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R04-166 RESOLUTION NO. R04- I{~:~ A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY AND THE CITY OF BOYNTON BEACH TO ASSIST IN THE REMOVAL OF INVASIVE NON-NATIVE VEGETATION IN THE LEISUREVILLE/WOOLBRIGHT PLACE PARK SITE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Palm Beach County Board of Commissioners has established and funded a grant program to financially assist municipalities and other public agencies with the removal of invasive nonnative vegetation from publicly owned lands; and WHEREAS, the City's Recreation and Parks Department has been awarded a $5,000 grant to remove invasive non-native plant species at Leisureville/Woolbright Place park site. NOW, 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, upon recommendation of staff, hereby authorizes and directs the City Manager to execute an Interlocal Agreement between Palm Beach County and City of Boynton Beach, providing for assistance in removal of invasive non-native vegetation in the Leisureville/Woolbright Place park site, which Agreement is attached hereto as Exhibit "A". Section 2. That this Resolution shall become effective immediately upon passage. S:\CA\RESOLAgreements\lnterlocals\lnterlocal Agreement PBC -Nonnative Vegetation.doc INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY AND CITY OF BOYNTON BEACH, FLORIDA DISTRICT 3 This Interlocal Agreement (hereinafter "Agreement") is made the o~ t day of ,~{O'l-- ,200~_, between the City of Boynton Beach, a municipality located in Palm Beach County, Florida (hereinafter "Grantee") and Palm Beach County, a political subdivision of the State of Florida, (hereinafter "County"), each one constituting a public agency as defined in Part I of Chapter 163, Florida Statutes. WITNESSETH WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1969" authorizes local governments to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide sen;ices 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 V~'HEREAS, pursuant to Chapter 125.01, Florida Statutes, the Board of County Commissioners of Palm Beach County is empowered to establish and administer programs of conservation and to enter into agreements with other governmental agencies within or outside the boundaries of the County for joint performance, or performance of one unit on behalf of the other, of any of either governmental entity's authorized functions; and SVItEREAS, certain species of prohibited invasive non-native vegetation are spreading rapidly into natural areas in the Count),, displacing native vegetation, destroying wildlife habitat and creating undesirable vegetative monocultures; and WHEREAS, certain species of prohibited invasive non-native vegetation have a variety of noxious qualities, including, but not limited to, adverse effects on human health, hazards to public safety, and undesirable aesthetics in the County; and WHEREAS, the 1989 Comprehensive Plan, as amended, mandates that the County shall continue efforts to eradicate prohibited invasive non-native vegetation; and WHEREAS, the nine prohibited invasive non-native plant species (Air Potato, Australian Pine, Brazilian Page 1 PASSED AND ADOPTED this ~1, [ day of September, 2004. (Corpora CITY OF BOYNTON BEACH, FLORIDA ~~Co~er~''~ ~:\CA\RESO~Agreements\lnterlocals\lnterlocal Agreement PBC -Nonnative Vegetation.doc Pepper, Carrotwood, Earleaf Acacia, Kudzu, Old-world Climbing Fern, Melaleuca, and Queensland Umbrella Tree) are also found in both unincorporated and incorporated areas of the County; and WHEREAS, eradication of prohibited invasive non-native vegetation will require the combined efforts of the municipalities and the County to stop their spread; and WItEREAS, the Board of County Commissioners has established and funded a grant program to financially assist municipalities and other public agencies with removal of this invasive non-native vegetation from publicly oxvned lands and related educational activities, and NOW, TItEREFORE, in consideration of the mutual representations, terms, and covenants hereinafter set forth, the parties hereby agree as follows: ARTICLE 1 - PROJECT TO BE COMPLETED BY THE GRANTEE: The Grantee agrees, during the term of this Agreement, to assist in the removal of invasive non-native vegetation within the County as specifically set forth in Exhibit A attached hereto and made a part hereof. The Grantee shall coordinate work on the project with the County's Department of Environmental Resources Management, hereinafter referred to as the Sponsoring Department, and shall submit all invoices, reports and records to the Sponsoring Department, as specifically set forth in Exhibit B and Article 8, hereof. ARTICLE 2 - PAYMENTS TO GRANTEE/REIB,IBURSABLE: The County shall pay to the Grantee as reimbursement of the Grantee's expenses, an amount not to exceed $5,000.00, provided the Grantee completes the removal project as described in Exhibit A, and meets the estimated match requirement of $5,00~.00 as noted in Exhibit A. Activities eligible for match requirements include (actual) contributions (e.g., equipment usage/direct operating expenses/in-kind services), funding from other non-County grants and replacement planting with vegetation native to Florida. Costs related~o in-kind services (e.g., planning & design) shall be limited to salaries and fringe benefits. Only those costs incurred after the effective date of the Agreement will qualify as matching funds. County funding can be used to match grants fi-om other non-County sources; however, the Grantee cannot submit reimbursement requests for the same expenses to more than one funding source or under more than one County-funded program. The Grantee will bill the County upon completion of the project, for expenses actually incurred and paid, up to the amounts set forth in Exhibit A for the project. The Grantee shall be reimbursed on a cost reimbursement basis for all eligible project costs upon receipt and acceptance by the Page 2 County of a properly completed Payment Request Summary Form, provided as Exhibit B. In support of the Payment Summary form, the Grantee must also provide, from its accounting system, a listing of expenditures in detail sufficient to evidence actual payment and that said expense was necessary in the performance of the Scope of Work described in Exhibit A. The Grantee shall supply any further documentation such as copies of paid receipts, canceled checks, invoices or other documents deemed necessary by the County. All supporting invoices and receipts must clearly state that goods and/or services were invoiced to Grantee and not to an individual or "Cash." In the case of reimbursement for a portion of a salary, the canceled check' submitted as invoice must be payable to the referenced individual and memorandum as such on the check. Reimbursement requests received from the Grantee will be reviewed and approved by the Department of Environmental Resources Management, 3323 Belvedere Road, Building 502, West Palm Beach, FL 33406-1548, which wilt indicate that the expenditures have been made in conformity with this Agreement and send the payment request to the County's Finance Department for final approval and payment. The invoice must be submitted along with a final report, as described in Article 8 below. ARTICLE 3 - AVAILABILITY OF FUNDS: The obligations of the County under this Agreement are subject to the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of Palm Beach County. ARTICLE 4 - INSURANCE: A. Without waiving the right to sovereign immunity as provided by Section 768.28, Florida Statutes, the Grantee acknowledges it is self-insured under State Sovereign Immunity statutes with coverage limits of $100,000 Per Person and $200,000 Per Occurrence; or such monetary waiver limits that may change and be set forth by the legislature, which the County agrees to recognize as acceptable coverage for General Liability and Automobile Liability insurance. B. In the event the Grantee does not rely exclusively on sovereign immunity as provided by Section 768.28, Florida Statutes, the Grantee shall agree to maintain third-party Commercial General Liability at limits not less than $500,000 per occurrence. With respect to Commercial General Liability, Grantee shalI agree to add the County as an "Additional Insured." Page 3 C. The Grantee agrees to maintain or to be self-insured for Worker's Compensation & Employer's Liability insurance in accordance with Florida Statutes, Chapter 440. D. The Grantee shall provide a statement or Certificate of Insurance evidencing insurance, self-insurance and/or sovereign immunity status, which County agrees to recognize as acceptable for the above required coverages. The certificate Holder will be: Palm Beach County, Dept. of Environmental Resources Management, 3323 Belvedere Rd., Bldg. 502, West Palm Beach, FL 33406-1548. ARTICLE 5 - 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 Grantee fi.om any claims, losses, demands or cause of action of whatsoever kind or nature that the Grantee, its agents or employees, may or could sustain as a result of or emanating out of the terms and conditions contained in this Agreement that result fi.om 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 Grantee agrees to indemnify and hold harmless County fi.om 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 fi.om the Grantee's negligence or willful misconduct. Nothing herein shall be construed as a waiver of sovereign immunity by either party, pursuant to Section 768.28, Florida Statutes. ARTICLE 6 - WARRANTY/PERSONNEL: The Grantee warrants that all project-related services shall be performed by skilled and competent personnel to the highest professional standards in the field. The Grantee further represents that it has, or will secure at its own expense, all necessary personnel required to complete the project under this Agreement, and that they shall be fully qualified and, if required, authorized, permitted and/or licensed under State and local law to complete such project. Such personnel shall not be employees of or have any contractual relationship with the County. ARTICLE 7 - EQUAL OPPORTUNITY PROVISION: Page 4 The County and the Grantee agree that no person shall, on the grounds of race, color, sex, age, national origin, disability, religion, ancestry, marital status, or sexual orientation be excluded from the benefits of, or be subjected to any form of discrimination under any activity carried out by the performance of this Agreement. ARTICLE 8 - GRANTEE'S PROJECT-RELATED AGREEMENTS: The Grantee further agrees: 1. To allow the County through its Sponsoring Department to monitor Grantee to assure that the project is completed as outlined in the Exhibit A. 2. To provide the funds for the balance of the project not funded by the County. 3. To maintain books, records, documents, and other evidence which sufficiently and properly reflects all costs of any nature expended in the performance of this Agreement. 4. That all records shall be subject to the Public Records Law, Chapter 119, Florida Statutes. 5. That the County shall be promptly reimbursed for any funds which are misused or misspent. 6. To complete the project, and submit a final 1-2 page project report to the County by the Agreement expiration date noted in Article 11 below. The final report shall include a Payment Request Summary Form along with documentation, as described in Article 2 above, and a copy of a brief press release highlighting the successes of the project and acknowledging the contribution of the grant towards the project success. Failure to submit completed reports withh5 the specified timeframe will result in a delay in payment and/or termination of this Agreement. ARTICLE 9 - ACCESS AND AUDITS: Grantee shall maintain adequate records to justify all charges, expenses and costs incurred in accordance with generally accepted accounting principals. The County 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. ARTICLE 10 - PUBLIC ENTITY CRIME CERTIFICATION: As provided in F.S. 287.132-133, by entering into this Agreement or performing any work in furtherance hereof, the Page 5 Grantee certifies that its suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by F.S. 287.133 (3) (a). ARTICLE 11 - EFFECTIVE TERM/TERMINATION: 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 until July 1, 2005, unless otherwise terminated as provided herein. This Agreement may be terminated by either party upon thirty (30) days written notice by the terminating party to the other party, provided that the County will not arbitrarily or unreasonably deny funding to Grantee under the terms and conditions set forth herein. ARTICLE 12 - NOTICES: The County's representative/grant manager during the term of this Agreement is identified as: Department of Environmental Resources Management Attn: Director 3323 Belvedere Road, Building 502 West Palm Beach, FL 33406 (561)233-2400 Fax: (561) 233-2414 The Grantee's representative/grant manager during the term of the Agreement is identified as: Wally Majom, Recreation & Parks Director City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 (561) 742-6255 Fax: (561) 742-6090 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 Grantee representative/grant manager identified above, respectively, and with a copy to the Palm Beach County Attorney's Office, 301 North Olive Avenue, Sixth Floor, West Palm Beach, FL 33401. Page 6 the application and this Agreement, this Agreement shall control. The County and the Grantee both further agree that this Agreement sets forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Agreement may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. ARTICLE 18 — COUNTY'S AUTHORITY TO EXECUTE AGREEMENT The Board of County Commissioners of Palm Beach County, Florida delegated the authority to execute this Agreement to the County Administrator, the Director and Deputy Director of the Department of Environmental Resources Management on February 25, 2003. IN WITNESS WHEREOF, the Board of County Commissioners of Palm Beach County, Flonda has made and executed this Agreement on behalf of the County and Grantee has hereunto set his /her hand the day and year above written. PALM BEACH COUNTY, FLORIDA CITY OF BOYNTON BEACH, FLORIDA, BY ITS FOR ITS BOARD OF COUNTY COMMISSION COMMISSIONERS , r ��y BY' ��..■f/ By: = l : rry Taylor, Mayor ,' Date Richard E. Walesky, Directo 0 ate / Environmental Resources Ma . gement U ATTE By:/' 14 '!, .- — _k?: ' • st APPROVED AS TO FORM AND :P Uuti Date LEGAL SUFFICIENCY: Assistant County Attorney APPROVE II A T •RM AND LEGAL FIC • : LEGAL MI By: __ James Cherof, city Attorney Page 8 ARTICLE 13- 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. ARTICLE 14- COMPLIANCE WITH LAW The Grantee shall comply with all applicable federal, state and local rules and regulations in providing services under this Agreement. The Grantee acknowledges that this requirement includes compliance with all applicable federal, state and local health and safety rules and regulations. The Grantee further agrees to include this provision in all subcontracts issued as a result of this Agreement. ARTICLE 15- 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. ARTICLE 16- 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. ARTICLE 17 - ENTIRETY OF AGREEMENT The Grantee agrees that the Scope of Work has been developed from the Grantee's funding application and that the County expects performance by the Grantee in accordance with such application. In the event of a conflict between Page 7 EXHIBIT A City of Boynton Beach Leisureville/Woolbright Place Palm Beach County 2004-2005 Public Lands Grant Program Invasive Non-Native Vegetation Removal Pro|ect A~olicant: Wally Majors, Recreation & Parks Director City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 (561) 742-6255 f~ PALM BEACH COUNTY PUBLIC LANDS GRANT PROGRAM INVASIVE NON-NATIVE VEGETATION REMOVAL ADMINISTRATIVE INFORMATION Project Title: co,,.c, P~,so,: contac, ^~,,~. ~i_ty of Boy .n_t~o_n_ B_e~agh c~. ~gYnton Beach co.t~ct Phew: 561-742-6255 PROJECT INFORMATION ^mo..t orc.~, R~q.~t $5,000.00 Zip: ~3_3__43~5 ........... Conta= ~-,mi~: _m_ ajorsw .~. boyn_ton-beach: fl. us Total Project co,:.$10,000.00 Matching Funds Available? ffyes, describe the specific sources and amounts: $5,000.00 match in funds are available in the Gity's Gapital Improvement Plan. Estin~ted Project Start Date: 12/04 Esfin~ted Project Completion Date: 4/05 Minimum Criteria Description Describe. in d~tail, in the space provided, how this project m~ets each of the si~ (6) minimum criteria. If more space is required, please attach a separate page and note que~ion number. 1. Project must be submitted by a qualified applicam and must be designed to remove one or raore of the County's nine prohibited plato species (Air potato, Ausl~alian pine, Brazilian pepper, carrotwood, earleafacacia, kudzu, old-woHd clitr~ing fern, rmlalcuca, umbrella tree). Austmilian pine, Brazilian pepper, earleaf Acacia, melaleuca and umbrella tree will be removed from this project site. 2. Project must be located on public lands managed or maintained for greempace, or preservation/conservation This project site is owned by the City of Boynton Beach and is mantained as greenspace, reserved for a future park. 3. Project cannot be a required mitigation project with an invasive plant removal requirement. This project is not a required miti§ation project Public Lands Grant Program Application - Project Title: LeisurevilleNVoo!bright Place_ . Page 2 Minimum Criteria Description - Continued 4. Project applicant must have financial means for perpetual follow-up maintenance, o~c~befo//ow-~o schedule and funding source for perpetual maintenance lhis site is currently maintained by the City's Division of Forestry & Grounds and will continue to be maintained by this division. Maintenance is funded by the City's General Fund. 5. Planting/restoration plan (if applicable) must include Florida native vegetation and may not include Florida Exotic Pest Plant Council Category I or II plant species (see www.fleppc,or~l for most current list). This site will not be replanted at this time. 6. Project must have a minimum fifty-percent project match, except for those municipalities specified in the Project Match Requirement section. O~m'~efunding source for match and how match will be used. $5,000.00 match is in the City's Capital Improvement Plan. lhe match will be used with the grant to pay a contractor to remove Austrailian pine, Brazilian pepper, earleaf acacia, melaleuca and umbrella tree. / 7. Project cannot involve the clearing of native vegetation for maintenance purposes. No native vegetation will be removed for maintenance in this project. Project Location Description Describe projec~ location, nearest cross streets, property type (natural area. open space, easement...), property u~ property owner, agency(s) with management responsibili~. Include natural area description if applicabl~ **.4ttach a site plan showing the project elements along with a general location map and an a,rial photo of thoproject viciniO,. Maps should be no greater than 11 " x ! 7. "** Leisureville/Woolbright Place is located in Boynton Beach one block west of the intersection of SW 8th Street and SW 1st Court. Leisureville and Lake Boynton Estates residential properties border the project site. The 3.5-acre site is owned by the City of Boynton Beach and is maintained as greenspace, reserved for a future park site. Please see attached general location map and aerial photo. Include Project Location X, Y Coordinates in State Plane NAD 1983: X: Public Lands Grant Program Application- Project Title: _L. eisu~r_e _vi!le__/Woo~l_bdght P!ace Page 3 Detailed Project Description Thir descr~otion is to answer information for scoring the applications by the judging committee and for compliance with the minimum grant criteria. Must include project location desc~ption, targeted invasive non-native plant species, acreag~ of infextation, scope of work, will the work be preformed in-house or contracted out contracted out, describe contract pricing), method of removal (mechanica~ herbicides, hand pulling...), project milestones, and replanting species. Project location description This site is located in a residential area west of 1-95 in Boynton Beach. It borders two neighorhoods, Leisureville and Lake Boynton Estates. Some of the native vegetation includes: saw palmetto, avacado & citrus trees, slash pine, poinciana and women's tongue. The invasive non-native vegetation is located throughout the site and is highly visible to neighboring residents. The Leisureville/Woolbdght Place site is currently maintained as greenspace by the City's Division of Forestry & Grounds. Once the initial removal of the invasive non-native plant species begins, an on-going maintenance program for this project site will be implemented, which will include quarterly mowing and removal of exotics that may re-grow. Targeted invasive non-native plant species The following plant species will be targeted: Austrailian pine, Brazilian pepper, earleaf acacia, melaleuca and umbrella tree. Acreage of infestation There is approximate/y 2.5 acres of infestation on this projcet site. Scope of work Work will be contracted out. The City will refer to the contractors on our bid list who are approved to perform this type of work. Contractors on the bid list have been approved based on an hourly rate. Invasive non-native plants will be removed by hand pulling and mechanical means. We will remove approximately 50 feet around the perimeter from improved property. The city's Division of Forestry & Grounds will implement an on-going maintenance program for the project area that targets invasive non-native plants. Project milestones * An educational notice will be sent to neighboring residents describing the invasive non-native vegetation being removed and the benefits to be derdved from this cooperative project by November 2004. * Contractor will be selected by November 2004. * Project will commence in December 2004. * Project will be completed by April 2005. Replanting Species We do not plan to replant at this time. Public I_ands Grant ProD'am Application- Project Tide: Leisureville/Woolbright Place Page 4 Project Narrative Provide any additional information that describ~ how the proposed project will meet each of the Jud~in~ Criteria noted in the application guidelines. The goal of this project is to target removal of Austrailian pine, Brazilian pepper, eadeaf acacia, melaluca and umbrella tree from the Leisureville/Woolbright Place greenspace. Follow-up monitoring and maintenance of the site by the City is available in perpetuity. The City has the required 50% match available in our Capital Improvement Plan and is ready to commence the project upon the exceution of the grant agreement with the Board of County Commissioners. Certificafiorr I certify that to tI~ best of my knowledge, all of the statements contained in this application are correct and complete. Submit 10 copies and 1 original to the following address: Public Lands Grant Program Coordinator Palm Beach County Dept. of Environmental Resources Management 3323 Belvedere Road, Bldg, 502 West Palm Beach, FL 33406 Signana-e:/~....----'''~'-''~------ PrintName: Wally Majors Recreation & Parks Director May 7, 2004 Exhibit A Leisureville/Woolbright Place Aerial Map 270 540 1,080 Exhibit B Leisureville/Woolbright Place I Woolbright Place sw 1st Court Boynton Beach Blvd. 36O 720 Feet ,440 Legend Streets ~ Park Water Body Exhibit C - Photos of Leisureville/Woolbright Place Page 1 of 2 -.~ Page 2 of 2 GRANTEE: COUNTY AGREEMENT NO.: R DATE OF REQUEST: AMOUNT REQUESTED:$ EXHIBIT B PAYMENT REQUEST FORM FOR INTERLOCAL AGREEMENT GRANTEE'S GRANT MANAGER: PERFORMANCE PERIOD: MATCHING REQUIRED:$ GRANT EXPENDITURES SUMMARY SECTION [Effective Date of Grant throu~,h End-of-Grant Periodl AMOUNT OF THIS MATCHING FUNDS CATEGORY OF EXPENDITURE REQUEST Salaries $ $ Fringe Benefits $ $ Subcontracting: Planning $ $ Design $ $ Removal related Costs $ $ Supplies/Other Expenses $ $ Public Information / Outreach $ $ TOTAL REQUESTED $ $ TOT~IL GRANT A GR~EMENT $ TOTAL REMAINING IN GRANT $ GRANTEE CERTIFICATION The undersigned certifies that the mount being requested for reimbursement above were for items that were charged to and utilized only for the above cited grant activities. Grantee's Grant Manager's Signature Grantee's Fiscal Agent · Print Name Print Name Telephone Number Telephone Number Exhibit B, Page 1 of 1