R01-166R2001 ..0: 9
INTERLOCAI~ AGREEMENT
BETWEEN
PALM BEACH COUNTY
AND
THE CITY OF BOYNTON BEACH
Ft,~i~ I ] 2001
This Interlocal Agreement is made the day of ,2001, between the
City of Boynton Beach, a municipality located in Palm Beach County, Florida (hereinafter "City") and
Palm Beach County, a political subdivision of the State of Florida, (hereinafter "County"), each one
constituting a public agency as defined in Part I of Chapter 163, Florida Statutes.
WITNESSETH
WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation
Act of 1969" authorizes local governments to make the most efficient use of their powers by enabling
them to cooperate with other localities on a basis of mutual advantage and thereby to provide services
and facilities that will harmonize geographic, economic, population and other factors influencing the
needs and development of local communities; and
WHEREAS, Part I of Chapter 163, Florida Statutes, permits public agencies as defined therein
to enter into interlocal agreements with each other to jointly exercise any power, privilege, or authority
which such agencies share in common and which each might exercise separately; and
WHEREAS, pursuant to Chapter 125.01, Florida Statutes (1997), the Board of County
Commissioners of Palm Beach County is empowered to establish and administer programs of
conservation and to enter into agreements with other governmental agencies within or outside the
boundaries of the County for joint performance, or performance of one unit on behalf of the other, of
any of either governmental entity's authorized functions; and
WHEREAS, the County desires to environmentally restore and enhance the Lake Worth
lnterlocal Agreement, City of Boynton Beach, Page 1 of 11
Lagoon in order to increase native habitat and improve fisheries; and
WHEREAS, the County recognizes that an improvement in the quality of the lagoon waters
is essential to the restoration of the lagoon as a habitat for littoral and estuarine flora and fauna; and
WHEREAS, pursuant to Florida Department of Environmental Protection (DEP) Agreement
No. WAP029, the County has received a grant from the DEP for the purpose of conducting
environmental enhancement and restoration of the Lake Worth Lagoon; and
WHEREAS, the County wishes to encourage municipalities that border the Lake Worth
Lagoon to protect and enhance their littoral and estuarine habitats by improving the water quality of
the lagoon; and
WHEREAS, the County and the City recognize that management of fresh water inflows to the
Lake Worth Lagoon is essential to limiting undesirable salinity fluctuations, turbidity, Total Suspended
Solids, BOD and flow of nutrients, all of which threaten the habitat therein; and
WHEREAS, the City desires to implement the Outfall Water Quality Improvement Project
which involves the installation of pollutant removal devices into existing ouffall lines at 20 separate
locations along the Lake Worth Lagoon in Boynton Beach effectively removing pollutants prior to the
stormwater being discharged to Lake Worth Lagoon; and
WHEREAS, the County and the City expect that such treatment will likely improve the quality
of the waters of the Lagoon; and
WHEREAS, the City has applied to the Lake Worth Lagoon Partnership Grant Program to
request a grant to assist in the implementation of the Outfall Water Quality Improvement Project; and
WHEREAS, the County and the City have mutually agreed to cooperate in a City project to
implement the Outfall Water Quality Improvement Project.
NOW THEREFORE, in consideration of the mutual representations, terms, and covenants
lnterlocal Agreement, City of Boynton Beach, Page 2 of 11
hereinafter set forth, the parties hereby agree as follows:
1. Purpose of Interlocal Agreement and Recitals.
The purpose of this Interlocal Agreement
is to establish provisions for the transfer of DEP funds from the County to the City for the
limited purpose of assisting in the implementation of the Outfall Water Quality Improvement
Project, and to set forth the terms, conditions and obligations of each of the respective parties
hereto. The foregoing recitals are incorporated herein and are tree and correct.
Definitions. The following definitions shall apply to this Agreement:
A. "Act" shall mean Part I of Chapter 163, Florida Statutes.
B. "Agreement" shall mean this Intedocal Agreement, including any amendments or
supplements hereto, executed and delivered in accordance with the terms hereof.
C. "Construction" shall mean the act of physically building the project, or any of the
components of the project, and shall include the process of building, clearing, filling,
excavation, or paving, or the substantial improvement in the size or use of any structure
or the appearance of any land. It shall include the transportation, installation or
deployment of any completed components of the project. It shall not include designing,
engineering, drafting or planning of the project, nor shall it include monitoring of the
project after completion, installation or deployment.
D. "Project" shall mean the activities described in Attachment A of DEP Agreement No.
WAP029, attached hereto and made a part hereof as Exhibit A, and as described in the
original project application attached hereto and made a part hereof as Exhibit B.
Documents Incorporated. Except as otherwise provided herein, the City agrees that it shall
comply with all terms and conditions of Exhibits A and B.
Interlocal Agreement, City of Boynton Beach, Page 3 of 11
~ 4. representative/contract
o
County's Representative/Monitoring Position. The County's
monitor during the term of this Agreement is identified below:
Name:
Address:
Richard E. Walesky, Director
Palm Beach County Department of Environmental Resources
Management
3323 Belvedere Road
West Palm Beach, FL 33406
Phone: (561) 233-2400
Fax: (561) 233-2414
City's Representative/Monitoring Position. The City's representative/contract monitor
during the term of this Agreement is identified below:
Name: John A. Guidry, Director of Utilities
Address: City of Boynton Beach
5469 West Boynton Beach Boulevard
Boynton Beach, FL 33437
Phone: (561) 375-6401
Effective Date/Term. The term of this Agreement shall be effective on the date of execution
of the Agreement by both parties and shall continue in full force and effect until May 30,
2003, unless otherwise terminated as provided herein.
Responsibilities and Duties of the County. The County agrees to pay the City an amount not
to exceed $325,000 to be used for the limited purpose of reimbursement for costs associated
with construction of the project described in Exhibits A and B, provided the City completes
the project as described in Exhibits A and B, and meets the estimated match requirement of
$400,000 as noted in Attachment A of Exhibit A. Activities eligible for match requirements
include pre-construction costs such as planning and design, engineering, and permitting costs,
as well as construction costs, incUrred on or after July 1, 2000. However, cOnstruction costs
are not reimbursable under this Agreement unless incurred after the effective date of the
Agreement.
Interlocal Agreement, City of Boynton Beach, Page 4 of 11
o
Responsibilities and Duties of the City.
A. The City agrees to construct the Outfall Water Quality Improvement Projec{ and do all
the work related to this project as more particularly described in Exhibits A and B; and
B. The City agrees to provide the funds for the balance of the project not funded by the
County. The source of the matching funds for this project is the Boynton Beach Utility
Department Capital Improvement Fund; and
C. The City agrees to submit quarterly progress reports and invoices to the County in
accordance with Exhibit A, Section 5. The City understands that the rePorts will be
forwarded to the DEP in conformance with the requirements of Exhibit A, Section 5.
In order to meet these requirements, the City shall submit quarterly progress reports to
the County by April 10, July 10, October 10 and January 10.
D. The City agrees to complete construction by April 30, 2003, and submit a final project
report to the County by the agreement expiration date noted in Section 6 above. The
City agrees that 5% of the total grant award will be withheld until the project is
complete and the final project report, including at a minimum, certification of
completion, documentation of the project's benefit to the lagoon, and final invoices,
is submitted to and approved by the County. The form for certifying the project
complete is attached hereto to this Agreement as Exhibit C.
E. In the event that the project is not completed by the date stated in Section 6 above, the
final amount of the grant will be prorated based on the amount of construction
completed and the original match-to-grant ratio.
F. Any minor modifications to the project as identified in Attachment A of Exhibit A or
as identified in Exhibit B, shall be submitted in writing to the County as a "Change
lnterlocai Agreement, City of Boynton Beach, Page 5 of 11
10.
11.
12.
Order" and shall be subject to the approval, prior to implementation, of both the
County and the State in accordance with Exhibit A, Section 20.
Payments/Invoicing and Reimbursement. The City shall be reimbursed on a cost
reimbursement basis for all eligible project costs upon receipt and acceptance by the County
of a properly completed Payment Request Summary Form, provided as Exhibit D. In addition
to the summary form, the City must provide, from its accounting system, a listing of
expenditures charged against this Agreement. The City shall supply any further documentation
.deemed necessary by County. Invoices received from the City will be reviewed and approved
by the Department of Environmental Resources Management, 3323 Belvedere Road, West
Palm Beach, FL 33406-1548, who will indicate that expenditures have been made in
conformity with this Agreement and who will then send the invoices to County's Finance
Department for final approval and payment.
Funding Source. The County and City agree that the sole funding source for this Agreement
is grant money obtained by County from the DEP and shall not exceed a total amount of
$325,000. It is also understood that the County's performance and obligation to pay is
contingent upon an annual appropriation to DEP by the Legislature.
Access and Audits. City shall maintain adequate records to justify all charges, expenses, and
costs incurred in accordance with generally accepted accounting principals. Both the County
and the DEP shall have access to all books, records and documents as required in this section
for the purpose of inspection or audit during normal business hours during the term of this
Agreement and for at least three (3) years after completion of the project.
Renewal. This Agreement may not be renewed.
lnterlocal Agreement, City of Boynton Beach, Page 6 of 11
13.
14.
15.
16.
17.
18.
Breach/Opportunity to Cure. The parties hereto expressly covenant and agree that in the
event either party is in default of its obligations herein, the party not in default shall provide
to the party in default thirty (30) days written notice to cure said default before exercising any
of its rights as provided for in this Agreement.
Termination. This Agreement may be terminated by either party to this Agreement upon 30
days written notice to the other party, provided the conditions of Section 13 have been
complied with; and provided that the County will not arbitrarily or unreasonable deny funding
~to the City under the terms and conditions set forth herein.
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.
Notice. All notices required to be given under this Agreement shall be deemed sufficient to
each party when delivered by United States Mail to the County and City representative/contract
monitors identified above in Sections 4 and 5, respectively, and with a copy sent to the Palm
Beach County Attorney's Office, 301 North Olive Avenue, Sixth Floor, West Palm Beach, FL
33401.
Delegation of Duty_. Nothing contained herein shall be deemed to authorize the delegation of
the constitutional or statutory duties of state, County, or City officers.
Filing. A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for
Palm Beach County.
Interlocai Agreement, City of Boynton Beach, Page 7 of 11
19.
20.
21.
Liability. The parties to this Agreement and their respective officers and employees shall not
be deemed to assume any liability for the acts, omissions, and negligence of the other party.
Further, nothing herein shall be Construed as a waiver of sovereign immunity by either party,
pursuant to Section 768.28, Florida Statutes.
Indemnification. Without waiver of limitation as provided for in Section 768.28(5), Florida
Statutes, and to the extent permitted by law, the County agrees to indemnify and hold harmless
the City from any claims, losses, demands or cause of action of whatsoever kind or nature that
the City, its agents or employees, may'or could sustain as a result of or emanating out of the
terms and conditions contained in this agreement that result from the County's negligence or
willful misconduct. Without waiver of limitation as provided for in Section 768.28(5), Florida
Statutes, and to the extent permitted by law, the City agrees to indemnify and hold harmless
County from any claims, losses, demands or cause of action of whatsoever kind or nature that
the County, its agents or employees, may or could sustain as a result of or emanating out of the
terms and conditions contained in this Agreement that result from the City's negligence or
willful misconduct. Nothing herein shall be construed as a waiver of sovereign immunity by
-either party, pursuant to Section 768.28, Florida Statutes.
Insurance. Without waiving the right to sovereign immunity as provided by Section 768.28,
Florida Statutes, the City acknowledges it is self-insured under State Sovereign Immunity
statutes with coverage limits of $100,000 Per Person and $200,000 Per Occurrence; or such
monetary waiver limits that may change and be set forth by the legislature, which the County
agrees to recognize as acceptable coverage for General Liability and Automobile Liability
insurance.
Interiocal Agreement, City of Boynton Beach, Page 8 of 11
22.
23.
In the event the City does not rely exclusively on sovereign immunity as provided by
Section 768.28, Florida Statutes, the City shall agree to maintain third-party Commercial
General Liability at limits not less than $500,000 per occurrence. With respect to Commercial
General Liability, City shall agree to add the County as an "Additional Insured."
The City agrees to maintain or to be self-insured for Worker's Compensation &
Employer's Liability insurance in accordance with Florida Statutes, Chapter 440.
The City shall provide a statement or Certificate of Insurance evidencing insurance,
self-insurance and/or sovereign immunity status, which County agrees to i'ecognize as
acceptable for the above required coverages.
Compliance With Law. The City shall comply with all applicable federal, state and local
rules and regulations in providing services under this Agreement. The City acknowledges that
this requirement includes compliance with all applicable federal, state and local health and
safety rules and regulations. The City further agrees to include this provision in all
subcontracts issued as a result of this Agreement.
Amendments. This Agreement may only be amended by written Agreement executed by
both parties hereto.
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,
Interlocal Agreement, City of Boynton Beach, Page 9 of 11
25.
26.
27.
28.
power, or remedy hereunder shall preclude any other or further exercise thereof.
Time of the Essence. The parties expressly agree that time is of the essence in this
Agreement and the failure by a party to complete performance within the time specified, or
within a reasonable time if no time is specified herein, shall, at the option of the other party
without liability, in addition to any other rights or remedies, relieve the other party of any
obligation to accept such performance.
Equal Opportunity Provision. The County and the City agree that no person shall, on the
.grounds of race, color, sex, national origin, disability, religion, ancestry, marital status, or
sexual orientation be excluded from the benefits of, or be subjected to any form of
discrimination under any activity carried out by the performance of this Agreement.
Captions. The captions and section designations herein set forth are for convenience only
and-shall have no substantive meaning.
Severability. In the event that any section, paragraph, sentence, clause, or provision hereof
be held by a court of 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.
(The remainder of this page is intentionally left blank.)
Interlocal Agreement, City of Boynton Beach, Page 10 of 11
29.
Entirety of Agreement. This Agreement represents the entire understanding between the
parties, and supersedes all other negotiations, representations, or agreement, either written
or oral, relating to this Agreement.
IN WITNESS WHEREOF, the COUNTY OF PALM BEACH, Florida has caused this Agreement
to be signed by the Chair of the Board of County Commissioners and the seal of said Board to be
affixed hereto and attested by the Clerk of said Board, pursuant to authority granted by said Board,
and the CITY OF BOYNTON BEACH has caused this Agreement to be signed in its name by its
Mayor and its seal to be affixed hereto, attested by its Clerk, the date and year first above written.
CITY OF BOYNTON BEACH
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
City's Atto
PALM BEACH COUNTY, FLORIDA
BY ITS BOARD OF COUNTY
COMMISSIONERS
By:
wan'en I~V. N~e~l, ~hairman
.RZO
..... .;.: Date
'*",,.O '"~":...~ MAR 1 3 2001
/
APPROVED AS TO FORM AND
LEGAL SLrFFIC~
Cl~u'n~y; s ~ttomey
T:~oa~talXlake_worth_lagoon~00-01 grt~boyatonXia-final, wpd
lnterlocal Agreement, City of Boynton Beach, Page 11 of 11
DEP AGREEblENT NO. WAP029
STATE OF FLORIDA
WATER ADVISORY PAaNEL GR.4aNT ASSISTANCE
PURSUANT TO LINE ITEM 1591G OF THE 2000 - 2001 APPROPRIATIONS ACT
R200
THIS AGKEEMENT is entered ~n,?o-b.e '- -
ENAZlRONqgll::NTAL PROTECTION, whsse t~.~n. _the STATE OF FLOR/DA DEPARTMENT OF
anoress m .~woo Commonwealth Boulevard, Tallahassee, Florida 323
(hereinafter referred to as the "Department" or "DEp") and the PALM BEACH COUNTY BOARD OF
COMMISSIONERS, whose address is Department of Environmental Resources Management, 3323 Belvedere Road,
Building 502, West Palm Beach, Florida 33406 (hereinafter referred to as "Grantee" or "Recipient"), a local government,
to perform the Lake Worth Lagoon Monitoring Project.
follows: In consideration of the mutual benefits to be derived herefrom, the Department and the Grantee do hereby agree as
'The Grantee does hereby agree to perform in accordance with the terms and conditions set forth in this
Agreement, Attachment A (Project Work Plan), and all attachments and exhibits named herein which are
attached hereto and incorporated by reference. For purposes of this Agreement, the terms "Contract" and
"Agreement" and the terms "Grantee", "Recipient" and "Contractor", are used interchangeably.
This AgO'cement shall begin upon execution by both parties and end no later than June 30, 2003, inclusive. The
Grantee shall not be eligible for reimbursement for work performed prior to the execution date of this Agreement.
However, eligible project expenditures incurred by the Grantee on or after July I, 2000, may be used by the
Grantee in meeting the match requirements described in paragraph 3. This Agreement may be amended to
provide for additional services if additional funding is made available by the Legislature.
As consideration for the services rendered by the Grantee under the terms of this Agreement, the Department shall
pay the Grantee on a cost reimbursement basis in an amount not to exceed $2,850,000 toward the total project cost
estimate of $14,074,707. The parties :hereto agree that the Grantee is responsible for providing a minimum match
of $2.850,000 (or 50% of the total project costs, whichever is less) toward the project described in Attachment A,
provided the project is substantially completed as described in Attachment A. If the Grantee fmC, after receipt
of competitive bids, that the work described in Attachment A cannot be accomplished for the current estimated
amount, the parties hereto agree to modify the Project Work Plan described in Attachment A to provide for the
work that can be accomplished for the funding identified above. The Grantee shall be reimbursed on a cost
reimbursement basis for all eligible project costs upon receipt and acceptance of a properly completed Payment
Request Summary Form (provided as Attachment B). In addition to the summary form, the Grantee must
provide from its accounting system, a listing of expenditures charged against this Agreement. The listing shall
include, at a minimum, a description of the goods or services purchased, date' of the wansacfion, voucher number,
amount paid, and vendor name. All requests for reimbursement of travel expenses shall be based on the travel
limits established in Section 112.061, Florida Statutes. Periodically, the Department may request proof of a.
transaction (invoice, payroll register, etc.) which must be provided within thirty (30) calendar days of such a
request. The Deparmaent also reserves the right to audit the Grantee's disbursements as it deems necessary. All
bills for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre-andit and post-
audit thereof.
The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual
appropriation by the Legislature. The parties hereto understand that this Agreement is not a commitment of future
appropriations.
5. The Grantee shall submit quarterly invoices in conjunction with quarterly progress reports describing the work
performed, problems encountered, problem resolution, schedule updates and proposed work for the next reporting
period. Quarterly reports shall be submitted to the Department's Grant Manager no later than twenty (20) days
DEP Agreement No. WAP029, PAS'" ' "~
EXHIBIT A
10.
11.
12.
13.
following the completion of the quarterly reporting period. It is hereby understood and agreed by the parties that
the term "quarterly' shall reflect the calendar quarters ending March 31, June 30, September 30 and December 31.
The Department's Grant Manager shall have ten (10) calendar days to review deliverables submitted by the
Grantee.
Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and
agents. However, nothing contained herein shall constitute a waiver by either party of its Sovereign immunity or
the provisions of Section 768.28, Florida Statutes.
The Department may terminate this Agreement at any time in the event of the failure of the Grantee to fulfill any
of its obligations under this Agreement. Prior to termination, the Department shall provide thirty (30) calendar
days written notice of its intent to terminate and shall provide the Grantee an opportunity to consult with the
Department regarding the reason(s) for t~,hiination.
This Agreement may be unilaterally canceled by the Department for refusal by the Grantee to allow public access
to aH documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and
made or received bY the Grantee in conjunction with this Agreement
The Crrantee shall maintain books, records and documents directly pertinent to performance under this Agreement
in accordance with generally accepted accounting principles consistently applied. The Department, the State, or
their authorized representatives shall have access to such records for audit purposes during the term of this
Agreement and for three years following Agreement completion. In the event any work is subcontracted, ~the
Grantee shall similarly require each subcontractor to maintain and allow access to such records for audit purposes.
In addition to the provisions contained in paragraph 9 above, the Grantee shall comply with the applicable
provisions contained in Attachment C. A revised copy of Attachment C, Exhibit-l, must be provided to the
Grantee with each amendment which authorizes a funding increase or decrease. The revised Exhibit-1 shah
summarize the funding sources supporting the Agreement for purposes of assisting the Grantee in complying with
the requirements of Attachment C. If the Grantee fails to receive a ~ed Copy of Attachment C, Exhibit-I, the
Grantee shall notify the Department's Contracts Administrator at 850/922-5942 to request a copy of the updated
information.
The Grantee may subcontract Work under this Agreement without the prior written consent of the
Department's Grant Manager. The Cn'antee agrees to be responsible for the fulfillment of all work
elements included in any subcontract and agrees to be respons~le for the payment of all monies due
under any subcontract. It is understood and agreed by the Grantee that the Department shall not be liable
to any subcontractor for any expenses or liabilities incurred under the subcontract and that the Grantee
shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract.
The Department of Environmental Protection supports diversity in its procurement program and requests
that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The
award of subcontracts should reflect the full diversity of the citizens of the State of Florida. The
Depaltm~t will be glad to furnish a list of minority owlled businesses for copsidemtion in subcontracting
In accordance with Section 216.347, Florida Statutes, the Grantee is hereby prohibited from using funds provided
by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state agency.
The Grantee shah comply with all applicable federal, state and local rules and regulations in providing sezvices to
the Department under this Agreement. The Grantee acknowledges that this requirement includes compliance with
all applicable federal, state and local health and safety roles and regulations. The Grantee further agrees to include
this provision in all subcontracts issued as a result of this Agreement.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. WAP029, Page 2 of 5
14.
15.
16.
17.
18.
19.
The Department's Grant Manager for this Agreement is identified below.
Dfc,me K. Crigger
Florida Department of Environmental Protection
Southeast District Office
400 N. Congress Avenue
P.O. Box 15425
West Palm Beach, Florida 33416-5425
Phone: 561/681-6604 or SunCom 226-6604
Fax: 561/681-6755
E-mail: Dianne. Crigger~dep.state. fl.us
The Grantee's Grant Manager for this Agreement is identified below.
Richard Walesky
Palm Beach County Depa~iment of Environmental
Resources Management
3323 Belvedere Road, Building 502
West Palm Beach, Florida 33406
Phone: $61/233-2400
Fax: 561/233-2414
F-mail: rwalesky(~,co.palm=beach.fi.us
To the extent required by law, the Grantee will be self-insured against, or will secure and maintain during the life
of this Agreement, Workers' Compensation Insurance for all of his employees connected with the work of this
project and, in case any work is subconUacted, the Grantee shall require the subcontractor similarly to provide
Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the
protection afforded by the Grantee. Such serf-insurance program or insurance coverage shall comply fully with
the Florida Workers' Compensation law. In case any class of employees engaged in hazardous work under this
Agreement is not protected under Workers' Compensation statutes, the Grantee shall provide, and cause each
subcontractor to provide, adequate 'insurance satisfactory to the Department, for the protection of his employees
not otherwise protected.
The Grantee, as an independent contractor and not an agent, representative, or e~nployee of the Department, agrees
to can~ adequate liability and other appropriate forms of insurance. The Department shah have no liability except
as specifically provided in this Agreement.
The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict m
any manner or degree with the performance of services required.
Upon satisfactory completion of this Agreement, the Grantee may retain ownership of the equipment purchased
under this Agreement. However, the Gzantee shall complete and sign a Property Reporting Form, provided as
Attachment D, and forward it along with the appropriate invoice to the Department's Grant Manager. The
following terms shall apply:
The Grantee shall have use of the equipment for the authorized purposes of the contractual arrangement
as long as the required work is being performed.
Bo
The Grantee is responm~le for the implementation of adequate maintenance procedures to keep the
equipment in good operating condition.
The Grantee is responsa'vle for any loss, damage, or theft of, and any loss, damage or injury caused by the
use of, non-expendable personal property or equipment purchased with state funds and held in his
possess/on for use in a contractual arrangement with the Department
DEP Agreement No. WAP029, Page 3 of 5
20.
21.
The Department may at any time, by written order designated to be a change order, make any change in the work
within the general scope of this Agreement (e.g., specifications, time, method or manner of performance,
requirements, etc.). All change orders are subject to the mutual agreement of both parties as evidenced in writing.
Any change order which causes an increase or decrease in the Grantee's cost or time shall require formal
amendment to this Agreement
This Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications
or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly
signed by each of the parties hereto, and attached to the original of this Agreement, unless othe~vise provided
herein.
KEMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. WAP029, Page 4 of 5
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year last
· ,~en below.
PALM BEACH COUNTY BOARD OF
COt_~TTY COM'MtSSIaOTRS
Title: Warren H. ~well, Chairman
STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL/~ROTECTION
S~retar~ or designee
0 3 9 4Date: ~i'%~l~,
· , ~
DEP Grant Manager ff ~
DEP Contracts Administrator ~ 6
Apffroved as to form and legality:
DEP[Attomey
*For Agreements with governmental boards/commissions: If someone other than the Chairman signs this Agreement, a
resolution, statement or other document authorizing that person to sign the Agreement on behalf of the governmental
board/commission must accompany the Agreement.
List of attachments/exhibits included as part of this Agreemem:
Specify Letter/
Type Number
Description (include number of pages)
Attachment A
Attachment B
Attachment C
Attachment D
Project Work Plan (4 Pages)
Payment Request Summary Form (1 Page)
Special Audit Requirements (5 Pages)
Property Reporting Form (1)
DEP Agreement No. WAP029, Page $ of 5
ATTACHMENT A
PROJECT WORK PLAN
LAKE WORTH LAGOON PARTNERSHIP GRANT PROGRAM
The Lake Worth Lagoon Partnership Grant Program has recently been funded for a third year.
As of this time, 14 construction projects have been funded which are intended to benefit the
habitat and water quality in the lagoon. Specific appropriation 1591G of the SFY 00-01
appropriated an additional total of $3,000,000 for restoration and stormwater control efforts for
the Lake Worth Lagoon. DEP Agreement No, WAP028 utilized $150,000 of the appropriation
mount identified above for a Lake Worth Lagoon Monitoring Project. The remaining
$2,850,000 has been reserved for the Lake Worth Lagoon Partnership Grant Program. Through
a competitive "Request for Proposals" process, 8 construction projects have been selected to
receive funding for the appropriated monies. These projects include stormwater drainage
improvements, habitat restoration and enhancement, and artificial reef construction.
ICW Stormwater Outfall - Boynton Beach
This project will entail installing pollution removal devices into existing outfall lines, at 20
separate locations along the Intracoastal Waterway in Boynton Beach. Currently no pretreatment
of stormwater runoff, other than some limited swale technology usage is provided to these
outfalls, The City will utilize CDS technology wherever feasible in the design. However certain
locations may not be able to accommodate a CDS due to existing site constraints. Final design
will determine the size, type and exact location of all treatment units.
Lantana Cove Enhancement
The goal of this project is to enhance the marine habitats of the Lake Worth Lagoon's Lantaua
Cove. A prototype mangrove planter will be constructed to meet the biological and
environmental needs of the mangroves and the Lake Worth Lagoon. The planter will be located
at the northern end of the seawall at Bicentennial Park. It will butt against the existing seawall
and will be approximately 32 linear feet in length and 4 feet in width. Using barge, tug and
crane operating on this northward side of the permitted area, base rock will be removed and the
area will then be smoothed out during low tide making sure the natural environment is not
disturbed. The bottom will be covered with filter cloth and then 8 mangrove planters each
approximately 4' X 4' X 3'2" high and covering a linear distance of 32' will be placed along the
seawall. After the basins are set in place a crane will deploy into each planter, sand to a
specified level. Finishing touches include, gravel, paver bricks and mangrove planting.
D12 Stormwater Pump Station
The proposed stormwater management systc~n will consist of the replacement and/or addition of
approximately 41 inlets and manholes and approximately 12,300 linear feet of pipe, which will
convey runoffto a 204 cfs (91,400 gpm) pump station. The pumping station will be located on
Everglade Avenue in Palm Beach. The pump station will incorporate a wet well to retain storm
sewer debris (oils, trash, sediments, etc.) from being discharged into the Lake Worth Lagoon and
DEP Agreement No. WAP029, Attachment A, Page 1 of 4
an erosion prevention system which consists of rip rap armored sump area for energy dissipation.
The six existing gravity outfalls will be plugged/abandoned as part of this plan. The project will
result in a net improvement to the water quality of the Lake Worth Lagoon.
City of Lake Worth Wetland Restoration
The wetland restoration project at the Lake Worth Golf Course will help to re-establish wildlife
habitat and partially offset the effects of shoreline bulkheading that has occurred in Lake Worth
Lagoon over the years. The creatiOn ora Spartina marsh area (1.8 acre - 11,200 planted plugs),
seagrass recruitment areas and shallow water habitat (16 acres), and oyster reef area (0.5 acres)
will restore a more natural littoral profile and substantially increase the area within which
seagrasses are likely to colonize. The Spartina marsh will help stabilize sediments and filter
nutrients outer the system, contributing to increased water quality. The rock revetment, made
up of 4000 tons of limestone boulders, will serve to protect the planted areas and also act as a
shallow water :reef that is conducive as a substratum for oysters and other attaching organisms.
Peanut Island Environmental Restoration
The Peanut Island Environmental Restoration project will be expanded to create additional
wetland and upland habitats beyond the scope of the original project partially funded by the Lake
Worth Lagoon Partnership Grant Program in State Fiscal Year 1998-1999. Expanded features
of the project include an additional' 11 acres of exotic vegetation removal (total 28 acres); 0.3
acres of shallow-water reef habitat (total 1.3 acres), 1.0 acre shallow-water lagoon habitat (total
3.0 acres); 2,4 acres dune habitat (total 4.6 acres); and 3.9 acres of coastal strand habitat. In
addition, breakwater/jetties have been added to the original proposal to help protect the integrity
of the island and habitat features. A mangrove boardwalk, pedestrian bridges and other
environmental education components will also be part of the expanded project.
Artificial Reef Habitats
The purpose of this project is to design different marine habitats to meet the needs of various
lifefomm throughout the lagoon ecosystem. These habitats will provide shelter, feeding and
spawning habitats for juvenile and mature esmarine forms to live and these structures will also
form a substrate for many water purifying encrusting invertebrates, therefore, improving water
quality of the lagoon. This project will consist of four unique and significant habitats in four
permitted areas throughout the lagoon. Location of these habitats will be deployed at the
following previously permitted rites within the Lake Worth Lagoon:
· Ocean Avenue Artificial Reef,- Lantana Bicentennial Park
· Sugar Sands Ledges
· Peanut Island Fishing Pier
· Rybovich Reef
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. WAP029, Attachment A, Page 2 of 4
54th Street~ Cordova Road and Arkona Court Pollution Control Devices
The City of West Palm Beach's Stormwater Master Plan has outlined several measures to be
taken to reduce pollutants discharged to. the Lake Worth Lagoon via stormwater runoff. These
measures include installation of three pollution control devices located on three of the City's
primary drainage systems that outfall directly to the lagoon. Each of the three project sites will
be surveyed to determine the appropriate locations for these devices. It is anticipated that
devices will be located near the outlet of each drainage system and within City's right-of-way for
easy access and clea~ng. Minimal Pipe improvements immediately upstream and downstream
of the structures are included along with a by-pass structure that will divert flows to the device.
Renaissance Proiect Phase 2 -Year 1
The Renaissance Project is an integrated water resource management plan for diverting runoff
from a 375-acre urban watershed and conveying the water through a settling basin and wetlands
eventually to come part of the City of West Palm Beach's potable water supply. Phase I of the
Project, funded under DEP Agreement No. SP505, consists of an upstream diversion and
treatment facility to redirect storm water that would otherwise be discharged into the lagoon.
Phase I includes facilities necessary to pretreat the first one half inch of runoff through dry
retention. Phase 2 of the Renaissance Project includes facilities to collect and treat all runoff
from the watershed and store it within the southern lobe of Clear Lake. Because of the
magnitude of the project, Phase 2 has been divided into two sub-phases (Year 1 and Year 2).
Phase 2'-Year 1 consists of improVements associated with Clear La~ke including:
*' Water Supply Pump (sheetpile structure at Okeechobee Blvd. including gate and 30 cfs pump
· Lake Improvements (regrading of southern lobe of Clear Lake to accommodate new control
elevation
· Wetland Cell (5 acres of on-site wetland mitigation)
· Control Structure (emergency gate and bleeder for gravity discharge- no .rmally closed)
Grant Administration
Administrative functions provided by the County staff for Lake Worth Lagoon Restoration and
Enhancement Projects include the following:
· Preparation and administration of subgrants associated with individual projects
· Site inspections to track compliance with the terms of subgrantee contracts
· Review of subgrantee invoices, progress reports and site inspection reports, consistent with
individual contracts and Scope of Services
· Preparation of reports submitted to the Department on project status and funding
· Preparation of project modifications to the Scope of Services as may be appropriate and
coordination of contract modifications with the Department and subgrantee
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. WAP029, Attachment A, Page :3 of 4
ATTACHMENT B '
PAYMENT REQUEST SUMMARY FORM
GRANTEE:
GRANTEE'S GRANT MANAGER:
DEP AGREEMENT NO.:
DATE OF REQUEST:
AMOUNT
REQUESTED:$
PAYMENT REQUEST NO.:
PERFORMANCE
PERIOD:
PERCENT MATCHING
REQUIRED:
GRANT EXPENDI S SUMMARY SECTION
[Effective Date of Grant through End-of-Grant Period]
AMOUNT OF THIS i TOTAL MATCHLNG
CATEGORY OF EXPENDITURE REQUEST CUMULATIVE FUNDS
PAYMENTS
Salaries $ $ $
Fringe Benefits $ $ $
Travel (if authorized) $ $ $
Subcontracting: $
Planning $ S S
Design $ $ $
Cons~uction $ $ $
Construction Related Costs $ $ $
Equipment Purchases $ $ $
Supplies/Other Expenses S $ $
Land $ $ S
Overhead $ $ $
TOTAL REQUESTED $ $ $
TOTAL GRANT AGREEMENT $
,
Less Total Cumulative Payments of: $
TOTAL REMAINING IN GRANT $
GRANTEE CERTH CATION
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
Print Name
Telephone Number
Grantee's Fiscal Agent
Print Name
Telephone Number
DEP Agreement No. WAP029, Attachment B, Page 1 of 1
ATTACHMENT C
SPECIAL AUDIT REQUIREMENTS
The administration of funds 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/agreemen0 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 section.
MONITORING
In addition to reviews of audits conducted/n accordance with OMB Circular A-133, 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-133, as revised, and/or other 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 Comptroller 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 organi~.ation as defined in OMB
Circular A-133, as revised.
In the event that the recipient expends $300,000 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 1 to this agreement indicates Federal funds awarded through the Department
of Environmental Protection by this agreement. In determining the Federal awards expended in its fiscal
year, the recipient shall consider all sources of Federal awards, including Federal funds 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 OMB Circular A- 133, as
revised, will meet the requirements of gfis part.
In connection with the audit requirements addressed in Part L paragraph 1., the recipient shall falfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as
revised.
If the recipient expends less than $300,000 in Federal awards -in its fiscal year, an audit conducted in
accordance' with the provisions of OMB Circular A-133, as revised, is not requ/red. In thc event that thc
recipient expends less than $300,000 in Federal awards in its fiscal year and elects to have an audit
conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must
be paid from non-Federal funds (i.e., the cost of such an audit must be paid from recipient funds obtained
from other than Federal entities).
The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via
the intemet at http://aspe.os.dhhs.gov/cfda.
DEP Agreement No. WAP029, AttaChment C, Page 1 of 5
PART H: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(1), Florida Statutes.
In the event that the recipient expends a total amount of State awards (i.e., State financial assistance
provided to the recipient to carry out a State project) equal to or in excess of $300,000 in any fmcal year of
such recipient, the: recipient must have a State single or project-specific audit for such fmcal year in
accordance with Section 215.97, Florida Statutes; applicable rules of the Executive Office of the Governor
and the Comptroller, and Chapter 10.600, Rules of the Auditor General. EXItlBIT 1 to this agreement
indicates State funds awarded through the Deparlxaent of Environmental Protection by this agreement. In
determining the State awards expended in its fmcal year, the recipient shall consider all sources of State
awards, including State funds receiVed from the Department of Environmental Protection, except that State
awards received by a .nonstate entity for Federal program matching requirements shall be excluded from
consideration.
2:
In connection with the audit requirements addressed in Part H, paragraph 1, the recipient shall ensure that
the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission
ora reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapter 10.600, Rules of
the Auditor General.
If the recipient expends less than $300,000 in State awards in its fiscal year, an audit conducted in
accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the
recipient expends less than $300,000 in State awards in its fiscal year and elects to have an audit conducted
in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid
from non-State funds (i.e., the cost of such an audit must be paid from recipient funds obtained from other
than State entities).
For information regarding the Florida Single Audit Act, including the Florida Catalog of State Financial
Assistance (CFSA), a recipient should access thc wcbsit¢ for the Governor's Office located at
http://sun6.dms.state.fl.us/fsaa/for assistance. In addition to the above website, the following websites may be
accessed for information: Legislature's Website http://www.leg.state.fl.us/, Governor's Website
http://www.flgov.com/, Department of Banking and Finance's Website
http://www, dbf. state.fl. ,,s/aadir/FSAAlndex.html, and the Auditor General's Website
http://sun6 .dms.state.fl.us/audgen. ~
PART HI: OTHER AUDIT REQUIREMENTS
(NOTE: Pursuant to Section 215.97(7)(m), Florida Statutes, State agencies may conduct or arrange for audits of
State awards that are in addition to audits conducted in accordance with SectiOn 215.97, Florida Statutes. In such
an event, the State agency must arrange for funding the full cost of such additional audits. This part wouM be used
to specify any additional audit requirements imposed by the State agency that are solely a matter of that State
agency'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).)
PART IV: REPORT SUBMISSION
Copies of audit reports for audits conducted in accordance with OMB Circular A-133, as revised, and
required by PART I of this agreement shall b~ submitted, when required by Section .320 (d), OMB
Circular A-133, as revised, by or on behalf of the recipient directly to each of the following:
DEP Agreement No. WAP029, Attachment C, Page 2 of S
The Department of Environmental Protection at each of the following addresses:
Dianne K. Crigger
Florida Department of Environmental Protection
Southeast District Office
P.O. Box 15425
West Palm Beach, Florida 33416-5425
Audit Director
Florida Depariment of Environmental Protection
Office of Inspector General
2600 Blair Stone Road, MS40
Tallahassee, Florida 32399-2400
Bo
The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of
copies required by Sections .320 (d)(1) 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
Seffersonvflle; IN 47132
Co
Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f),
OMB Circular A-133, as revised.
Pursuant to Section .320(0, OMB Circular A-133, as revised, the recipient shall submit a copy of the
reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management
letters issued by the auditor, to the Department of Environmental Protection at each of the following
addresses:
Dianne K. Crigger
Florida Department of En 'vtronmental Protection
Southeast District Office
P.O. Box. 15425
West Palm Beach, Florida 33416-5425
Audit Director
Florida Department of Enviromnen~ Protection
Office of Inspector General
2600 Blair Stone Road, MS40
Tallahassee, Florida 32399-2400
Copies of reporting: packages required by PART il of this agreement shall be submitted by or on behalf of
the recipient directly ~o each of the following:
A. The Depariment of Environmental Protection at each of the following addresses:
Dianne IC Crigger
Florida Deparlment of Environmental Protection
Southeast District Office.
P.O. Box 15425
West Palm Beach, Florida 33416-5425
DEP Agreement No. WAP029, Attachment C, Page 3 of 5
PAYMENT REQUEST SUMMARY FORM
FOR INTERLOCAL AGREEMENTS
GRANTEE:
GRANTEE'S GRANT MANAGER:
CO. AGREEMENT NO.:
PAYMENT REQUEST NO.:
DATE OF REQUEST:
PERFORMANCE PERIOD:
AMOUNT
REQUESTED:$
PERCENT MATCHING
REQUIRED:$.
GRANT EXPENDITURES SUMMARY SECTION
[Effective Date of Grant through End-of-Grant Period]
AMOUNT OF THIS TOTAL MATCHING
CATEGORY OF EXPENDITURE REQUEST CUMULATIVE FUNDS
PA YMENTS
Salaries $ $ $
Fringe Benefits $ $ $
Subcontracting:
Planning $ $ $
Design $ $ $
Construction $, $ $
Construction Related Costs $ $ $
Supplies/Other Expenses $ $ $
Land $ $ $
TOTAL REQUESTED $ $ $
TOTAL GRANT AGREEMENT $
Less Total Cumulative Payments of: $
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
T:Xcoastal~lake_worth_lagoon\O0-O 1 grfiboyntonX, invoice.wpd
lnterlocal Agreement, City of Boynton Beach, Exhibit D, Page 1 of 1