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
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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
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"pq........... C;,
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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
,
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~ .-:,
.:)'>.
::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
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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
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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.