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R06-138 1 RESOLUTION R06- '38 2 3 A RESOLUTION OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, AUTHORIZING EXECUTION OF 5 AN INTERLOCAL AGREEMENT BETWEEN THE 6 CITY OF BOYNTON BEACH AND PALM BEACH 7 COUNTY FOR THE REMOVAL OF INVASIVE NON- 8 NATIVE PLANT SPECIES IN THE QUANTUM PARK 9 SITE; AND PROVIDING AN EFFECTIVE DATE. 10 11 WHEREAS, Palm Beach County Board of Commissioners has established and 12 funded a grant program to financially assist municipalities and other public agencies with 13 the removal of invasive non-native vegetation from publicly owned lands; and 14 WHEREAS, the Recreation and Parks Department has applied for and has been 15 awarded a $5,000 grant to remove invasive non-native plant species at the Quantum Park 16 Site; 17 WHEREAS, the City Commission of the City of Boynton Beach upon 18 recommendation of staff, deems it to be in the best interest of the citizens of the City of 19 Boynton Beach to authorize execution of the Interlocal Agreement with Palm Beach County 20 in furtherance of an approved invasive non-native plant species removal project for 21 Quantum Park Site, a copy of which is attached hereto and made a part hereof. 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 23 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 24 25 being true and correct and are hereby made a specific part of this Resolution upon adoption 26 hereof. Section 2. Upon recommendation of staff, this Commission does hereby 27 28 authorize execution of this Interlocal Agreement between the City of Boynton Beach and S:\CA\RESO\Agreements\lnterlocals\lnterlocal - Invasive non-native plant removal (Quantum).doc II Palm Beach County in furtherance of an approved invasive non-native plant species removal 2 project for Quantum Park Site, which Agreement is attached hereto and made a part here. 3 Section 3. That this Resolution shall become effective immediately upon 4 passage. 5 PASSED AND ADOPTED this ~ day of August, 2006. 6 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 CITY OF BOYNTON BEACH, FLORIDA ') / rnmission - ~../ .~ (r a t!--.-.J Commissioner - MUIr C. F guson ATTEST: ~1n. ~ C y Clerk S:\CA\RESO\Agreements\lnterlocals\lnterlocal - Invasive non-native plant removal (Quantum).doc ROb-128 INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY AND CITY OF BOYNTON BEACH DISTRICT 3 This Interlocal Agreement (hereinafter "Agreement") is made the /6 -R day of ~ , 200 ~ between the City of Boynton Beach, a municipality located in Palm Beach County, Florida (hereinafter "Grantee") and Palm Beach County, a political subdivision of the State of Florida, (hereinafter "County"), each one constituting a public agency as defined in Part I of Chapter 163, Florida Statutes. WITNESSETH WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1969" authorizes local governments to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities that will harmonize geographic, economic, population and other factors influencing the needs and development of local communities; and WHEREAS, Part I of Chapter 163, Florida Statutes, permits public agencies as defined therein to enter into interlocal agreements with each other to jointly exercise any power, privilege, or authority which such agencies share in common and which each might exercise separately; and WHEREAS, pursuant to Chapter 125.01, Florida Statutes, the Board of County Commissioners of Palm Beach County is empowered to establish and administer programs of conservation and to enter into agreements with other governmental agencies within or outside the boundaries of the County for joint performance, or performance of one unit on behalf of the other, of any of either governmental entity's authorized functions; and \VIIEREAS, certain species of prohibited invasive non-native vegetation are spreading rapidly into natural areas in the County, displacing native vegetation, destroying wildlife habitat and creating undesirable vegetative monocultures; and WHEREAS, certain species of prohibited invasive non-native vegetation have a variety of noxious qualities. including, but not limited to, adverse effects on human health, hazards to public safety, and undesirable aesthetics in the County; and WHEREAS, the 1989 Comprehensive Plan, as amended, mandates that the County shall continue efforts to eradicate prohibited invasive non-native vegetation; and WHEREAS, the nine prohibited invasive non-native plant species (Air Potato, Australian Pine, Brazilian Page I Pepper, Carrotwood, Earleaf Acacia, Kudzu, Old-world Climbing Fern, Melaleuca, and Queensland Umbrella Tree) are also found in both unincorporated and incorporated areas of the County; and WHEREAS, eradication of prohibited invasive non-native vegetation will require the combined efforts of the municipalities and the County to stop their spread; and WHEREAS, the Board of County Commissioners has established and funded a grant program to financially assist municipalities and other public agencies with removal of this invasive non-native vegetation from publicly owned lands and related educational activities, and NOW, THEREFORE, in consideration of the mutual representations, terms, and covenants hereinafter set forth, the parties hereby agree as follows: ARTICLE 1 - PROJECT TO BE COMPLETED BY THE GRANTEE: The Grantee agrees, during the term of this Agreement, to assist in the removal of invasive non-native vegetation within the County as specifically set forth in Exhibit A attached hereto and made a part hereof. The Grantee shall coordinate work on the project with the County's Department of Environmental Resources Management, hereinafter referred to as the Sponsoring Department, and shall submit all invoices, reports and records to the Sponsoring Department, as specifically set forth in Exhibit B and Article 8, hereof. ARTICLE 2 - PAYMENTS TO GRANTEE/REIMBURSABLE: The County shall pay to the Grantee as reimbursement of the Grantee's expenses, an amount not to exceed 5,000.00, provided the Grantee completes the removal project as described in Exhibit A, and meets the estimated match requirement of $5,000.00 as noted in Exhibit A. Activities eligible for match requirements include (actual) contributions (e.g., equipment usage/direct operating expenses/in-kind services), funding from other non-County grants and replacement planting with vegetation native to Florida. Costs related to in-kind services (e.g., planning & design) shall be limited to salaries and fringe benefits. Only those costs incurred after the effective date of the Agreement will qualify as matching funds. County funding can be used to match grants from other non-County sources; however, the Grantee cannot submit reimbursement requests for the same expenses to more than one funding source or under more than one County-funded program. The Grantee will bill the County upon completion of the project, for expenses actually incurred and paid, up to the amounts set forth in Exhibit A for the project. The Grantee shall be reimbursed on a cost reimbursement basis for all eligible project costs upon receipt and acceptance by the Page 2 County of a properly completed Payment Request Summary Form, provided as Exhibit B. In support of the Payment Summary form, the Grantee must also provide, from its accounting system, a listing of expenditures in detail sufficient to evidence actual payment and that said expense was necessary in the performance of the Scope of Work described in Exhibit A. The Grantee shall supply any further documentation such as copies of paid receipts, canceled checks, invoices or other documents deemed necessary by the County. All supporting invoices and receipts must clearly state that goods and/or services were invoiced to Grantee and not to an individual or "Cash." In the case of reimbursement for a portion of a salary, the canceled check submitted as invoice must be payable to the referenced individual and memorandum as such on the check. Reimbursement requests received from the Grantee will be reviewed and approved by the Department of Environmental Resources Management, 2300 North Jog Road, 4th Floor, West Palm Beach, FL 33411-2743, which will indicate that the expenditures have been made in conformity with this Agreement and send the payment request to the County's Finance Department for final approval and payment. The invoice must be submitted along with a final report, as described in Article 8 below. ARTICLE 3 - AVAILABILITY OF FUNDS: The obligations of the County under this Agreement are subject to the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of Palm Beach County. ARTICLE 4 - INSURANCE: A. Without waiving the right to sovereign immunity as provided by Section 768.28, Florida Statutes, the Grantee acknowledges to be self-insured for General Liability and Automobile Liability under Florida sovereign immunity statutes with coverage limits of $100,000 Per Person and $200,000 Per Occurrence; or such monetary waiver limits that may change and be set forth by the legislature. B. In the event the Grantee maintains third-party Commercial General Liability and Business Auto Liability in lieu of exclusive reliance of self-insurance under Section 768.28, Florida Statutes, the Grantee shall agree to maintain said insurance policies at limits not less than $500,000 combined single limit for bodily injury or property damage. C. The Grantee agrees to maintain or to be self-insured for Worker's Compensation & Employer's Liability insurance in accordance with Florida Statutes, Chapter 440. Page 3 D. When requested, the Grantee shall agree to provide an affidavit or Certificate of Insurance evidencing insurance, self-insurance and/or sovereign immunity status, which County agrees to recognize as acceptable for the above mentioned coverages. The Certificate Holder will be: Palm Beach County, Dept. of Environmental Resources Management, 2300 North Jog Road, 4th Floor, West Palm Beach, FL 33411-2743. E. Compliance with the foregoing requirements shall not relieve the Grantee of its liability and obligations under this Interlocal Agreement. ARTICLE 5 - INDEMNIFICATION: Without waiver oflimitation as provided for in Section 768.28(5), Florida Statutes, and to the extent permitted by law, the County agrees to indemnify and hold harmless the Grantee from any claims, losses, demands or cause of action of whatsoever kind or nature that the Grantee, its agents or employees, mayor could sustain as a result of or emanating out of the terms and conditions contained in this Agreement that result from the County's negligence or willful misconduct. Without waiver of limitation as provided for in Section 768.28(5), Florida Statutes, and to the extent permitted by law, the Grantee agrees to indemnify and hold harmless County from any claims, losses, demands or cause of action of whatsoever kind or nature that the County, its agents or employees, mayor could sustain as a result of or emanating out of the terms and conditions contained in this Agreement that result from the Grantee's negligence or willful misconduct. Nothing herein shall be construed as a waiver of sovereign immunity by either party, pursuant to Section 768.28, Florida Statutes. ARTICLE 6 - WARRANTY/PERSONNEL: The Grantee warrants that all project-related services shall be performed by skilled and competent personnel to the highest professional standards in the field. The Grantee further represents that it has, or will secure at its own expense, all necessary personnel required to complete the project under this Agreement, and that they shall be fully qualified and, if required, authorized, permitted and/or licensed under State and local law to complete such project. Such personnel shall not be employees of or have any contractual relationship with the County. ARTICLE 7 - EQUAL OPPORTUNITY PROVISION: The County and the Grantee agree that no person shall, on the grounds of race, color, sex, age, national origin, Page 4 disability, religion, ancestry, marital status, or sexual orientation be excluded from the benefits of, or be subjected to any form of discrimination under any activity carried out by the performance of this Agreement. ARTICLE 8 - GRANTEE'S PROJECT-RELATED AGREEMENTS: The Grantee further agrees: 1. To allow the County through its Sponsoring Department to monitor Grantee to assure that the project is completed as outlined in the Exhibit A. 2. To provide the funds for the balance of the project not funded by the County. 3. To maintain books, records, documents, and other evidence which sufficiently and properly reflects all costs of any nature expended in the performance of this Agreement. 4. That all records shall be subject to the Public Records Law, Chapter 119, Florida Statutes. 5. That the County shall be promptly reimbursed for any funds which are misused or misspent. 6. To complete the project, and submit a final 1-2 page project report to the County by the Agreement expiration date noted in Article 11 below. The final report shall include a Payment Request Summary Form along with documentation, as described in Article 2 above, and a copy of a brief press release highlighting the successes of the project and acknowledging the contribution of the grant towards the project success. Failure to submit completed reports within the specified time frame will result in a delay in payment and/or termination of this Agreement. ARTICLE 9 - ACCESS AND AUDITS: Grantee shall maintain adequate records to justify all charges, expenses and costs incurred in accordance with generally accepted accounting principals. The County shall have access to all books, records, and documents as required in this section for the purpose of inspection or audit during normal business hours during the term of this Agreement and for at least three (3) years after completion of the project. ARTICLE 10 - PUBLIC ENTITY CRIME CERTIFICATION: As provided in F.S. 287.132-133, by entering into this Agreement or performing any work in furtherance hereof, the Grantee certifies that its suppliers, subcontractors and consultants who will perform hereunder, have not been placed Page 5 on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by F.S. 287.133 (3) (a). ARTICLE 11- EFFECTIVE TERM/TERMINATION: The term of this Agreement shall be effective on the date of execution of the Agreement by both parties and shall continue in full force until July 31, 2007, unless otherwise terminated as provided herein. This Agreement may be terminated by either party upon thirty (30) days written notice by the terminating party to the other party, provided that the County will not arbitrarily or unreasonably deny funding to Grantee under the terms and conditions set forth herein. ARTICLE 12 - NOTICES: The County's representative/grant manager during the term of this Agreement is identified as: Department of Environmental Resources Management Attn: Director 2300 North Jog Road, 4th Floor West Palm Beach, FL 33411-2743 (561)233-2400 Fax: (561) 233-2414 The Grantee's representative/grant manager during the term of the Agreement is identified as: Jody Rivers, Parks Superintendent City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 (561) 742-6226 All notices required to be given under this Agreement shall be deemed sufficient to each party when delivered by United States mail to the County and Grantee representative/grant manager identified above, respectively, and with a copy to the Palm Beach County Attorney's Office, 301 North Olive Avenue, Sixth Floor, West Palm Beach, FL 33401. Page 6 ARTICLE 13- ENFORCEMENT COSTS Any costs or expenses (including reasonable attorney's fees) associated with the enforcement of the terms and/or conditions of this Agreement shall be borne by the respective parties provided, however, that this clause pertains only to the parties to this Agreement. ARTICLE 14- COMPLIANCE WITH LAW The Grantee shall comply with all applicable federal, state and local rules and regulations in providing services under this Agreement. The Grantee acknowledges that this requirement includes compliance with all applicable federal, state and local health and safety rules and regulations. The Grantee further agrees to include this provision in all subcontracts issued as a result of this Agreement. ARTICLE 15- REMEDIES This Agreement shall be construed by and governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power or remedy hereunder shall preclude any other or further exercise thereof. ARTICLE 16- SEVERABILITY In the event that any section, paragraph, sentence, clause or provision hereof be held by a court of competent jurisdiction to be invalid, such shall not affect the remaining portions of this Agreement and the same shall remain in full force and effect. ARTICLE 17 - ENTIRETY OF AGREEMENT The Grantee agrees that the Scope of Work has been developed from the Grantee's funding application and that the County expects performance by the Grantee in accordance with such application. In the event of a conflict between the application and this Agreement, this Agreement shall control. The County and the Grantee both further agree that Page 7 this Agreement sets forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Agreement may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. ARTICLE 18 - COUNTY'S AUTHORITY TO EXECUTE AGREEMENT The Board of County Commissioners of Palm Beach County, Florida delegated the authority to execute this Agreement to the County Administrator, the Director and Deputy Director of the Department of Environmental Resources Management on February 25, 2003. IN WITNESS WHEREOF, the Board of County Commissioners of Palm Beach County, Florida has made and executed this Agreement on behalf of the County and Grantee has hereunto set his/her hand the day and year above written. CITY OF BOYNTON BEACH, FLORIDA, BY ITS COMMISSION PALM BEACH COUNTY, FLORIDA FOR ITS BOARD OF COUNTY COMMISSIONERS -/7-ofo By: I- ichard E. Walesky, Direct r a e Environmental Resources Management f!- Date ~ 8-17-06 Date APPROVED AS TO FORM AND LEGAL SUFFICIENCY: BY:~~ Assistant County Attorney ~f-' ~ J!lfH1 Page 8 ~STATE .~ATIONAL IIII\IIIAHCICOWANY STATE NATIONAL INSURANCE CO. dERTIFICATE OF INSURANCE I I I I DATE ISSUED: 10/10/05 I PRODUCER This cert,ificate is issued as a matter of information only and confers no rights upon Arthur J. Gallagher & Co the certi~cate holder. This certificate DOES NOT amend, extend or alter the coverage 2255 Glades Road afforded by the policies below. Suite 400 E. I Boca Raton, FL 33431 COMPANIES AFFORDING COVERAGE COMPA1Y (A) STATE NATIONAL INSURANCE COMPANY INSURED COMPA! (B) City of Boynton Beach, FL 100 E. Boynton Beach Blvd. COMPA~ (C) Boynton Beach, FL 33435 COMPA~~ (D) i COVERAGES This Is to certify that the policies of Insurance listed below ave been Issued to the Insured named above for the policy period Indicated, notwithstanding any requirement, tenn or condition of any contr ct or other document with respect to which this certificate may be Issued or may pertain, the Insurance afforded by the policies described herein i s subject to all the tenns, exclusions and conditions of such policies. Limits shown may have been reduced by paid claims. . co TYPE OF INSURANCE POLICY NUMBER PO~~; EFFECTIVE POLICY EXPIRATION LIMITS LTR DAT IIMMlDDNV\ DATE IMMlDnNV'I GENERAL LIABILITY 10/1J5 A Ill! COMMERCIAL GENERAL LIABILITY MDB 02668 14 10/1/06 GENERAL AGGREGATE ~ lJ CLAIMS MADE Ill! OCCUR. I PRODUCTS-COMP/OP AGG lJ OWNER'S & CONTRACTOR'S PROT I EACH OCCURRENCE I FIRE DAMAGE (anyone fire) MED. EXPENSE (anyone person) AUTOMOBILE LIABILITY Not +Pllcable A lJ ANY AUTO Not Applicable Not Applicable COMBINED SINGLE LIMIT ~ lJ ALL OWNED AUTOS BODILY INJURY lPW...-1 lJ SCHEDULED AUTOS I BODILY INJURY lP--l o HIRED AUTOS I PROPERTY DAMAGE o NON-OWNED AUTOS I ! lJ GARAGE LIABILITY i EXCESS LIABILITY I A o UMBRELLA FORM I EACH OCCURRENCE $5,000,000. Ill! OTHER THAN UMBRELLA FORM MDB 02668 14 10/1/l 5 10/01/06 AGGREGATE $10,000.000. WORKERS' COMPENSATION MDB 02668 14 10/1/l5 10/01/06 STATUTORY LIMITS Statutory AND EMPLOYERS' LIABILITY EACH ACCIDENT DISEASE-POLICE LIMIT DISEASE-EACH EMPLOYEE XXX)( - POLICY SUBJECT TO SIR As per General Endor.sement SNS GEN ( 1. I ...............................................................................................................................................................J..................................................................................................................................-................................................................. DESCRIPTION OF OPERATIONS/LOCATIONSNEHICL S/SPECIAL ITEMS - All operations usual to a City Government including Palm Beach County Board of County Commissioners, 1 political subdivision of the State of Florida, its officers, employees and agents as additional insured as their interests may appea throughout the policy period for municipal.activities in coordination and/or ....~.~J.~!].0.!gr.!..~~.~~..~~.!~..!?~~~~..9.g~.~.~..!?.~~E9...9.f...~g~.~.~..g9..~.~.!~~!9..~~.~:...~!!..~!~~E.!~.~~..~!].9...~~r.!s!.!~~.~.~..9..f..!?9..!!~y...r.~~~.!r.!y!).~~~!).fl~.~.:........... CERTIFICATE HOLDER I I Palm Beach County Board of County ~1~Uld any of the above described policies be cancelled before the expiration d~e thereof, the issuing company will endeavor to mail 30 days written notice to Commissioners th. certificate holder named to the left, but failure to mall such notice shall impose Risk Mgt. Dept. n9 obligation or liability of any kind upon the company, its agents or 160 Australian Ave. reresentatlves. West Palm Beach, FL 33406 I L Attention: Dick Cohen L~ ~ W-. __ A~thorlzed signature: i / - Sandra M. Donaghy I I Meadowbrook Insurance Group I I .Ct:fn"IFICA TE OF COVERAGE Certificate Holder ATTN DICK COHEN PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS RISK MANAGEMENT DEPARTMENT 160 AUSTRALIAN AVENUE WEST PALM BEACH FL 33406 .---. ~ Administrator Issue Date 10/10/05 Florida League of Cities, Inc. Public Risk Services P.O. Box 530065 Orlando, Florida 32853-0065 COVERAGES THIS IS TO CERTIFY THAT THE AGREEMENT BELOW HAS BEEN ISSUED TO THE DESIGNATED MEMBER FOR THE COVERAGE PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE COVERAGE AFFORDED BY THE AGREEMENT DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH AGREEMENT. COVERAGE PROVIDED BY: FLORIDA MUNICIPAL INSURANCE TRUST AGREEMENT NUMBER: FMIT 0055 I COVERAGE PERIOD: FROM 10/1/05 I COVERAGE PERIOD: TO 10/1/0612:01 AM STANDARD TIME TYPE OF COVERAGE - LIABILITY TYPE OF COVERAGE - PROPERTY General Liability o Comprehensive General Liability, Bodily Injury, Property Damage and Personal Injury o Errors and Omissions Liability o Supplemental Employment Practice o Employee Benefits Program Administration Liability o Medical Attendants'lMedical Directors' Malpractice Liability o Broad Form Property Damage o Law Enforcement Liability o Underground, Explosion & Collapse Hazard Limits of Liability . Combined Single Limit Deductible N/A Automobile Liability [8J All owned Autos (Private Passenger) [8J All owned Autos (Other than Private Passenger) [8J Hired Autos [8J Non-Owned Autos Limits of Liability . Combined Single Limit Deductible N/A Automobile/Equipment - Deductible o Buildings o Basic Form o Special Form o Personal Property o Basic Form o Special Form o Agreed Amount o Deductible N/A o Coinsurance N/A o Blanket o Specific o Replacement Cost o Actual Cash Value o Miscellaneous o Inland.Marine o Electronic Data Processing o Bond o Limits of Liability on File with Administrator TYPE OF COVERAGE - WORKERS' COMPENSATION o Statutory Workers' Compensation o Employers Liability $1,000,000 Each Accident $1,000,000 By Disease $1,000,000 Aggregate By Disease o Deductible N/A o [8J Physical Damage Per Schedule - Comprehensive - Auto Per Schedule - Collision - Auto Per Schedule - Miscellaneous Equipment Other The limit of liability is $2,000,000 (combined single limit) bodily injury and/or property damage each occurrence in excess of a self-insured retention of $ 100,000. This limit is solely for any liability resulting from entry of a claims bill pursuant to Section 768.28 (5) Florida Statutes or liability imposed pursuant to Federal Law or actions outside the State of Florida. Description of Operatlons/LocationsNehicles/Specialltems I I Re: Events, activities, elections and functions authorized by the certificate holder involving the designated member while being held upon the premises of the certificate holder. ~ CERTIFICATE OF COVERAGE ISSUED ON 11/4/05 D!signated Member U' Administrator- - Producer City of Boynton Beach '.: Public Risk Underwriters Acordia Southeast P.O. Box 310 ' . P.O. Box 958455 501 S. Flagler Dr. #600 Boynton Beach, FL 3342503 ' , Lake Mary, FL 32795-8455 West Palm Beach, FL 33401 COVERAGES: THIS IS TO CERTIFY THAT TIm AGREEMENT BELOW HAS BEEN ISSUED TO THE DESIGNATED MEMBER FOR THE COVERAGE PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, TIm COVERAGE AFFORDED BY THE AGREEMENT DESCRIBED HEREIN IS SUBJECT TO ALL TIm TERMS, EXCLUSIONS AND CONDITIONS OF SUCH AGREEMENT. ' COVERAGE PROVIDED BY: PREFERRED GOVERNMENTAL INSURANCE TRUST AGREEMENT NUMBER: PK FLl 0502003 05-02 I COVERAGE PERIOD: FROM 10/0112005 TO 10/01/2006 12:01 AM STANDARD TIME LIABILITY COVERAGE WORKERS' COMPENSATION COVERAGE o Comprehensive General Liability, Bodily Injury, Property Damage and Personal Injury Limit Deductible o SelfInsured Workers' Compensation Self Insured Retention o Statutory Workers' Compensation Deductible o Employers Liability $1,000,000 Each Accident $1,000,000 By Disease $1,000,000 AIlQI'e2ate Disease AUTOMOBILE COVERAGE 0 Public Officials Liability ! Limit Deductible 0 Employment Practices Liability Limit Deductible 0 Employee Benefits Liability Limit Deductible 0 Law Enforcement Liability Limit Deductible PROPERTY COVERAGE 0' Buildings & Personal Property Limit $134,629,379 TN Deductible $10,000 Note: See coverage agreement/or details on wind, flood, and other deductibles 0' Rented, Borrowed and Leased Equipment Limit $50,000 TIV Deductible See Schedule 0' All other Inland Marine Limit $7,371,808 TIV Deductible See Schedule Automobile Liability Limit Deductible o All Owned Autos o Specifically Described Autos o Hired Autos o Non-Owned Autos Automobile Physical Damage o Comprehensive Deductible o Collision Deductible o Hired & Non-Owned Autos, with limit of NOTE: The limit of liability is $100,000 Bodily Injury and/or Property Damage per person or $200,000 Bodily Injury and/or Property Damage per occurrence. These specific limits of liability are increased to limits shown above per occurrence, solely for any liability resulting from entry of a claims bill pursuant to Section 768.28 (5) Florida Statutes or liabilitv imDosed DUI'SUant to Federal Law or actions outside the State ofFlorida. Description of Operations/LocationsN ehides/Special items: Certificate holder is named as additional covered party per the attached form PGIT 902 (10 04) This section conwleted by member's arrent, who bears conwlete resoonsibility and liabilitv for its accuracY. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE AGREEMENT ABOVE. Certificate Holder Palm Beach County BOCC Risk Management Dept. Richard Cohen 160 Australian Ave. West Palm Beach, FL 33408 CANCELLATIONS SHOULD ANY PART OF THE ABOVE DESCRIBED AGREEMENT BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, PREFFERRED GOVERMENTAL INSURANCE TRUST wn.L ENDEAVOR TO MAlL 45 DAYS WRITl'EN NOTICE TO THE CERTIFICATE HOLDER NAMED ABOVE, BUT FAILURE TO MAlL SUCH NOTICE SHALL IMPOSE NO OBUOATION OR LIABILrrY OF ANY KIND UPON THE PROGRAM, rrs AGENTS OR REPRESENTATIVES. /IIWJ j cf4 AUTHORIZED REPRESENTATIVE PGIT-CERT (08/0~) 09/30/2005 ~)t ~\Ar\ P\ ., PALM BEACH COUNTY PUBLIC LANDS GRANT PROGRAM 2006-2007 INVASIVE NON-NATIVE VEGETATION REMOVAL ADMINISTRATIVE INFORMATION Project Title: Quantum Park Contact Person: Jody Rivers ContactTitle: Parks Superintendent Contact Agency: City of Boynton Beach Contact Mailing Address: P.O. Box 31 0 City: Boynton Beach Zip: Florida Contact Phone: 561-742-6226 Contact E-mail: riversj@cLboynton-beach.fl.us PROIECT INFORMATION Amount of Grant Request: $5,000.00 Total Project Cost: $5,000.00 Matching Funds Available? If yes, describe the specific sources and amounts: Yes, $5,000.00 in matching funds is available in the Capital Improvements Program budget for FY2006-2007. Estimated Project Start Date: November 2006 Estimated Project Completion Date: April 2007 Minimum Criteria Description Describe. in detai!, in the space provided, how this project meets each of the six (6) minimum criteria. Ifmore space is required, please attach a separate page and note question number. 1. Project must be submitted by a qualified applicant and must be designed to remove one or more of the County's nine prohibited plant species (Air potato, Australian pine, Brazilian pepper, carrotwood, earleaf acacia, kudzu, old-world climbing fern, melaleuca, umbrella tree). Brazilian pepper, earleaf acacia, Australian pine and melaleuca will be removed from this site. 2. Project must be located on public lands managed or maintained for greenspace, or preservation/conservation. The project site is owned by the City of Boynton Beach and is maintained as greenspace, reserved for future park use. 3. Project cannot be a required mitigation project with an invasive plant removal requirement. This project is not a required mitigation project. Public Lands Grant Program Application - Project Title: Quantum Park Page 2 Minimum Criteria Description - Continued 4. Project applicant must have financial means for perpetual follow-up maintenance. Describefollow-up schedule andfunding source for perpetual maintenance The site is currently maintained by the City's Parks Division and will continue to be maintained by this Division. Maintenance is funded in the City's General Fund. 5. Plantinglrestorationplan (if applicable) must include Florida native vegetation and may not include Florida Exotic Pest Plant Council Category lor II plant species (see www.fleppc.org for most current list). The site will not be replanted at this time. 6. Project must have a minimum fifty-percent project match, except for those municipalities specified in the Project Match Requirement section. Describe funding source for match and how match will be used. A $5,000.00 or 50% match is in the City's Capital Improvement Program. The match will be used with the grant to pay a contractor to remove Brazilian pepper, earleaf acacia, Australian pine and melaleuca from this site. 7. Project cannot involve the clearing of native vegetation. Native vegetation will not be removed. 8. Project proposes treatment of new or local (outlier) infestations or containment of invasions to new areas. Removing the invasive species from the Quantum Park site will help prevent invasion into the adjacent preserve (see attached site map). 9. Cannot be used for the initial clearing of invasive veg~~ation on projects destined for infrastructure improvement. The Quantum Park site is part of the City's Greenway/Bikeway Plan and will remain park/open greenspace. Project Location Description Describe project location, nearest cross streets, property type (natural area, open space, easement ...), property use, property owner. agency(s) with management responsibility. Include natural area description if applicable. **Attach a site plan showing the project elements along with a general location map and an aerial photo of the project vicinity. Maps should be no greater than 1I" x 17. uu The Quantum Park site is located in the northwest quadrant of the City of Boynton Beach. This 15 acre site is nestled between the Quantum preserve and the E4 Canal, along Quantum Boulevard and Minor Road. The City of Boynton Beach owns and maintains the property as open space. Include Project Location X, Y Coordinates in State Plane NAD 1983: X: 26.555689 Y: -80.083635 Public Lands Grant Program Application - Project Title: Quantum Park Page 3 Detailed Project Description This description is to answer information for scoring the applications by the judging commillee andfor compliance with the minimum grant criteria. Must include project location description, targeted invasive non-native plant species, acreage of infestation. scope of work. will the work be preformed in-house or contracted out (if contracted out, describe contract pricing), method of removal (mechanical, herbicides, hand pulling...), project milestones, and replanting species. Project Location Description Quantum Park is adjacent to the Quantum Preserve. The property is accessible via Quantum Boulevard and Miner Road. The E4 Canal borders the west side of the property. This park is natural and undevloped at this time, however future plans include nature trails, kayak/canoe launch, nature center, and environmental and interpretive opportunities. Native plant communities and wildlife habitat will benefit from the removal of exotic non-native vegetation. The Parks Division currently maintains this site and will implement an ongoing maintenance program for the project site that targets invasive non-native vegetation. Targeted Invasive Non-native Plant Species Brazilian pepper, earleaf acacia, Australian pine and melaleuca. Acreage of Infestation The park site is 15 acres. The area that borders the preserve is primarily exotic and totals approximately 2.5 acres, other areas we are targeting total 1.2 acres. Total acreage of infestation is approximately 3.7 acres. Scope of Work Work will be contracted out. The City will refer to the contractors on our bid list who are approved to perform this type of work. Contractors on the bid list have been approved based on an hourly rate. Invasive non-native plants will be removed by hand pulling and mechanical means. The City's Parks Division will implement an on-going maintenance program for the project area that targets invasive non-native plants. Project Milestones * Contractor will be selected by December 2006. * An educational notice will be included in the Recreation & Parks Department Funfare Magazine (tri-annual citywide publication), describing the invasive non-native vegetation being removed and the benefits to be derrived from this cooperative project by January 2007. * Project will commence in January 2007. * Project will be completed by April 2007. Replanting Species We do not plan to replant at this time. Public Lands Grant Program Application - Project Title: Quantum Park Page 4 Project Narrative Provide any additional information that describes how the proposed project will meet each of the Judllinll Criteria noted in the application guidelines. The goal of this project is to target removal of Brazilian pepper, Australian pine, earleaf acacia, and melaleuca from the Quantum Park. Follow up monitoring and maintenance of the site by the City is available in perpetuity. The City has the required 50% match available in our Capital Improvement Program and is ready to commence the project upon the execution of the grant agreement with the Board of County Commissioners. Project Budget Provide a proposed budget indicating how grant funds will be ldilized and where the matching funds will be alloclded CATEGORY OF EXPENDITURE AMOUNT MA TCHING FUNDS Salaries $ $ Fringe Benefits $ $ Subco ntracting: .. Planning $ $ Design $ $ Removal related Costs $ 5,000.00 $ 5,000.00 Supplies/Other Expenses $ $ Public Information / Outreach $ $ TOTAL REQUESTED $ 5,000.00 $ 5,000.00 TOTAL GRANT AGREEMENT $ 10,000.00 Certification: I certify that to the best of my knowledge, all ofthe statements contained in this application are correct and complete. Signatur~~ printN~ .)tn),\ \A'''-len.~ Title: p~ ~u.~e:t2-\.....l-r~ ~\" Date: 61~Ob Submit 10 copies and 1 original to the following address: Public Lands Grant Program Coordinator Palm Beach County Dept. of Environmental Resources Management 3323 Belvedere Road, Bldg. 502 West Palm Beach, FL 33406 't:l co l!! I:i <t (j) ,g bD l!! ~ '" .B '" '" " " "" & "' "' 1 " "E co "E "' "' co 'E co l!! co III ~~ 16 al "E l!! .!!l (!J -g E <t (!J 2! 0- ~ co <t 0- >- :J i3 '" 1li C/) 0> (!J e "0 0> " '" " ~ 'E " +-I .e-Jil al~l1 '" i3 " " .r.> ~ l!! .6 -2 J2 :i1 ~ "' ~ ~ co 0. &~ Ii. c: co ~ co ~ 'S l;; ~ .~ ~ co :J co .8 ~ i!"J!! (j) UJ -' of 0 CD 0- a.. :z CD 0: .:;: &.B ~ C) , ": 1 I:i , 'OJ .9' . \:? eeeeeeeee@@ , 0 m ! 0 , U '\ .: l!l '" "" ~ 'E 0- <t JL r . ,-ie' .. ..." .t. >, .~. -~~ uli .,':0" .' ~.,JiI"''''" """'j/f ,~*"- NOVO ARBOR cutting edge in tree maintenance 1112 Vista Del Mar Drive South Delray Beach FL 33483 T:561-330-9785 F:561-330-2392 4/26/2006 PROPOSAL Job Name: City of Boynton Beach Park Work Site: Quantum Park City of Boynton Beach Parks & Recreation Ms Jody Rivers Proposal By: Claude Bngante, ISA CA Fax 561-742-6233 Work 561-436-3183 Item # Plant Service Description Exotic Removals Per Annual Contract for Landscape Maintenance Bid # 079- 2730-04/CJD Lot & Right of Way - Schedule of Pnces - Section (J) Total Removal of Trees - Crew & Eqwpment, $50/hr x 2 crews = $100 per hI' x 98 hours, Qty 98 Cost $9800 00 All specifications per Palm Beach County ExotiC Removal Grant apply All specifications per City of Boynton Beach Contract apply Total: $9,80000 Thank you for this opportunity to be of service to YOLl, We appreciate your consideration Please do not hesitate to call if YOLl have any questions Please sign below to indicate your approval and fax back to this office 561-330-2392. Call our office 330-9785 to confirm that we have received your fax. We will then call you to schedule an appointment for the work to be done. Approved by Date: Once the work is started. we will not leave your property until the work is completed to your satisfaction. City of Boynton Beach Quantum Park EXHIBIT B PAYMENT REQUEST FORM FORINTERLOCALAGREEMENT GRANTEE: GRANTEE'S GRANT MANAGER: COUNTY AGREEMENT NO.: R_ _ DATE OF REQUEST: PERFORMANCE PERIOD: AMOUNT REQUESTED:$ MATCHING REQUIRED:$ GRANT EXPENDITURES SUMMARY SECTION rEffective Date of Grant through End-of-Grant Period] AMOUNT OF THIS MATCHING FUNDS CATEGORY OF EXPENDITURE REQUEST Salaries $ $ Fringe Benefits $ $ Subcontracting: Planning $ $ Design $ $ Removal related Costs $ $ Supplies/Other Expenses $ $ Public Information / Outreach $ $ TOT AL REQUESTED $ $ TOTAL GRANT AGREEMENT $ TOTAL REMAINING IN GRANT $ GRANTEE CERTIFICATION The undersigned certifies that the amount being requested for reimbursement above were for items that were charged to and utilized only for the above cited grant activities. Grantee's Grant Manager's Signature Grantee's Fiscal Agent Print Name Print Name Telephone Number Telephone Number Exhibit B, Page 1 of 1 Deparbnent of Environmental Resources Management 2300 North Jog Road, 4th Floor West Palm Beach, FL 33411"2743 (561) 233-2400 FAX: (561) 2.31-2414 wwwco.palm-beach.fl.uslerm . Palm Beach County Board of County Commissioners Tony Masilotti, Chairman Addie L Greene. Vice Chairperson Karen T. Marcus Jeff Koons Warren H. Newell Mary McCarty Burt Aaronson County Administrator Robert Weisman "An Equal Opportunity Affirmative Action Employer" @ printed on recycJ9d paper October 18,2006 Ms. Jody Rivers, Parks Superintendent City of Boynton Beach Parks & Recreation Department P.O. Box 310 Boynton Beach, FL 33465 RE: 2006 PUBLIC LANDS GRANT PROGRAM - EXECUTED INTERLOCAL AGREEMENT Dear Ms. Ri vers: Please find enclosed a fully executed Palm Beach County Public Lands Grant Program Interlocal Agreement between Palm Beach County and the City of Boynton Beach for your Ouantum Park project for the 2006 Public Lands Grant Program. A recorded copy of the agreement will be mailed to you as soon as available. A reminder that a brief 1 to 2 page final project report will be due on or before the interlocal agreement expiration date of July 3, 2006. Included with the report must be a completed Payment Request Form (Exhibit B), a detailed listing of expenditures from your accounting system supporting your request that also evidences actual payment (i.e. project name, vendor, invoice #/date, check #/date, and amount paid), documentation showing how in-kind contributions were calculated, and a copy of brief press release highlighting the successes of the project and acknowledging the contribution of the grant towards the project success. Thank your for your participation in this incentive program and good luck with your project. Should you have any questions, please contact me at 233-2421. e-> 0 e->:::; en ::;-< :r: -(0 C> <: ,...,-" I 'CO W r1C) :"'-< ." ~z -,- u> --f _.~ DD N -,,2 .. .."CO .s=- -m en e->;t> me-> :::t: Matthew King, Environmental Program Supervisor Environmental Resources Management Enclosure