc Sugar Sand site. DEP Agreement No. SP$05, Attachment A, Page 2 of 23 Project: ~, Deploy and monitor artificial fisheries habitats for the Lake Worth La,out) Additional Narrative/Drawings that add to the previous questions: la summary, this conceived idea of EthYl to place fisheries habitats within dcsigaated permitted sites in tile Lake Worth Lagoon, has been adopted by tile Marine Research program at Spanish River High School. Students, teachers, and other educational conununities along with local private m~d public businesses, clubs and enviromncntal agencies have formed a pas~nershlp to drastically improve the quality ut' the ecosystems in thc Lake Worth Lagoo. n. . An awareness program is being developed using research acquired from this project and previous odlcrs to educate local public m~d private school students ut'the importance of restoration and etthancement programs. Marine Research students will schedule presentations to various grade levels about this and other projects to promote enviromnental awareness to future gene ratio,is. Certificntlou: I certify that to the best of my knowledge, all of tl)c statcmc,tts contained this nppl~sation nrc corrcct and complete. Signature: ~ ~ ' Print Name: ~"' ~ /~' /-~2~,) Title: Date: Send 6 COllies to the submitted, including 1 marked 'original' sent to the County Grant Coordinator ~ Environmental Resources Management 3323 Belvedere Road, Bldg. 502 West Pahn Beach, FL 33406 DEP Agreement No. SP505, Attachment A, Page 4 of 23 · Page 2 of 3 · d itc~ionnl Sro rmwuter F-cillty Projcct: Duwnto~n Watcr.shc __.~ ',, ,1 e ~ttnl.ntent of the pr~nopnl goal of the Lake Worth iluw ~'ill your project ~st ~ .... 2' Lagoon blnnn~cmcut Plnn Le. the restoration/improvement of the Lake Worth q~c pro, cci wil~ utilize convcntional, proven ~catmcnt methods to reduce fl~c disch~ge oroil. grc~c, floatablc debris, suspended solids, BUD. turbidity, m~d au=ica= to Lake Wo~ Lagoon. Currently, the cntlre w~tershed ~ren drains to the Lagoon with virtually no pretrc~tment. · . icnt rcduction, and suspcndcd solids rcmoval rovidcs bcttcr aeration, nu~ · ' · ' wu ~nchcs' of rasnf' all ovcr ~c opcn pond systc~x p ........ ~ .....~,,,n~ r 0~o tmtt~! t ' ~his proposal will O~creforc suppo~ at least four or the objectives listed in ~e Lake Worth M~=gcmcnt plms, namely: Man=ge cxccsslve freshwater inflows from non-point sources. 2. Decrease input of suspended suatcrials 3. Decrease input ofcxccssivc nutrients. 4. l,rcvcnt Osc rclc~cs ortoxic substances from point m~d non-point sources. The piping and pond system will be operated anO maintainc~ by the City's_Stomlwatcr Utility, which is already established and staffed with maintenance pcrsonnel ~d cquipmcnt. Ongoing maintcnm~cc will ~sure O~e long tcm~ viability of Oic treatment system. O llosv ss. ill you nsc~surc the succcss/bcncfils of'your clforts on the ~n~e Worth'~ngoon' Ovcr O~c nc~ ~crm, wa~cr quality from thc pond discharge cass be comp=red with water quality from existing dlsch~Bc pipes receiving no prctrcauncnt. Over a longer pcriod of time. cxlsting sca grasses ~nd wn~cr quality in Lake Worth Lng~n can be su~cycd ~d cosnp~cd to pre.projcct conditions. Tliis pro}cct will reduce Osc nutrlcnt m~d silt loading in~o Lake Worth LaBoon. O~crcby rcducing turbidity m~d algae grow0~, q~c net crrcct will bc to p romotc submcrBcd aquatic plant communities within thc Lagoon through incrc~cd ligh~ penetration ~d dccrcascd scdlmcntation. Enhanced aquatic plant communitlcs will promote fish and other dcslr=blc species. The project, xvhcn constructed, wilt hnmcdia~cly cuhancc and protect thc adjoining m~gr°vc ~vctland Io thc cast of 0sc dctcntlon pond. DEP Agreement 1~o. SP$05, Attachment A, Page 6 of 23 PROJECT 3 L:d~c Worth L:,goo,I l'nrt~lcrshlP · G,':mt Apl)licn,nt: ^gc,xlfl*itic: Add,'css: Lake Park Marina P~ Town of Lake Park . Brian Sullivan, Public Works 535 Park Ave ~ ' ' " l'honc: ~ Alnt{ Ullt Ol' C I';HIt I~.cqUCSt S &2,500 Esthnntcd Gust ut' 1' reject $_125,000 is Fundh, g IVi:Hch Ah'cndy Av..dl:,blu ~roved by. vol:ers in {.99'/ referendum l'rojcct~tnrtD:lic(:~i)Pr°x') Dccembe~ 1998 _ Comp{ut}unl};Hc December 1999 lis thc spncc providcd, ft, lly dcscribc thc scope, mcth,ds :etd luc:ttlolt of thc proposed The Town of Lake park is currenily involved in the design, engineering and permitting associated with the revitulizat[.on of the Town's Municipal Madna. Components of this initiative include both landside and waterside }~provements. 3'ilo Marina. was originally constructed in tl~e early 1960's. While it is relatively well maintained, it does ,lOL provide state-of-the-art services for environmental protection or for toduy's waterfront market. The madna facility emphasizes the launchin~t of small boats and therefore utilizes most of the site for parking of trailer and trailer tow velllcles, pem~it applications are being processed by the regulatorY agencies and construction is expected to begin during 1998 and be completed during 1999.. The revitalization ellort is to convert the Marina to more of a mixed-uSe [acilily. promoting public access to the watedront, creation of public open spaces and lunant services while still maintalning a more controlled launchi,~g of trailerable boats. In addition to providing improved access and-a.mcnities for nants alike, the Town of Lake Park is upgrading existing on-silo facilities, to include the residents and te ..... ~d vessel waste collection serv,ces. installation of a stor,nwater manage,riehl system. ~', ' Although potable water and wastewater services are provided to public restrooms on the site. the existing marina o{lers no holding tank pumpout facilities to vessels berthed at any o[ the 215 permanent or transient slips. As part of the proposed improvements, the Town proposes to. install a holding tank pumpout system. The Town is seeking funds from the Lake Worth Lagoon Partnership Progrum that would allow the proposed pumpout system to be upgraded so that pumpout services will be available to: A) Tire 65 proposed slips in the marina's north basin, B) Vessels coming to the fact dock for temporary services .',nd C) Time eight slips in the desig,mated transient docking urea. This can be accomplished by installing pumps, constructing pumpout lines and connecting the system to the existing munlcipai sanitarY sewer system. DEP Agreement No. SP505, Attachment A, Page 8 of 23 Pagc 2 of 3 l, ru.icct:- Lake Park Stormwate~ 2. lloW will your Uroject nssist iu'thc :dtuimmmt or' thc l~rlncil)al go:~! of thc Lal~c Worth Lugooit h.Inungcmcn[ Pl3n Ee. thc rcstoraliu"/iml~r°vemcnt otthe bnltc Wo~xh Lagoon. Upon installation of the proposed facilities, immediate improvement to the quality of stormwater being discharged to the Lake Worth Lagoon will be realized. This will result from the diversion of runoff to treatment areas. The treatment of runoff and capture of suspended sediments flowing to the Lagoon will help provide measurable and significant improvements to the Lagoon's water and sediment quality as outlined in the Lagoon Management Plan Mission Statement~ Redevelopment of the City Marina and Kelsey Park sites will improve public access to the Lagoon waterfront helping maximize the use of the existing public amenities on the Lagoon and increasing the opportunity for development of public awareness programs to protect the Lagoon. Both of these project sites may be used by the Town of Lake Park and other entities to promote proper management of the Lagoon's resources. ~. ~Vo rth Lagoon. 3~ Ilo'w will you m.e:~sur Considerable research has been completed since the ratification of the Clean Water Act demonstrating the benefits associated with capturing and treating stormwater mno[f prior to discharge to a receiving body. The South Florida Water Management District and the Flodda Depadment of Environmental Protection have both pedormed numerous studies reaffirming ~is benefit in Southeast Florida. Conversion oI the existing marina drainage system to a water management system will reduce pollutant loads to the Lake Wo~ Lagoon. The Town of Lake Pa~'s public works staII will manage the stormwater management system, colleding and removing ~ptured pollutants, fioatables, etc., on a regular basis to help prevent ~ese materials from being discharged to ~e Lagoon. A log of maintenance effo~s including quantity estimate of pollutants removed when cleaning trash racks will be kept to document ~e benefits of ~e system. (.Additionally, the Town of Lake Park proposes to complete a semiannual su~ey of seagrass ~mmunities adjacent the marina site to assess the quantitative and qualitative effects on the existing seagrass beds). It should be noted that ~ere are numerous seconda~ benefits which, will result from ~e proposed marina improvement project, such as enhanced public access, increased public awareness through signage o[ Lagoon issues such as the impo~ance of various habitat types. endangered species, disbursemept of public information pamphlets, etc. Bo~ ~e marina and ~e pa~ [acilities are being promoted as cornerstones to ~e Town oI Lake Park's downtown revitalization. DEP Agreement No. SP$05, Attachment A, Page 12 of 23 fro]cc(:_ Lake Park Harina pumpOUC Yacilicies Addition.'d Nnrrntivc/Dr:t%vi'gs tit:it add tu thc prcviuus qucstlu.s. cOST SHARE project Element pumpo~ capabilaie$ at aU 65 ~lips In Nertl Total Cost Niateria!s & ConstrUction TOwn o! lake park $1% ($) 85,000 57.000 167 Grant Requested $1% 28.0<30 / 33 Construction lo take p~aca during 2000. Funding partne~ip may be sought during futura ~e lggg.20Ot grant cltcle. l'allc 3 of 3 z PropOSed pumpO~ ScrviceS at A. 65 shps In Nod, h Basin O. Fuet Dock C. Transient D°ckage ~ I ccrtlfy tlmt to thc hcst iff my lm.wlcdgc, :dr uf thc st:~tc,-c-(s cut,t:d.cd i,, this 31,t,licntio. nrc cu,'rcct 6 cut)lcs to thc s.hmlttcd, h,cludl,,g ~ig.:,tucc I mnrkcd i)rlghtni sent t~) thc Couttty Cra,ti Cuordi,,.ator (~ Envirotttttcttt:tl [1.csourccs 3323 Bctvcdcr¢ Itu:Id, Bldg. \¥c.st Fnlttt tlc:ich, l:L, 33406 Ntmc' Brian Sullivan l'rhtt : · Asst. Town Mgr./ Public W~rks Director '['itlc:~ i):stc:__~__~4--~-~ DEP Agrccmcnt No. SP505. Attachmcnt A. Pagc 10 of 23 PROJECT Lake Worth Lagoon partnership Grant Program c),-,~ ,-,f P~lm Beach Master Drainaqe Plan Improvements ORIGINAl, Applicant: Agent/T!tle: Address: Phone: ~ Estimated Cost of Project $600000.00 . Is Funding Nlatch Already Available: YES EdwardO e_ I_ Executive Director. 4 East Port Road PO Box 9935 Riviera Beach FL 33419 Amount of Grant Request $300,000.00 Project Start Date (approx.) 2/99 Completion Date: 1st Phase 8~99 on-qoinq 12/2001 1. In tile space provided~ fully describe the scope, methods and location of the proposed partnership project. Th~ Port of Patm Beach is located in Palm Beach County on the western shore of the Worth Lagoon in [he City ct Riviera Beach, Florida. The total acreage of the Port i approximately 124.9 acres. The Port of Palm Beach is presently enhancing Port operations via a Capital Projects Expansion Program as approved by the Port's Master Plan. Within the next t~vo years, four major components will be constructed on the Port's property. The four projects are: (1) the on-going construction of the Skypass Bddge which is the elevation of U.S. Highway #1 to allow a greater movement of cargo throughout the Port and will also allow uninterrupted vehicular traffic flow; (2) the 90.000 square foot Cruise Terminal and new ma dtime office · building improvements; (3) construction of Slip #3 which will allow for the expansion of both cxuise and cargo operations: (4) and rail improvements. The .Port has engaged the service of Shalloway, roy, Rayman & Newell, Inc. to develop a Comprehensive Master Drainage Plan in conjunction with construction development at the Port. As a condition to the Skypass Project permit, the Florida Department of Environmental Protection (FDEP), has required water quality and quantity treatment of stormwater runoff meet current stormwater drainage criteria. The construction of retention areas, ex, filtration trenches, oil/water separators and weirs will improve the quality of water discharging into the Lake Worth Lagoon. These enharicements will also reduce the quantity of water discharging into the Lagoon. The development of the Master Drainage Plan will identifY a priority list of improvements that will be scheduled for construction over the next several years. The type of treatment ,,Mil vary based on the analysis of the stormwater discharged from idenLified areas of the Port. The water quality-monitoring program will allow for the analysis of the improvements and measure their effectiveness. The funds from this grant program will be spent on the construction of water quality treatment systems and follow-up monitoring. DEP Agreement No. SP$05, Attachment A, Page 14 of 23 Project: Port of Palm Beach Master Draina e Plan Im rovements Page 3 of 3 Additional Narrative/Drawings that add to the previous questions. For many years, there were no significant expansions or changes to the Port. Recognizing that there are other projects that will be built in the near future, the Florida Department of Environmental Protection (FDEP) is requiring that the Port address the water quality issUes associated with these improvements. As a Special Condition (Condition No. #3) to the Skypass Project's FDEP Permit (No. 50-131286-001) the Port of Palm Beach is to prepare a Master Drainage Plan. Condition #3 states: The Stormwater Master Drainage Plan reflects the both existing ex~st~ g stormwater system and treatment facilities, land uses and proposed, a plan address the retrofitting of the existing and any proposed new facilities, water quality monitoring, potential funding sources for water quality improvements and recommendations. The goal of the Master Plan is to establish a comprehensive long-term plan so that in the future development of the Port facilities can be accomplished in a manner that will meet or exceed water quality standards in a well-defined and organized method. As new projects come on-line the Master Drainage Plan will be the "Guide" to ' designing and implementing the stormwater system for that project. The goal of the Master Drainage Plan is very similar to the Lake Worth Lagoon Management Plan mission statement and goals. The relationship between water. qualitY, enhanced habita_t and intera.qency manaqeme_nt will be brought together by the Port-of Palm Beach's implementation of the Master I_)rainage Plan. M;;tching funds are available for these stormwater'imPr°vements through the Port of Palm Beach issuance of tax-exempt parity debt bond issue or tax exempt notes or Port reserves. Certification: I certify that to the best of my knowledge, all of the statements contained in this application are correct and complete. 6 copies to the submitted, including I marked original sent to the County Grant coordinator (~ Environmental Resources Management 3323 Belvedere Road, Bldg. 502 West Palm Beach, FL 33406 DEP Agreement No. SP505, Attachment A, Page 16 of 23 l'rujucl: Thc ilun~iss',nue I'rujuet l'lmse ! -'l're:tlmunt and l)ivursi~n Page 2 of 3 llow s¥ill )'our prujccl assist itt lite '-,tlainmcnl of lite prlnciir-,I goal of the L',ke \Vorth L',guun ~]alta~¢lllelit l'lun i.e. tile resluratlon/hnprovcntcnt of tile Luke %Vurlb Lagoon. Thc Project will asnclioralc freshwater "slugs" and pollutant loads to thc Lake Worth Lagoon by diverting untreated sturmwatcr rutlof[' away from thc C-5 ! drainage basin; this will help restore the Lagoon lo a hcahhy, macrophytc- based cstuarine ccosyslcnL By curtailing sturmwatcr discharges into the Lagoon, Otc Project will rcducc mass loadings, scdilllclltal[Oll, nutrient loading, toxic substances and pafliogcns. Additionally~ fl~c l'rojcct will reduce Otc peak discharge rate to help limit freshwater "slugs" to thc Lagoon. 01crcby minimizing undesirable salinity lluctuafions. Finally, thc project also serves as a model to uther municipalities fur integrated water nsanagcmcnl. 3. lluw 's~'ill you measure thc success/bcnelits of }'out' el'furls un Ihe Lake Worth Laguu,t. 'l'he City will bc able to quantify thc pollution reduction to thc Laguun by monilorin!; thc quality arid qua,ttity of v.'ater diverted through the CON/SPANs attd thc whuI¢ al' thc l{.cnaissaucc l'rojcct by calculatiug flow and load reductions and comparing that data to hi,qorical dlschargcs into dtc L:,guon. Water quanli[y will bc recorded attd water quality sa,epics wilt be taken at dtc discharge locatiun(s) ut' the Water Managcn.~cnt System during periods of discharge. Water quality samples will bc taken itmncdiatcly upstream of thc pump station, die settling basin spillway aud thc water supply pump. This monitoring plan will bc followed for a onc-ycar period, and dtcn re.evaluated to optimlzc sampli,tg prolucal. Parameters to bc obtained uti a daily attd weekly basis will be sampled by thc ccrlificd City I--,buralory fur all listed parameters (with thc cxccplign o[' DOD and Oils and Greases). -Paramctcrs lo bc obtained on a,mual basiOl{as well as DOD arid Oils attd Orcascs} will bc samplcd and attalyzcd by a laburalury certified by Florida DEP'and/or lll(S. Semi-annual reports shall bc prepared, i,cluding ICSl rcsuhs, thc DEP/III(S certified number. SWFMD pcrndt number, sample location attd Iluw conditiuns. Thc following parameters will bc sampled u,I a Samples will bc attalyzcd on a monthly basis for thc daily basis: par-',ntctc~s listed bclov,': I'a, a,net¢~s Analvzcd Usdls pll (P.a,tgc>6.O & <~.5) Sta,tdatd Dissolved Oxygcil mg/I 'l'utbidity alu 'l'utal Dissoh'cd Solids ('I'DS) tng/I Fecal Culil'urms mf/100ml Total Colifornts till/i 00nd 'lltc following parameters will bc sa,uplcd on a v,'cckly basis: l'3ramet¢~s Analyzed Units Conductivity. Field unfltus/c,n Water Temperature degrees C Alkalinity mg/I DiochendcaI-Oxygen Demand (BUD} mg/I Chlorides tng/I 1 la~dness mgll Oil and Grease lng/i Total Suspended Solids {'I'SS} mgli i'a~atnetc~S Analy/cd Atttlttunia as N ttlgll Nitrite arid Nitrate as ntg/i Total Kjedahl Nitrogen mgll Total l'hosphums as P mg/I Aluminum ug/I Arsenic. total u~l Cadmium Chromium u~! Copper u~l Iron ug/I Lead u~l Selenium u~l Zinc u~l Samples will bc attalyzcd uti a semi-an,mai basis (dry a.d wet screening, ndnimu,n two. inch rainfall) for Organochloride Pcsticidcs.(g081A). Chloridatcd llcrbicidcs (8151A), Purgcable llalocarbons a nd Volatile Organic Compounds (602). DEP Agreement No. SPS05, Attachment A, Page 18 of 23 Project: Applicant: Agent/Title: PROJECT 7 ORIGINAL Lake Worth Lagoon Partnership Grant Program Peanut Island Environmental Restoration Palm Beach County Board of County Commissioners Richard E, Waleskv. Director, PBC Environmental Resources Mgmt.- Address:. 3323 Belvedere Road, Building 502, West Palm Beach, FL 33406 Phone: ~ Estimated Cost of Project ~Amount of Grant Request $250.000 Is Funding Match Already Available The proiect is being processed to receive Federal fundinq through the U.S, Army Corps of Enqineers Secli0n 113.5 WRDA Project Start Date (approx.) April, 1999 Completion Date April, 2000 1. Describe tile scope, methods and location of tile proposed pa,rtnership project: The Peanut Island Environmental Restoration Project will provide key habitat for .fish. invertebrates and wildlife through the restoration and creation of habitat on a spoil island. Originally, the area occupied by Peanut Island was a submerged shallow-water habitat; however, as a result of fill placement from numerous dredging projects, the area consists o1' a 79 acre spoil island infested with exotic vegetation (primarily Australian pine and Brazilian pepper), rendering the majority of the island inaccessible. The environmental restoration plan calls for creation and restoration of wetland and upland habitats on Peanut Island, which is ideally situated in Lake Wodh Lagoon in proximity to the Lake Worth Inlet. Island restoration efforts include the following: · Clear and chip 17+ acres o1' exotic vegetation to create upland and wetland · Relocate 8G,300 cubic yards ot' dredged material deposits for wetland creation · Reduce elevations to wetland grades in order to: · Create a 1.0 acre shallow-water reef habitat · _ Create 2.0 acres of shallow-water lagoon habitat · Restore 3.0 acres of existing mangrove habitat through the creation of 1.5 acres of inlet, tidal pond and flushing channels · Create 7.7 acres of upland maritime hammock · Create 2.2 acres transitional zone to augment wetland and upland habitats.. The project will provide a unique habitat for fisheries and wildlife, while interfacing with the island's principle function as a continued disposal site and recreational area. DEP Agreement No. SP505, Attachment A, Page 20 of 23 Project: ~~ental Restoration. 4. Additional Narrative/Drawings that add to the previous questions. Restoration of wetland and upland habitat on Peanut Island will provide:. Page 3 ot' 3 Reel' habitat to colonize algal communities; settle oceanic larvae; recruit tis h/invertebrates Lagoon habitat to recruit seagrasses and benthic organisms l'or the benefit ol' fisheries Tidal flushing to an existing mature mangrove system, which will benefit associated fish and wildlife Nursery habitat l'or invertebrates, larval and juvenile fishes A food source to fisheries and wildlil'e providing the basis ol' primary production in the l'ood chain Maritime hammock habitat vital to breeding and wintering of migrating birds and other wildlil'e Shelter for fish, birds and wildlife Elimination ol' exotic pine/pepper to be chipped [or mulch in development of maritime hammock LCCCNO Certification: ! certify that to the best ol' my knowledge, all of the statements contained in this application are correct and complete. 6 copies to be submitted, including 1 marked original sent to the County Grant Coordinator (~ Environmental Resources Management 3323 Belvedere Road. Bldg. 502 West Palm Beach. FL 33406 Print Name:_ Richard E. Walesk¥ - Title: Director. Envi~onment;~l Resources DEP Agreement No. SP$05, Attachment A, Page 22 of 23 ATTACHMENT B Comptroller Contract Payment Requirements Department of Banking and Finance, Bureau of Auditing Manual (10/07/97) Cost Reimbursement Contracts Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.) Supporting documentation must be provided for each amount for which reimbursement is being claimed indicating that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should dearly reflect the dates of service. Only expenditures for categories in the approved contract budget should be reimbursed. Listed below are examples of types of documentation representing the minimum requirements: (1) Salaries: A payroll register or similar documentation should be submitted. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. (2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits xvill be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. (3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which includes submission of the claim on the approved State travel voucher or electronic means. (4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property is purchased using State funds, the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with Department of Management Services Rule 60A-I.017, Florida Administrative Code, regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the State. (5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable. (6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown. Pursuant to 216.346, Florida Statutes, a contract between state agencies including any contract involving the State University system or the State Community College system, the agency receiving the contract or grant moneys shall, charge no more than 5 percent of the total cost of the contract or grant for overhead or indirect cost or any other cost not required for the payment of direct costs. DEP Agreement No. SP505, Attachment B, Page 1 of 1 RULES OF THE AUDITOR GENERAL CHAPTER 10,600 TABLE OF CONTENTS Rule Section No. Description PaRe 10.610 10.620 10. 630 PREFACE TO RULES ........................................ 2 DEFINITIONS ..................................................... 3 AUDIT REQUIREMENTS ................................... 4 EFFECTIVE DATE ............................................. 4 APPENDIX ......................................................... 5 PREFACE TO RULES Section 216.349, Flodda Statutes, imposes audit requirements on recipients of grants and aids appropriations from State agencies. The grants and aids appropriations referred to in Section 216.349, Florida Statutes, are those designated as "grants and aids-" in a Florida appropriations act. The beginning point of any audit required by this section of law should be a determination of which State moneys received by the auditee are grants and aids appropriations as described above. The Auditor General has no authority or responsibility to determine which grants and aid.s are covered by this section of the Flodda Statutes. Because of responsibilities assigned to the administering State agency and the Comptroller of the State of Florida, either or both should be able to assist the auditee in determining which grants and aids come under Section 216.349, Flodda Statutes. The administering State agency should also be consulted regarding any specific form requirements for the required report and schedule. These rules apply only to grants made by State agencies from appropriations designated as "grants and aids" in a Flodda appropriations act. These rules do not apply to grants made from sources of money other than those designated as "grants and aids" in a Flodda a ppropdations act. There may be occasions when State grants and aids appropriations moneys received from a State agency include Federal moneys. Certain changes to these rules have been made to assist State agency Federal award pass-through recipients in their effort to implement new Federal requirements (i.e., Single Audit Amendments of 1996 and revised OMB Circular A-133) while still complying with the Section 216.349, Flodda Statutes, requirements. The most significant change to these rules is the requirement that the auditor conduct an examination in accordance with AICPA attestation standards and issue an examination attestation report addressing compliance with the grant requirements. Since the primary objective of a Section 216.349, Florida Statutes, audit is to determine the recipient' s compliance with the grant provisions (including a determination of whether the grant funds were used for authorized purposes), an examination conducted in accordance with AICPA attestation standards should be sufficient to meet this objective. AICPA attestation standards are not significantly different from AICPA auditing standards and the level of audit work necessary to meet this objective would not vary significantly whether done as part of an audit or as part of an attestation engagement. An examination done in accordance with AICPA DEP Contrac~ No. SP505, Attachment C, Page 2 of 5 10.620 AUDIT REQUIREMENTS (1) When an audit is required pursuant to Section 216.349, Florida Statutes, the audit shall be an examination conducted in accordance with attestation standards promulgated by the American Institute of Certified Public Accountants. Grantor State agencies may also impose additional requirements. (2) The report produced in compliance with Section 216.349, Florida Statutes, shall contain a schedule of State financial assistance which meets the requirements of the granting agency(s) and a written report which includes an opinion on management' s assertion about' the entity' s compliance with grant requirements. Additionally, the report should refer to the schedule of State financial assistance and should indicate whether, in the auditor' s opinion, the applicable management assertions are fairly stated in all material respects. General Authority and Law Implemented - Section 11.45, Florida Statutes, and Section 216.349, Florida Statutes. History: New 06.30-92 Amended 06-30-93, 06-30-94, 06-30-95, 09-30-97 10.630 EFFECTIVE DATE These Rules, as amended, shall take effect September 30, 1997, and are applicable to audits for fiscal years ending September 30, 1997, and thereafter. General Authority and Law Implemented - Section 11.45, Florida Statutes, and Section 216.349. Florida Statutes. History:. New 06-30-92 Amended 06-30-93, 06-30:94, 06-30-95, 09-30-96, 09-30-97. Renumbered 09-30-97 (forrn*erly 10.640) DEP Contra~t No. SP505, Attachment C, Page 4 of 5 INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY AND THE CITY OF BOYNTON BEACH This Interlocal Agreement is made the day of .. ,1999, between the City of Boynton Beach, a municipality located in Palm Beach County, Florida (hereinafter "City") 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 intedocal 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 (1997), 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 WHEPdgAS, the County desires to environmentally restore and enhance the Lake Worth 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 (FDEP) Agreement SP505, dated February 1, 1999, the County has received a grant from the FDEP for the purpose of conducting environmental enhancement and restoration of the Lake Worth Lagoon; and WHEREAS, the County wishes to encourage municipalities that border the Lake Worth Lagoon to protect and enhance their littoral and estuarine habitats by improving the water quality of the lagoon; and WHEREAS, the County and the City recognize that management of fresh water inflows to the Lake Worth Lagoon is essential to limiting undesirable salinity fluctuations, turbidity, BOD and flow of nutrients, all of which threaten the habitat therein; and WHEREAS, the City desires to collect stormwater from a 4- 49 acre developed area and treat that water before releasing it into the Lake Worth Lagoon; and WltEREAS, the County and the City expect that such treatment will likely improve the quality of the waters of the Lagoon; and WHEREAS, the City has applied to the Lake Worth Partnership Program to request a grant of money to assist in the constmctionof a Regional Storm Water Collection and Treatment System; and WHEREAS, the City and the County have mutually agreed to cooperate in a City project 2 to construct a Regional Storm Water Collection and Treatment System. NOW THEREFORE, in consideration of the mutual representations,terms, and covenants hereinafter set forth, the parties hereby agree as follows: 1. Purpose of Interlocal Agreement and Recitals. The purpose of this Interlocal Agreement is to establish provisions for the transfer of FDEP funds from the County to the City for the limited purpose of assisting in the construction of a Regional Stormwater Collection and Treatment System, and to set forth the terms, conditions and obligations of each of the The foregoing recitals are incorporated herein and are true and o respective parties hereto. correct. Definitions. The following definitions shall apply to this Agreement: A. B. Co Do "Act" shall mean Part I of Chapter 163, Florida Statutes. "Agreement" shall mean thls Interlocal Agreement, including any amendments or supplements hereto, executed and delivered in accordance with the terms hereof. "Construction" shall mean the act of physically building the project, or any of the components of the project, and shall include the process of building, clearing, filling, excavation, or paving, or the substantial improvement in the size or use of .any structure or the appearance of any land. It shall include the transportation, installation or deployment of any completed components of the project. It shall not include designing, engineering, drafting or planning of the project, nor shall it include monitoring of the project after completion, installation or deployment. "Project" shall mean the activities described as Project 2, pages 5 through 7 of Attachment A of Agreement SP505, attached hereto and made a part hereof as 3 o Exhibit A. Documents Incorporated. Except as otherwise provided herein, City agrees that it shall comply with all terms and conditions of Agreement SP505 between Palm Beach County Board of County Commissioners and Florida Department of Environmental Protection, dated February 1, 1999 and attached hereto and made a part hereof as Exhibit A. County's Representative/Monitoring Position. The County's representative/contract monitor during the term of this Agreement is identified below: Name: Richard E. Walesky, Director Address: Palm Beach County Department Management 3323 Belvedere Road West Palm Beach, FL 33406 Phone: (561) 233-2400 Fax: (561) 233-2414 of Environmental Resources · City's Representative/Monitoring poSition. The City's representative/contract monitor during the term of this Agreement is identified below: Name: John A. Guidry, Director of Utilities Address: 5469 West Boynton Beach Boulevard Boynton Beach, FL 33437 Phone: (561) 375-6401 Effective Date/Term. The term of this Agreement shall be effective on the date of execution of the Agreement by both parties and shall continue in full force and effect for up to eighteen months, inclusive, unless otherwise terminated as provided herein. The County reserves the right to extend this Agreement for an additional six months immediately following the term of the Agreement for good cause shown in writing and submitted to the County no less than two months before the date of expiration. 4 o Responsibilities and Duties of the County_. The County agrees to pay the City an amount not to exceed $300,000 to be used for the limited purpose of reimbursement for costs associated with construction of the Project, provided the City meets the minimum match requirement of $1,200,000 as noted in Attachment A of Agreement SP505. Activities eligible for match requirements include pre-construction costs such as planning and design, engineering, and permitting costs incurred on or after the projected start date established in Exhibit A, Attachment A, Page 5. An additional $100,000 may become available to fund the Project as provided for in Agreement SP505, Attachment A, page 1, Note 1. Responsibilities and Duties of the City. A. The City agrees to construct a Regional Stormwater Collection and Treatment System and do all the work related to this Project as more particularly described in Exhibit A, Attachment A, Project 2, pages 5 through 7; and B. The City agrees to provide the funds for the balance of the Project not funded by the County; and C. The City agrees to submit quarterly reports and invoices to the County by April 14, July 14, October 14 and January 14; and D. The City agrees to complete the Project in a timely fashion, satisfying all necessary permits and inspections; and E. Within two weeks of completion of the Project, the City agrees to submit a final Project report to the County. The City understands that this Project report will be forwarded to the FDEP in conformance with the requirements of FDEP Agreement SP505. 5 ¸9. 10.' 11. 12. 13. F. In the event that the project is not completed at the end of the contracted period of time, the final amount of the grant will be prorated based on the amount of construction completed. Payments/Invoicing and Reimbursement. City shall submit invoices to County which will include a reference to this Agreement, identify the Project, and identify the amount due and payable to City. Invoices shall be itemized in sufficient detail for prepayment audit thereof. City shall supply any further documentationdeemed necessary by County. Invoices received from City will be reviewed and approved by the Department of Environmental Resources Management, 3323 Belvedere Road, West Palm Beach, FL 33406-1548, and who will indicate that expenditures have been made in conformity with this Agreement and who will then send the invoices to County's Finance Department for final approval and paYment. Funding Source. The County and City agree that the sole funding source for this Agreement is grant money obtained by County from the FDEP and shall not exceed a total amount of $300,000. It is also understood that the County's performance and obligation to pay is contingent upon an annual appropriation to FDEP by the Legislature. Access and Audits. City shall maintain adequate records to justify all charges, expenses, and costs incurred in accordance with generally accepted accounting principals. Both the County and the FDEP shall have access to all books, records and documents as required in this section for the purpose of inspection or audit during normal business hours during the term of this Agreement and for at least three (3) years after completion of the Project. Renewal. This Agreement may not be renewed. Breach/Opportunityto Cure. The parties hereto expressly covenant and agree that in the 6 I event either party is in default of its obligations herein, the party not in default shall provide to the party in default thirty (30) days written notice to cure said default before exercising any of its rights' ~rovided for in this Agreement. 14. Termination. This Agreement may be terminated by either party to this Agreement upon 30 days written notice to the other party. 15. 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, that this clause pertains only to the parties to this Agreement. 16. Notice. All notices required to be given under this Agreement shall be deemed sufficient to each party when delivered by United States Mail to the County and City o · representative/contract monitors identified above in Sections 4 and 5, respectively, and with a copy sent to the Palm Beach County Attorney's Office, 301 North Olive Avenue, Sixth Floor, West Palm Beach, FL 33401. 17. Delegation of Duty~ Nothing contained herein shall be deemed to authorize the delegation of the constitutional or statutory duties of state, County, or city officers. 18. Filing. A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County. 19. Liability_. The parties to this Agreement and their respective officers and employees shall not be deemed to assume any liability for the acts, omissions, and negligence of the other party. Further, nothing herein shall be construed as a waiver of sovereign immunity by either party, pursuant to Section 768.28, Florida Statutes. 7 20. 2¸1. Indemnification. Without waiver oflimitationas provided for in Section 768.28(5), Florida Statutes, and to the extent permitted by law, the County agrees to indemnify and hold harmless the City from any claims, losses, demands or cause of action of whatsoever kind or nature that the City, 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(5), Florida Statutes, and to the extent permitted by law, the City 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 City's negligence or willful misconduct. Nothing herein shall be construed as a waiver of sovereign immunity by e. ither party, pursuant to Section 768.28, Florida Statutes. Insurance. Without waiving the right to Sovereign Immunity as provided by Section 768.28 Florida Statutes, the City 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. In the event the City voluntarily elects to maintain a Commercial General Liability and/or a Business Auto Liability insurance policy, in lieu of exclusive self-insurance under Section 768.28 Florida Statutes, the City shall agree to add the County as an "Additional Insured" 8 22. 23. with respect to liability arising out of the City's operations or premises owned by or rented to the City which is subject to this Agreement. Said insurance policies shall have a minimum limit of $500,000 combined single limit of bodily injury or property damage. The City shall either self-insure or maintain insurance for Worker' s Compensation insurance for all of its employees connected with the work of this Agreement and, in case any work is subcontracted, the City shall require the subcontractor similarly to provide Worker's Compensation for all of the subcontractor' s employees unless such employees are provided coverage by the City. The City shall agree to have adequate property insurance, including builder's risk coverage while the project is in the course of construction, maintained in adequate limits of coverage on the building and contents based on the City's probable maximum loss est. imate, s against' the perils of fire, wind, flood, and other hazards} City shall agree to be fully responsible for any deductible or self-insured retention. When requested, the City agrees to provide a Certificate of Insurance or affidavit evidencing the required insurance coverages or Sovereign Immunity status above. Compliance With Law. The City shall comply with all applicable federal, state and local rules and regulations in providing services under this Agreement. The City acknowledges that this requirement includes compliance with all applicable federal, state and local health and safety rules and regulations. The City further agrees to include this provision in all subcontracts issued as a result of this Agreement. Amendments, This Agreement may only be amended by written Agreement executed by both parties hereto. 9 24. 25. 26. 27. 28. 29. Remedies. This Agreement shall be construed by and govemed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held in Palm Beach County. 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 preclude any other or further exercise thereof. Time of the Essence. The parties expressly agree that time is of the essence in this Agreement and the failure by a party to complete performance within the time specified, or within a reasonable time if no time is specified herein, shall, at the option of the other party without liability, in addition to any other fights or remedies, relieve the other party of any ¢ obligation to accept such performance. Equal Opportunity_ Provision. The County and the City agree that no person shall, on the grounds of race, color, sex, 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. Captions. The captions and section designations herein set forth are for convenience only and shall have no substantive meaning. Severability. In the event that any section, paragraph, sentence, clause, or provision hereof be held by a court of competentjurisdictionto be invalid, such shall not affect the remaining portions of this Agreement and the same shall remain in full force and effect. Entirety of Agreement. This Agreement represents the entire understanding between the 10 parties, and supersedes all other negotiations, representations, or agreement, either written or oral, relating to this Agreement. IN WITNESS WHEREOF, the COUNTY OF PALM BEACH, Florida has caused this Agreement to be signed by the Chair of the Board of County Commissioners and the seal of said Board to be affixed hereto and attested by the Clerk of said Board, pursuant to authority granted by said Board, and the CITY OF BOYNTON BEACH has caused this Agreement to be signed in its name by its Mayor and its seal to be affixed hereto, attested by its Clerk, the date and year first above written. CITY OF BOYNTON BEACH By:. , Mayor Date PALM BEACH COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS By: Chair Date ATTEST: By: Date ATTEST: DOROTHY H. WILKEN, CLERK By: Date APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: City's Attomey APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: k-'/C~'tmty's Attom~ G:\COMMON~TTY~WPDATAXENVIR~LBEBBER~DA~ISC\INTER2.BOY 11 INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY AND THE CITY OF BOYNTON BEACH R99 390 D 0 41 MAR 021599 This Interlocal Agreement is made the 0 day of 1 r 1 ! 1 , 1999, between the City of Boynton Beach, a municipality located in Palm Beach County, Florida (hereinafter "City ") 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 (1997), 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, 1 of any of either governmental entity's authorized functions; and WHEREAS, the County desires to environmentally restore and enhance the Lake Worth 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 (FDEP) AgreementSP505, dated February 1, 1999, the County has received a grant from the FDEP for the purpose of conducting environmental enhancement and restoration of the Lake Worth Lagoon; and WHEREAS, the County wishes to encourage municipalities that border the Lake Worth Lagoon to protect and enhance their littoral and estuarine habitats by improving the water quality of the lagoon; and WHEREAS, the County and the City recognize that management of fresh water inflows to the Lake Worth Lagoon is essential to limiting undesirable salinity fluctuations, turbidity, BOD and flow of nutrients, all of which threaten the habitat therein; and WHEREAS, the City desires to collect stormwater from a ± 49 acre developed area and treat that water before releasing it into the Lake Worth Lagoon; and WHEREAS, the County and the City expect that such treatment will likely improve the quality of the waters of the Lagoon; and WHEREAS, the City has applied to the Lake Worth Partnership Program to request a grant of money to assist in the construction of a Regional Storm Water Collection and Treatment System; and WHEREAS, the City and the County have mutually agreed to cooperate in a City project 2 to construct a Regional Storm Water Collection and Treatment System. NOW THEREFORE, in consideration of the mutual representations,terms, and covenants hereinafter set forth, the parties hereby agree as follows: 1. Purpose of Interlocal Agreement and Recitals. The purpose of this Interlocal Agreement is to establish provisions for the transfer of FDEP funds from the County to the City for the limited purpose of assisting in the construction of a Regional Stormwater Collection and Treatment System, and to set forth the terms, conditions and obligations of each of the respective parties hereto. The foregoing recitals are incorporated herein and are true and correct. 2. Definitions. The following definitions shall apply to this Agreement: A. "Act" shall mean Part I of Chapter 163, Florida Statutes. B. "Agreement" shall mean this Interlocal Agreement, including any amendments or supplements hereto, executed and delivered in accordance with the terms hereof. C. "Construction" shall mean the act of physically building the project, or any of the components of the project, and shall include the process of building, clearing, filling, excavation, or paving, or the substantial improvement in the size or use of any structure or the appearance of any land. It shall include the transportation, installation or deployment of any completed components of the project. It shall not include designing, engineering, drafting or planning of the project, nor shall it include monitoring of the project after completion, installation or deployment. D. "Project" shall mean the activities described as Project 2, pages 5 through 7 of Attachment A of Agreement SP505, attached hereto and made a part hereof as 3 Exhibit A. 3. Documents Incorporated. Except as otherwise provided herein, City agrees that it shall comply with all terms and conditions of Agreement SP505 between Palm Beach County Board of County Commissioners and Florida Department of Environmental Protection, dated February 1, 1999 and attached hereto and made a part hereof as Exhibit A. 4. County's Representative/Monitoring Position. The County's representative /contract monitor during the term of this Agreement is identified below: Name: Richard E. Walesky, Director Address: Palm Beach County Department of Environmental Resources Management 3323 Belvedere Road West Palm Beach, FL 33406 Phone: (561) 233 -2400 Fax: (561) 233 -2414 5. City's Representative/Monitoring Position. The City's representative /contract monitor during the term of this Agreement is identified below: Name: John A. Guidry, Director of Utilities Address: 5469 West Boynton Beach Boulevard Boynton Beach, FL 33437 Phone: (561) 375 -6401 6. Effective Date/Term. The term of this Agreement shall be effective on the date of execution of the Agreement by both parties and shall continue in full force and effect for up to eighteen months, inclusive, unless otherwise terminated as provided herein. The County reserves the right to extend this Agreement for an additional six months immediately following the term of the Agreement for good cause shown in writing and submitted to the County no less than two months before the date of expiration. 4 7. Responsibilities and Duties of the County. The County agrees to pay the City an amount not to exceed $300,000 to be used for the limited purpose of reimbursement for costs associated with construction of the Project, provided the City meets the minimum match requirement of $1,200,000 as noted in Attachment A of Agreement SP505. Activities eligible for match requirements include pre - construction costs such as planning and design, engineering, and permitting costs incurred on or after the projected start date established in Exhibit A, Attachment A, Page 5. An additional $100,000 may become available to fund the Project as provided for in Agreement SP505, Attachment A, page 1, Note 1. 8. Responsibilities and Duties of the City. A. The City agrees to construct a Regional Stormwater Collection and Treatment System and do all the work related to this Project as more particularly described in Exhibit A, Attachment A, Project 2, pages 5 through 7; and B. The City agrees to provide the funds for the balance of the Project not funded by the County; and C. The City agrees to submit quarterly reports and invoices to the County by April 14, July 14, October 14 and January 14; and D. The City agrees to complete the Project in a timely fashion, satisfying all necessary permits and inspections; and E. Within two weeks of completion of the Project, the City agrees to submit a final Project report to the County. The City understands that this Project report will be forwarded to the FDEP in conformance with the requirements of FDEP Agreement SP505. 5 F. In the event that the project is not completed at the end of the contracted period of time, the final amount of the grant will be prorated based on the amount of construction completed. 9. Payments/Invoicing and Reimbursement. City shall submit invoices to County which will include a reference to this Agreement, identify the Project, and identify the amount due and payable to City. Invoices shall be itemized in sufficient detail for prepayment audit thereof. City shall supply any further documentation deemed necessary by County. Invoices received from City will be reviewed and approved by the Department of Environmental Resources Management, 3323 Belvedere Road, West Palm Beach, FL 33406 -1548, and who will indicate that expenditures have been made in conformity with this Agreement and who will then send the invoices to County's Finance Department for final approval and payment. 10. Funding Source. The County and City agree that the sole funding source for this Agreement is grant money obtained by County from the FDEP and shall not exceed a total amount of $300,000. It is also understood that the County's performance and obligation to pay is contingent upon an annual appropriation to FDEP by the Legislature. 11. Access and Audits. City shall maintain adequate records to justify all charges, expenses, and costs incurred in accordance with generally accepted accounting principals. Both the County and the FDEP shall have access to all books, records and documents as required in this section for the purpose of inspection or audit during normal business hours during the term of this Agreement and for at least three (3) years after completion of the Project. 12. Renewal. This Agreement may not be renewed. 13. Breach /Opportunityto Cure. The parties hereto expressly covenant and agree that in the 6 event either party is in default of its obligations herein, the party not in default shall provide to the party in default thirty (30) days written notice to cure said default before exercising any of its rights as provided for in this Agreement. 14. Termination. This Agreement may be terminated by either party to this Agreement upon 30 days written notice to the other party. 15. 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, that this clause pertains only to the parties to this Agreement. 16. Notice. All notices required to be given under this Agreement shall be deemed sufficient to each party when delivered by United States Mail to the County and City representative /contract monitors identified above in Sections 4 and 5, respectively, and with a copy sent to the Palm Beach County Attorney's Office, 301 North Olive Avenue, Sixth Floor, West Palm Beach, FL 33401. 17. Delegation of Duty. Nothing contained herein shall be deemed to authorize the delegation of the constitutional or statutory duties of state, County, or city officers. 18. Filing. A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County. 19. Liability. The parties to this Agreement and their respective officers and employees shall not be deemed to assume any liability for the acts, omissions, and negligence of the other party. Further, nothing herein shall be construed as a waiver of sovereign immunity by either party, pursuant to Section 768.28, Florida Statutes. 7 20. Indemnification. Without waiver of limitation as provided for in Section 768.28(5), Florida Statutes, and to the extent permitted by law, the County agrees to indemnify and hold harmless the City from any claims, losses, demands or cause of action of whatsoever kind or nature that the City, 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(5), Florida Statutes, and to the extent permitted by law, the City 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 City'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. 21. Insurance. Without waiving the right to Sovereign Immunity as provided by Section 768.28 Florida Statutes, the City 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. In the event the City voluntarily elects to maintain a Commercial General Liability and /or a Business Auto Liability insurance policy, in lieu of exclusive self - insurance under Section 768.28 Florida Statutes, the City shall agree to add the County as an "Additional Insured" 8 with respect to liability arising out of the City's operations or premises owned by or rented to the City which is subject to this Agreement. Said insurance policies shall have a minimum limit of $500,000 combined single limit of bodily injury or property damage. The City shall either self - insure or maintain insurance for Worker's Compensation insurance for all of its employees connected with the work of this Agreement and, in case any work is subcontracted, the City shall require the subcontractor similarly to provide Worker's Compensation for all of the subcontractor's employees unless such employees are provided coverage by the City. The City shall agree to have adequate property insurance, including builder's risk coverage while the project is in the course of construction, maintained in adequate limits of coverage on the building and contents based on the City's probable maximum loss estimates against the perils of fire, wind, flood, and other hazards. City shall agree to be fully responsible for any deductible or self - insured retention. When requested, the City agrees to provide a Certificate of Insurance or affidavit evidencing the required insurance coverages or Sovereign Immunity status above. 22. Compliance With Law. The City shall comply with all applicable federal, state and local rules and regulations in providing services under this Agreement. The City acknowledges that this requirement includes compliance with all applicable federal, state and local health and safety rules and regulations. The City further agrees to include this provision in all subcontracts issued as a result of this Agreement. 23. Amendments. This Agreement may only be amended by written Agreement executed by both parties hereto. 9 24. Remedies. This Agreement shall be construed by and governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held in Palm Beach County. 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 preclude any other or further exercise thereof. 25. Time of the Essence. The parties expressly agree that time is of the essence in this Agreement and the failure by a party to complete performance within the time specified, or within a reasonable time if no time is specified herein, shall, at the option of the other party without liability, in addition to any other rights or remedies, relieve the other party of any obligation to accept such performance. 26. Equal Opportunity Provision. The County and the City agree that no person shall, on the grounds of race, color, sex, 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. 27. Captions. The captions and section designations herein set forth are for convenience only and shall have no substantive meaning. 28. Severability. In the event that any section, paragraph, sentence, clause, or provision hereof be held by a court of competent jurisdiction to be invalid, such shall not affect the remaining portions of this Agreement and the same shall remain in full force and effect. 29. Entirety of Agreement. This Agreement represents the entire understanding between the 10 parties, and supersedes all other negotiations, representations, or agreement, either written or oral, relating to this Agreement. IN WITNESS WHEREOF, the COUNTY OF PALM BEACH, Florida has caused this Agreement to be signed by the Chair of the Board of County Commissioners and the seal of said Board to be affixed hereto and attested by the Clerk of said Board, pursuant to authority granted by said Board, and the CITY OF BOYNTON BEACH has caused this Agreement to be signed in its name by its Mayor and its seal to be affixed hereto, attested by its Clerk, the date and year first above written. R 99 39 0 D CITY OF BOYNTON BEACH PALM BEACH COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS � MAR Z 1999 By: ., �L�.Y 4 By:_� d'-.. , Mayor DM;* Chair Date \ \ \\ \ 1/11 �\\\\ ..... N .�� ATTEST: ,�� ATTEST: (9 \ 3' DOROTHY H. WILKEN, CLERK v •' .. ... Board of County C r.nissio NT Y " " C a++ By: ZU?0'�O.YA �..• ` B �i Date Deputy Clerk IA& Ol e9 , • ,, y iN y a COUNTY N FL APPROVED AS TO FORM AND APPROVED AS TO FWA,A : =r LEGAL SUFFICIENCY: LEGAL SUFFICIENCY' 'e ; ...... a t By: By: / J __ S W6 ( City's Attorney ■County's Attorn G \ COMMON\ ATTY\ WPDATA \ENVIR \LBEBBER \ DAWN \MISC \INTER2 BOY 11 EXHIBIT A DEP AGREEMENT NO. SP505 STATE OF FLORIDA GRANT ASSISTANCE PURSUANT TO LINE ITEM 1299A OF THE 1998 - 99 APPROPRIATIONS ACT THIS AGREEMENT is entered into between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, whose address is 3900 Commonwealth Boulevard, Tallahassee, Florida 32399 (hereinafter referred to as the "Department ") and the PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS, whose address is 3323 Bel%cdcre Road, Building 502, West Palm Beach, Florida 33406 (hereinafter referred to as "Grantee "), a local government, to perform Lake Worth Lagoon Restoration and Enhancement Projects In consideration of the mutual benefits to be denied herefrom, the Department and the Grantee do hereby agree as follows The Grantee does hereby agree to administer and manage subgrants for Lake Worth Lagoon Restoration and Enhancement by entering into subagreements with the various Subgrantees ho will perfom projects in accordance with the terms and conditions set forth in this Agreement, Attachment A (Scope of Services), and all attachments and exhibits named herein which are attached hereto and incorporated herein by reference. Nothing herein shall preclude the Grantee from funding approved projects done directly by the Grantee. 2 This Agreement shall begin upon execution by both parties and shall remain in effect for thirty -six (36) months, inclusive. In accordance with Section 287.058(2), Florida Statutes, the Grantee shall not be eligible for reimbursement for services rendered prior to the execution date of this Agreement This Agreement may be amended to provide for additional services if additional funding is made available by the Legislature 3 As consideration for the services rendered by the Grantee under the terms of this Agreement, the Department shall pay the Grantee on a cost reimbursement basis in an amount not to exceed $1,000,000. The Grantee shall be reimbursed on a cost reimbursement basis in accordance with the Comptroller's Contract Payment Requirements, attached hereto and made a part hereof as Attachment B If the Grantee finds that the work described in Attachment A cannot be accomplished for the current estimated amount, as indicated in Column E of the table of Page 1 of Attachment A, the parties hereto agree to modify the Scope of Services descnbed in Attachment A to provide for the restoration services that can be accomplished for the funding identified above. In the event of such modification to the Scope of Services, it is understood and agreed that the individual match amounts for each project shall not fall below fifty percent (50 %) of the total project cost. All bills for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof. All requests for reimbursement of travel expenses shall be submitted in accordance with Section 112 061, Florida Statutes. 4. The State of Flonda's perfonnance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. 5 The Grantee shall submit invoices on a convenient basis, but not more frequently than monthly and not less frequently than quarterly. Invoices shall be submitted in conjunction with progress reports describing the work performed, problems encountered, problem resolution, schedule updates and proposed work for the next reporting penod If advance payment is authorized, the Grantee shall report (and document) the amount of funds expended dunng the reporting period, the Agreement expenditures to date, interest earned during the quarter and clearly indicate the method for repayment of the interest to the Department (see paragraph 19) It is hereby understood and agreed by the parties that the term "quarterly" shall reflect the calendar quarters ending March 31, June 30, September 30 and December 31 The Grantee and each subgrantee is required to submit a final project report upon completion of the project for which they are responsible for conducting. Said project reports shall be submitted to the Department's Agreement Manager no later than thirty (30) days following project completion which must occur at least sixty (60) days prior to the completion date established in paragraph 2 above. DEP Agreement No. SP505, Page 1 of 5 6 Pursuant to Section 215.422, Florida Statutes, the Department's Agreement Manager shall have five (5) working days, unless otherwise specified herein, to inspect and approve the services 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 is given ten (10) days to issue a warrant. Days are calculated from the latter date the invoice is received or services received, inspected, and approved. Invoice payment requirements do not start until a proper and correct invoice has been received. Invoices which have to be returned to a 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 expenencing 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. 7 In accordance with Section 215.422, Florida Statutes, the Department shall pay the Grantee, interest at a rate as established by Section 55.03(1), Florida Statutes on the unpaid balance, if a warrant in payment of an invoice is not issued within forty (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 a grantee requests payment. The interest rate established pursuant to Section 55.03(1), by Comptroller's Memorandum No. 11 (1998 -99) dated December 2, 1998, has been set at 10% per 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 8. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents However, notlung contained herein shall constitute a waiver by either party of its sovereign inununity or the provisions of Section 768.28, Florida Statutes 9. The Department may terminate this Agreement at any time in the event of the failure of the Grantee to fulfill any of its obligations under this Agreement. Prior to termination, the Department shall provide thirty (30) calendar days written notice of its intent to terminate and shall provide the Grantee an opportunity to consult with the Department regarding the reason(s) for termination 10 Tlus Agreement may be unilaterally canceled by the Department for refusal by the Grantee to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Grantee in conjunction with this Agreement. 11 The Grantee shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. The Department, the State, or their authonzed representatives shall have access to such records for audit purposes during the term of this Agreement and for three years following Agreement completion. In the event any work is subcontracted, the Grantee shall similarly require each subcontractor to maintain and allow access to such records for audit purposes 12 In accordance with Section 216.349, Florida Statutes (financial review of grants and aids appropriations), the Grantee shall provide to the Department one of the following: (a) if the amounts received exceed $100,000, an audit of this Agreement in accordance with the rules of the Auditor General promulgated pursuant to Section 11.45, Florida Statutes; or (b) if the amounts received are greater than $25,000 but do not exceed $100,000, a statement prepared by an independent certified public accountant which attests that the Grantee has complied with the provisions of this Agreement or an audit as descnbed under (a) above, or (c) if expenditures are less than $25,000, an attestation by the head of the entity or organization, under penalty of perjury, that the entity or organization has complied with the provisions of this Agreement. The Department reserves the right to recover costs for failure to comply with Section 216.349, Florida Statutes Copies of the required statement or audit, as applicable, shall be sent to each of the following within six (6) months following the completion of each of the Grantee's fiscal years in which the Agreement is in effect. DEP Agreement No. SP505, Page 2 of 5 -John Moulton Department of Environmental Protection Southeast District Office Post Office Box 15425 West Palm Beach, Florida 33416 -5425 -Audit Director (MS40) Department of Environmental Protection 2600 Blair Stone Road Tallahassee, Florida 32399 -2400 -Audit Manager Office of the Auditor General P O. Box 1735 Tallahassee, Florida 32302 To ensure compliance with Section 216.349, Florida Statutes, Chapter 10.600, Rules of the Auditor General is provided as Attachment C. Although this document is provided as an attachment to this Agreement, the Grantee acknowledges that this rule is subject to periodic revision by the Auditor General, and as such, the Grantee agrees to comply with the effective version of the rule at the time of satisfying the audit requirements of this Agreement. 13 The Grantee is authorized to subcontract with the entities identified in Attachment A. The Grantee shall not otherwise subcontract, assign, or transfer any work under this Agreement without the prior written consent of the Department's Agreement Manager The Grantee agrees to be responsible for the fulfillment of all work elements included in any subcontract consented to by the Department and agrees to be responsible for the payment of all monies due under any subcontract It is understood and agreed by the Grantee that the Department shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract 14. In accordance with Section 216.347, Florida Statutes, the Grantee is hereby prolubited from using funds provided by this Agreement for the purpose of lobbying the Legislature, the Judicial branch or a state agency 15 A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crone 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 Section 287.017, F S., for Category Two, for a period of 36 months from the date of being placed on the convicted vendor list. 16 The Grantee shall comply with all applicable federal, state and local rules and regulations in providing services to the Department 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. 17. The Department's Agreement Manager for this Agreement is identified below. Nance. John Moulton Address Department of Environmental Protection Southeast District Office 400 North Congress Avenue West Palm Beach, Florida 33416 -5425 Phone 561/681 -6600 Fax. 561 /681 -6755 DEP Agreement No. SP505, Page 3 of 5 18 The Grantee's Agreement Manager for this Agreement is identified below. Name: Richard E Walesky Address Palm Beach County Environmental Resources 3323 Belvedere Road, Building 502 West Palm Beach, Florida 33406 Phone 561/233 -2400 Fax 561/233 -2414 19. In accordance with Section 216 181(15)(b), Florida Statutes, the Department, upon written request from the Grantee and written approval from the Comptroller, may provide an advance to the Grantee. The Grantee may temporarily invest the advanced funds, provided that any interest income shall either be returned to the Department, within thirty (30) days of each calendar quarter or be applied against the Department's obligation to pay, if applicable, under this Agreement. Interest earned must be returned to the Department within the timeframe identified above or invoices must be received within the same timeframe that shows the offset of the interest earned. Unused funds, and interest accrued on any unused portion of advanced funds which has not been remitted to the Department, shall be returned to the Department within sixty (60) days of Agreement completion. The parties hereto acknowledge that the State Comptroller may identify additional requirements which must be met in order for advance payment to be authorized. If additional requirements are imposed by the State Comptroller, the Grantee shall be notified, in writing, by the Department's Agreement Manager regarding the additional requirements. Prior to releasing any advanced funds, the Grantee shall be required to provide a written acknowledgement to the Department's Agreement Manager of the Grantee's acceptance of the terms unposed by the State Comptroller for release of the funds. 20. To the extent required by law, the Grantee will be self - insured against, or will secure and maintain during the life of this Agreement, Workers' Compensation Insurance for all of his employees connected with the work of this project and, in case any work is subcontracted, the Grantee shall require the subcontractor similarly 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 insurance coverage shall comply fully with the Flonda 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 insurance satisfactory to the Department, for the protection of his employees not otherwise protected. 21. The Grantee warrants and represents that it is self - funded for liability insurance, appropriate and allowable under Florida law, and that such self- insurance offers protection applicable to the Grantee's officers, employees, servants and agents wlule acting within the scope of their employment with the Grantee. 22 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 23 The purchase of non - expendable equipment costing $500 or more is not authorized under the terms of this Agreement. 24 The Department inay at any tine, by written order designated to be a change order, make any change in the work within the general scope of this Agreement (e.g., specifications, time, method or manner of performance, requirements, etc.) All change orders are subject to the mutual agreement of both parties as evidenced in wnting Any change order which causes an increase or decrease in the Grantee's cost or time shall require formal amendment to this Agreement. DEP Agreement No. SP505, Page 4 of 5 25. It is understood and agreed that the Grantee, and its subgrantees, shall not be compensated under this Agreement for any chemical or biological sampling and analysis performed as a component of the projects described in Attaclunent A. Therefore, the Department's Quality Assurance (QA) Requirements and Data Validation Requirements shall not apply to this Agreement. 26. Tlus Agreement represents the entire agreement of the parties Any alterations, vanations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to wnting, duly signed by each of the parties hereto, and attached to the original of this Agreement, unless otherwise provided herein IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year last written below. PALM BEACH COUNTY BOARD STATE OF FLORIDA DEPARTMENT OF OF COUNTY COMMISSIONERS ENVIRONMENTAL PROTECTION l) / 1 l I \ / / By By: Title Secretary or designee I /; 1 I Date Date. FEID No. 59- 6000785 � u P 114...- g eement Manager ... . _ •g - v A DEP Contracts Ad►mnistrator 1 4 Approved as to fonn and legality: DEP ttorney *For Agreements with governmental boards/commissions. If someone other than the Chairman signs this Agreement, a resolution, statement or other document authorizing that person to sign the Agreement on behalf of the Agreement or must accompany the Agreement List of attaclunents/exlubits included as part of this Agreement. Specify Letter/ Type Number Description (include number of pages) Attachment A Scope of Services (23 Pages) Attacluuent B Comptroller Contract Payment Requirements (1 Page) Attachment C Chapter 10.600, Rules of the Auditor General (5 Pages) DEP Agreement No. SP505, Page 5 of 5 ATTACHMENT A SCOPE OF SERVICES Legislative Lute Item Appropriation 1299A provided $1,000,000 for Lake Worth Lagoon Restoration and Enhancement Projects. A total of eleven (11) Grant Applications for various projects were submitted by qualified applicants and reviewed by a Selection Committee comprised of representatives from the Department of Environmental Protection, the South Flonda Water Management District, the U S Fish and Wildlife Service, the West Palm Beach Fishing Club and the Florida Inland Navigation Distnct. The following table identifies the projects which the Selection Committee approved on October 14, 1998 for funding under this specific appropriation LAKE WORTH LAGOON RESTORATION AND ENHANCEMENT PROJECTS FUNDED PURSUANT TO SFY98 -99 LINE ITEM APPROPRIATION NO. 1299A Project Project Descnption Responsible Original Onginal Grant (A -ByA Grant Award [C /(1 -R)j -C Revised Total Number Local Estimated Request Grantee/ (Grant Award Government Cost of Project Subgrantee + Minimum Minimum Match) Match (A) (B) (R) (C) (D) (E) 1 Artificial Reef School Distnct $102,000 $51,000 .50 S51,000 $51,000 $102,000 I Iabitats of Palm Beach County 2 Downtown City of $5,000,000 $1,000,000 80 $300,000 $1,200,000 $1,500,000 Watershed Regional Boynton Beach Stormwater Facility 3 Lake Park Manna Town of Lake $125,000 $42,500 66 $42,500 $82,500 $125,000 Pump Out Facilities Park 4 Lake Park Town of Lake $160,000 $80,000 .50 $80,000 $80,000 $160,000 Stormwater Park Management 5 Port of Palm Beach Port of Palm $600,000 $300,000 50 $147,408 $147,408 $294,816 Master Drainage Beach Plan Improvements 6 Renaissance Project City of West $1,666,628 $300,000 82 $100,000 $455,556 $555,556 Phase 1 - Treatment Palm Beach and Diversion' 7 Peanut Island Palm Beach $1,693,765 $250,000 85 $250,000 $1,443,765 $1,693,765 Environmental County Board Restoration of County Commissioners 8 Contract Palm Beach n/a n/a n/a $29,092 n/a n/a Administration County Board (associated with of County projects 1-6) _ Commissioners TotaIs $9,347,393 $2,023,500 — $1,000,000 $3,460,229 $4,431,137 Notes 'Should the City of West Pahn Beach (Project No 6) not receive pennits on a tunely basis (within sixty (60) days of executing a subagreement with Palm Beach County), their allocation will be transferred to the City of Boynton Beach (Project No 2) 2 At the time of application for the grant, the grant applicants agreed to pay for this much of the project. Except as provided for m paragraph 3 of this Agreement, individual match cotntnitments shall be identified and monitored for each grantee /subgrantee and shall, at a minimum, meet the proposed match percentages identified in the grant applications submitted for project evaluation and selection 3 1n determining compliance with match requirements, each grantee/subgrantee may use activities undertaken on or after the projected project start date established in Attaclunent A, Projects 1 - 7 (as appropnate) 4 For Projects 1 - 7, only construction activities (as described below and perfonned during the term of this Agreement) will be eligible for reimbursement wider this Agreement. For purposes of this Agreement the term "Construction" shall mean the following Construction shall mean the act of physically building the project, or any of the components of the project, and shall include the process of building, clearing, filling, excavation, or paving, or the substantial improvement in the size or use of any structure or the appearance of any land It shall include the transportation, installation or deployment of any completed components of the project It shall not include desigiung, engineering, drafting or planning of the project, nor shall it include momtonng of the project after completion, installation or deployment DEP Agreement No. SP505, Attachment A, Page 1 of 23 PROJECT 1 • .,,,G,tin„ ORIGINAL Lake Worth Lagoon Partnership Grant Program l'roject: Design, deploy, and monitor artificial fisheries habitats for the Lake Worth ' Lagoon Applicant: Spanish River Community 1-liglh School (School District of Palm Beach County) Agent/Title: John W. I latgis / Marine Research Director Address: • 5100 Jog Road Boca Raton, F1., 33496 Phone : \Volk — (561) 241 -2200 ext. 2430, Hotnc — (561) 392 -5597 Fax — (561) 241 -2024 Estimated Cost of Project: $102,000 Amount of Grant Request: $51,000 Is Funding Match Already Available: YES, Monneta' y and in kind funds Project Starting Date: October 15, 1998 Completion Date: June 1, 1999 1. 1u the space provided, fully describe the scope, methods and location of the Proposed partnership project. Our objective is to design, construct, deploy and monitor a prototype marine fisheries habitat in the Lakc \\'ortln Lagoon. ♦ We are nvorkiug closely with EIUv1 (Envitontnental Resource Management) in the designing ofa smaller scale ntacrohabitat (similar to the larger scale Singer Island project — Sugar Sand) to provide shelter, fccding and spawning habitats for juvenile and mature estuarine forms in the Lake \Vottln Lagoon. • A partnership has been established between local educational establishments, private businesses and local goveuunnent agencies to aid in the success of this project. This partnership includes: professional consultants volunteering from the Ocean Engineering Department at F.A.U., Mat Me Research students and director from Spanish River lligh School, local concrete and lumber busincsscs (gcnctously donating materials for molds and forms and transportation of the finished habitats to deployment sights), local dive operators and scuba retailers (pledging total support by donating boat time and equipment for monitoring procedures), and ERM (Envitotuncntal Resource Management) that conceived this prototype habitat. . ♦ Location of these habitats will be deployed at the following previously permitted (by ERM) sites within the Lake Worth Lagoon: a) Rybovich / Spencer site, b) Boynton Beach artificial reef site, c) \Vest Palm Beach fishing pier site, and d) additional habitats at the Sugar Sand • site. DEP Agreement No. SP505, Attachment A, Page 2 of 23 ORIGINAL Project: Design, Deploy and monitor artificial fisheries habitats for the Lakc Worth Lagoon 2. flow will your project assist in the attainment of the principle goal of the Lakc Worth Lagoon hlanagcutcnt Plan, I.E. the restoration / improvement of the Lake Worth Lagoon? • Our environmental entrancement fisheries habitat will support a diversity of fisheries and wildlife, which include endangered and threatened species. The habitat's carefully designed shape and positioning within the lagoon will encourage nutrient rich water flow and promote the migration of many lagoon species. ♦ The design of the habitat will provide shelter, feeding and spawning areas for juvenile and mature fishes and other estuarine species such as encrusting, water- filtering life forms, like oysters and barnacles, aiding in attaining and maintaining water quality in the Lakc Worth Lagoon. . 3. llow will you measure the success / benefits of your efforts in the Lake Worth Lagoon? ♦ A team of carefully selected Marine Reseatch students Gout Spanish River 1-Iigh School and F.A.U.'s (Florida Atlantic University) Dive Club will provide comprehensive monitoring of changes that take place at rite site locations. ♦ Monitoring will include: Video and photographic records of development Periodic analysis of water quality Fish population counts and species identification Tidal and current influence of the Lake Worth Lagoon investigation for deployment of habitats at future sites • Monitoring will be continued mutually through the Matins Research program at Spanish River High School and other volunteering envitomncutal clubs and agencies. ♦ Catalogued data will be made available to county agencies. • Project provides tremendous cnvitoruuental benefits to the Lake Worth Lagoon at a low cost. Some of these benefits include: . Increased habitats for fisheries Improved water quality in our intracoaslal waterways Ecotourism ♦ Due to local benefits and interest, dive operators and scuba retailers have generously donated the use of scuba equipment and boat chartcts to aid in the monitoring process. DEP Agreement No. SP505, Attachment A, Page 3 of 23 ORIGINAL Project: Design, Deploy and monitor artificial fisheries habitats for the Lake Worth Lae,00n Additional Narrative /Drawings that add to the previous questions: ■ itt summary, this conceived idea of LRM to place fisherles habitats within designated pet mined sites in the Lake Worth Lagoon, has been adopted by the Marine Research program at Spanish River High School. Students, teachers, and other educational conununitics along with local private and public businesses, clubs and environmental agencies have formed a partnership to drastically improve the quality of the ecosystems in the Lake Worth Lagoon. . An awareness program is being developed using tescatch acquired 'loin this project and previous others to educate local public and private school students of the importance of restoration and enhancement programs. Marine Research students will schedule presentations to various grade levels about this and other projects to promote environmental awareness to future generations. Certification: 1 certify that to the best of my knowledge, all of the statements contained itr this application are correct and complete. 1, L / Signature: \ i ,^, Cd ,Y v -e—.1 Print Name: - „^' /t/. / / Title: / /�f- re. Zi— t Date: ,.JG i) Te. , 77. .e-.0 .2 / 77j' Scud 6 copies to the submitted, including 1 marked `original' scut to the County Grant Coordinator @ Environmental Resources Management 332313clvcd ere Road, lJldg. 502 • West Palm Beach, FL 33406 DEP Agreement No. SP505, Attachment A, Page 4 of 23 PROJECT 2 ORIGINAL Lake Worth Lagoon Partnership Grant Program ' Project: Duwuto■sn Watershed Regional Stormwatcr Facility Applicant. City of Boynton Beach AgenUTitle. John A. Guidry, Director of Utilities Address: 5469 West Boynton Beach Boulevard, Boynton Beach, FL 33437 Phone: (561) 375 -6401 Estimated Cost of Project: S 5.0 million Amount of Grant Request: S 1.0 million Is Funding (\latch Already Available: Yes Project Start Date (approx.): November 1998 Completion Date: January 2000 1. In the space provided, fully describe the scope, methods and location of the proposed partnership project. Phase 1 of the project is located in Boynton Beach's Central Business District. It includes the construction of a Regional Stormwatcr Collection and Treatment System to collect storms +atcr from a ± 49 acre area that is already developed, and is scheduled for redevelopment (sec attached map for location) Currently, all stormwatcr from the developed arca (lows, directly or indirectly, into Lake Worth Lagoon with little or no pretreatment r, 1 he proposed system will consist of a new piping netssork that will direct all stormwatcr to a proposed ± 3 acre detention pond located within the watershed. "Ilene pond will include influent structures with skimmers and sediment removal. 1 he open arca of the pond will serve to reduce nutrient and 130D loading to the receiving waters. Aeration devices, in the form of decorative fountains, will be included, as will littoral zone plantings. .1 he pond is sized to treat 2.0 inches of ramlall over the impervious area of the project. (I he initial 0.5 aches will be treated CAI each redeveloped site as required by the S F.W.M.D.) Cunstructiun of the pond will include removing exotic /invasive species and replanting a 25 foot wide buffer along an existing mangrove wetland Three drainage wells will be used to dispose of the treated "first flush" of stormwatcr into an underlying salt water aquifer, further minimizing the discharge of turbidity, BOD, and nutrients to Lake Worth Lagoon. 1 his project is part of the Downtuisn Watershed Master flan (available upon request). It is a pro - active approach to provide currant stonnwatcr management practice to an arca that was built without any stormwatcr pretreatment whatsoever. 111c project has been reviewed by S.F.W.M.D. staff for an Environmental Resource Permit. We anticipate permit issuance within the next 60 days. Construction will commence before the end of 1998. DEP Agreement No. SP505, Attachment A, Page 5 of 23 • Project: Downtown Watershed Regional Sturiuwatcr Facility -Page 2 of 3 2. 1Iow w il1 your project assist in the attainment of the principal goal of the Lake Worth Lagoon Management Plan i.e. the restoration /improvement of the Lake Worth Lagoon. • The project will utilize conventional, proven treatment methods to reduce thc discharge of oil, grease, floatable debris, suspended solids, 13OD, turbidity, and nutrients to Lakc Worth Lagoon. Currently, the entire watershed area drains to the Lagoon with virtually no pretreatment. The open pond system provides better aeration, nutrient reduction, and suspcndcd solids removal over a longer term. By providing detention volume for the initial two inches of rainfall over the impervious arca, freshwater discharges to the Lagoon will be reduced. Three, 24 -inch diameter , drainage wells (now in the permitting phase), will further rcducc freshwater discharges. This proposal will therefore support at least four of the objectives listed in the Lake Worth Lagoon Management Plan, namely: 1. Manage excessive freshwater inflows from nun -point sources. 2 Decrease input of suspended materials 3. Decrease input of excessive nutrients. 4. Prevent the releases of toxic substances from point and non -point sources. 1 he piping and pond system will be operated and maintained by the City's Storntwatcr Utility, which is already established and staffed with maintenance personnel and equipment. Ongoing maintcnancc will assure the long term viability of the treatment system. 3. t, UUW wilt )uu measure the success /benefits of your efforts un the Lakc Worth Lagoon. Over the near term, water quality from the pond discharge can bc compared with water quality from existing discharge pipes receiving no pretreatment. Over a longer period of time, existing sca grasses and water quality in Lake Worth Lagoon can bc surveyed and compared to pre - project conditions. This project will rcducc the nutrient and silt loading Into Lakc Worth Lagoon, thereby reducing turbidity and algae growth. The net effect will be to promote submerged aquatic plant communities within the Lagoon through increased light penetration and decreased sedimentation. Enhanced aquatic plant communities will promote fish and other desirable species. 1 he project, when constructed, will immediately enham.e and protect thc adjoining mangrove wetland to the east of the detention pond. • DEP Agreement No. SP505, Attachment A, Page 6 of 23 Project: Downtown Wntcrshcd Regional Stornlwatcr Facility Page 3 of 3 Additional Narrative/Drawings that add to the previous questions. r C i r Uwlx ) : Dw2O5 / UW 135 } ii; N 1, � 33.5 i This drawing illustrates the project ° I ' . D'WIW f �_ ba vJ urea and the anticipated layout. - i • 17 •/ • ' • / pW211, D WI45 1 �P OW091 J9 a4.I r . . Note the existing outfulls to Lakc 17I — � _ - - �� t {Vurtlt Lagoa/C16 Basin and also, ,; ; � I "£ s 2> r e.c `J the mangrove tvetlands. A ` � ' . 1r :- ' WALL "'O`'QSra , .t 1 - 6iF • p a to OUlFALL • I =J' • v 210 '►'! �; • 5 ,. - ctora ccr/cn ^ ! , L • - -• 1 '� r •. a. 1 ' M qb D'SdNAOC r' basru+o m n.rnE , r • cc cw • 1 FI "7 t ' I . 1 I 1 ,P 4.• . S IN • 2� ' I , � �� I ' 1 ' ' t I Dvnss_ 1 ill: 1, 1 V l DYf2 1 _ • i l ., , u. I:.o . 1\ . , i. .. f • r •: t . .• �, � ,, .�/. 1,..~11 `!•___�. lrA .... -.. __-__r.. "••• '7'1; 1•Yi t,• , t 1 i an/•. t OW1 S -4J /l7O r I 1. " I -1 Z _ L ; - 1' ,_:_---_/- . , ", . 7 L li �/_ 1., 1 �i _ ^, • - r , _ Mn . - - n.... •... way J Y • t ; t 1 ow .., � _G. - wV�. - Ni /. AOat ..lam ' - 1 ..•• r r -r 1 • I r 1 • •• 'ar.a .m...... + it i : 1) i r1 1 1 t I L �'li • —• 'Av. ao+c - rap - -DW225 t l . Flgvrn C C rap Drl ct & A1J.,c Proposed Condroons Modal S.,:: Certification: I certify that to the best of knowledge, all of the st tf its cunt• led in this application arc corrcct and complete. `` J 6 copies to the submitted, including Signature: / , 1 1 narked original sct to the • County Grant Coordinator ® Print Name: John A. Guidry, Director of Utilities DEP Agreement No. SP505, Attachment A, Page 7 of 23 PROJECT 3 Lake Wot tit Lagoon Partite( ship ORIGI \ A L Grant 1'ro 1'tujecl: Lake Park Marina Pumpout Facilities Applicant: Town of Lake Park Agent Mk: Brian Sullivan, Public Works Director Addtcss: 535 Park Avenue. Lake Pnrk. FL 11401 Phone: ' (561) 844 -4644 Estimated Cost of Project $ 125,00 Amount of Giant Request S 42,500 Is Funding Match Alt cad). Available Yes - Approved by voters in 1997 referendum • Pt uject Start Date (apjitox.) December 199 Cuntj►Iettun tale December 1999 • 1. In the space provided, fully describe the scope, methods and location of the proposed pat traet ship pi u jecl. The Town of Lake Park is currently involved in the design, engineenng and permitting associated with the revitalization of the Town's Municipal Marina Components of this initiative include both landside and waterside improvements The Marina, was originally constructed in the early 1960's. While it is relatively well maintained, it does not provide stale -of -the -art services for environmental protection or tor today's waterfront rnarket. The manna facility emphasizes the launching of small boats and therefore utilizes most of the site for parking of trailer and trailer tow vehicles. Permit applications are being processed by the regulatory agencies and construction is expected to begin during 1998 and be completed during 1999. The revitalization effort is to convert the Marina to more of a rnixed -use facility, promoting public access to the waterfront, creation of public open spaces and tenant services while still maintaining a more controlled launching of trailerable boats. In addition to providing improved access and amenities for residents and tenants alike, the Town of Lake Park is upgrading existing on -site facilities, to include the installation of a stormwater management system, and vessel waste collection services. Although potable water and wastewater services are provided to public restrooms on the site, the existing manna offers no holding tank pumpout facilities to vessels berthed at any of the 215 permanent or transient slips. As part of the proposed improvements, the Town proposes to install a holding tank pumpout system. The Town is seeking funds from the Lake Worth Lagoon Partnership Program that would allow the proposed pumpout system to be upgraded so that pumpout services will be available to: A) The 65 proposed slips in the marina's north basin, 13) Vessels coming to the fuel dock for temporary services and C) The eight slips in the designated transient docking area. This can be accomplished by installing pumps, constructing pumpout lines and connecting the system to the existing municipal sanitary sewer system. DEP Agreement No. SP505, Attachment A, Page 8 of 23 Project: Lake Park Marina Pumpout Facilities Page 2 of 3 2. Ilow will your project assist i►t the attainment of the principal goal of the Lakc Worth Lagoon Management Plan i.e. the restoration /in►pruvc ►ucut of the Lake Worth Lagoon. The most direct method of improving Lake Worth Lagoon is conducting projects which enhance water quality. Construction of the proposed pumpout facilities will directly benefit Lake Work Lagoon by improving water quality. This will be accomplished by reducing the occurrence of overboard discharges from vessel holding tanks. (While this has not proven to be a chronic problem at the Lake Park Marina, there has not been a routine monitoring program to measure coliform levels or other water quality parameters in the Marina). It is anticipated that use of the pumpout facilities, operating in conjunction with an improved stormwater management system, will provide a dramatic improvement to water quality in the Marina basin, which will then prevent degradation of Lake Worth Lagoon. By avoiding overboard discharges, the improvements to water quality in Lake Worth will likely also result in the increase in growth of seagrasses and otherbeneficial flora and fauna, all of which serve to improve the quality of Lake Worth. 3. llow will you measure the success /benefits of your cffuc is on the Lake Worth Lagoon. Installation of the proposed waste collection facilities as a component of the reconstructed manna facilities eliminates the need for vessels to travel to remote locations to use an existing waste pumpout. Convenience and ease of use with the new facilities will help discourage overboard discharges of holding tank waste. The Town proposes to monitor the success of the program by documenting the use of the pumpout system. Flow volumes will be recorded on a daily basis and compiled monthly during the first two years after construction of the system. Further monitoring will be considered, if there is value in the continuation of the monitoring program. (No specific monitoring plan for cotiform levels in the marina or surrounding areas is proposed. However, such monitoring can be conducted if additional Lagoon Grant Program Funds are available and the results beneficial to the implementation of the Lake Worth Lagoon Management Plan. DEP Agreement No. SP505, Attachment A, Page 9 of 23 Project: Lake Park Marina Pumpout Facilities Page 3 of 3 Additional Narrative/Drawings that add to the previous questions. COST SHARE s Total Cost Town of Lake Grant Park Requested Project Element Materials & Construction $ / V. 5 / (s) Pumpout capablrtros at all 65 slips In North 85,000 57,000/67 28,000 ! 33 Basin Pumpout at the Fuel Dock 15,000 15,000/ 100 01 0 Pumpout at eight slips for Transient dockage 25,000 10,500/42 14,500 /58 ...\ .. Pumpout for sops In South Basin Detailed plan and cost estimate not developed I , Construction to lake place during 2000 Funding , I f partnership may be sought during future the 1999-2001 ' I . M r . • grant cyde r - u. �•• ' LA"( l P.QR IN • i I• t �+ ffi1 j 1 • Tows: $ 125,000 S 02,500 / 70% $ 42,500 / 30Y. / 1 f • 1 I i-1-1 1 � / 49 i ' 'y � i --- .J1 In) r . .� � � c B I ► f"T Proposed Pumpout Services et I • . • • rI .ter w ' • i lituilluui r A. 65 slips In North Basin ;l ^'•'r • A ..... IU I le u 1 -- 11Io it ` © Fuel Dock .•:_ i� -: — 7; J�/ nlv ,,. a R!wmJ, C Transient 0ockage _ I 1 ------ 1 r let tilicaliou: 1 certify that to the best of my knowledge, all of the statements contained in this application are curt ccl and complete. 6 copies to the submitted, including Sigtlatutc -cJ 'r.• -0 1 that kcd original scut to the c j Couuly Grant Coordinator a l'►int Name: ian Sullivan Environmental Resources Fvlauagcincnt Asst. Town Mgr./ t'ublic Works Director 3373 Belvedere Ruad, Bldg. 502 Title: Public Palm Beach, FL 33406 Date: LI/301 %a , DEP Agreement No. SP505, Attachment A, Page 10 of 23 PROJECT 4 UKIUINA /, • Lake Worth Lagoon 1'artnetship L Grant Program 1'tujecl: Lake Park Stormwater Management • Applicant: Town of Lake Park AgenUhillc: Brian Sullivan, Public Works Director Ad (II css: 535 Park Avenue, Lake Park, FL 33403 Phone: (561) 844 -4644 Estimated Cost of Project $ 160,0 Amount of Grant Request S 80,000 Is Funding Match Alicady Available Yes - Approved by voters in 1997 referendum Project Start Date (apptux.) December 1998 Completion Date December 1999 1. In the space provided, fully describe the scups, methods and location of the proposed pat Wet sliip pt u jest. During 1998, The Town of Lake Park embarked on an initiative to revitalize the Town's waterfront along the Lake Worth Lagoon and adjacent downtown areas. Part of this project includes the completion of significant improvements to Kelsey Park and the Lake Park Municipal Marina. Includec in the manna improvements is the replacement of an existing drainage system which serves the marina and surrounding developed commercial lands with a state -of- the -art stormwater management system. The new system will be designed to capture and treat stormwater prior to it being discharges to Lake Worth Lagoon. This grant requests financial assistance with the construction of the proposes stormwater management improvements, The project is ongoing with preliminary design work completed and environmental permit applications submitted and pending The project directly complies with the Lake Worth Lagoon mission statemer:: by helping to restore and manage Lake Worth Lagoon Water Quality levels and improve the quality of discharges to the Lagoon. The Project also is consistent with the Town of Lake Park's Comprehensive Plan and the guidelines and conditions of the County and Town's joint NPDES stormwater permit. The Town's marina is located along the west shore of Lake Worth Lagoon approximately 3500 fee: north of the Blue Heron Bridge. The marina was constructed during the 1960's and the management and treatment of stormwater from the marina facility and surrounding properties has been nonexistence Runoff from the manna site itself (which consists primarily of parking lot) drains into the marina basin and then into Lake Worth Lagoon. If approved, grant funds would also allow the Town of Lake Park to construct flushing connections an a system that will allow floating debris to be removed from the marina basin. Together, these. improvements will remove a large portion of pollutants historically entering Lake Worth from the marina. DEP Agreement No. SP505, Attachment A, Page 11 of 23 Pi iojccl: Lake Park Stormwater Management Page 2 of 3 2. flow will your project assist in the attainment of the pi incipal goal of the Lake Worth Lagoon Management Plan i.c. the t csturation /in►p► uve►ncnt of the Lakc Worth Lagoon. • Upon installation of the proposed facilities, immediate improvement to the quality of stormwater being discharged to the Lake Worth Lagoon will be realized. This will result from the diversion of runoff to treatment areas. The treatment of runoff and capture of suspended sediments flowing to the Lagoon will help provide measurable and significant improvements to the Lagoon's water and sediment quality as outlined in the Lagoon Management Plan Mission Statement. Redevelopment of the City Marina and Kelsey Park sites will improve public access to the Lagoon waterfront helping maximize the use of the existing public amenities on the Lagoon and increasing the opportunity for development of public awareness programs to protect the Lagoon. Both of these project sites may be used by the Town of Lake Park and other entities to promote proper management of the Lagoon's resources. • t i 3. llow will you rucasur c the success /benefits of your efforts on the Lakc Worth Lagoon. Considerable research has been completed since the ratification of the Clean Water Act demonstrating the benefits associated with capturing and treating storrwater runoff prior to discharge to a receiving body. The South Florida Water Management District and the Honda Department of Environmental Protection have both performed numerous studies reaffirming this benefit in Southeast Florida. Conversion of the existing marina drainage system to a water management system will reduce pollutant Toads to the Lake Worth Lagoon. The Town of Lake Park's public works staff will manage the stormwater management system, collecting and removing captured pollutants, floatables, etc., on a regular basis to help prevent these materials from being discharged to the Lagoon. A log of maintenance efforts including quantity estimate of pollutants removed when cleaning trash racks will be kept to document the benefits of the system. (Additionally, the Town of Lake Park proposes to complete a semiannual survey of seagrass communities adjacent the marina site to assess the quantitative and qualitative effects on the existing seagrass beds). It should be noted that there are numerous secondary benefits which. will result from the proposed marina improvement project, such as enhanced public access, increased public awareness through signage of Lagoon issues such as the importance of various habitat types, endangered species, disbursement of public information pamphlets, etc. Both the marina and the park facilities are being promoted as cornerstones to the Town of Lake Park's downtown revitalization DEP Agreement No. SP505, Attachment A, Page 12 of 23 t Project: Lake Park Siormwater Management l'agc 3 of 3 Additional Narrative /Drawings that add to the pi eviuus questions. ' Cost Estimate a Proposed Stormwater Basin layout • • ; \ -?:'''>'%..,,,,./ 1 •• Lake Park Marina �Vr .. . / . 4. .. , • ✓J ' M • 7. Water Management S7atem y • f • • • } f>✓ f �/-• Item Ow UnM. U.. P.4• 7.e•eu •' Yti ii< y 1 � . A, .,, a.10divaian 1 D.na0 a.I.on 1 EA 10 000 00 10 000 0: • r Aat.. Insance 130.0s 1 EA ♦00000 . 0000[ — EJO•atan (Dettnta Areas) / 1 715 CY 500 i j � / j 7 290 C Y 600 1.700 OC • 3 ta0 CY 6 00 vooc . too CY a oo OCa o: _ • .t� _ 3 SM CY a o0 1 070 V: i i A a too CY a 03 600 Cr. 7 300 CY 603 1 620 C.C. r ✓ 1 _ RCP t * / .. - BA s t 2 6 too CY 5 0.3 600 CC """ // �_ PO * tnstanabon a 1— � // i . _ on .- o tF 50 q M55 0 - l 7 / � J _ 2•24'PCP 70 15 1 1200 1i00' // 3- Ia'RCP 75 I.F Sow 1250 0 & :' I, _ //� a • 2e RCP 35 if 50 00 7 750 O: I, • t • / / %i/ . S • 2.' RCP oo ti So 00 . WC a � J a• 71aCP ?es *5 50 CO 13200« 11 7.36' 65 LF 7500 6 315 0 ,'• • - • 0 • 8 - 71' RCP 60 lr 50 CO 4 000 0 M qa� WK., 60• RCP 210 LF 170 00 7500 �� P ,Fe Caton Garant,ns 11 EA 7000 00 77 000 0 `, Pq Uan to BgtaneN 4 EA 1.500 00 6 000 L 4 ;M: 500 5500 SY 150 6)50 U ` � � i ` P v P ent R mo,et a C1, AN c) 506 Fj. ;q 00 S MO G 1 h I ` 1[EiLL+G_ Pavement Remo. at l Oa BAN 5500 CY 00 5 5C0 G 'I SR \� sVn•e M 102 .037 i � ConingencY 1 l : 70. 70 655 c \ - L . ____.-- Certification: 1 cci ti fy that to the Lest of my knowledge, all of the statements contained in this application are curl ect and complete. / n 6 copies to the submitted, including Signature: vt-f / C.4 -1 l.! -((/ n� 1 marked original sent to the C-/ County Grant Cow dinator @ 1'► int Name: Irian Sull ivan Environmental ltcsuurces Pelattagen►cut 3323 Belvedere 'toad, Bldg. 502 Title: Public Works Director \Vest 1'atut Beach, FL 33406 Date: i/ax79(Y DEP Agreement No. SPS05, Attachment A, Page 13 of 23 PROJECT 5 O RIGINAL Lake Worth Lagoon Partnership Grant Program Project: Port of Palm Beach Master Drainage Plan Improvements Applicant: Port of Palm Beach Agent/Title: Edward Oppel, Executive Director Address: ' 4 East Port Road, PO Box 9935, Riviera Beach, FL 33419 Phone: (561) 842 -4201 Estimated Cost of Project $600,000.00 Amount of Grant Request $300,000.00 • is Funding Match Already Available: YES Project Start Date (approx.) 2/99 Completion Date : 1st Phase 8/99 on -qoinq 12/2001 1. In the space provided, fully describe the scope, methods and location of the proposed partnership project. .+ Th Port of Palm Beach is located in Palm Beach County on the western shore of the Lake Worth Lagoon in the City of Riviera Beach, Florida. The total acreage of the Port is approximately 124.9 acres. The Port of Palm Beach is presently enhancing Port operations via a Capital Projects Expansion Program as approved by the Port's Master Plan. Within the next two years, four major components will be constructed on the Port's property. The four projects are: (1) the on -going construction of the Skypass Bndge which is the elevation of U S. Highway #1 to allow a greater movement of cargo throughout the Port and will also allow uninterrupted vehicular traffic flow, (2) the 90,000 square foot Cruise Terminal and new manlime office building improvements, (3) construction of Slip #3 which will allow for the expansion of both cruise and cargo operations; (4) and rail improvements. The Port has engaged the service of Shalloway, Foy, Rayman & Newell, Inc. to develop a Comprehensive Master Drainage Plan in conjunction with construction development at the Port As a condition to the Skypass Project permit, the Florida Department of Environmental Protection (FDEP), has required water quality and quantity treatment of stormwater runoff meet current stomiwater drainage criteria. The construction of retention areas, exfiltrat►on trenches, oiUwater separators and weirs will improve the quality of water discharging into the Lake Worth Lagoon. These enhancements will also reduce the quantity of water discharging into the Lagoon. , The development of the Master Drainage Plan will identify a priority list of improvements that will be scheduled for construction over the next several years. The type of treatment will vary based on the analysis of the stormwater discharged from identified areas of the Port The water quality- monitoring program will allow for the analysis of the improvements and measure their effectiveness. The funds from this grant program will be spent on the construction of water quality treatment systems and follow -up monitoring. DEP Agreement No. SP505, Attachment A, Page 14 of 23 Project: Port of Palm Beach Master Drainage Plan Improvements Page 2 of 3 2. How will your project assist in the attainment of the principal goal of the Lake Worth Lagoon Management Plan? (i.e., the restoration /improvement of the Lake Worth Lagoon). The Lake Worth Management Plan, dated Apnl 1998, identifies three goals as areas of concem. (1) Water and Sediment Quality; (2) Habitat, and (3) Interagency Management These areas are addressed through the design, permitting and implementation of the Port of Palm Beach's Master Drainage Plan. Water and Sediment Quality Issues: The first goal of attaining and maintaining sufficient water quality to sustain a healthy estuanne ecosystem is being addressed by the governmental mandated requirements of the construction of water quality systems that meet or exceed current water quality standards. Water quality criteria will be met by constructing systems designed to remove sediments, oils and greases, floating debris and other organic compounds. Habitat Issues: The second goal of attaining and maintaining biological integrity of the ecosystem will be addressed by the governmental methods being used in addressing the water quality issues above. Less pollutants being introduced going into the system equates to a higher water quality and hence an improvement to the fish and wildlife habitat `'interagency Management Issues: Goal number three is also met by the implementation of the Port's Master Drainage Plan. The Master Plan will be reviewed by the City of Riviera Beach, City of West Palm Beach, Palm Beach County, South Florida Water Management Distnct, The Treasure Coast Regional Planning Department and the Florida Department of Environmental Protection Once the Master Drainage Plan is accepted, the Port will be required to obtain individual permits through the Flonda Department of Environmental Protection. Upon permit issuance, the improvements will be implemented in a timely manner. 3. How will you measure the success /benefits of your efforts on the Lake Worth Lagoon? The Port of Palm Beach has a majonty of its industrial type property discharging stormwater runoff directly into the Lake Worth Lagoon. All on -going and future projects as well as other selected discharge sources will be addressed in the next several years using the proposed Master Drainage Plan that is currently being implemented as a guide. Proven systems that remove sediments and pollutants currently discharging into the Lagoon will be constructed. A water quality- monitoring program will be implemented to directly measure the reduction of pollutants in the discharge. With these improvements to the Port's drainage systems the benefits will have positive impacts on the Lake Worth Lagoon. DEP Agreement No. SP505, Attachment A, Page 15 of 23 Project: Port of Palm Beach Master Drainage Plan Improvements Page 3 of 3 Additional NarrativelDrawings that add to the previous questions. For many years, there were no significant expansions or changes to the Port Recognizing that there are other projects that will be built in the near future, the Flonda Department of Environmental Protection (FDEP) is requiring that the Port address the water quality issues associated with these improvements. As a Special Condition (Condition No. #3) to the Skypass Project's FDEP Permit (No. 50- 131286 -001) the Port of Palm Beach is to prepare a Master Drainage Plan. Condition #3 states: The Stormwater Master Drainage Plan reflects the existing stormwater system and treatment facilities, land uses both existing and proposed, a plan address the retrofitting of the existing and any proposed new facilities, water quality monitoring, potential funding sources for water quality improvements and recommendations. The goal of the Master Plan is to establish a comprehensive long -term plan so that in the future development of the Port facilities can be accomplished in a manner that will meet or exceed water quality standards in a well - defined and organized method. As new projects come on -line the Master Drainage Plan will be the "Guide" to ' designing and implementing the stormwater system for that project The goal of the Master Drainage Plan is very similar to the Lake Worth Lagoon Management Plan mission statement and goals. The relationship between water quality, enhanced habitat and interagency management will be brought together by the Port of Palm Beach's implementation of the Master Drainage Plan Matching funds are available for these stormwater improvements through the Port of Palm Beach issuance of tax - exempt parity debt bond issue or tax exempt notes or Port reserves Certification I certify that to the best of my knowledge, all of the statements contained in this application are correct and complete. 6 copies to the submitted, including Signatu Il r„ �4/' I.•. . - ' 1 marked original sent to the County Grant Coordinator @ Print Name: e'dw�t R . o Ply el Environmental Resources Management 3323 Belvedere Road, Bldg. 502 Title: Cxv c.r v Q- - o r 4- t7 t West Palm Beach, FL 33406 Date: 1 , t or 9 & DEP Agreement No. SP505, Attachment A, Page 16 of 23 PROJECT 6 ORIGINAL Lal.c Worth Lagoon Partnership Grant Pt ()grant Project: l lie Renaissance Project Phase I — Treatment and Diversion Applicant: 1 he City of West Palm Beach Public Utilities Department Agent/I itle: Courtney F. Sadler, Project Specialist Address: P 0 I3ox 3506, West Palm Beach, Florida 33402 -3506 Plume: (561) 659 -8085 Estimated Cost of Project S 51,666,628 Amount of Grant Request S 300,000 is Funding \latch Already Mailable Yes Project Start Date (approx.) January 1999 Completion Date May 1999 1. hi the space prim tdcd, fully disci ibe the scope, methods and location of the proposed partnership project. .1 he Renaissance Project a Ju integrated water resource management plan for diverting runoff from a 375 -acre urban vatershed and conveying the water through a settling basin and «ctlands eventually to become part of the City's potable v.ater supply. It is a model for regional sustatnabiltty of water resources while enhancing the ei uotune 'Ilic Renaissance Project (Project) has been developed with the combined expertise of City staff, local engineering consultants and otter governmental agencies, including die United States Environmental Protection Agency (CPA), the Army Chips of Engineers (ACOE), the Florida Department of environmental Protection (DLI') and the South Florida Water Nlanagcntent District (SFWMD) the Project also embodies the principles of the GUN crnur's Commission cur a Sustainable South Florida's Eastvard Ilo! Initiative to encourage wfill d«cloptnent along the East Coast. Once implemented, the Project will. • Reduce damaging fteshnvaler "slugs" and pollutant load impacts to the Lake Wortlt Lagoon by diccrung storm '. atcr tluough a ucatinent process to a storage cell, ♦ Convert the captured runoff into raw water supply, ♦ Provide increased !loud protection to low -lying areas within the inner city of West Palm Beach, and • Fulfill water quality and quantity and dry pretreatment requirements for the upcoming CityPlace de%clopntent and the Palm Ucach County Convention Center. Phase 1 of the Project consuls of an upstream diversion and treatment facility to redirect sturnivater that %could othem ise be discharged tutu the Lagoon into Clear Lake and other holding areas to be developed in future phases of the Renaissance Project; instead, die water will be recycled to meet both environmental and urban demands. The construction project is a joint venture between the City, County, the Kravis Center and the proposed CnyPlace deLelopntcnt that to divert and treat excess water quantity using the highly permeable souls of the coastal ridge to recharge the surficial aquifer, offsetting the effects of salt water intrusion. Phase 1 will implement the facilities necessary to pretreat the first %3 inch of runoff through dry retention. Required capital improvements include the installation of a pipeline, two CON /SPANS and a 35 foot -weir tit the median of Okeechobee Boulevard to convey water cast to west. The v atcr will then be dttected to a pump station where chemical treatment begins, then through a settling basin and a 5 -acre polishing wetland. Overall, Phase l will provide detention and storage of over 79,000 cubic feet of runoff. SFW \1D has issued both a conceptual permit for the entire Renaissance Project and a construction permit for the Cttyl'lace development. DEP Agreement No. SP505, Attachment A, Page 17 of 23 P1 ujct.1: I Iii Renaissance l't oject Phase I —'I t c.ttntent and 1)i% el siwt Page 2 ul 3 2. 11011 w ill ) our prujct.,l assist in the attainment of the principal goal of the Luke Worth Lagoon Management Plan i.c. the restoration /improlcniett of the Lake Worth Lagoon. the Project will ameliorate freshwater "slugs" and pollutant loads to the Lake Worth Lagoon by diverting untreated stornnlatcr runoff away from the C -51 drainage basin, this will help restore the Lagoon to a healthy, i naerophyte- based estuarine ecosystem By curtailing sturmwater discharges into the Lagoon, the Project will reduce mass loadings, sedimentation, nutrient loading, toxic substances and pathogens. Additionally, the Project will reduce the peak discharge rate to help linut freshwater "slugs" to the Lagoon, thereby minimizing undesirable salinity fluctuations. Finally, the project also serves as a model to other tnuniLIp.littes for integrated water management. .3. lion will you iue sui c the suLLcss /bcnctits of your efforts on the Lake \ Vurtlt Lagoon. 11te City will be able to quantify the pollution reduction to the Lagoon by monitoring the quality and quantity of water di. erted through the CON /SPANS and the whole of the Renaissance Project by caluilating flow and head reductions and comparing that data t0 histoileal discharges into the Lagoon. Water quantity will be recorded and water quality samples will be taken at the discharge location(s) of the Water I\tanagcnrent System during periods of discharge Water quality samples will be taken immediately upstream of the pump station, the settling basin spillway and the water supply pump 1 nos monitoring plan w ill be followed for a one -year period, and then le- evaluated to optimize sampling prutueal Parameters to be obtained on a daily and weekly basis will be sampled by the certified City laboratory for all listed parameters (with the exception of 130D and Oils and Greases) Parameters to be obtained on a monthly and semi- annual base. i(as well as 130D and Oils and Greases) will be sampled and analyzed by a laboratory certified by Florida DEP 'and/or 111tS. Senn - annual reports shall be prepared, Including test results, the DEP /I IRS certified lab number, S \V1Iv1D permit number, sample location and Iluw wnditons. Ilse follow mg parameters will be sampled on a Samples will be analyzed on a monthly basis for the daily basis parJttleteis listed below" PJtaincters , \Ital1 zed Units Pal antetei Analyzed (lots pl1 (!Lange >6 0 <t 5) Standuid AtillnUltia as N ing /I Dissolved Oxygen nib /l Nitrite and Nitrate as ntg/1 1 urbidity utu Total K3edahl Nitrogen ing /I 1 utal Dissolved Solids (IDS) nlg /I Dotal Phosphorus as I' nig /I I ecal Culifurnls nnf /10011i1 Aluminum ug/I total Culifurnls ntf /100i111 Arsenic, total ug/I Cadmium ug/1 lltc following parameters will be sampled oil a Chromium ug/1 weekly basis Copper ug/1 Parameters Analyzed Units Iron ug /I Conductivity, Field umdios lent Lead ug/I Water Temperature degrees C Selenium ug/I Alkalinity nib /1 Zinc ug/I Biochemical Oxygen Demand (130D) tug /1 Chlorides ing /I Samples will be analyzed tin a sent- annual basis Hardness ing/1 (dry and wet screening, minimum two inch rainfall) Oil and Grease ing /I for Organuchloride 1'esticides,(8081A), Chlortdatcd lotat Suspended Solids ('ISS) mg /1 Herbicides (8151A), 1'urgcable Ilalocarbons (601) and Volatile Organic Compounds (602). DEP Agreement No. SP505, Attachment A, Page 18 of 23 • l'rujett: •1 he Itcii.iiss:rnic l''ojtit Phase 1 —'treatment and I)netslim Page 3 of 3 Additional Narratise /Ur ansings that add to the pro ions questions. - In addition to reducing the City's discharges into the Lake Worth Lagoon, the Project will also. • Increase We City's ss atcr supply by utilizing the captured storm water and recycling captured seepage ssatcr, • Augment regional ssater supply to potentially save inure than 700 million gallons of water per year, and • Pros ide more ssater for Lseglades Restoration by decreasing the demand for water Crum Lake OkeeLhubee. I�r '° ti f `I" 8.',r' MO • fratr �lgrs^Sri ! a a `` 4 Renaissance Project K.. ..r.:'--i •: fir; 1: •:'.V ITV City s `,• j S ` r Place Phase 1 1 Construction S '"'--\ c - „, A 1 - -- - \ i / ------ i / _ , LJ L______I 1 JUL_ _ I 7r RCP I ilenSPAris , ,��•9 RCP ...0.—. �• rr — T J ,,• / .L C va ,� ■ - II. RO 6P RCP 1. n __.. I 1 _.______ li r _ r Certification: 1 certify that to the best of my knoll ledge, all of the statements contained in this application are correct and complete. b topics to the submitted, including _ ./ � 1 marled original sent to the Signature: / �_� K Count) Grant Coordinator U • Print Name: Court' •v F. Sadler Eusirunnncntrl Resources Management 3323 Ilcl%edcrc Road, Bldg. 5U2 Title: Project Specialist West Palm Reach, FL 33406 Date: October 1, 1998 DEP Agreement No. SP505, Attachment A, Page 19 of 23 PROJECT 7 ORIGINAL Lake Worth Lagoon Partnership Grant Program . Project: Peanut Island Environmental Restoration Applicant: Palm Beach County Board of County Commissioners Agent/Title: Richard E. Walesky, Director. PBC Environmental Resources Mgmt. Address:. 3323 Belvedere Road, Building 502, West Palm Beach, FL 33406 Phone: (5611233-2400 Estimated Cost of Project $1.693.765 Amount of Grant Request $250,000 Is Funding Match Already Available The project is being processed to receive Federal funding through the U S. Army Corps of Engineers Section 1135 WRDA Project Start Date (approx.) April, 1999 Completion Date April, 2000 1. Describe the scope, methods and location of the proposed partnership project: The Peanut Island Environmental Restoration Project will provide key habitat for fish, invertebrates and wildlife through the restoration and creation of habitat on a spoil island. Originally, the area occupied by Peanut Island was a submerged shallow -water habitat; however, as a result of fill placement from numerous dredging projects, the area consists of a 79 acre spoil island infested with exotic vegetation (primarily Australian pine and Brazilian pepper), rendering the majority of the island inaccessible. The environmental restoration plan calls for creation and restoration of wetland and upland habitats on Peanut Island, which is ideally situated in Lake Worth Lagoon in proximity to the Lake Worth Inlet. Island restoration efforts include the following: • Clear and chip 17+ acres of exotic vegetation to create upland and wetland • Relocate 86,300 cubic yards of dredged material deposits for wetland creation • Reduce elevations to wetland grades in order to: • Create a 1.0 acre shallow -water reef habitat • Create 2.0 acres of shallow -water lagoon habitat • Restore 3.0 acres of existing mangrove habitat through the creation of 1. 5 acres of inlet, tidal pond and flushing channels • Create 7.7 acres of upland maritime hammock • Create 2.2 acres transitional zone to augment wetland and upland habitats. The project will provide a unique habitat for fisheries and wildlife, while interfacing with the island's principle function as a continued disposal site and recreational area. DEP Agreement No. SP505, Attachment A, Page 20 of 23 Project: Peanut Island Environmental Restoration Page 2 of 3 ' 2. How will your project assist in the attainment of the principal goal of the Lake Worth Lagoon Management Plan i.e. the restoration of the Lake Worth Lagoon. Environmental restoration of Peanut Island will provide considerable upland and wetland habitat that is critical to the support and proliferation of local fisheries and wildlife, which will benefit the imperiled Lake Worth Lagoon estuarine system. The Peanut Island Environmental Restoration Project elements are in direct agreement with the goals of the Lake Worth Lagoon Management Plan and FDEP's Ecosystem Management Area Plan for the Lake Worth Lagoon, which include improving the lagoon's water and sediment quality and providing habitat for native plants, fish and wildlife, while providing aesthetic, recreational and economic benefits for the residents and visitors of Palm Beach County. A 1990 study, Lake Worth Lagoon Natural Resources Inventory and Resource Enhancement Study, performed by ERM rated Peanut Island as a high priority site for restoration (Dames and Moore, 1990) due to its location on public lands and the owners' willingness to cooperate in restoration efforts on the island. The Toss of, and impacts to mangrove, seagrass and upland habitats in the Lake Worth Lagoon is well documented. In a system that has lost much habitat to development, the ecological benefits to be realized from restoring and creating additional wetland and upland habitats, is significant. 3. How will you measure the success /benefits of your efforts on the Lake Worth Lagoon. The project will be monitored on a quarterly basis for plant survival and replacement of plant species to maintain required species numbers as dictated by permit requirements. Photo monitoring and survey transacts /plots will be utilized to determine plant survival rates and recruitment of additional native (wetland and upland) plant species. Each habitat will be evaluated individually and as it relates and contributes to the Lake Worth Lagoon system as a whole. The habitats to be evaluated include: • Shallow -water reef (species recruitment and fish /invert. utilization) • Shallow -water lagoon (species recruitment and fish /invert. utilization) • Mangrove system and flushing components (species recruitment/utilization) • Maritime hammock and transitional vegetative zone (plant survival /species utiliz.) Fish and wildlife utilization of the habitats is an integral element to measuring project success. Species utilization will be documented by species survey and photo monitoring in upland areas. Seine nets and benthic cores will be utilized to determine fish and invertebrate utilization within tidal channels, pond and lagoons. Surveys to determine species utilization of the shallow -water reef habitat will be conducted with divers utilizing the current fish monitoring methodology. DEP Agreement No. SP505, Attachment A, Page 21 of 23 ATTACHMENT B Comptroller Contract Payment Requirements Department of Banking and Finance, Bureau of Auditing Manual (10/07/97) Cost Reimbursement Contracts Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.) Supporting documentation must be provided for each amount for which reimbursement is being claimed indicating that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved contract budget should be reimbursed Listed below are examples of types of documentation representing the minimum requirements. (1) Salaries: A payroll register or similar documentation should be submitted. The payroll register ' should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. (2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee (e g , insurance premiums paid). If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. (3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which includes submission of the claim on the approved State travel voucher or electronic means. (4) Other direct costs: Reimbursement will be made based on paid invoices /receipts If nonexpendable property is purchased using State funds, the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with Department of Management Services Rule 60A- 1.017, Florida Administrative Code, regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the State. (5) In -house charges. Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable. (6) Indirect costs If the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown. Pursuant to 216.346, Florida Statutes, a contract between state agencies including any contract involving the State University system or the State Community College system, the agency receiving the contract or grant moneys shall charge no more than 5 percent of the total cost of the contract or grant for overhead or indirect cost or any other cost not required for the payment of direct costs. DEP Agreement No. SP505, Attachment B, Page 1 of 1 • ATTACHMENT C RULES OF THE AUDITOR GENERAL CHAPTER 10.600 AUDITS OF STATE GRANTS AND AIDS APPROPRIATIONS UNDER SECTION 216.349, FLORIDA STATUTES EFFECTIVE 9 -30 -97 DEP Contract No. SP505, Attachment C, Page 1 of 5 RULES OF THE AUDITOR GENERAL CHAPTER 10.600 TABLE OF CONTENTS Rule Section No. Description Pape PREFACE TO RULES 2 10.610 DEFINITIONS 3 10.620 AUDIT REQUIREMENTS 4 10.630 EFFECTIVE DATE 4 APPENDIX 5 PREFACE TO RULES Section 216.349, Florida Statutes, imposes audit requirements on recipients of grants and aids appropriations from State agencies. The grants and aids appropriations referred to in Section 216.349, Florida Statutes, are those designated as "grants and aids" in a Florida appropriations act. The beginning point of any audit required by this section of law should be a determination of which State moneys received by the auditee are grants and aids appropriations as described above. The Auditor General has no authority or responsibility to determine which grants and aids are covered by this section of the Florida Statutes. Because of responsibilities assigned to the administering State agency and the Comptroller of the State of Florida, either or both should be able to assist the auditee in determining which grants and aids come under Section 216.349, Florida Statutes. The administering State agency should also be consulted regarding any specific form requirements for the required report and schedule. These rules apply only to grants made by State agencies from appropriations designated as "grants and aids" in a Florida appropriations act. These rules do not apply to grants made from sources of money other than those designated as "grants and aids" in a Florida appropriations act. There may be occasions when State grants and aids appropriations moneys received from a State agency include Federal moneys. Certain changes to these rules have been made to assist State agency Federal award pass- through recipients in their effort to implement new Federal requirements (i.e., Single Audit Amendments of 1996 and revised OMB Circular A -133) while still complying with the Section 216.349, Florida Statutes, requirements. The most significant change to these rules is the requirement that the auditor conduct an examination in accordance with AICPA attestation standards and issue an examination attestation report addressing compliance with the grant requirements. Since the primary objective of a Section 216.349, Florida Statutes, audit is to determine the recipient' s compliance with the grant provisions (including a determination of whether the grant funds were used for authorized purposes), an examination conducted in accordance with AICPA attestation standards should be sufficient to meet this objective. AICPA attestation standards are not significantly different from AICPA auditing standards and the level of audit work necessary to meet this objective would not vary significantly whether done as part of an audit or as part of an attestation engagement. An examination done in accordance with AICPA DEP Contract No. SP505, Attachment C, Page 2 of 5 attestation standards provides a high level of assurance (i.e., an opinion) and should satisfy the monitoring needs of pass- through Federal award recipients. Examinations intended to satisfy such monitoring needs would be limited to the five types of compliance requirements specified in OMB Circular A -133 for limited scope audits. Another advantage of an examination conducted in accordance with AICPA attestation standards is that the auditor' s examination attestation report is essentially the same regardless of whether or not the grants and aids recipient is a local government, not - for - profit or for - profit organization, or had a financial statement audit. The use of the same report to satisfy applicable Federal subrecipient monitoring requirements and /or State grants and aids appropriations audit requirements should ease administrative burdens imposed on State agencies. The basis for determining which Federal award recipients are required to have a Federal single audit (i.e., amount of Federal awards expended) differs from the basis for determining which grants and aids recipients are required to provide for an audit pursuant to Section 216.349, Florida Statutes (i.e., the amount of grants and aids moneys received). Accordingly, Federal award recipients required to provide for an audit pursuant to the Federal Single Audit Act must prepare a schedule of expenditures of Federal awards whereas State grants and aids recipients required to provide for an audit pursuant to Section 216.349, Florida Statutes, must prepare a schedule of State financial assistance. Because information required for a schedule of expenditures of Federal awards differs from that required for a schedule of State financial assistance, State grants and aids moneys that involve Federal awards will have to be included on the schedule of expenditures of Federal awards (when that schedule is required pursuant to the Federal Single Audit Act) and on the schedule of State financial assistance. The schedule of State financial assistance should be footnoted to indicate the extent of duplication of moneys on the two schedules. The auditor must determine from the grant agreement and /or inquiries with the granting agency the level or amount of testing necessary to report on whether or not the expenditures of the grants were in accordance with all legal and regulatory requirements and that the funds were not used for the purpose of lobbying the Legislature, the judicial branch, or a State agency. Nothing in these rules precludes the auditor from testing grant moneys for both Federal and State requirements at the same time. However, as stated earlier, these rules do require a schedule of State financial assistance and the auditor' s examination attestation report should refer specifically to the schedule of State financial assistance. The schedule of State financial assistance should clearly distinguish State grants and aids moneys from other State financial assistance. Nothing contained in these rules precludes a State granting agency from imposing requirements that are in addition to those specified in these rules. History New 06 -30-93 Amended 06- 30-94, 06- 30-95, 09 -30-97 10.610 DEFINITIONS (1) As used in these Rules, the term: (a) "Local governmental entity" means a county agency, municipality, or special district or any other entity (other than a district school board or community college), however styled, that independently exercises any type of govemmental function. (b) "Nonprofit organization" means any organization which meets the definition of a not -for- profit organization provided in Financial Accounting Standards Board Statement 116, Appendix D. (c) "For- profit organization" means any organization which is not a governmental entity or a nonprofit organization. General Authority and Law Implemented - Section 11 45, Flonda Statutes, and Section 216.349, Florida Statutes History New 06 -30 -92 Amended 06- 30 -93, 06- 30-94, 06- 30 -95, 09 -30-97 DEP Contract No. SP505, Attachment C, Page 3 of 5 10.620 AUDIT REQUIREMENTS (1) When an audit is required pursuant to Section 216.349, Florida Statutes, the audit shall be an examination conducted in accordance with attestation standards promulgated by the American Institute of Certified Public Accountants. Grantor State agencies may also impose additional requirements. (2) The report produced in compliance with Section 216.349, Florida Statutes, shall contain a schedule of State financial assistance which meets the requirements of the granting agency(s) and a written report which includes an opinion on management' s assertion about the entity' s compliance with grant requirements. Additionally, the report should refer to the schedule of State financial assistance and should indicate whether, in the auditor' s opinion, the applicable management assertions are fairly stated in all material respects. General Authority and Law Implemented - Section 11 45, Flonda Statutes, and Section 216 349, Florida Statutes History New 06 -30-92 Amended 06- 30 -93, 06- 30-94, 06- 30 -95, 09 -30-97 10.630 EFFECTIVE DATE These Rules, as amended, shall take effect September 30, 1997, and are applicable to audits for fiscal years ending September 30, 1997, and thereafter. General Authority and Law Implemented - Section 11 45, Florida Statutes, and Section 216 349, Flonda Statutes History New 06 -30-92 Amended 06- 30-93, 06- 30-94, 06- 30-95, 09- 30-96, 09- 30-97. Renumbered 09 -30 -97 (formerly 10 640) DEP Contract No. SP505, Attachment C, Page 4 of 5 OER OF COVERAGE 1999 Certificate Holder Adm',rti ator Issue Date 5/25/99 NT PALM BEACH COUNTY DEPARTMENT OF �1 League of Cities, Inc. ENVIRONMENTAL RESOURCES MANAGEMENT Public Risk Services , , ; , -' (7 3323 BELVEDERE ROAD, BLDG.502 P.O. Box 530065 *' Orlando, Florida 32853 -0065 - WEST PALM BEACH, FL 33406 -1548 C+ , LI Lc I:'.'t•.it' ''1� .),(\ COVERAGES " ~r THIS IS TO CERTIFY THAT THE AGREEMENT BELOW HAS BEEN ISSUE° TO THE DESIGNATED MEMBER F09 THE COVERAGE PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE COVERAGE AFFORDED BY THE AGREEMENT DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH AGREEMENT COVERAGE PROVIDED BY • FLORIDA MUNICIPAL INSURANCE TRUST AGREEMENT NUMBER: FMIT 55 COVERAGE PERIOD: FROM 10/1/98 COVERAGE PERIOD: TO 9/30/99 12.00 Midnight Standard Time TYPE OF COVERAGE - LIABILITY TYPE OF COVERAGE - PROPERTY General Liability ❑ Buildings ❑ Miscellaneous Comprehensive General Liability, Bodily Injury, Property Damage and ❑ Basic Form ❑Inland Marine ® P Y. Y 1 Y• P Y 9 Personal Injury ❑ Special Form ❑ Electronic Data Processing ® Errors and Omissions Liability ❑ Personal Property ❑ Bond ® Supplemental Employment Practice ❑ Basic Form ❑ ® Employee Benefits Program Administration Liability ❑ Special Form ® Medical Attendants' /Medical Directors' Malpractice Liability ❑ Agreed Amount ® Broad Form Property Damage ❑ Deductible N/A ® Law Enforcement Liability ❑ Coinsurance N/A ® Underground, Explosion & Collapse Hazard ❑ Blanket ❑ Specific Limits of Liability ❑ Replacement Cost ` Combined Single Limit ❑ Actual Cash Value Deductible N/A Limits of Liability on File with Administrator Automobile Liability ❑ All owned Autos (Private Passenger) TYPE OF COVERAGE - WORKERS' COMPENSATION ❑ All owned Autos (Other than Private Passenger) ❑ Hired Autos ❑ Statutory Workers' Compensation ❑ Non -Owned Autos ❑ Employers Liability $1,000,000 Each Accident 51,000,000 By Disease S1,000,000 Aggregate By Disease Limits of Liability ` Combined Single Limit ❑ Deductible N/A Deductible N/A ❑ Automobile /Equipment - Deductible ❑ Physical Damage N/A - Comprehensive - Auto N/A - Collision - Auto N/A - Miscellaneous Equipment Other • The limit of liability is $5,000,000 (combined single limit) bodily injury and /or property damage each occurrence in excess of a self - insured retention of S 100,000. This limit is solely for any liability resulting from entry of a claims bill pursuant to Section 768.28 (5) Florida Statutes or liability imposed pursuant to Federal Law or actions outside the State of Florida Description of Operations /Locations /Vehicles /Special Items Re• Downtown Stormwater Improvement Project, Lagoon Grant. Palm Beach County is hereby added as an additional insured, as respects the member's liability for the above described item THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE AGREEMENT ABOVE DESIGNATED MEMBER CANCELLATIONS SHOULD ANY PART OF THE ABOVE DESCRIBED AGREEMENT BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED ABOVE, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE RISK MANAGEMENT PROGRAM, lit AGENTS OR REPRESENTATIVES CITY OF BOYNTON BEACH 100 EAST BOYNTON BEACH BLVD BOYNTON BEACH, FL 33425 � AUTHORIZED REPRESENTATIVE FMIT -CERT (10/961