Loading...
R05-126 " 1 RESOLUTION R05- I~" 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING EXECUTION OF AN 5 AMENDMENT NO. 001 TO THE INTERLOCAL 6 AGREEMENT BETWEEN THE CITY AND PALM 7 BEACH COUNTY FOR A LAKE WORTH LAGOON 8 PARTNERSHIP PROGRAM REIMBURSABLE GRANT 9 IN THE AMOUNT OF $500,000 FOR THE NE 7TH 10 STREET STORMWATERIMPROVEMENTS PROJECT; 11 AND PROVIDING AN EFFECTIVE DATE. 12 13 WHEREAS, the Utilities Department has received grant approval from the 14 Lake Worth Lagoon Partnership Grant Program managed by Palm Beach County 15 and funded by the Florida Department of Environmental Protection; and 16 WHEREAS, the grant is to be applied to the Stormwater improvement 17 program planned for the INCA neighborhood located on NE ih Street between 18 NE 1 oth Avenue and NE ih Avenues; and 19 WHEREAS, Amendment No. 001 to the Interlocal Agreement will add 20 language to restrict grant funds used for land acquisition from being used as match 21 to any other Agreement supported by State or Federal funds. 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY 23 COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 24 Section 1. The foregoing "Whereas" clauses are hereby ratified and 25 confirmed as being true and correct and are hereby made a specific part of this 26 Resolution upon adoption hereof. 27 Section 2. Upon recommendation of staff, this Commission does 28 hereby authorize the City Manager to execute Amendment No. 001 to the 29 Interlocal Agreement between the City and Palm Beach County for a Lake Worth S:\CA\RESO\Agreernents\lnterlocals\lnterlocal - INCA Stormwater Grant Amendment.doc 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 II Lagoon Partnership Program reimbursable grant in the amount of $500,000 to be 2 applied to the Stormwater improvement program planned for the INCA 3 neighborhood located on NE ih Street between NE 1 oth Avenue and NE ih 4 Avenues, which is attached hereto as Exhibit "A". 5 Section 3. That this Resolution shall become effective immediately 6 upon passage. PASSED AND ADOPTED this ~ day of August, 2005. CITY OF BOYNTON BEACH, FLORIDA ~' / ~ayOf C K~J _!----.- p~ . '('~~ Commissioner . Commissioner S:\CA\RESO\Agreements\lnterlocals\lnterlocal- INCA Stormwater Grant Amendment.doc EXHIBIT 'A' ~ 2005 . i 895 SEP272fe R05- Ia.<o INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY AND THE CITY OF BOYNTON BEACH AGREEMENT #R2003-1556 NE 7th Street Stormwater Improvements AMENDMENT NO. 001 GRANTEE CITY OF BOYNTON BEACH DEPARTMENT OF UTILITIES 124 E. WOOLBRIGHT ROAD BOYNTON BEACH, FLORIDA 33435 ~ THIS AGREEMENT, entered into on the 19th day of August, 2003, is hereby revised as follows: . Exhibit B is hereby revised to include the attached Amendment No, 1 to DEP Agreement No. S0089. All other terms and conditions of the Agreement shall remain unchanged. Date PALM BEACH COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMIS~ SE:P 1711lli ~~ Tony~asilotti, Chairman Date CITY OF BOYNTON BEACH ATTEST: G'f .) l :1tecz-Vt! ~ C.IT~ CLEI2I( t... ATTEST: APPROVED AS TO FORM AND LEGAL~ By: 'i (~:k t~'~e~"0\ ~0{4le1 By: CliIK - : ,~ aron R. Bock, Clet~,: R ",\': c', - ~ C t 11 I~... ~ 'm~ omp ro er ~ : COUNT : ~ ~ Q. .,' y .rn~ %".... "';)~LOAK)" /01 APPROVED AS TO FORNf~. ../~l LEGAL SUFFICIENCY: 1111I,ll .............S~: Illl\ * ~......~- By: ~ ~ 11\\\\\",,,,,"'" Assistant Gounty Attorney APPROVED AS TO TERMS AND CONDI NS: By: irector, Department of Environmental Resources Management T:\eer\coastal\Lake Worth Lagoon\DEP Grants\02-03S0089\B-Beach\Interlocal\IA-amend.doc R2005 1233 JUN 2 1 mi ReCeIVeD JUN 2 4 2005 DE?T 9F EN'v' F'i10iECTlm; W=.ST PALM BEACH TIllS AGREEMENT as entered into on the 1511I day of July, 2003, between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECfION (hereinafter referred to as the "Department") and the PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS (hereinafter referred to as "Grantee" or "Recipient") is hereby amended. DEP AGREEMENT NO. S0089 AMENDMENT NO.1 WHEREAS, due to hurricane activity during the month of September, 2004, which directly impacted the geographical location of the Grantee, the schedule for this project has been delayed; and, WHEREAS, Project No. 02-5 Garden Avenue Drainage - Phase I has been revised to avoid construction &nd operation of a retention area on the West Palm Beach Golf Course due to a necessary precaution to avoid disturbance of arsenic contaminated soils and groundwater at the golf course; and, . WHEREAS, the Grantee has requested and the Department has agreed to a no-cost time extension of the Agreement through December 30, 2006; and, WHEREAS, in order to reflect the af(\rementioned changes in project description and schedule, Attachment A needs to be replaced in its entirety; and, WHEREAS, the Grantee undentands that certification forward of State Fiscal Year 2002-2003 funds supporting this Agreement beyond June 30. of each year is subject to the approval of the Governor's Office; and, WHEREAS" the Grantee has requested an end date that extends beyond the current authorized funding period; and, WHEREAS, the Grantee undentands that if the Governor's Office does not awrove the Department's request to certify the funds forward, the Grantee will not be eligible for reimbursement fer the activities covered by the remaining unpaid State Fiscal Year 2002-2003 funds; and, WHEREAS, additional changes to the Agreement are necessary. NOW, THEREFORE, the parties hereto agree as follows:: Paragraph 2. is hereby revised to change the completion date of the Agreement from June 30, 2005 to December 30, 2006 and to include the following as a separate subparagraph: The Grantee undentands and agrees that certification fOlWard of the State Fiscal Year 2002-2003 funds supporting this Agreement beyond June 3011I of each year is subject to the approval of the Governor's Office. Paragraph 10. is hereby deleted in its entirety and replaced with the following: 10. A. In addition to the requirements of the preceding paragraph, the Grantee shall comply with the applicable provisions contained in Attachment C-l (Revised Special Audit Requirements), attached hereto and incorporated herein by reference. Exhibit 1 to Attachment C-l summarizes the 1'.mding sources supporting the Agreement for purposes of assisting the Grantee in complying with the requirements of Attachment C-l. A revised copy of Exhibit 1 must be provided to the Grantee for each amendment which authorizes a funding increase or decrease. If the Grantee fails to receive a revised copy of EJ:bibit 1, the Grantee shall notify the Department's Grants Development and Review Manager at 850/245-2361 to request a copy of the updated information. DEP Agreement No. S0089, Amendment No. 1, Page lof3 EXHIBIT 'B' B. The Grantee is hereby advised that the Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a: result of this Agreement. The Grantee shall consider the type of financial assistance (federal and/or state) identified in Attachment C-l, Exhibit 1 when making its deter$nation. For federal financial assistance, the Grantee shall utilize the guidance provided under OMB Circular A-133, Subpart B, Section _.210 for detennining whether the relationship represents that of a subrecipient or vendor. For state financial assistance, the Grantee shall utilize the form entitled "CheCkliSt ~ . for. Nonstite OrgiinizatioDs Recipient/Subrecipient vs Vendor Determination" (form number FSAA_cL2) that can be found under the "LinkslForms" section appearing at the following website: http://www.fsaa.state.f1.us! The Grantee should confer with its chief financial officer, audit director or contact the Department for assistance with questions pertaining to the applicability of these requirements. The language included in the Agreement as Paragraph 23. shall hereinafter be referenced as Paragraph 24. The following language is hereby added to the Agreement as Paragraph 23.: 23. Grantee matching funds have been used for the acquisition ofland for this project. The Grantee agrees that the funds used to purchase the land shall not be used as match to any other Agreement supported by State or Federal funds. Attachment A, Project Work Plan is hereby deleted in its entirety and replaced with Attachment A-t, Revised Projeet Work Plan, attached hereto and made a part of the Agreement. All references in the Agreement to Attachment A shall hereinafter refer to Attachment A-t, Revised Project Work Plan. Attachment C, Special Audit Requirements is hereby deleted in its entirety and replaced with Attachment C-l, Revised Special Audit Requirements, attached hereto and made a part of the Agreement All references in the Agreement to Attachment C shall hereinafter refer to Attachment C-l, Revised Special Audit Requirements. REMAlNDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. 80089, Amendment No. I, Page 2 oB 'In all other respects, the Agreement of which this is an Amendment and attachments relative thereto, shall remain in full force and effect IN WITNESS WHEREOF, the parties have caused this Amendment to be duly executed the day and year last written below. R 2 0 05 1 2. '3 3 'JJN 2 1 2005 ?ALM BEACH COUNTY BOARD OF C(;UNTY COMMISSIONERS By. t!:-.dd/ ~. * . or designee Tony Masilottl, Chairman 'DaL~:-AcfdIe-b Q reene, Vtte Chafrperson STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By. ~i2. M Secretary or designee ..... Date: b(J-7(O.s- .J)~~ tZ .~ Tim Gray, DEP t Manager L~ 5R,A- DEP Contracts Administrator Approved as to form and legal sufficiency: ~6~~ PBC Assistant A Approved as to terms Ind conditions: ~[} PBC ERM 0;;...,. '4 Approved as to fonn and legality: tt\~~~ ~ k- ~rney *For Agreements with governmental boards/commissions: If someone other than the Chairman signs this Amendment, a resolution. statement or other document authorizing that person to sign the Amendment on behalf of the Grantee or must accompany the Amendment List ofattachmentslexhi'bits included as part of this Amendment: LctterI NnmheT A-I Descrintion (include number ofna2es) Revised Project Work Plan (6 Pages) . ,. Y C "It I . ..... 0 ~II, .#' ..... ..... ~ ..,~ _ ().. "'~l~ ,I" / ... "" BE..i"~ \~ -: ~tJ"'- '"')' '.eI' 101 COUNTY j~~ \~.... FLOR\O~ /~l ~~,~ ..... .....~# "pq........... C;, II"... * "",,,,,'=" "''I\\~,'C'l'~... DEP Agreement No. S0089, Amendment No. I, Page 3 on EXHIBIT 'A' INTERLOCALAGREEMENT BETWEEN PALM BEACH COUNTY AND THE CITY OF BOYNTON BEACH AGREEMENT #R2003-1556 NE 7th Street Stormwater Improvements Ra5- la6 AMENDMENT NO. 001 GRANTEE CITY OF BOYNTON BEACH DEPARTMENT OF UTILITIES 124 E. WOOLBRIGHT ROAD BOYNTON BEACH, FLORIDA 33435 THIS AGREEMENT, entered into on the 19th day of August, 2003, is hereby revised as follows: · Exhibit B is hereby revised to include the attached Amendment No. 1 to DEP Agreement No. S0089. All other terms and conditions of the Agreement shall remain unchanged. CITY OF BOYNTON BEACH PALM BEACH COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS By~)2~ '- Mayor (/ Date By: Tony Masilotti, Chairman Date ATTEST: By: Sharon R. Bock, Clerk Date APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: N;)CKrcfL e/~s- ~omn ' ~ AttorneY.. As'&l~ ~~ ~ APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Assistant County Attorney APPROVED AS TO TERMS AND CONDITIONS: By: Director, Department of Environmental Resources Management T:\eer\coastal\Lake Worth Lagoon\DEP Grants\02-0380089\B-Beach\Interlocal\IA-amend.doc /l-iJ-adJ/YJ-eJ ) EXHIBIT'B' DEP AGREEMENT NO. S0089 AMENDMENT NO.1 ROn -lab THIS AGREEMENT as entered into on the 15th day of July, 2003, between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the "Department") and the PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS (hereinafter referred to as "Grantee" or "Recipient") is hereby amended. WHEREAS, due to hurricane activity dming the month of September, 2004, which directly impacted the geographicatIocation of the Grantee, the schedule for this project has been delayed; and, WHEREAS, Project No. 02-5 Garden A venue Drainage - Phase I has been revised to avoid construction and operation of a retention area on the West Palm Beach Golf Course due to a necessary precaution to avoid disturbance of arsenic contaminated soils and groundwater at the golf course; and, wHEREAS, the Grantee has requested and the Department has agreed to a no-cost time extension of the Agreement through December 30, 2006; and, wHEREAS, in order to reflect the aforementioned changes in project description and schedule, Attachment A needs to bt replaced in its entirety; and, wHEREAS, the Grantee understands that certification forward of State Fiscal Year 2002-2003 funds supporting tllis Agreement beyond June 30th of each year is subject to the approval of the Governor's Office; and, WlffiREAS, the Grantee has requested an end date that extends beyond the current authorized funding period; and, wHEREAS, the Grantee understands that if the Governor's Office does not approve the Department's request to certify the funds forward, the Grantee will not be eligIble for reimbursement for the activities covered by the remaining unpaid State Fiscal Year 2002-2003 funds; and, wHEREAS, additional changes to the Agreement are necessary. NOW, THEREFORE, the parties hereto agree as follows:: Paragraph 2. is hereby revised to change the completion date of the Agreement from June 30, 2005 to December 30, 2006 and to include the following as a separate subparagraph: ThJ Grantee understands and agrees that certification forward of the State Fiscal Year 2002-2003 funds supporting this Agreement beyond June 30th of each year is subject to the approval of the Governor's Office. Paragraph 10. is hereby deleted in its entirety and replaced with the following: 10. A. In addition to the requirements of the preceding paragraph, the Grantee shall comply with the applicable provisions contained in Attachment C-l (Revised Special Audit Requirements), attached hereto and incorporated herein by reference. Exhibit I to Attachment C-l summarizes the funding sources supporting the Agreement for purposes of assisting the Grantee in complying with the requirements of Attachment C-I. A revised copy of Exhibit 1 must be provided to the Grantee for each amendment which authorizes a funding increase or decrease. If the Grantee fails to receive a revised copy of Exhibit 1, the Grantee shall notify the Department's Grants Development and Review Manager at 850/245-2361 to request a copy of the npdated information. DEP Agreement No. 80089, Amendment No. I, Page t of3 EXHIBIT 'B' B. The Grantee is hereby advised that the Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a: result of this Agreement. The Grantee shall consider the type of financial assistance (federal and/or state) identified in Attachment C-It Exhibit I when making its deterqrination. For federal financial assistance, the Grantee shall utilize the guidance provided under OMB Circular A-B3, Subpart B, Section _.210 for determining whether the relationship r_epresents that ofa subrecipient or vendor. For state financial assistance, the Grantee shall utilize the form entitled "CheCkliSt - -for - Nonstiite Organizations Recipient/Subrecipient vs Vendor Determination" (form number FSAA_cL2) that can be found under the "LinkslForms" section appearing at the following website: htlJ':/ /www.fsaa.state.fl.us! The Grantee should confer with its chief financial officer. audit director or contact the Department for assistance with questions pertaining to the applicability of these requirements. The language included in the Agreement as Paragraph 23. shall hereinafter be referenced as Paragraph 24. The following language is hereby added to the Agreement as Paragraph 23.: 23. Grantee matching funds have been used for the acquisition of land for this project. The Grantee agrees that the funds used to pmchase the land shall not be used as match to any other Agreement supported by State or Federal funds. Attachment A. Project Work Plan is hereby deleted in its entirety and replaced with Attachment A-It Revised Projeet Work Plan, attached hereto and made a part of the Agreement. All references in the Agreement to Attachment A shall hereinafter refer to Attachment A-I, Revised Project Work Plan. Attachment C, S~ial Audit Requirements is hereby deleted in its entirety and replaced with Attachment C-It Revised Special Audit Requirements, attached hereto and made a part of the Agreement. All references in the Agreement to Attachment C shall hereinafter refer to Attachment C-I, Revised Speeial Audit Requirements. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. 80089, Amendment No. I, Page 2 on EXHIBIT 'B' In al1 other respects, the Agreement of which this is an Amendment and attachments relative thereto, shall remain in fuH force and effect. IN WITNESS WHEREOF, the parties have caused this Amendment to be duly executed the day and year last written below. 1> ALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By: *Chairman or designee By: Secretary or designee Date: Date: Approved as to form and legal sufficiency: PBC Assistant Attorney Tim Ora. y, DP... ~ Grant.. Mana. 8~ ~~~ DEP Contracts Administrator A~_;oonmtimu, PBC ERM I>irector Approved as to form and leglllity: Jl~:" ~.~ *For Agreements with governmental boards/commissions: If someone other than the Chairman signs this Amendment, a resolution, statement or other document authorizing that person to sign the Amendment on behalf of the Grantee or must accompany the Amendment. List of attachments/exhibits inclnded as part of this Amendment: Specify Type Attachment Attachment Letter/ Number A-I C-I Description (include number of Dages) Revised Project Work Plan (6 Pages) Revised Special Audit Requirements (5 Pages) DEP Agreement No. 80089, Amendment No.1, Page 3 oD -L/i/C/l 4~ The City of Boynton Beach - --1 ~, . ~ Utilities Department 124 E. Woolbright Road Boynton Beach, Florida 33435 Phone (561) 742-6400 FAX: (561 )742-6298 , -~ : c-;) ~ .-:, .:)'>. ::r: LETTER OF TRANSMITTAL TO: Janet Prainito, City Clerk DATE: November 14, 2005 RE: Lake Worth Lagoon Grant Program Interlocal Agreement No. R2005-1895 (formerly R2003-1557) Amendment #1 TRANSMITTED HEREWITH ARE THE FOLLOWING ITEMS: Date No. Description/Hand Delivered 11/14/05 1 Original Executed Interlocal Agreement, Resolution R05-126 Thanks SIGNED: aren T. Riseley, ontract Coordinator bc: PMT Grant File Barb Conboy, Utilities AITACHMENT A-I REVISED PROJECT WORK PLAN LAKE WORTH LAGOON PARTNERSmp GRANT PROGRAM Since 1998, 25 construction projects to benefit Lake Worth Lagoon (Lagoon) have been funded by the State Legislature through the Florida Department of Environmental Protection's (DEP) budget. These projects, under the umbrella of the Lake Worth Lagoon Partnership Grant Program, are designed to .benefit the habitat and water quality in the Lagoon. Specific Appropriation Item 1769 of the State Fiscal Year (SFY) 2002-2003 budget appropriated $2.5 million to the Palm Beach County Board of County Commissioners (County) for Surface Water Restoration of the Lake Worth Lagoon. Of the $2.5 million, $15,000 will be directed to DEP Agreement No. WM853, for a DEP Preliminary Pollutant Loading and Assessment Study for Northern Palm Beach County. The County will utilize the remaining 52,485,000 for five construction projects, Lagoon monitoring and grant administration. Under no conditions will grant funds be used for land acquisition. The County will enter into Interlocal Agreements with the City of Boynton Beach, the Town of Ocean Ridge, the WestgatelBelvedcrc Community Redevelopment Agency and the City of West Palm Beach for four of the projects listed below. It should be noted that all projects arc a benefit to the lagoon and are in accordance with the LaIu Worth Lllg,,"" MtIIIllgement Pltlll. The following is a summary of the projects funded under the Lake Worth Lagoon Partnership Grant Program for SFY 2002- 2003. - Protect No. 01-1: NE"" Street Stormwater Imorovements Protect City of Boynton Beach Grant Award: $500,000 Thc NE 7. Street Stormwater Improvements Project will provide storm water management and water quality improvements for a 34-acre neighborhood located adjacent to the Lake Worth Lagoon in Boynton Beach. The project will route stormwater from a residential neighborhood to four stonnwater retention ponds for treatment and peak flow attenuation prior to discharge to the Lake Worth Lagoon. A mangrove wetland area will be purchased by the City and incorporated into the stonnwater management system design. Upgraded interconnecting piping will be provided under NE 7. Street as required by the South Florida Water Management District to enhance tidal flushing of the mangrove area. The City shall use matching funds for the acquisition of Iimd fQr this project. The City agrees that the funds used to purchase the land shall not be used as match to any other Agreement supported by State or Federal funds. Dellverabl. 1. Quarterly progress reports will be submitted. 2. A final report will be submitted and will include: o Project summary including photographs taken before, during and after construction; o Identification of project benefit(s) to the Lagoon; o Certification of Completion by project sponsor that project has been constrocted as proposed; o Total Final Project Cost; o Total Matching Funds; o Total Grant Award Amount; and o Final invoices and backup documentation. QA Requirements The DEP contract will not reimburse for the monitoring requirements of this project. As such, no quality assurance requirements for this project arc incorporated into the referenced Agreement. Protect No. 01-1: Stormwater Imorovements - Phase II Town of Ocean Ridge Grant Award: $400,000 The Ocean Ridge Stormwater Improvements Project will provide a new storm water system to treat water from a 70-acre residential area in the southeast portion of the Town prior to discharge to Lake Worth Lagoon. Currently, this area drains storm water through a series of old, undersized pipes and discharges the flows to the Lake Worth Lagoon with no pre-treatment. Water quality improvements will be achieved utilizing a 2.4-acre wet detention system on Town property, as well as a new system of structures and piping designed to improve the gravity flow of storm water and reduce contamination to the groundwater. Pumps will be installed to regulate flows and increase detention times during minor storm events. The stormwater will be captured and pumped to the detention area where a reduction in suspended solids, BOD, and nutrients will occur. Pollution control devices will also be installed to trap pollutants prior to discharge to the Lagoon. DEP Agreement No. S0089, Attachment A-I, Page 1 of 6 The Town of Ocean Ridge received partial funding for Phase I of the project, in State Fiscal Year (SFY) 2001-2002, under DEP Agreement No. W AP062. SFY 2002-2003 grant dollars will partially fund Phase II of the project, which will consist of the remaining construction, demobilization and monitoring costs. The Town's source of the matching funds for Phase II of the project is the State Revolving Loan Program and the Town of Ocean Ridge. Deliverables 1. Quarterly progress reports will be submitted. 2. A final report will be submitted and will incl~ o Project summary including photographs taken before, during and after construction; o Identification of project bcnefit(s) to the Lagoon; o Certification of Completion by project sponsor that project has been constructed as proposed; o Total Final Project Cost; o Total Matching Funds; o Total Grant A ward Amount; and o Final invoices and backup documentation. QA Requirements The DEP contract will not reimburse for the monitoring requirements of this project. As such, no quality assurance requirements for this project arc incorporated into the referenced Agreement Protect No. 02-3: Snook Islands Natural Area - Phase n (formerly known as Lake Worth Wetland Restoration Project) Palm Beach County Board of County Commissioners Grant Award: $546,863 This wetland restoration project will re-establish fish and wildlife habitat lost to past development with a secondary benefit of removing shoreline armor,' shoreline stabilization, and improved water quality. The project includes the filling of a deep, dredged hole east of the City of Lake Worth Golf Course and grading the area to wetland elevations, placing rip-rap, and planting of wetland vegetation. The County m:cived partial funding for Phase I of the project in State Fiscal Year (SFY) 2000-2001, under DEP Agreement No. W AP029. SFY 2002-2003 grant dollars will partially fund Phase II of the project which will include the transportation and grading of additional spoil material, placement of additional limestone boulder rip-rap, and additional wetland plantings. The County's source of the matching funds for Phase II ofthc project is the Florida In1and Navigation District (FIND) and Palm Beach County Board of County Commissioners. Project Deliverables 1. Quarterly progress reports will be submitted. 2. A final report will be submitted and will include: o Project summary including photographs taken before, during and after construction; o Identification of project benefit( s) to the Lagoon; o Certification of Completion by project sponsor that project bas been constructed as proposed; o Total Final Project Cost; o Total Matching Funds;to Total Grant Award Amount; and o Final invoices and backup documentation. QA Requirements The DEP contract will not reimburse for the monitoring requirements of this project. As such, no. quality assurance requirements for this project arc incorporated into the referenced Agreement WestgatelBelvedere Homes Community Redevelopment Agency (CRA) Protect No. 02-4: Westllate Infrastructure Imurovements - Phase n Grant Award: $400,000 The Westgate Infrastructure Improvements Project will improve the existing drainage basin within a residential neighborhood, which was developed prior to the requirements for water quality treatment. Improvements to the approximately ISO-acre basin will occur over six phases and include construction of water retention areas and replacement of the existing septic sewer system with a sanitary sewer system Benefits of the project include a reduction in groundwater and surface water loadings of pollutants such as metals, nutrients, oxygen depleting materials and sediments within the contributing drainage area of the C-S 1 DEP Agreement No. 80089, Attachment A-I, Page 2 of 6 Canal. The stonnwater retention area will also attenuate stonn water discharge rates reducing flooding potential as well as help reduce peak discharge to the C-SI canal and the Lake Worth Lagoon. Phase I construction began in November 2002 and will not receive any Lake Worth Lagoon grant funds. SFY 2002-2003 grant dollars will partially fund Phase II of the project. Project Deliverables 1. Quarterly progress reports will be submitted. 2. A final report will be submitted and will include: o Project summary including photographs taken before, during and after construction; o Identification of project benefit(s) to the Lagoon; o Certification of Completion by project sponsor that project has been constructed as proposed; o Total Final Project Cost; o Total Matching Funds; o Total Grant A ward Amount; and o Final invoices and backup documentation QA Requirements The DEP contract will not reimburse for the monitoring requirements of this project. As such, no quality assurance requirements for this project are incorporated into the referenced Agreement. . Protect No. 01-5: Garden Avenue Drainal!e-Phase I (Revised) City of West Palm Beach Gnnt Award: 5500,000 The Garden Avenue DraiDage Project proposes to utilize a combination of storm water exfiltration trench, swales, and dry retention ponds to treat stormwater runoff from the Garden A venue watershed. The project includes installation of over 1,300 linear feet of exfiltration trench, 2,200 linear feet of grass swales, and excavation of 3.8 acres dry detention area. The stormwater treatment system provides approximately 1.9 inches of rainfiill treatment. . Project Deliverables 1. Quarterly progress reports will be submitted. 2. A final report will be submitted and will include: o Project summary including photographs taken before, during and after construction; o Identification of project benefit(s) to the Lagoon; o Certification of Completion by project sponsor that project has been constructed as proposed; o Total Final Project Cost; o Total Matching Funds; o Total Grant A ward Amount; and o Final invoices and backup documentation. QA Requirements The DEP contract will not reimburse for the monitoring requirements of this project. As such, no quality assurance requirements for this project are incorporated into the referenced Agreement. Protect No. 01-6: Lake Worth LuooD Monitorinl! Palm Beach County Board of County Commissionen Amount: 5110,000 The continuing Lake Worth Lagoon Monitoring Project will consist of various sub-projects with the overalf objective being to determine whether the Lagoon's environmental health is improving based on the implementation of construction projects designed to benefit the Lagoon's habitat and water quality. It is expected that the sub-projects for State Fiscal Year 2002-2003 will include: Fixed seagrass transect monitoring; Sediment evaluation; and Fisheries evaluation. As more Lagoon projects are completed and results of the previous year's monitoring activities become evident. it is expected DEP Agreement No. 80089, Attachment A-I, Page 3 oC 6 that monitoring projects will need to be adapted and/or modified in order to properly evaluate and manage Lake Worth Lagoon activities. Change orders andlor amendments will be requested as needed to address any changes in the monitoring project. DeHverabla 1. Quarterly progress reports will be submitted. 2. A final report will be submitted and will include: o Project summary for each sub-project and a copy of deliverables from all sub-contractors; o Identification of project benefit( s) to the Lagoon; o Certification of Completion by project sponsor that project has been implemented as proposed; o Total Final Project Cost; o Total Matching Funds; o Total Grant Award Amount; and o Final invoices and backup documentation. QA Requirements The DEP contract will reimburse for the monitoring requirements of this project. As such. quality assurance requirements for this project are incorponted into the referenced Agreement pursuant to Attachment E. Prolect No. 01-7: Grant Administration Palm Beach County Board of County Commissionen - Amount: 518,137 . Administrative functions provided by County staff for the Lake Worth Lagoon Restoration and Enhancement Projects include the following: > Preparation and IImnml':tration of subgrants associated with individual projects; > Site iDspections to track compliance with the terms of subgrantees contracts; > Review of subgrantees invoices, progress reports and site inspection reports, consistent with individual contracts and Scopes of Services; . > Preparation of reports submitted to the Department on project status and funding; and > Preparati~n of project modifications to the Scope of Services as may be appropriate and coordination of contract modifications with the Department and subgrantees. DeHverabla 1. Quarterly progress reports will be submitted. 2. Quarterly spreadsheets summarizing expenditures and match credit for each project will be subnuttcd; 3. Quarterly invoices will be submitted (provided there are expenses to be invoiced) with a completed "Payment Request Summary Form and backup documentation. 4. A final report will be submitted and will include: o Summary of all projects completed ciming the grant period; o A copy of any outstanding deliverables due from project sub-contractors; o Summary of project benefit(s) to the Lagoon; o Certification of Completion by project sponsor that project has been implemented as proposed; o Total Final Project Cost; o Total Matching Funds; o Total Grant A ward Amount; and o Final "Payment Request Summary Form" and backup documentation. QA Requirements There arc no monitoring requirements for this project. As such. no quality assurance requirements for this project arc incorporated into the referenced Agreement. REMAINDER OF PAGE INTENTIONALLY LEFf BLANK DEP Agreement No. 80089, Attachment A-I, Page 4 of 6 i 8~~~~ 888 8 8i~ S ~I1H18 {ij 88~~ 8 88~ 8 ~ N .. .2! ~ ~~~ ~ia N . ~ ~~! ~ t.O~lg I gg~S! ~ ill ~ f8 J .... ~N ... ~tIIltCJI_ tit J 1 ... ..: tit .: ..: . ... ... ... ;; .. I ... tit ... ... ... ... il 1&1 g~~~8 888 8 81~ ~ g:gN8 ~ g888 8 888 8 ... N Ii ....N~ '" .. ... i ~ l!i ~ia 8 ~~18 ~ g~gg i gg~S! g ~ll:l g ~ .. ... ... ~ ......:... ;;...~... ~ ... tit 0; !I .,.: .: ~ ... ... ... ... Ii sa~a8 gaa 8 8iBS '" 0880 8 ~a8a 8 888 8 t:;; ! 18'" ... ... J ... ! ~1 I ~! ! j l all g ~ !J ; ~ ... tit I I I J f J C!>> If uu illl II i ~II ~II ~III III f;m; ~ A. II ! ;!188 ,,, I~I lff~ j' 8"11 II~ a I~ J .5i d I I I I I II ' I- t l I Ifi i I '1 1 I Ii Iff I I iJI III Ii Jill Ih du Iii I J ~~ III Is !IJ III I aj I ~ N N \0 I ... i .... J N I 0 j i U') f 11 u 01 . J ! . .. f .. II. ~ - ~ ~ I J J J - ~ ~ ~ I 1:1 U Ei A .I CoI J . .; - .. 1 I - -< S lD i =- c: s J ~ I =- J ~ I =- CJ fIJ t8 ~ s ~ ~ ! 0 a 111 a j III Cl a w III t z: ~ <.J 'liS ~ <.J ~ - II) ~ II) II) 1:1 (.) Q. 0 Q. Q. ~ CD a .. 0 ... N .., ~ In '9 ~ ~ z N N N N 1:1 e ~ z 0 0 0 0 0 .. ~ ~ ~ Q it 1 Iii i !Q ... .l:t I,HeJ II ; if" f; I~I-U i i h. ILl Jf f.j oS ~ 'eS- . i' I fj ~ 8 ifi lId uiu I :~f !~ I- i jJi l~jJ j )f~1 J_ J>j J 6 JIJ JIII-~!I ~~i: I -IJ ~ ~ ~, ~ Ii i Ii Ifl K:; :;: I : IJi) J I I I ~ I ~: l I ~ Ill;l ll: I :;". i'l: J! ~ ~ i i I Iii; L:fi U:;:; :;. · I}I 5J I ~ ~ a a I ~9J; h" I:; - - SIll: ~ I ~!! !; I all; I 8 0 a a ~ aa 8 A! " ! I w - . II" I t U jj J~ II H Hi. ~- Is Ji-' ~j~f ~J c l c ~ aI ~ ] I i! ~ ....~ '5 ~ I o aI ~ Q) S a::: - <II W .9 ~ ~ ~ ~ :z ;:!; ~ o 0 0 .. ."r ! "IN 0 00 ~ ~~ ww OU alai 0.0. ... N o N N Zoo ~ ~ I I I S II1II n I I r jJ i II i i '1',- f! 1 u15 aI I! i '1. . '0 II! 'ii I! f i I ... f. !l! ) il IJ! II t ! I, hi U I i It III ii J I iii i!! II I J! if Iii II i J f.! Ih !I i i III Jill Il'i ~I! 11 j1l 1; i. i fillU 1(1 Ii j iil ilJ ifl~ !J! HI HIli ~1 i Ills !il "-1 If ~ I ~ i ~ fl .t il~ ~ ~ .!lIlt till j J i; e 1/1 'HI if! H f !~ o'lv 5 I '5:2 "' f Jilt il J!! Iii ~iili 1,1 i! g .!I Ii j ~ I a1. ~ ~ I j : oS II I '5 S l IIi a:J; " ~f ~ I~ f = 'S:5=: .i,; ~I!. II ~j ~ If 1i I -Jf ;~; . ~o : J&~ ! It ~j ~ - - < - 1:1 a .l:l ~ ~ -< :i g l'I.l (I) Z - = u Ei ! 01 -< ~ liI1 Q \0 '; \0 :. . - ~ - A'ITACHMENT C-I REVISED SPECIAL AUDIT REQUIREMENTS The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the "Department", "DEP", "FDEP" or "Grantor", or other name in the contract/agreement) to the recipient (which may be referred to as the "Contractor", Grantee" or other name in the contract/agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection. as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff; limited scope audits as defined by OMB Circular A-l33, as revised, and/or .Jther procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is' appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-13~, as revised. 1. In the event that the recipient expends S5OO,000 or more in Federal"awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT I to this Agreement indicates Federal funds awarded through the D~ of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal year, the recipient sball consider all sources of Federal awards, including Federal resources received from the Department of Environmental Protection. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised An audit of the recipient conducted by the Auditor General in accordance with the provisions ofOMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised 3. If the recipient expends less than S5OO,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the recipient expends less than S5oo,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions ofOMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such an audit must be paid from recipient ~sources obtained from other than Federal entities). 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at htto://12.46.24S.I73/cfdalcfda.html. DEP 55-215 (04105) DEP Agreement No. 50089, Attachment C-l, Page 1 of S PART n: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(1), Florida Statutes. 1. In the event that the recipient expends a total amount of State financial assistance equal to or in excess of $500,000 in any fiscal year of such recipient. the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive Office of the Governor and the Chief Financial Officer; and Chapters 10.550 (local governmental entities) or 10.6S0 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this Agreement indicates State financial assistance awarded through the Department of Environmental Protection by this Agreement. In determining the State financial assistance expended in its fiscal year, the recipient shall consider all sources of State financial assistance, including State financial assistance received from the Department of Environmental Protection, other state agencies, and other nons1ate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part n, paragraph 1, the recipient shall ensure that the audit complies with the requirements of Section 21S.97(7), Florida Statutes. This includes submission oca financial reporting package as defined by Section 21S.97(2)(d), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the recipient expends less than $500,000 in State financial assistance in its fiscal year, an audit conducted in accordance. with the provisions of Section 21S.97, Florida Statutes, is not required. Iil the event that the recipient expends less than $Soo,ooo in State financial assistance in its fiscal year, and elects to have an audit conducted in accordaDce with the provisions of Section 21S.97, Florida Statutes, the cost of the audit nmst be paid from the non-State entity's resources (i.e., the cost of such an audit must be paid from the rqiep.t's resources obtained from other than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at httD:l/state.fl.us/fsaalcataloll or the Governor's Oftice oC Policy and Budget website located at htq;.:/Iwww.mvtlorida.comlmvtloridalllovemmentlcontactslonbOffice.html for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website httD:/Iwww.1e2.state.fl.us/. Governor's Website httD:/Iwww.mvflorida.coml. Department of Financial Services' Website httD:/lwww.dbf.state.fl.us/and the Auditor General's Website htq):/Iwww.state.fl.us/audllCD. PART ill: OTHER AUDiT REQUIREMENTS (NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity thllt are solely a matter of that State awarding entity's policy (i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(7)(m), Florida Statutes, State agencies may conduct or an'ange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes, In such an event, the State awarding agency must an'ange for funding the full cost of such additional audits,) PART IV: REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this Attachment shall be submitted, when required by Section .320 (d), OMB Circular A-B3, as revised, by or on behalf of the recipient directlv to each of the following: DEP 55-215 (04105) DEP Agreement No. 50089, Attachment C-l, Page 2 of 5 ',I. A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General. MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(l) and (2), OMB Circular A-133, as revised. should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (t), OMB Circular A-133, as revised. 2. Pursuant to Section .320(t), OMB Circular A-133, as revised. the recipient shall submit a copy of the reporting package descnbcd in Section .320(c), OMB Circular A-133, as revised, and any management letters issued by the auditor, to the Department ofEnviromnental Protection at the following address: Audit Director Florida Department ofEnvironmcnta1 Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tllllaha!l-'see, Florida 32399-2400 3. Copies of fmancial reporting packages required by PART II of this Attachment shall be submitted by or on behalf of the recipient direcdv to each of the following: A. The Department ofEnviromnental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspcc:tor General, MS 40 2600 Blair Stone Road Tlll1ahll'l'Jee, Florida 32399-2400 B. The Auditor General's Office at the following address: State of Florida Auditor General Room 401, Claude Pepper Building III West Madison Street Tallahassee, Florida 32399-1450 REMAINDER OF PAGE INTENTIONALLY LEFf BLANK DEP 55-215 (04/05) DEP Agreement No. 80089, Attachment C-l, Page 3 of 5 , -j,' 4. Copies of reports or management letters required by PART ill of this Attachment shall be submitted by or on behalf of the recipient dire!;;tlv to the Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 5. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10,650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with OMB Circular A-133, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Ag:recmcnt for a period of S years from the date the audit report is issued, and shall allow the Departlnent of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Depa.rtment of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 yean from the date the audit report is issued, unless extended in writing by the Dcpa.rtmeDt of Environmental Protection. REMAINDER OF PAGE INTENTIONALLY LEn BLANK DEP 55-215 (04105) DEP Agreement No. 50089, Attachment Cot, Page 4 of 5 I i-< ~ [;IiI = .~ r; ~'C ~ b3 e ~ lS:U <: I ~ .6 "tl 9 f.<. ~ :I l " ~ ';l f=: .. <: ; ~ ... " 't: 1 " U -= e ,J ~ -!! S <:i -= .. :I ~z l: :I llo ... :I .. :e ~ i .. -!! S ~ 'i I 'CJ .. .. ~ ~ :I " i ] ii ;; .. "Bo .. ! f.<.ctz = .~ ~ ~ ~ '[ ~ Cl)e~ v lS:U <: ~ r.;: ~ ~ III ~ 8 - ~ ... <: :I .; .i v;' i "tloo 9 v. S f.<.:;;: 1 .= ~ :I Vol ~ .::;: ~ :1 ~ 1;; :I ~ 0 Ii " " !~ ClIl:<:: Q E-< " ~<: ... 0 ~ ~'E' if.<. "llo &r3 (fl t!! If i (fl ~ .. 9 ".Y -!! 1~ ... f.<. " ... !1 ~ ... :I " U -= <:i~ e f.<. '" (fl ~ ~ uz'" ! u'" s ">08 _ t'l -= S] , .. (fl. 8 :I l: f.<.t'l l. ii I] .. :e ~ J ~ .. ; I.J~ s 11 IJj 'e ~ .. ~ ~1~ e .. :I --= " "~i i 1!5b .! ~ !l (flJ:z 8tb :l <: Vol Ci ~ ..J o f.<. ~ 1= f.<. o iii fii 6 U ffi :::E ~ ~ ~ Vol ~ ~ I ~ ; ~ ~ @ ~ ~ <: ~ = 0 .Y:e i ~ e~ lS:U ~ <: .. it ;:: 0 .. :I llo ~ ;; .. <: .. .6 'CJ .. ~ "tl .. ; .Si f.<. Ii t :I " Ii ~ :I :a ~ .. ::s1 ~ l .!! - f=: ~ <: .. ~ ; ... " 't: 'Ii! :I " U j ! .. ~ .i <: i fil U :I 5 llo ii i ~ ~ ~ ~ <: s I 1 f.<. ~ e t:l ! i! ~ ... .. ie1 3 f.<.IloZ Vol <~ fil rl U '" . ~ ~ ti 1:: ~ = Co = ~'il8 or;;.!:! I) "'i:-5 <: " = u rn._ .::: ""tl 8 ~ ~ ~ 0 o ..- 8 Q~"tl ""= .,.; _ 0.- 00 f! 'B ~ v ~Bl; N ":a " ..., f.<. U '0 ~.~ 1 ~~ ~ <; lO:i 'e. <: 0; .Y . ] use fJ~fJ -5~-5 .6! ;., "0 ~,I:) ~~1 rl (fl c:r ~~e :18'5 e~o; e e t,)._ >,. '5~ ~ [- . I'll ei<.'il Coi .~ ~(fl'" -5........ 'Ii 0 0 ;.,J ti- lab! '" o ti ... u ~ g " '" =.~ = i ';10:8 - " llo e.!-5 ..; .- 6 ~ .eo ... . ell -= ~....~ e .l il j ~ S ":B1l < llug ~ 1~.8 = = ~o Vol "0"'- 0 .- ~ ~ :z i~~ ~ -= a~~ ~ e '5~~ on ~ ;:;; :J~-= on < '" llo ... g.j3 0- ~ ~e~ '" 0 STAlE OF noRlDA,. COUNTY OF PALM BrACH I. SHA.RON R. BOCK. Clerk & Comptroller GQ~tif\, 'hl:;; !Q 00 a tr..:e aIld correct copy of th? oris~:;wl Ciled in Ilr{ fJti!;e 0.'1 '.llN 2 1 2lffi es! ~I BaaW.