The URL can be used to link to this page

R00-001 RESOLUTION NO. R00-,~/ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA, FOR PARTIAL GRANT FUNDING OF THE PHASE 2 DOWNTOWN REGIONAL STORMWATER FACILITY, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon recommendation of staff, has deemed it to be in the best interests of the citizens and residents of the City of Boynton Beach, Florida to execute an Interlocal Agreement between the City of Boynton Beach and the Board of County Commissioners of Palm Beach County, Florida, approving the partial grant funding of the Phase 2 Downtown Regional Stormwater Facility; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The Mayor and City Clerk are hereby authorized to execute an Interlocal Agreement between the City of Boynton Beach and the Board of County Commissioners of Palm Beach County, which Agreement is attached hereto as Exhibit "A". Section 2. That this Resolution shall become effective immediately apon passage. PASSED AND ADOPTED this day of January, 2000. CITY OF BOYNTON BEACH, FLORIDA //~f'ce Mayor Commissioner Commissioner INTERLOCAL AGREEMENT }c.r -11.(` BETWEEN PALM BEACH COUNTY AND THE CITY OF BOYNTON BEACH This Interlocal Agreement is made the day of , 1999, between the City ofBoynton Beach, a municipality located in Palm Beach County. Honda (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 1 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 1 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 point performance, or performance of one unit on behalf of the other, of any of either governmental entity's authorized functions, and 1 WHEREAS, the County desires to environmentall\ restore and enhance the .ake Worth 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 (FDEP) Agreement SP505, as amended by Amendment No 1, the County has received a grant from the FDEP 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, BOD and flow of nutrients, all of which threaten the habitat therein; and WHEREAS, the City desires to collect stormwater from a ± 25 acre developed area and treat that water before releasing it into the 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 construction of Phase 2 of the Downtown Regional Stormwater Facility; and WHEREAS, the City and the County have mutually agreed to cooperate in a City project to construct Phase 2 of the Downtown Regional Stormwater Facility NOW THEREFORE, in consideration of the mutual representations, terms, and covenants 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 FDEP funds from the County to the City for the limited purpose of assisting in the construction of Phase 2 of the Downtown Regional Stormwater Facility, and to set forth the terms, conditions and obligations of each of the respective parties hereto The foregoing recitals are incorporated herein and are true and correct 2 Definitions. The following definitions shall apply to this Agreement A "Act" shall mean Part 1 of Chapter 163, Florida Statutes B "Agreement" shall mean this Interlocal 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 as Project 9, pages 2 through 4 of Attachment A -1 of Agreement SP505, as amended, attached hereto and made a part lc'Ie4)t ,is 1 xhihit , I' °'ek He i he , i 1,01 Documents Incorporated. 1\cept ct' othel tded Iieien, the ( It\ a&isee,111,it comply with all terms and conditions 1 ,■/' )I) as amended het &'been Palm BeaLt' County Board of County Commissioners and F DEP. attached hereto and made a part het eot as Exhibit -1 4 Countv's Representative /Monitoring Position. the ( minty s representatitie'contiat.i monitor durmu the term of this Agreement Is identified below Name Richard L `vA aleslk`r Dnectoi Address Palni Beach ( minty Department «1 l nv-ironmental Resour ties \lanagenient 32 Belvedete Road West Palm Beach, FI 11406 Phone is6!) - Mil Fay ( 561 1 2_11-2-11-1 Citv's Representative /Monitoring Position. Fhe 1 ity s representam enti act monitoi during the term of this agreement is identified below. Name John A (JUidrv, Director of Ltihttes Address 5 469 West Boynton Beach Boulekard Boynton Beach, FL 1-137 Phone 1 561) c -t 441 6 Effective Date /Term. [he term ot this Agreement shall he etVectik e on the date ot execution of the Agreement by both parties and shall continue u7 full force and effect tol up to eighteen months, inclusive, unless otherwise tei r mated as provided herein the County reserves the right to extend this Agreement for an additional ,iv months, or another term consistent with Paragraph of AgieemeM ,1!';(b is amended Im7nediately Following the term et the Agreement toi good cause she A∎n 1n ‘■,.iitinv., and slihmitted to the ( t no Ie than >>�•.� months before the date ot evpn,11nn 7 Responsihilities and Duties of the County. The County agrees to pay the City an amount not to exceed $250,000 to be used for the limited purpose of reimbursement for costs associated with construction of the Protect described below in Section 8, provided the City meets the minimum match requirement of$500,000 as noted in Attachment A -1 ofAgreement SP505, as amended 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 January 1, 2000, in accordance with Footnote 6 of Exhibit A, Attachment A -1, Page 1 However, construction costs are not reimbursable under this Agreement until the effective date of the Agreement 8 Responsihilities and Duties of the City. A The City agrees to construct Phase 2 of the Downtown Regional Stormwater Facility and do all the work related to this Project as more particularly described in Exhibit A, Attachment A -1, Project 9, pages 2 through 4, and B The City agrees to provide the funds for the balance of the Project not funded by the County, and C The City agrees to submit quarterly reports and invoices to the County by April 14, July 14, October 14 and January 14, and D The City agrees to complete the Project in a timely fashion, satisfying all necessary permits and inspections, and E Within two weeks of completion of the Project, the City agrees to submit a final Project report to the County The City understands that this Project report will be forwarded to the FDEP in conformance with the requirements of Paragraph 5 of 5 In the event that the protect not completed di the end of the contracted penon time the final amount ot the giant writ Irc urinated based on the animal( r construction completed and the original match -to -want t ail( 0 Payments /Invoicing and Reimbursement. ( ity :hall submit Inv owes tot ounty vy hich include a reference to this Agreement, identity the Protect and Idenni the amount due intt payable to City Invoices shall be itemized in sufficient detail for prepayment audit thereat City shall supply an further documentation deemed necessary by County Invoices recei ed from City 'gill he reviewed and apps ov ed kv the Department ot Environmental Resour Le- 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 vv ill then send the invoices to County s Finance Department for final approval and payment 10 Funding Source. The Countv and City agree that the sole funding source tor this agreement is grant money obtained by Countv from the FDEP and shall not eyceed d al dmouni 5250,000 It is also understood that the C ount\ performance and ohhgation ,o pa, contingent upon an annual appropriation to FDEP by the Legislature I I Access and Audits. City shall maintain adequate records to tustifv all charges expenses and costs incurred in accordance with generally accepted accounting principals Roth the C aunty and the FDEP shall have access. to all books 1 ecords and document as 1 equired in rhtis 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 Protect 12 Renewal. This Agreement may not he renewed 13 Breach /Opportunity to Cure. The parties hereto expressly covenant and agree that in the event either party is in default of its oblu ations 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 14 Termination. This Agreement may be terminated by either party to this Agreement upon 30 days written notice to the other party 15 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 16 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 17 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 18 Filing. A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County 19 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, 7 pursuant t, Section 768 28 idol Ida 'statut, 20 Indemnification. Without vs, er rifhmnation ati pi iy toed tor nl `yeL_tron r,s 18i; Hot Statutes and to the extent permitted H\ laxv the t ounty ieiees to indemnih ;nd hoar harmless the City from any claims losses demands or , _ause ()faction ()CY, hatsoeve, kind nature that the Citv, its agents or employees_ may of Lould sustain as a result of emanative out of the terms and conditions contained in this agreement that result trom the ( 0001 negligence or willful misconduct Without waiver ot limitation as provided tor in Sectikm 768 28(5) Florida Statutes, and to the evtent permitted by law the City agrees to indeniiaty. and hold harmless County from any claims Iosses, demands or cause ofaction ot whatsoev kind or nature that the Countv its agents 01 etnplovecs may .ould sustain as a iesutt or emanating out of the terms and conditions contained in this Agreement that result from the City' negligence or willful misconduct Nothing herein shall he construed as a vvaivei 0 sovereign immunity by either party, pursuant to Section 768 28 Honda Statutes i insurance. Without waiving the right to Sovereign Immunity as provided by Section 768 28 Honda Statutes. the ( . acknovv ledges self- insured undei State Soy ereign Immunity statutes with coverage lnuits of 5100,000 Per Person and $200 000 Per Occurrence or suer monetary waiver limits that may change and he set forth by the legislature, which the C aunty agrees to recognize as acceptable coverage for General Liability and Automobile Liability insurance En the event the Cio, voluntarily elects to maintain a ( ommercral (general Liability and /or a Business Auto Ltahtlity insurance policy in lieu ot evcluslve sett- insurance undo Section 768 28 Florida Statutes the City shall agree to add the County as an ,. additional Insured" with respect to liability arising out of the City's operations or premises owned by or rented to the City which is subject to this Agreement Said insurance policies shall have a minimum limit of 5500,000 combined single limit of bodily injury or property damage The City shall either self-insure or maintain insurance for Worker s Compensation insurance for all of its employees connected with the work of this Agreement and, in case any work is subcontracted, the City shall require the subcontractor similarly to provide Worker's Compensation for all of the subcontractor's employees unless such employees are provided coverage by the City The City shall agree to have adequate property Insurance, including builder's risk coverage while the project is in the course of construction, maintained in adequate limits of coverage on the building and contents based on the City's probable maximum loss estimates against the perils of fire, wind, flood, and other hazards City shall agree to be fully responsible for any deductible or self- insured retention When requested, the City agrees to provide a Certificate of Insurance or affidavit evidencing the required insurance coverages or Sovereign Immunity status above 22 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 includes compliance with all applicable federal, state and local health and safety rules and regulations The City turther agrees to include this provision in all subcontracts issued as a result of this Agreement 23 Amendments. This Agreement may only be amended by written Agreement executed by both parties hereto 9 } Remedies. this Agreement steal OHsuite'.t'rV h\ rill`!+.'.. "9,11 Florida am and all legal action hecessaly it, enfora the -Ai/reemcnm ' iii he �el�t rat ►� -,1 Beach County No remedy herein conferred upon anv n)arty 1s intended to he ctxchist , e other remedy and each and every such reined\ shall 'le ,1mulanve and •hall he 111 addeth to every other remedy given hereunder o1 no or hereafter existing at law Nuttv statute or otherwise No single or partial exercise h\ anv party et an right power o I emeuv hereunder shall preclude any other or further exercise thereof 25 Time of the Essence. l he parties evpressIv agree that time Is of the essence in tnnn Agreement and the failure h\ a partv to complete performance- within the time specified within a reasonable time if no time is specified herein shall. at the option of the other partv without liability. in addition to anv other rights or 1 emedres relieve the other partv et _inv obligation to accept such performance 26 Equal Opportunity Provision. The County and the City agree that no person shall_ on the grounds of race. color, sex national origin disability tehgron ancestry marital status to sexual orientation be excluded from the benefits of or he subjected to anv torn, —1 discrimination under anv actl`vlty carried out by the pertormance of this agreement 27 Captions. The captions and section designations herein set forth are for camentence onlv and shall have no substantive meaning 28 Severability. In the event that anv section_ paragraph, sentence clause or pro ision her eot 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 to ce and effect 29 Entirety of Agreement. This Agreement represents the emu e understanding betvNeen 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 PALM BEACH COUNTY, FLORIDA BY ITS BOARD OF COUNTY f COMMISSIONERS t By fl � 1"/ By Mayor Dgt ► ► ► ►i�ii��,� Chair Date 4 � 0 AT 0 N ATTEST = ▪ 0 io ATTEST ▪ v. �9 DOROTHY H WILKEN, CLERK ti• Aro —__ By Date Date APPROVED • . S TO FORM AND APPROVED AS TO FORM AND LEG• .UF ICIENCY LEGAL SUFFICIENCY By J Ali / By Ci s • ttorney Irr County's Attorney 1 `coanta I lake _ worth_ lagoon 99- OOgrt\ nom tonV wpd I t ;a ^- ,'- ; 1 MAI? IJ 2 1999 DEP AGREEMENT Na SP505 STATE OF FLORIDA GRANT ASSISTANCE PURSUANT TO LINE ITEM 1299A OF TIIE 1998 - 99 APPROPRLATIONS ACT THIS AGREEMENT is entered into between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, whose address is 3900 Commonwealth Boulevard, Tallahassee, Florida 32399 (hereinafter referred to as the "Department ") and the PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS, whose address is 3323 Belvedere Road, Building 502, West Palm Beach, Flonda 33406 (hereinafter referred to as "Grantee "), a local government, to perform Lake Worth Lagoon Restoration and Enhancement Projects In consideration of the mutual benefits to be derned herefrom, the Department and the Grantee do hereby agree is folloN%s• I The Grantee does hereby agree to administer and manage subgrants for Lake Worth Lagoon Restoration and Enhancement by entering into subagreements with the various Subgrantees NN ho will perfom projects in accordance with the terns and conditions set forth in this Agreement, Attachment A (Scope of Services), and all attachments and exhibits named herein which are attached hereto and incorporated herein by reference. Nothing herein shall preclude the Grantee from funding approved projects done directly by the Grantee. 2 This Agreement shall begin upon execution by both parties and shall remain in effect for thirty-six (36) months, inclusive. In accordance with Section 287 058(2), Florida Statutes, the Grantee shall not be eligible for reimbursement for services rendered prior to the execution date of this Agreement. This Agreement may be amended to provide for additional services if additional funding is made available by the Legislature 3 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 $1,000,000 The Grantee shall be reimbursed on a cost reimbursement basis in accordanc • with the Comptroller's Contract Payment Requirements, attached hereto and made a part hereof as Att... ,.ent B. If the Grantee finds that the work described in Attachment A cannot be accomplished for the curr: estimated amount, as indicated in Column E of the table of Page 1 of Attachment A, the parties hereto agree to modify the Scope of Services descnbed in Attachment A to provide for the restoration services that can be accomplished for the funding identified above. In the event of such modification to the Scope of Services, it is understood and agreed that the individual match amounts for each project shall not fall below fifty percent (50 %) of the total project cost. All bills for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof. All requests for reimbursement of travel expenses shall be submitted to accordance with Section 112.061, Florida Statutes. 4 The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. 5. The Grantee shall submit im°Ices on a convenient basis, but not more frequently than monthly and not less frequently than quarterly. Invoices shall be subnutted in conjunction with progress reports describing the work performed, problems encountered, problem resolution, schedule updates and proposed work for the next reporting p, ,d. If advance payment is authorized, the Grantee shall report (and documcnt) the amount of funds expended dh 'g the reporting period, the Agreement expenditures to date, interest earned during the quarter and clearly in ate the method for repayment of the interest to the Department (see paragraph 19). It is hereby understood anu .greed by the parties that the tern "quarterly" shall reflect the calendar quarters ending March 31, June 30, September 30 and December 31. The Grantee and each subgrantee is required to submit a final project report upon completion of the projcct for nh►ch they arc responsible for conducting. Said project reports shall be submitted to the Department's Agreement Manager no later than thirty (30) days following projcct completion Which must occur at least sixty (60) days prior to the completion date established in paragraph 2 above al 1111 "., • -_._ __,._. 10— CDCAC Ms... 1 nr 4 6 Pursuant to Section 215.422, Florida Statutes, thc Department's Agreement Manager shall have five (5) working days. unless othens ise specified herein. to inspect and approve the services for payment; thc Department must submit a request for payment to the Florida Department of Banking and Finance within twenty (20) days; and the Department of Banking and Finance is given ten (10) days to issue a warrant. Days are calculated from the latter date the invoice is received or services received. inspected, and approved. Invoice payment requirements do not start until a proper and correct invoice has been received. Invoices which have to be returned to a grantee for correction(s) will result in a delay in the payment. A Vendor Ombudsman has been established within the Florida Department of Banking and Finance w ho may be contacted if a contractor is experiencing problems in obtaining timely payment(s) from a State of Florida agency. The Vendor Ombudsman may be contacted at 850/488 -2924 or 1- 800 -848 -3792. 7. In accordance with Section 215.422. Florida Statutes, the Department shall pay the Grantee, interest at a rate as established by Section 55.03(1), Florida Statutes on the unpaid balance, if a warrant in payment of an invoice is not issued within forty (40) days after receipt of a correct invoice and receipt, inspection, and approval of the goods and services. Interest payments of less than S1 will not be enforced unless a grantee requests payment. The interest rate established pursuant to Section 55.03(1), by Comptroller's Memorandum No. 11 (1998 -99) dated December 2, 1998, has been set at 10% per annum or .02740% per day. The revised interest rate for each calendar year beyond 1999 for which the term of this Agreement is in effect can be obtained by calling the Department of Banking and Finance, Vendor Ombudsman at the telephone number provided above or the Department's Contracts Section at 850/922 -5942. 8. 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. 9. 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 termination. 10. This Agreement may be unilaterally canceled by the Department for refusal by the Grantee to allow public access to all 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. 11. The Grantee 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. 12. In accordance with Section 216.349, Florida Statutes (financial review of grants and aids appropriations), the Grantee shall provide to the Department one of the following: (a) if the amounts received exceed $100,000, an audit of this Agreement in accordance with the rules of the Auditor General promulgated pursuant to Section 11.45, Florida Statutes: or (b) if the amounts received are greater than S25,000 but do not exceed $ 100,000, a statement prepared by an independent certified public accountant which attests that the Grantee has complied with the provisions of this Agreement or an audit as descnbcd under (a) above, or (c) if expenditures are less than $25,000, an attestation by the head of the entity or organization, undcr penalty of perjury, that the entity or organization has complied with the provisions of this Agreement. The Departrnent reserves the right to recover costs for failure to comply with Section 216.349, Florida Statutes. Copies of the required statement or audit, as applicable, shall be sent to each of the following within six (6) months following the completion of each of the Grantee's fiscal years in which thc Agreement is in effect. DEP Agreement No. SP505, Page 2 of 5 -John Moulton Depaninent of Environmental Protection Southeast District Office Post Office Box 15425 West Palm Beach, Flonda 33416 -5425 -Audit Director (MS40) Department of Environmental Protection 2600 Blair Stone Road Tallahassee. Flonda 32399 -2400 -Audit Manager Office of the Auditor General P O. Box 1735 Tallahassee, Florida 32302 To ensure compliance with Section 216.349, Florida Statutes, Chapter 10 600, Rules of the Auditor General is provided as Attachment C. Although this document is provided as an attachment to this Agreement, the Grantee acknowledges that this rule is subject to periodic revision by the Auditor General, and as such, the Grantee agrees to comply with the effective version of the rule at the time of satisfying the audit requirements of this Agreement. 13. The Grantee is authorized to subcontract with the entities identified in Attachment A. The Grantee shall not otherwise subcontract, assign, or transfer any work under this Agreement without the pnor written consent of the Department's Agreement Manager. The Grantee agrees to be responsible for the fulfillment of all work elements included in any subcontract consented to by the Department and agrees to be responsible 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 14. In accordance with Section 216.347, Flonda 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 15 A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity cnme may not perform work as a grantee, contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, F.S., for Category Two, for a period of 36 months from the date of being placed on the convicted vendor list 16. The Grantee shall comply with all applicable federal, state and local rules and regulations in providing services to the Department 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. 17, The Department's Agreement Manager for this Agreement is identified below Name° John Moulton Address Department of Environmental Protecuon Southeast Distnct Office 400 North Congress Avenue West Palm Beach, Flonda 33416 -5425 Phone 561/681 -6600 Fax 561/681 -6755 18 The Grantee's Agreement Manager for this Agreement is identified below. Name: Richard E. Walesky Address: Palen Beach County Environmental Resources 3323 Belvedere Road, Building 502 West Palm Beach, Florida 33406 Phone: 561/233 -2400 Fax: 561/233 -2414 19. In accordance with Section 216.181(15)(b), Florida Statutes, the Department, upon written request from the Grantee and written approval from the Comptroller, may provide an advance to the Grantee. The Grantec may temporarily invest the advanced funds, provided that any interest income shall either be returned to the Department, within thirty (30) da) s of each calendar quarter or be applied against the Deparunent's obligation to pay, if applicable, under this Agreement. Interest earned must be returned to the Department within the timeframe identified above or invoices must be received within the same timeframe that shows the offset of the interest earned. Unused funds, and interest accrued on any unused portion of advanced funds which has not been remitted to the Department, shall be returned to the Department within sixty (60) days of Agreement completion. The parties hereto acknowledge that the State Comptroller may identify additional requirements which must be met in order for advance payment to be authorized. If additional requirements are imposed by the State Comptroller, the Grantee shall be notified, in writing, by the Department's Agreement Manager regarding the additional requirements. Prior to releasing any advanced funds, the Grantee shall be required to provide a written acknowledgement to the Department's Agreement Manager of the Grantee's acceptance of the terms imposed by the State Comptroller for release of the funds. 20. 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 subcontracted, 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 self - 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. 21. The Grantee warrants and represents that it is self - funded for liability insurance, appropriate and allowable under Florida law, and that such self- insurance offers protection applicable to the Grantee's officers, employees, servants and agents while acting within the scope of their employment with the Grantee. 22. The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 23. The purchase of non - expendable equipment costing $500 or more is not authorized under the terms of this Agreement. 24. The Department may at any time, by written ordcr designated to be a change order, make any change in the work within the general scope of this Agreement (e.g., specifications, time, method or manner of performance, requirements, etc.). All change orders are subject to the mutual agreement of both parties as evidenced in riting. Any change ordcr which causes an increase or decrease in the Grantee's cost or time shall require formal amendment to this Agreement. DEP Agreement No. SP505, Page 4 of 5 25 It is understood and agreed that the Grantee, and its subgrintces, shall not be compensated under this Agreement for any chemical or biological sampling and analysis performed as a component of the projects dcscnbed in Attachment : Therefore. the Department's Quality Assurance (QA) Requirements and Data Validation Requirements shall not apply to this Agreement 26 This Agreement represents the enure agreement of the panics. Any alterations, variations, changes. modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement unless otherwise provided herein IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year last w nttcn below PALM BEACH COUNTY BOARD STATE OF FLORIDA DEPARTMENT OF OF COUNTY COMMISSIONERS ENVIRONMENTAL PROTECTION 9 3B 0 A _ . B y: ____ =- ' - B y. ,1 _ Title: Chair Maude Ford Lee Secretary or designee MAR a21999 Date Date: FEID No.: 59- 6000785 D ' Agreement Manager DOROTHY H. WILKEr$ 4LERK'• - '0, ;' Board of County C orn rt�9sioners„ By Q ' �l el 1 '.'r �' DEP Contracts Administrator , DEPUTYCRK `oou! r '( � LE 0 LE L S F = Approved as to form and legality AP • ROVED'o • O FORM` ;;J, AG NCY ..;,.,:±-:?.- k."- , ___ County Attorney Dt Attorney *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 Agreement or must accompany the Agreement List of attachments/exhibits included as part of this Agreement Specify Letter/ Type Number Description (include number of pages) _ Attachment A Scope of Services (23 Pages) Attachment B Comptroller Contract Payment Requirements (I Page) Attachment C Chapter 10 600, Rules of the Auditor General (5 Pages) ncn A...............• M. cycl c PUllP 5 of 5 ATTACHMENT A SCOPE OF SERVICES Legislative Line Item Appropriation 1299A provided S1,000,000 for Lake Worth Lagoon Restoration and Enhancement Projects. A total of clever (1 I) Grant Applications for various projects «ere submitted by qualified applicants and reviewed by a Selection Committee comprised of representatives from the Department of Environmental Protection, the South Florida Water Management District, the U.S. Fish and Wildlife Service, the West Palm Beach Fishing Club and the Florida hiland Navigation District. The following table identifies the projects which the Selection Conunittee approved on October 14, 1998 for funding under this specific appropriation. LAKE NORTH LAGOON RESTORATION AND EN1IA.10EMENT PROJECTS FUNDED PURSU.S. .NT TO SFV98 -99 LINE ITEM APPROPRIATION NO. 1299A Project Project Descnption Responsible Original Onginal Grant (A -BYA Grant Award (C/(1 -R)1 -C Revised Total Number Local Estimated Request Grantee/ (Grant Award Government Cost of Project Subgrantee + Minimum Minimum Match) • Match (A) (B) (R)' (C) (D) (El 1 Artificial Reef School Distnct S102,000 551,000 .50 551,000 S51,000 5102,000 Habitats of Palm Beach County 2 Downtown City of S5.000,000 SI,000,000 80 5300,000 S1,200,000 51.500.000 Watershed Regional Boynton Beach Stormwatcr Facility 3 Lake Park Manna Town of Lake S125,000 S42,500 .66 542,500 S82,500 5125,000 Pump Out Facilities Park 4 Lake Park Town of Lake S160,000 S80,000 .50 580,000 S80,000 S160,000 Stormwater Park Management 5 Port of Palm Beach Port of Palm 5600.000 5300,000 50 5147,408 5147,408 5294,816 Master Drainage Beach - Plan Improvements 6 Renaissance Project City of West 51,666,628 S300,000 .82 5100,000 5455,556 5555,556 Phase I - Treatment Palm Beach and Diversion' 7 Peanut Island Palm Beach 51,693,765 S250,000 .85 5250,000 51,443,765 51,693,765 Environmental County Board Restoration of County Commissioners 8 Contract Palm Beach n/a n/a n/a 529,092 n/a n/a Administration County Board (associated wah of County projects 1-6) Commissioners Totals 59,347,393 S2.023.500 — 51,000,000 53,460,229 S4,431,137 Notes. 'Should the City of West Palm Beach (Project No. 6) not receive permits on a timely basis (within sixty (60) days of executing a subagreement with Palm Beach County), their allocation will be transferred to the City of Boynton Beach (Project No. 2). 2 At the time of application for the grant, the grant applicants agreed to pay for this much of the project. Except as provided for in paragraph 3 of this Agreement, individual match commitments shall be identified and monitored for each grantee/subgrantee and shall, at a minimum, meet the proposed match percentages identified in the grant applications submitted for project evaluation and selection 3 1n determining compliance with match requirements, each grantee/subgrantee may use activities undertaken on or after the projected project start date established in Attachment A, Projects 1 - 7 (as appropriate). 'For Projects 1 - 7, only construction activities (as described below and performed during the term of this Agreement) will be eligible for reimbursement under this Agreement. For purposes of this Agreement the term "Construction" shall mean the following: 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. DEP Agreement No. SP505, Attachment A, Page 1 of 23 Pages 2 -23 of Attachment A ofAgreement SP5O5, as amended, have been omitted from Exhibit A since they are not relevant to projects for SFY99 -00 For a copy of these pages, please call Ginny Powell, Palm Beach County Department ofEnvironmental Resources Management Phone 561/233 -2512 Pages 2 -23 of Attachment A of Agreement SP505, as amended, have been omitted from Exhibit A since they are not relevant to projects for SFY99 -00. For a copy of these pages, please call Ginny Powell, Palm Beach County Department ofEnvironmental Resources Management, Phone 561/233 -2512 ATTACHMI II Comptroller Contract Payment Requirements Department of Banking and Finance, Bureau of Auditing Nlanual (10/07197) Cost Reimbursement Contracts Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.) Supporting documentation must be provided for each amount for w hich reimbursement is being claimed indicating that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service Only expenditures for categories in the approved contract budget should be reimbursed Listed below are examples of types of documentation representing the minimum requirements (1) Salaries: A payroll register or similar documentation should be submitted The payroll register should show gross salary charges, fringe benefits, other deductions and net pay If an individual for NN hom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable (2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee (e g., insurance premiums paid) If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits (3) Travel: Reimbursement for travel must be in accordance with Section 112 061, Florida Statutes, which includes submission of the claim on the approved State travel voucher or electronic means (4) Other direct costs: Reimbursement will be made based on paid invoices /receipts If nonexpendab "le property is purchased using State funds, the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with Department of Management Services Rule 60A- 1.017, Florida Administrative Code, regarding the requirements for contracts which include services and that provide for the contractor. to purchase tangible personal property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the State. (5) In -house charges: Charges which may be of an internal nature (e g , postage, copies, etc.) may be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable. (6) Indirect costs If the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown. Pursuant to 216.346, Florida Statutes, a contract between state agencies including any contract involving the State University system or the State Community College system, the agency receiving the contract or grant moneys shall charge no more than 5 percent of the total cost of the contract or grant for overhead or indirect cost or any other cost not required for the payment of direct costs ATTACHMENT C RULES OF THE AUDITOR GENERAL CHAPTER 10.600 AUDITS OF STATE GRANTS AND AIDS APPROPRIATIONS UNDER SECTION 216.349, FLORIDA STATUTES EFFECTIVE 9 -30 -97 • DEP Contract No. SP505, Attachment C, Page 1 of 5 RULES OF THE AUDITOR GENERAL CHAPTER 10.600 TABLE OF CONTENTS Rule Section No. Description Page PREFACE TO RULES 1 10.610 DEFINITIONS .. 3 1 0 620 AUDIT REQUIREMENTS 4 10.630 EFFECTIVE DATE 4 APPENDIX 5 PREFACE TO RULES Section 216.349, Florida Statutes, imposes audit requirements on recipients of grants and aids appropriations from State agencies. The grants and aids appropriations referred to in Section 216.349, Florida Statutes, are those designated as "grants and aids" in a Florida appropriations act. The beginning point of any audit required by this section of law should be a determination of which State moneys received by the auditee are grants and aids appropriations as described above. The Auditor General has no authority or responsibility to determine which grants and aids are covered by this section of the Florida Statutes. Because of responsibilities assigned to the administering State agency and the Comptroller of the State of Florida, either or both should be able to assist the auditee in determining which grants and aids come under Section 216.349, Florida Statutes. The administering State agency should also be consulted regarding any specific form requirements for the required report and schedule, These rules apply only to grants made by State agencies from appropriations designated as "grants and aids" in a Florida appropriations act. These rules do not apply to grants made from sources of money other than those designated as "grants and aids" in a Florida appropriations act. There may be occasions when State grants and aids appropriations moneys received from a State agency include Federal moneys. Certain changes to these rules have been made to assist State agency Federal award pass - through recipients in their effort to implement new Federal requirements (Le., Single Audit Amendments of 1996 and revised OMB Circular A -133) while still complying with the Section 216.349, Florida Statutes, requirements. The most significant change to these rules is the requirement that the auditor conduct an examination in accordance with AICPA attestation standards and issue an examination attestation report addressing compliance with the grant requirements. Since the primary objective of a Section 216.349, Florida Statutes, audit is to determine the recipient' s compliance with the grant provisions (including a determination of whether the grant funds were used for authorized purposes), an examination conducted in accordance with AICPA attestation standards should be sufficient to meet this objective. AICPA attestation standards are not significantly different from AICPA auditing standards and the level of audit work necessary to meet this objective would not vary significantly whether done as part of an audit or as part of an attestation engagement. An examination done in accordance with AICPA attestation-standards provides a high level of assurance (Le., an opinion) and should satisfy the monitoring needs of pass- through Federal award recipients. Examinations intended to satisfy such monitoring needs would be limited to the five types of compliance requirements specified in OMB Circular A -133 for limited scope audits. Another advantage of an examination conducted in accordance with AICPA attestation standards is that the auditor' s examination attestation report is essentially the same regardless of whether or not the grants and aids recipient is a local govemment, not - for - profit or for - profit organization, or had a financial statement audit. The use of the same report to satisfy applicable Federal subrecipient monitoring requirements and /or State grants and aids appropriations audit requirements should ease administrative burdens imposed on State agencies. The basis for determining which Federal award recipients are required to have a Federal single audit (i.e., amount of Federal awards expended) differs from the basis for determining which grants and aids recipients are required to provide for an audit pursuant to Section 216.349, Florida Statutes (i.e., the amount of grants and aids moneys received). Accordingly, Federal award recipients required to provide for an audit pursuant to the Federal Single Audit Act must prepare a schedule of expenditures of Federal awards whereas State grants and aids recipients required to provide for an audit pursuant to Section 216.349, Florida Statutes, must prepare a schedule of State financial assistance. Because information required for a schedule of expenditures of Federal awards differs from that required for a schedule of State financial assistance, State grants and aids moneys that involve Federal awards will have to be included on the schedule of expenditures of Federal awards (when that schedule is required pursuant to the Federal Single Audit Act) and on the schedule of State financial assistance. The schedule of State financial assistance should be footnoted to indicate the extent of duplication of moneys on the two schedules. The auditor must determine from the grant agreement and /or inquiries with the granting agency the level or amount of testing necessary to report on whether or not the expenditures of the grants were in accordance with all legal and regulatory requirements and that the funds were not used for the purpose of lobbying the Legislature, the judicial branch, or a State agency. Nothing in these rules precludes the auditor from testing grant moneys for both Federal and State requirements at the same time. However, as stated earlier, these rules do require a schedule of State financial assistance and the auditor' s examination attestation report should refer specifically to the schedule of State financial assistance. The schedule of State financial assistance should clearly distinguish State grants and aids moneys from other State financial assistance. Nothing contained in these rules precludes a State granting agency from imposing requirements that are in addition to those specified in these rules. History. New 06 -30-93 Amended 06- 30.94, 06- 30-95, 09 -30-97 10.610 DEFINITIONS (1) As used in these Rules, the term: (a) "Local govemmental entity" means a county agency, municipality, or special district or any other entity (other than a district school board or community college), however styled, that independently exercises any type of govemmental function. (b) "Nonprofit organization' means any organization which meets the definition of a not -for- profit organization provided in Financial Accounting Standards Board Statement 116, Appendix D. (c) "For - profit organization" means any organization which is not a govemmental entity or a nonprofit organization. General Authority and Law Implemented - Section 11 45, Flonda Statutes, and Section 216 349, Florida Statutes. History New 06 -30-92 Amended 06- 30-93, 06- 30-94, 06-30 -95, 09 -30-97 DEP Contract No. SP505, Attachment C, Page 3 of 5 10.620 AUDIT REQUIREMENTS (1) When an audit is required pursuant to Section 216.349, Flonda Statutes, the audit shall be an examination conducted in accordance with attestation standards promulgated by the Amencan Institute of Certified Public Accountants. Grantor State agencies may also impose additional requirements. (2) The report produced in compliance with Section 216.349, Florida Statutes, shall contain a schedule of State financial assistance which meets the requirements of the granting agency(s) and a written report which includes an opinion on management' s assertion about the entity' s compliance with grant requirements. Additionally, the report should refer to the schedule of State financial assistance and should indicate whether, in the auditor' s opinion the applicable management assertions are fairly stated , n all material respects. General Authority and Law Implemented - Section 11 45, Flonda Statutes, and Section 216 349, Flonda Statutes History New 06 -30-92 Amended 06- 30-93, 06- 30-94, 06- 30-95, 09 -30-97 10.630 EFFECTIVE DATE These Rules, as amended, shall take effect September 30, 1997, and are applicable to audits for fiscal years ending September 30, 1997, and thereafter General Authority and Law Implemented - Section 11.45, Florida Statutes, and Section 216 349, Flonda Statutes History New 06 -30-92 Amended 06- 30-93, 06- 30-94, 06- 30-95, 09- 30-96, 09 -30-97 Renumbered 09 -30-97 (formerly 10 640) nra Nn CPcng Attarhment C _ Pacie 4 of 5 APPENDIX EXCERPT FROM FLORIDA STATUTES, 1997 216.349 Financial review of grants and aids appropriations; audit or attestation statement.- - (1) Before disbursing any funds from a grants and aids appropriation pursuant to a grant or contract, the state agency, or the judicial branch, authorized by the appropriations act to administer the funds and the Comptroller must independently ensure that the proposed expenditure is in accordance with all legal and regulatory requirements and find that the terms of the grant or contract specifically prohibits the use of funds for the purpose of lobbying the Legislature, the judicial branch, or a state agency. (2) Any local govemmental entity, nonprofit organization, or for - profit organization that is awarded funds from a grants and aids appropriation by a state agency shall: (a) If the amounts received exceed $100,000, have an audit performed in accordance with the rules of the Auditor General promulgated pursuant to s. 11.45; (b) If the amounts received exceed $25,000 but do not exceed $100,000, have an audit performed in accordance with the rules of the Auditor General promulgated pursuant to s. 11.45 or have a statement prepared by an independent certified public accountant which attests that the receiving entity or organization has complied with the provisions of the grant; or (c) If the amounts received do not exceed $25,000, have the head of the entity or organization attest, under penalties of perjury, that the entity or organization has complied with the provisions of the grant. All audits performed or attestation statements prepared under this subsection shall be filed with the granting agency and with the Auditor General. History. — s 29, ch. 91 -109; s. 78, ch. 92 -142. Note: The above excerpt from the Florida Statutes is based on Section 216.349, Florida Statutes (1996 Supplement), which was not amended during the 1997 legislative session. The codified 1997 Florida Statutes were not available at the time theses Rules were updated. DEP Contract No. SP505, Attachment C, Page 5 of 5 DEP AGREEMENT NO SP505 AMENDMENT NO THIS AGREEMENT as entered into on the 2 " day of March, 1999, between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the "Department ") and the PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS (hereinafter referred to as the "Grantee ") is hereby amended. WHEREAS, Line Item appropriation 1185 of the 1999 -2000 General Appropriations Act awarded an additional $1,500,000 to the Department for restoration and enhancement projects for the Lake Worth Lagoon; and, WHEREAS, the Department received and approved eight (8) additional grant project proposals which shall be funded in part, from such appropriation; and, WHEREAS, a time extension is necessary to complete the proposed projects; and, WHEREAS, the Grantee shall be compensated for its administrative role in managing the additional Lake Worth Lagoon subgrants as set forth in Attachment A -1, Supplemental Scope of Services; and, WHEREAS, other changes to the Agreement are necessary NOW, THEREFORE, the Agreement is hereby amended as follows: -- All references to Attachment A, Scope of Services, are hereby revised to include Attachment A -1, Supplemental Scope of Services, attached hereto and made a part hereof. -- Paragraph 2 is hereby deleted in its entirety and replaced with the following: 2. This Agreement shall begin upon execution by both parties and shall remain in effect for sixty (60) months, inclusive. However, all services set forth in Attachment A, Scope of Services, shall be completed no later than March 1, 2002; and all services set forth in Attachment A -1, Supplemental Scope of Services, shall be completed no later than March 1, 2004. In accordance with Section 287.058(2), Florida Statutes, the Grantee shall not be eligible for reimbursement for services rendered prior to the execution date of this Agreement. This Agreement may be amended to provide for additional services if additional funding is made available by the Legislature. -- Paragraph 3 is hereby revised to increase the maximum compensation amount under this Agreement from $1,000,000 to $2,500,000 (an increase of $1,500,000) -- Paragraph 12 is hereby deleted in its entirety and replaced with the following: 12. In addition to the provisions contained in paragraph 11, the Grantee shall comply with the applicable provisions contained in Attachment C (Revised), Special Audit Requirements, attached hereto and made a part hereof. A revised copy of Attachment C (Revised), Exhibit -1, must be provided to the Grantee with each amendment which authorizes a funding increase or decrease. The revised Exhibit -1 shall summarize the funding sources supporting the Agreement for purposes of assisting the Grantee in complying with the requirements of Attachment C (Revised). If the Grantee fails to receive a revised copy of Attachment C (Revised), Exhibit -1, the Grantee shall notify the DEP's Contracts Administrator at 850/922 -5942 to request a copy of the updated information. DEP Agreement No. SP505, Amendment No. 1, Page 1 of 2 • - Paragraph _ 17 is hereby revised to change the phone number provided for contacting the Department's Agreement Manager to the following: Phone: 561/681 -6774. -- Attachment A -1, Supplemental Scope of Services, is hereby added to the Agreement. -- Attachment C (Revised), Special Audit Requirements, is hereby added to the Agreement. -- Attachment C, Rules of the Auditor General, is hereby deleted in its entirety. In all other respects, the Agreement of which this is an Amendment, and attachments relative thereto, shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Amendment to be duly executed the day and year last written below. PALM BEACH COUNTY BOARD STATE OF FLORIDA DEPARTMENT OF COUNTY COMMISSIONERS OF ENVIRONMENTAL PROTECTION By: BY i . A APJEAM44 Title: Seer t or design - e Date: Date: 1/ 2 l f 9 4 ATTEST: flt��ti . Deputy Clerk DEP Contracts Administrator / Approved as to form and legal sufficiency: Approved as to form and legality: County Attomey DEP ttorney *For Agreements with governmental boards /commissions: If someone other than the Chairman signs this Amendment, a resolution, statement or other document authorizing that person to sign the Amendment on behalf of the Grantee must accompany the Amendment. List of attachments/exhibits included as part of this Amendment: Specify Letter/ Type Number Description (include number of pages) Attachment A -1 Supplemental Scope of Services (25 Pages) Attachment C (Revised) Special Audit Requirements (10 Pages) DEP Agreement No. SP505, Amendment No. 1, Page 2 of 2 TTACHMENT A- SUPPLEMENTAL SCOPE OF SERVICES Legislative Line Item Appropnation 1185 provided 81,500,000 for Lake Worth Lagoon Restoration and Enhancement Projects. A total of thirteen (13) Grant Applications for various projects were submitted by qualified applicants and reviewed by a Selection Committee compnsed of representatives from the Department of Environmental Protect ion, the South Honda Water Management District, the U.S. Environmental Protection Agency, the West Palm Beach Fishing Club and the Florida Inland Navigation District Th following table identifies the projects which the Selection Committee approved on September 1, 1999 for funding under this specific appropriation LAKE WORTH LAGOON RESTORATION AND ENHANCEMENT PROJECTS FUNDED PURSUANT TO SFY99 -00 LINE ITEM APPROPRIATION NO. 1185 Project Project Description Responsible Original Onginal Grant (A -B)/A Grant Award ; [C /(1 -R)) -C Revised Total ; Number Local Estimated Request (Percentages ' Grantee/ I (Grant Award i Government Cost of Project rounded to the Subgrantee i • Minimum nearest Minimum Match) hundredth 1 Match (A) ( ii ___...ice (C) (D) {{ 9 Downtown Regional City of 750,000 250,000 1 6" 250,000 1 500,000 f 750,000 ' Stormwater Facility Boynton Beach 10 Hypoluxo Town of 1,414,510 707 255 ±- `.0 450,000 f 450,000 900,000 Installation of Hypoluxo Sewers 11 Stormwater Town of Lake 146,000 73,000 1 so 73.000 I 73,000 1 146,000 OutfalliTreatment I Park Retrofit 12 Palm Beach Par 3 Town of Palm 440,000 200,000 1 55 200,000 i 239,560 439.560 Golf Course Habitat Beach Restoration f 13 Municipal — City of Riviera 202,360 1 101,180 50 100,000 L 100,000 , 200,000 , Stormwater Beach Management System Improvements . Program' i 14 Renaissance Project, City of West 2,450,000 300,000 1 88 200,000 k 1,426,016 1. 1,626,016 # Phase I - Treatment Palm Beach & Diversion' 15 John's Island Palm Beach 826,000 206,500 75 202,475 607,425 809,900 } Restoration C ounty Board of County Commissioners _ 16 Lake Worth Golf Palm Beach 8,700,000 437,500 1 95 0- ' 'J /A N/A Course Restoration County Board of County Commissioners 17 Contract Palm Beach N/A I N/A } N/A 24,525E N/A + N/A ' Administration County Board (associated with of County projects 9 -16) Commissioners ' Totals 814,928,870 82,275,345 - 81,500,000 3,396,001 84,871,476 1 Notes: l At the time of application for the grant, the grant applicants agreed to pay this percentage of the project. Except as provided for in paragraph 3 of this Agreement, individual match commitments shall be identified and monitored for each grantee/subgrantee and shall, at a minnnum, meet the proposed match percentages identified in the grant applications submitted for project evaluation and selection. 2 Allocation contingent upon matching fund availability in the Town's FY2000 budget as of October 1, 1999. If matching funds are not approved by October 1, 1999, Town of Palm Beach allocation will be re- allocated to the Lake Worth Golf Course Restoration Project. 3 Allocation contingent upon use of CDS unit in lieu of baffle box as proposed. 4 Allocation contingent upon use of grant dollars for retrofitting only S If the Town of Palm Beach's allocation is re- allocated to the PBC ERM for this project, PBC ERM will receive the allocation contingent upon iIs ability to finish some portion of the project within the 18 -month timeframe. 6 11 is understood and agreed that no services provided prior to execution of this Amendment for Projects 9 - 16, as set forth in Attachment A - 1, shall be authonzed for payment under this Agreement. However, m determuung compliance with match requirements, each grantee/subgrantee may use project activities undertaken on or after January 1, 2000. 'For Projects 9 -16, only construction activities (as described below and performed during the term of this Agreement) will be eligible fo: reimbursement under this Agreement. For purposes of this Agreement, the term "Construction" shall mean the following. 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, mstallation or deployment PROJECT 9 r ORGINAL Lake Worth Lagoon Partnership Grant Program Project: Portions of Basins 2 & 3 - Downtown Regional Stormwater Facility - Phase 2 Applicant: City of Boynton Beach Agent/Title: John A.. Guidry, Director of Utilities Address: 5469 W. Boynton Beach Boulevard, Boynton Beach, FL 33437 Phone: 561- 742 -6452 ' Estimated Cost of Project $750,000 Amount of Grant Request $250,000 Is Funding Match Already Available Yes Project Start Date January 2000 Completion Date December 2000 (approximate) ***************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 1. In the space provided, fully describe the scope, methods and location of the proposed • partnership project. Phase 1 of the Stormwater Improvements Project included construction of the 3 -acre pond and piping east of U.S. Highway 1, in the area known as Basin 1. Total project costs for that portion were estimated at $5 million. Phase 2 will extend piping to serve portions of Basins 2 & 3 (see map). Pretreatment of the initial 2.5 inches of rainfall over the impervious area will be afforded by both the pond (for low -lying areas) supplemented by exfiltration trench or dry detention in the upland areas. Phase 2 of the Stormwater Improvements for the Downtown Watershed includes trunk line piping crossing U.S. Highway 1 in two locations, plus additional hard piping and exfiltration trench intended to intercept and treat stormwater that is now flowing into the U.S. 1 and:or Seacrest Boulevard drainage systems. Both of these __ rDadway _drainagesystems currently discharge to the - Lake Worth Lagoon - " . pretreatment. 11.- - iVEt . SEP yy� {L ^, B {J.+ OF PT OF ENV PROTECTION WEST PALM BEACH DEP Agreement No. SP505, Attachment A -1, Page 2 of 25 Project Name: Downtown Watershed Page 2 of : 2. How will your project assist in the attainment of the principal goal of the Lake Worth Lagoon Management Plan, i.e., the restoration /improvement of the Lake Worth Lagoon. The drainage system will include baffle boxes at both inlets to remove debris, sediment, oils and greases before stormwater reaches the pond. The open area of the pond, supplemented by mechanical aeration (fountains) will further reduce BOD loading to the Lake Worth Lagoon, while also increasing dissolved oxygen concentration in the discharge from the pond. The drainage wells associated with the pond will reduce freshwater discharges to the Lagoon, as will the upland pretreatment. Continued implementation of the Master Plan, as required in the City's NPDES permit, will allow redevelopment to occur in the coastal area. Such redevelopment will, in turn, promote the phase -out of older, direct discharge -type drainage systems, thereby decreasing the loading into the Lagoon from those existing sources. This proposal will, therefore, support at least four of the objectives listed in the Lake _ _- - _ Worth Lagoon Management Plan, as follows: 1. Reduce excessive freshwater inflows from non -point sources 2. Decrease input of suspended solids 3. Decrease input of excessive nutrients, by facilitating percolation (upload portion), and nutrient uptake in the pond (littoral zone plantings) 4 Prevent the release of toxic substances from point and non -point sources. through the proper functioning and maintenance of baffle boxes and exfiltration trenches The City's stormwater utility will provide consistent cleaning and maintenance of the treatment system, so as to guarantee long -term treatment effectiveness 3 How will you measure the success /benefits of your efforts on the Lake Worth Lagoon Water quality monitoring of the pond discharge can be compared with water quality from the U.S. Highway 1 and Seacrest Boulevard systems. Values for BOD, nutnents and suspended solids can be measured and used to estimate the net decrease in loading to the Lagoon ORGINAL Project Name: Downtown Watershed Page 3 of 3 4. Additional Narrative /Drawings that add to the previous quesiions. The sketch shown below indicates the location of the proposed piping in Basins 2 & 3, and its relation to the pond in Basin 1. - -." .... . "F ty. re raw„. w _ thalkavitinuf - ,- , ..4011 -- inwr 1 7- r------7-- .1.. ----- t` ;!� :► . • I a - ! l : W / . , ? , 1. .E • " t: 7 : - - - • A.SI 1 . P f4 krid WM Ir JIM ' ' jip :2v - ., � Psi* � � 1-6-11b1113 . �/ � ,~_� 3��„ 1 ��:� t 1 � •' �..: - �c - • ) ill t 1 . l ( r IMB II _ _ I \ j�� r 4.11 DV 1 ., . . I � , - 3f. _ � i ,ll I.`c ,4 „-; -�'^ , ' - 6. I - L•roai r ;�-r • �, - — DYII�L ny lly� � . _ 2 DN3 �� J DV-35,5_ , f� � _ = Yc! : , - �`� � � `� r ---� i � t-ict a = �o -1 is'SI1 r , j - - iI I .}' ( -' n • ' _ ... ,,,,,A,.. } l _D 36 I ' DV215 ..... t , '� • I ' � 1 361 k4�� 0 - A �.. al . o a • r DY3L0 1 n\Fti7 n L 7j W bGO • f ly:■ - y' . ► i/ q Am i �a f ' P . , — ,•,� 4 - I. --v , � I i .mss ! . i • - - "P i - . 1 F.-4 Mil roil' air - -o+ ;ME 2. ” •l ti ' l i ai _ I = r _-.�_ _ ._ �i • Certification: I certify that to the best of my knowledge, all of i e statements contained in this application are correct and complete. 6 copies to the submitted and Signature: 1 original (marked) sent to the County Grant Coordinator @ Print Name: John A. Guidry Environmental Resources Management 3323 Belvedere Road, Bldg. 502 Title: Directcr of Utilities West Palm Beach, FL 33406 -1548 Date: DFP A oreement No SP505. Attachment A -1, Page 4 of 25 PROJECT to Lake Worth Lagoon Partnership Grant Program Project: Hypoluxo Installation of Sewers Applicant: Town of Hypoluxo w _ _ _ Ageut/Title• Kenneth M. Schultz, Mayor Address: 7580 S. Federal Highway, Hypoluxo, FL 33462 Phone: 561 -582 -0155 _ Estimated Cost of 'ro ject S . 1,414,510 Aruount of Grant Request S 707,25 Is Funding Match Already Available Yes — Conditioned upon Council approval of Special Assessment Project Start Date (approx.) Winter 1999 - 2000 Completion Date Summer 2001 1. In the space provided, fully describe the scope, methods and location of the proposed partnership project. There are two single- family residential communities in the Town of Hypoluxo east of U.S. 41 and abutting the Lake Worth Lagoon usuig septic tanks. Just east of O.S. #1 there is a north -south sewer line the entire length of the Town of Hypoluxo maintained by the City of Boynton Beach. All other housing developments in the Town of Hypoluxo are connected to this sewer line. There is a new development being built adjacent to one of the referred to single - family developments. It is going to provide a "stub out" for connecting seventy -one (71) homes to its sewer system. With this project, Hypoluxo Installation of Sewers (HIS), all septic tanks east of U.S. 41 in Hypoluxo will be eliminated. Having sewers throughout the Town of Hypoluxo is a goal in the Town's Comprehensive Plan. The awarding of this grant will assist the town in satisfying this important element of our plan. The project will have a tremendous impact on cleaning -up the Lake Worth Lagoon. Of the ninety -nine (99) residential lots, over sixty (60 %) of them are directly on the Intracoastal Waterway or a canal leading to it. Some homes have septic tanks within ten (10) feet of the water. With tlre af'HIS a i d — i r i c l u s i v e with i t s grant equest is an understanding all roads and disrupted areas will be returned to pre - construction condition. A preliminary study estimates the cost of S 1,414,510 for the project. This estimated cost is based upon 99 lots, each with approximately 75 feet of frontage. While the actual costs may vary slightly, the Town of Hypoluxo requests favorable consideration, nevertheless, of its efforts to clean up the environment knowing there will be minor adaptations of this proposal when the study is completed. The Town of Hypoluxo does want to model for other communities the removal of septic tanks bordering the Intracoastal Waterway • Project Name: Hvpoluxo Installation of Sewers (HIS) Page 2 of 3 _ • 2. How will your project assist in the attainment of the principal goal of the Lake Worth Lagoon Management Plan, i.e., the restoration /improvement of the Lalce Worth Lagoon. • The discharge of contaminants from septic tanks into the soil will be eliminated. Some homes in the area have been using septic tanks'nearly 50 years and the soil is saturated from discharges of all types including chemicals. Some septic tanks are located within ten (10) feet of flowing water: The removal of contaminants seeping out of septic tanks will improve the quality Of the Lake Worth Lagoon immeasurably. By doing so the water will become more favorable for fish populations. They will return to the levels once present in the Lake Worth Lagoon. Manatees are seen frequently the canals and with what is being discharged into the canals they soon will disappear. Everyone wants the Lake Worth Lagoon to return to its original state and with the removal of septic tanks this could happen. Not only will fish benefit from a cleaner Lake Worth but also plant life and humans. , • • • • • • • 3. TTow will you measure the success/henefits of your efforts on the Lalce Worth Lagoon. • With the removal of over 100 septic tanks the Lake Worth Lagoon will benefit enormously.• Our success will be measured after the installation of sewers is complete and there are no septic tanks in Hypoluxo affecting the Lagoon. Life will return to the Lake Worth Lagoon. It is possible the Town of Hypoluxo will be a prototypic model for other communities encouraging them to remove septic tanks contaminating the Lake Worth Lagoon. Quality of the Intracoastal Waterway will be measured before and after the HIS project. The return of life to the Lagoon will be measured. The condition of the Lake Worth Lagoon as of today is !mown. Our goal with this project is to support the return of the Lake Worth Lagoon to its original state as it was when there was a Barefoot Mailman. nru . -ae.. o. XL. cecni e trarhment A -1. Page 6 of 25 Project Name: _ Hypoluxo Installation of Sewers (HIS) Page or3 ____ ____.__ _.._______ _..�.__.___ ..W____ _ 4. Additional Narrative /Drawings that add to the previous questions. If one asks the who, what, when, where and why questions of this proposal, they are answered. Why there is a necessity for this project is obvious to all of us who enjoy the Lake Worth Lagoon and live next to it. When the project is completed, in part, is dependent upon the support of this grant proposal. The HIS project is for two single - family residential areas in the Town of Hypoluxo All financial data in this proposal are estimates. It is requested that we be able to amend this proposal when "firm" data are known A rnap shows the properties affected by the project ,/ l0 � P`1 ° ` iIYPQIL ti Xo S It ORE5 y. 1,Y.P� I i ,' AvolTtoN • L:�U 0 PARK _ 1,4 . •I. __1 1 , 1 O 5 13'9 HY ciou ftoAIDA. 1 •.,. C/'J-..c).. 1 tLE'C, 10, -nip 1 ,jsS, PG6,;A3C: ;,1 PALM D EA CH'•COUI/ r3' :FLoJl1DA •1'S. i i, • SLA iE1 1 l00 ,: . 1 . ,• ' RI" 1o.r( ^ 1 • .. 1 :. ' y ._ . .a • 1 =. X15 c1Ark!_ ANG JANUA R IVERR ;SVRV: 1 .• "+ ,�{� c f -H.::), • I A - . Aet•1 let r6.414,4 1.111• e1 let. T4 • r,.. ^ J 9 r R, e Nil 1 4 • 1 11 , •11( 1 4.4t6141. e •f 1.1 I.81 Y•rl t+... toot) l .., XI >_ F ��`0�, t1.�1.J S !n- I i � I � 1� 1 :1, t7y_ztL.t• j �. ^ , CC •� 1 I�l. .)1 .3' 1U 1e1 f1. h7 Iil7 11-7' e E jj + 1_" 1 .. l - * 1 i{ t M ll u n D/ If f. n �a 7� ;1: a Ii 41 1 \ ` I L. + "• I 1 ; WI' fume' - - ll• ., - 0R1ve r,• 4 t _ � 111-1- ( ~ • / P� '�' b .. ,-•• Y� ' IIZ 1>. 1N 101 111 111 110 u1 111 11, t11 111 v ill ll ,Y N 11 .14 n 1. e, 11 7 4 l ( b 41 H 1 ia1 .+i ' ,1c 00. il .11 . ZS - 11 S icf" TE —I ii iii s 1t, t 6 1 ALIT/IN :ir I• ,I .-- ' i,l .} 111. 1 ; It J I (f Cr T 41 ' I I CJ i .f 1. N T r '11ca1 :G.,1, :r - if , _ . - .% 1t• d&e.C. n J -• u•f+. ::,— , .,.r -- -•• - • - 11® The Town of Hypoluxo is ready to support this project to improve the Lake Worth Lagoon, ( 7'r(ircfLt'niii. I certify that to the hest or my knowledge, nil or the statements contained in this application are-correct and conil)Iete. r,` 6 copies to the submitted and Signature: ,.f iorP vr —L , ' — ' 1 original (marked) sent to the '' County Grant Coordinator @ Print Name: KENNETH M. SCHUi,T7 Environmental Resources Management 3323 Belvedere Road, I31clg. 502 Title: MAYOR `Vest Palm Beach; FL 33406- 1548 Date: (9'. 5,9 7 • PROJECT 11 Lake Worth Lagoon Partnership Grant Program Project: Stormwater Outfall/Treatment Retrofit ,____, _______ _ ___Applicant: Town of Lake Park Agent/Title: Brian Sullivan — Public Works Director Address: 535 Park Avenue., Lake Park. FL 33403 Phone: Town of Lake Park — 561/848 -0371 Estimated Cost of Project $146,000 Amount of Grant Request $73.000 Is Funding Match Already Available Yes — approved by voters in 1997 referendum - Project Start Date (approximately) August 2000 Completion Date February 2001 1. In the space provided, fully describe the scope, methods and location of the proposed partnership project. This submittal requests support for the Town. of -Lake Park's continuing efforts to implement their Stormwater Master Plan, which provides for reducing direct discharge of untreated stormwater runoff to the Lake Worth Lagoon. This funding application provides for the retrofit of the existing drainage system serving the southern part of the Town. Through the installation of stormwater management and treatment devices this effort will treat stormwater runoff prior to its being discharged to Lake Worth Lagoon via an existing 60" pipe. More specifically, this application provides for the installation of a CDS -style treatment unit and a flow diversion structure (smart box). This will enable the treatment system to serve the dual purpose of capturing pollutants from storm events and also capture floating debris, which has posed a chronic problem for the Marina over the years. DEP Agreement No SP505, Attachment A -1, Page 8 of 25 Project Name:_Lake Worth Lagoon Partnership Page 2 of 3 2. How will your project assist in the attainment of the principal goal of the Lake Worth Lagoon Management Plan, i.e., the restoration /improvement of the Lake Worth Lagoon. The installation will be accomplished as part of the other stormwater management improvements being made around the municipal marina. The Grant Program was helpful in funding these related improvements last year Inclusion of the proposed stormwater management devices in the existing drainage system will provide a direct reduction in pollutants conveyed by stormwater to the lagoon from the Town of Lake Park's southern drainage area, which occupies approximately 132 acres. Areas included in this drainage basin are essentially entirely built out, and include residential, commercial and industrial properties, Since this area was developed prior to the common use of stormwater management systems, essentially none of the properties located within the drainage area have water management systems designed to assist with the treatment of stormwater, It has been noted that near the existing outfall some seagrass beds now exist. Unfortunately, within a zone of approximately 200 feet of the outfall, the seagrass beds have been severely impacted or are non - existent. This is most likely directly attributable to the stormwater discharges, With the installation of stormwater management facilities, significant improvement in stormwater treatment will occur 3. How will you measure the success/benefits of your efforts on the Lake Worth Lagoon. With the installation of a CDS stormwater treatment unit, measurement of success can be accomplished quite simply by monitoring (measuring) the volume of pollutants removed from the stormwater treatment unit. The system is designed with a basket/filter which is to be serviced on a regular basis by To�‘- Public Works staff. This basket/filter captures suspended particulate and floating pollutants. ■ith the inclusion of the smart box, it is planned that the unit will also serve to capture floating debris moving through the marina's northern flushing culvert Oil and grease absorbing rings can also be deployed within the CDS chamber to help capture those pollutants Project Name: Lake Worth Lagoon Partnership Page3of3 __ 4. Additional Narrative/Drawings that add to the previous questions. Below is a small sketch identifying the location of the proposed installation relative to the existing outfall and the Town's marina. CDS Technology Key Features - Efficient • Captures greater than 95 percent of waterborne litter and debris. • Effective in removing sediments including fine sands • Retains all pollutants with a full -flow bypass even Lake Worth Lagoo .0 i when design flows are exceeded. - i �' Large Flow Range 3 to 300 cubic feet per second (CFS) ...• .. exist. 60" dr.stifegre Non - Blocking and Non - Mechanical Separation screen does not clog - - - -+-• .... = e "" r _ r te - j _ - Existing Marine' ■ i o-..7. 1 { Low ost Safe and Easy Litter Removal r " - �_ \ 7 _ \ \\ \ �� I J Jam _, Low maintenance by mechanical rather than human 1 j ( methods. --1 I c- -_n ��' Cost - Effective 1 I I Lowest overall cost per CFS processed. .. F � ,, Unobtrusive and Easy to Install ' Pro p / / } � c � / / • I Compact and below ground Limned space require- i r--r / � 1 ment. Ideal for retrofit and redevelopment applications i j sto • -r ' v i e - Ai 1'" t1 \e � I j \ Applications = -11 i -1- '-r- r- — 1 'rif---'i -i • New and Boner Stormwater l •CSO ! • Pretreatment Water f l 60" °"' <t r. - • Industnal Proposed 60 Flushing Culvert I • Pretreatment for O/W Sep/Sand filters media 1 __ • Blofiltrauon ponds and infiltration brims I 1 t f , i L _ e„ - r A - - , t- � r r L r i - I L "I 1 1 at.,.., 1 , . Z �\ r_C' - - - -- --- ------ E — � - -- UtKE sHO oRt�t ._ , if , t j -- I - - - -- I I - - 1 1 r +s7.r � - 1 � i 1 % I S .., 1 32 acre 1 ge area � " �' a w extends pt �o FEC RR r/w _ -- - i i -.;� :'-. �';-:4" , '- • The cos unit can be placed in Iwo ; 1 I ......_._._..._..__.._ ...._.__. .nth an ealsting sewer system. Its y remarkably small footpnnt takes — - -. ___ __ _. - _Bale space and requirnlso suppor. - - -. - - - - - - - - - - - .nfrastrucrure Certification: 1 certify that to the best of my knowledge, all of the statements contained in this application are correct and complete. 6 copies to the submitted and Signature: _ % 4 --,---C- - • .1-Z 1 original (marked) sent to the County Grant Coordinator @ • Print Name: fiaa�Sullivan Environmental Resources Management Title: Public Works Director/ 3323 Belvedere Road, Bldg. 502 / 764J4..../t -f r West Palm Beach, FL 33406 -1548 Date: June 14, 1999 Ci DEP Aereement No. SP505. Attachment A -1, Page 10 of 25 PROTECT i:! Lake Worth Lagoon Partnership Grant Program Project: Palm Beach Par 3 Golf Course Habitat Restoration Applicant: Town of Palm Beach Agent/Title: James M, Bowser. P E„ Town Engineer Address: P.O. Box 2029_ Palm Beach. Florida 33480 Phone: 561 -838 -5440; FAX: 56I- 835 -4691 _ M Estimated Cost of Project: $44Q000 Amount of Grant Request: $20Q000 Is Funding Match Already Available? 0 Yes ® No [See Town Council Resolution noting intent to authonze funding if grant is approved Project Start Date (approx.) May 2000 Completion Date August 2000 1. In the space provided, fully describe the scope, methods and location of the proposed partnership project. This project is located at the Town of Palm Beach Par 3 golf course, 2345 South Ocear, Boulevard (SRA1A) Palm Beach, The project would be constructed from the uplands It is envisioned that a rock berm be constructed 8 -10 feet away from the wall, filter fabric and fill placed and red mangroves planted at approximately three feet on center Total project length would be 2000 LF= 2. - How will your project assist in the attainment of the principal goal of the Lake Worth Lagoon Management Plan, i; :, the restoratien4 np-z vement_ of the Lake_ Worth Lagoon. This project will establish 2000 linear feet of mangrove habitat This project is identified ir the Worth Lagoon Management Plan, as number 26, Appendix D table, Habitat Restoratior. and Enhancement projects Summary 3. How will you measure the success/benefits of your efforts on the Lake Worth Lagoon The measurement of success will be in the survivability of the mangrove plantings af. associated use by marine life Project Name: Palm Beach Par 3 Golf Course Habitat Restoration Page 2 of 2 4. Additional Narrative/Drawings that add to the previous questions. This area exhibits significant bait fish and predator fish activity (Snook, Jack Crevelle). The establishment of 2000 linear feet of mangrove vegetation will provide a significant enhancement to existing marine resources in this area. Certification: I certify that to the best of my knowledge, all of the statements contained in this application are correct and complete. the submitted and 1 original marked Signature: \ 7�,.21 J. r 6 copies to original (marked) b sent to the County Grant Coordinator @ Print Name: Leslv S. Smith Environmental Resources Management Title: Town Council President • - - 3323 Belvedere Road, Bldg. 502 Date: 6 West Palm Beach, Florida 3340Zi- T54 "S - " - "— - -- - -- --- --- ""-" " -- -- PROJECT 13 OR'GINA • Lake Worth Lagoon Partnership Grant Program Project: Munici • al Stormwater Mana • ement S stern Im • rovements Pro_ am Applicant: City of Riviera Beach - " _ _ _ Agent/Title: William J. Hunter, City Manager Address: 600 W. Blue Heron West Boulevard, Riviera Beach. Florida 33404 Phone: (561) 845 -4010 Estimated Cost of Project $ 202.360 Amount of Grant Request $101,180 Is Funding Match Already Available Funds will be included in the FY 1999/00 Budeet Project Start Date (approx.) January 2000_Completion Date _August 2001 1. In the space provided, fully describe the scope, methods and location of the proposed project. The City of Riviera Beach intends to implement a Municipal Stormwater Management System Improvements Program. It will be implemented under the provisions of the United States Environmental Protection Agency (EPA) and National Pollutant Discharge Elimination System (NPDES), Municipal Separate Storm Sewer Systems (MS4s), Permit Number FLS000018 and the Lake Worth Lagoon Management Plan. The provisions of the MS4 permit require the City to conduct several stormwater management tasks and activities. These tasks and activities are focused in nine major areas, which include: inspection and maintenance of structural controls, implementation of development regulations, implementation of water quality criteria for flood control projects, pesticides/herbicides training and certification procedures. Additional areas include illicit discharge inspections, investigation and enforcement roadways, municipal solid waste, high -risk facilities and construction sites. - Municipal solid waste is covered -by other federal, state_ and local programs and is not applicable - • " -" to the permit. The inspection and maintenance of structural controls and illicit discharge inspections, investigations and enforcement program elements require the City to conduct field inspections for illicit discharges and improper disposal. It also requires the City to collect information on outfalls and on portions of the MS4s and maintain a log of the results of the inspections performed. An additional requirement is to implement an investigation program to identify and stop any source(s) of illicit connections or discharges to the MS4 within it its jurisdiction. ECEOWEThi AUG - 9 1999 1 I Project: Municipal Stormwater Management System Improvements Program Page 2 of 3 The Municipal Stormwater Management System Improvements Program identifies several stormwater systems with deteriorated outfaIls or connections in which repairs are needed The stormwater systems problems include erosion, sediment accumulation, debns, corrosion and general disrepair of the structures The Municipal Stormwater Management System Improvement Program is designed to correct these problems-by-going beyond -the .m inimum_requirernents of the _ MS4 permit. Retrofitting of the stormwater systems will result in improvements of the stormwater quafify discharging in the Lake Worth Lagoon. To assist in the implementation of these improvements, the City is seeking funding from the Lake Worth Lagoon Partnership Grant Program 2. How will your project assist in the attainment of the principal goal of the Lake Worth Lagoon Management Plan i. e. the restoration /improvement of the Lake Worth Lagoon? The Lake Worth Lagoon Management Plan addresses issues in three major areas, water and sediment quality, natural habitats and interagency management of natural resources The most obvious ways of assisting in the attainment of the principal goal is by improving the water quality The Municipal Stormwater Management System Improvements are located on Singer Island and along Lake Shore Drive and Avenue C Retrofitting will he made to 10, 12 and 60 inch pipes, as well as 2 and 3 -sided catch basins. The stormwater systems drain into the Lake Worth Lagoon and carry nutrients, metals and other contaminants into the Lagoon. Many of the stormwater systems in the City are old, corroded -and require routine inspections to determine if obstructions are present or repairs needed. The storrnwater systems identified require repairs to remove trash and vegetation, which hinder water flow and quality. Additional concerns include the dimension and elevation of the grates and catch basins near the Lake Worth Lagoon These stormwater systems need to be dealt with in order to improve water quality In addition to repairing the storrnwater systems, the City is proposing the installation of a sediment removal or entrapment device, commonly called a baffle box The boy is designed to separate out sediments traveling through pipes before the reach the surface \raters of waterbodies like the Lake Worth Lagoon As it is cytth improvement program there is associated maintenance costs, the maintenance cost of the baffle boxes will be the sole responsibility of the Czt' of Riviera Beach 3. How_will you measure the success/benefits of your efforts on the Lake Worth Lagoon? The success/benefits will be measured by continuing to closely monitor the program as required by the permit and regulatory agencies Those agencies include the Florida Department of Environmental Protection, South Florida Water Management Distnct, United States Environmental Protection Agency and the United States Fish & Wildlife Service The City is required to comply with the conditions and requirements of the MS4 permit The monitoring program focuses on ambient water quality trends and the monitoring of canals and major watersheds sediment quality. The City intends to expand the monitoring beyond the permit requirements to determine the success/benefits of stormwater improvements as noted above. Pre and post sampling will be taken in areas where the improvements have been made. ORIGINAL Project: Municipal Stormwater Management System Improvements Program Page 3 of 3 Additional Narrative/Drawings that add to the previous questions. • Singer Island ® I � =: . _ A Lake .hore Drive (- -- !- z l 1 �..! -�.� i O j . U i 9 1 _ 1 1 ' r--=' PI 1 ___. ,. r Ic-_=iiii wk... v. If ii �lal�� imp it i---+ want © © ` / A". worm am. Naar 1 L ........ i 6 1 O f _ INN Ile . " ice. s( El RIM !I' II. 1 / Avenue "C" Certification: I certify that to the best of my knowledge, - all ofthe - - — - - contained in this application are correct and complete. ` 6 copies to be submitted, including Signature: "" • 4 1 marked original sent to the County Grant Coordinator @ Printed Name: William J. Hunter Environmental Resources Management 3323 Belevedere Road, Bldg. 502 Title: City Manager West Palm Beach, FL 33406 Date: August 9, 1999 PROJECT I, ORIGINAL Lake Worth Lagoon Partnership Grant Program Project: Renaissance Project Phase 1 - Treatment and Diversion Applicant: City of West Palm Beach Agentflitle: Ken Rearden, Public Utilities Director Address: P.O. Box 3506; West Palm Beach, FL 33402 -3506 Phone: (561) 653 -2683 Estimated Cost of Project 52.450.000 Amount of Grant Request $300,000 Is Funding Match Already Available Yes Project Start Date (approx.) November, 1999 Completion Date: September. 2000 1. In the space provided, fully describe the scope, methods and location of the proposed partnership Project. 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's potable water supply. It is a model for regional sustainability of water resources while enhancing the environment The Renaissance Project (Project)* has been developed with the combined expertise of City staff, local engineering consultants and other governmental agencies, including the United States Environmental Protection Agency (EPA), the Army Corps of Engineers (ACOE), the Florida Department of Environmental Protection (DEP) and the South Florida Water Management District (SFWMD). The Project also embodies the principles of the Governor's Commission for a Sustainable South Florida's Eastward Ho! Initiative to encourage infill development along the East Coast Once implemented, the Project will • Reduce damaging freshwater "slugs" and pollutant load impacts to the Lake Worth Lagoon by diverting storm water through a treatment process to a storage cell • Convert the captured runoff into raw water supply, • Provide increased flood protection to low -lying areas within the inner City of West Palm Beach, and • Fulfill water quality and quantity and dry pretreatment requirements for the upcoming CityPlace development and the Palm Beach County Convention Center — — Pi se -I.of- the- PFojeeFconsi-stse€ an- upstrearn -d iverstorrandtreatment facility to redirect -storm water that would otherwise be discharged into the Lagoon. Phase I will implement the facilities necessary to pretreat the first 1/2 inch of runoff through dry retention. Required capital improvements include the installation of a pipeline, CON /SPANS and a 35 foot -weir in the median of Okeechobee Boulevard to convey water east to west. The CON /SPANs will be used to create an underground vault that will be used to store the volume needed for dry pretreatment. Future phases of the Renaissance Project will include facilities to collect and treat all runoff from the watershed and store it within the southern lobe of Clear Lake. SFWMD has issued both a conceptual permit for the entire Renaissance Project and a construction permit for the CON /SPANs. Please Note: This Project was submitted last year and received approval for $100,000 of the requested $300,000. There are two reasons why the Project is being resubmitted. First, the estimated construction cost has jumped from $1.67 niillion to $2.45 million as a result of meeting requirements of FDOT as well as other design changes Second, the settling basin location in Clear Lake, which had raised some concerns, has been relocated to an upland area. F' \wpb_ \wpb_rdps\L W GrantRenaPh l .doc Project Name: The Renaissance Project Phase I — Treatment and Diversion Page 2 of 3 2. How will your Project assist in the attainment of the principal goal of the Lake Worth Lagoon Management Plan i.e., the restoration/improvement of the Lake Worth Lagoon? The Project will ameliorate freshwater "slugs" and pollutant loads to the Lake Worth Lagoon by diverting untreated storm water runoff away from the C -51 drainage basin; this will help restore the Lagoon to a healthy, macrophyte based estuarine ecosystem. By curtailing storm water discharges into the Lagoon, the Project will reduce sedimentation, nutrient loading, toxic substances and pathogens. Additionally, the Project will reduce the peak discharge rate to help limit freshwater "slugs" to the Lagoon, thereby minimizing undesirable salinity fluctuations. Finally, the Project also serves as a model to other municipalities for integrated water management. 3. How will you measure the success/benefits of your efforts on the Lake Worth Lagoon? The City will be able to quantify the pollution reduction to the Lagoon by monitoring the quality and quantity of water diverted through the CON /SPANs and the whole of the Renaissance Project by calculating flow and Load reductions and comparing that data to historical discharges into the Lagoon. Water quantity will be recorded and water quality samples will be taken at the discharge location(s) of the Water Management System during periods of discharge. Water quality samples will be taken immediately upstream of the pump station, the settling basin spillway and the water supply pump. This monitoring plan will be followed for a one -year period, and then re- evaluated to optimize sampling protocol. • - Parameters to be obtained on a daily and weekly basis will be sampled by the certified City laboratory for all listed parameters (with the exception of BOD and Oils and Greases). Parameters to be obtained on a monthly and semi- annual basis (as well as BOD and Oils and Greases) will be sampled and analyzed by a Laboratory certified by Florida DEP and /or HRS. Semi - annual reports shall be prepared, including test results, the DEP/HRS certified lab number, SFWMD permit number, sample location and flow conditions. The following parameters will be sampled on a daily basis, Samples will be analyzed on a monthly basis for the Parameters Analyzed Units parameters listed below, pH (Range> 6 0 & <8 5) Standard Parameters Analyzed Units Dissolved Oxygen mg/I Ammonia as N malI Turbidity ntu Nitrite and Nitrate as me/I Total Dissolved Solids (TDS) mg/I Total Kjeldahl Nitrogen mg/l Fecal Coliforms mf /100m1 Total Phosphorus, as P mg/I Total Coliforms mf/100m1 Aluminum ug/1 Arsenic, total ue/1 _ _ Tne following parameters will be sampled on a weekly Cadmium ug/I basis, - Chrorriium - - - - ug/1 Parameters Analyzed Units Copper ug/1 Conductivity, Field umhos/cm Iron ug/1 Water Temperature degrees C Lead ug/1 .Alkalinity mg/1 Selenium ue/I Biochemical Oxygen Demand BOD mg/1 Zinc uJl Chlondes mg/1 Hardness mg/1 Oil and Grease mg/I Total Suspended Solids (TSS) mg/I Samples will be analyzed on a semi - annual basis (dry and wet screening, minimum two inch rainfall) for Organochloride Pesticides (8081A), Chloridated Herbicides (8151A), Purgeable Halocarbons (601) and Volatile Organic Compounds (602). F \wpb_ \w•pb_rdps\LW GrantRenaPh 1.doc Tyco A CITE ne •.. 1 ____• • • n___ 1-, _C■e Project Name The Renaissance Protect Phase I — Treatment and Diversion Paee3of 4. Additional Narrative/Drawings that add to the previous questions. In addition to reducing the City's discharges into the Lake Worth Lagoon, the Project will also • Increase the City's water supply by utilizing the captured storm water and recycling captured seepage water, • Augment regional water supply to potentially save more than 700 million gallons of water per year, and • Provide more water for Everelades Restoration by decreasing the demand for water from Lake Okeechobee r , ' C.iwr 1.ako .. , . 1 :.j, -A , C1 ., "place;. • 7'`"�7 r - ;45 tin . .a.� Ill r. � � x :r "� l w iH'c�!' *w AINP wrz aanp , z, ,--- , ]}Sy Pump SWidr .. r_ l z 9 r , f L `• i ` s.. #, ® Lake # Con ra "11 �... IM , . 'SS. S�1 . WCN "� � ; f� The Renaissance Project ©, ; Phase 1 Treatment and Diversion • � 3 , j 7 { ®� 72' RCP RCP ; II • 4 t; ?t17 i lam ' ®�v CONISP�ANz 64' �� t o....� i 46' RCP ■ 46' RCP y $ � 8 6' RCP` — — r' Ji! r j ....... ...... t Certification. I certif> that to the best of my knowledge, all of the statements contained in this application ar, correct and complete . 6 copies to be submitted, including Signature. :-.----. �Ei- .4 e... - ��`"` ----- -. 1 marked original sent to the County Grant Coordinator @ Print Name: Ken Rearden Environmental Resources Management 3323 Belevedere Road, Bldg. 502 Title: Public Utilities Director West Palm Beach, FL 33406 all" g" 9 Date. // �/ -- F lw pb 1w pb_rdps\L.WGrantRenaPh i doc •° PROJECT 15 Lake Worth Lagoon Partnership Grant 1'rop_r: to Project: John's Island Restoration Applicant: Palm Beach County Dept. of Environmental Resources Management - Richard E. Walesky, Director - - _ - - -- - - -- - AgentrTide: _.. -- Atitlt•css: 3323 Belvedere Road, Bldg. 502, West Palm Beach, FL 33406 Phone: (561) 233 -2400 Estimated Cost of Project S 826 , 00 0 Amount of Grant Request S 206 , 500 Is Funding klatch Already Available Fundine An icipareri TIArarnhar t 444 Project Start Date (approximate) November 2000 Completion Date_ February 2001 I. In the space provided. fully describe the scope. methntic and location of the proposed partnership project. John's Island is an approximately 7 acre spoil island located in the Town of Palm Beach southeast of the City of West Palm Beach, Florida. John's Island is just north of the Canal 51 (C -51) discharge at Lake Worth Lagoon and is east of the Atlantic Intracoastal Waterway (ICW). Figure 1 shows the conceptual plan for restoration of John's Island. Features include: restoration of approximately 1.7 acres of existing mangroves, creation of approximately 3.3 acres of red mangroves, and enhancement of approximately 1.4 acres of maritime hammock. As the name implies, John's Island is only accessible by boat. All equipment and materials will be transported by tug and barge. All exotic plant species, as appropriate, on approximately 5 acres will be removed and chipped on site. There will be construction of a tidal channel system with a total length of approximately 0.25 mile that will include excavation, grading to wetland elevation, and removal of approximately 17,000 yds' of spoil material. Approximately 500 tons of 1 -3 foot diameter boulder rip -rap will be used to stabilize the the entrance to the tidal channels. Planting will consist of: approximately 13,800 red mangrove seedlings (Rhizophora mangle), approximately 11,400 plugs of smooth cordgrass (Spartina alterniflora), and approximately 500 maritime hammock trees and shrubs. Planting will be accomplished with; the red mangroves being placed 3 feet on center, the maritime hammock plants placed 7 feet on center, and the smooth cordgrass placed 2 feet on center around the wetland perimeter and the tidal channels. __ __ _ _ - -__._ __ • _ __ __ - -_ - - _. _ TTT w - -- --_.u_ p roje11 hat ,,,_, John's Island Restoration Prove 2 or 2. 110\s. will ,four Irrujcct :ttisist to the attainment or the principal goal of the Lake \Vort? Lagoon 'Management PI:tu. i.e., the i•estoratiotilintprn enaent of the (-at.e \\ ort h Lagoon Originally, a substantial portion of the areas that John's Island now occupy were submerged shallow -water habitat. However, as a result of material-placement from - numerous dredging activities, - most of -the Island has become an impacted upland dominated by exotic species such 3s; seaside mahoe (Thespesia populnea), Austrailian pine (Casuarina spp.), and Brazilian pepper (Schinus terebinthifolius) The proposed project modification will restore debraded ecosystem components to a more natural ecosystem with attendant natural integrity, productivity, stability, and biological diversity. By connecting John's Island's mangrove areas to the Lake Worth Lagoon, tidal water would again be carried throughout the mangrove system, thus optimizing the productivity of this wetland. Mangroves offer significant benefits to fish, crustacea, and bird pc ■ulations through a complex marine food chain, creation of breeding habitat, and establishment of restrictive areas that offer protection for maturing offspring. in addition, mangroves contribute to improved water quality by filtering and assimilating pollutants, stabilizing bottom sediments, and protecting shorelines from erosion. Because of intense development within this area of south Florida, upland maritime hammocks that are vital to the breeding and wintering of many species of migratory birds have been practically eliminated Restoring native habitat through creation of the maritime hammock on John's Island will provide food and cover for migratory birds and other wildlife, as well as contribute to the biological diversity supported by the lagoon and its associated habitats. 3. Ho s\ ut, measure the success/benefits of gout error t' on the 1.a1.e \\ will .,uen Elimination of the exotic species on the island will reduce the probability of colonization by exotic species in adjacent areas by eliminating seed sources. Successful establishment o f native and wetland habitats through survival of the native and wetland plant species will contribute to a more productive biological system, and reduce the ability of exotic species to colonize. Periodic maintenance of the island should eradicate exotic plant species in perpetuity. The success of the project will be evaluated using a biological monitoring program. The monitoring program would include vegetative sampling to determine plant survivorship, fish sampling with a seine net in the tidal channel system, and performing wildlife surveys to document site utilization by wildlife species . t t•roject name: 'John's Island Restoration. Page 3 of 3 - 4. AdditionalNarrativc /Drawings that add to the previous questions. . 1 - r .... . ,, .. i I , ,, \ 4 44,. ..:.. z /,/ , ,:. \ I, ) _ \ I -,,::::.::::...v /. 1, ,, 1 �`. , i 1 ' , C. t ) l' : 1 :::::: : :i .1 \ _,. \ r'-r 4' I ••� y / cx mu OVERHANG I r' . OP: j : r I • I I r . [1 "// ( • EY,STINC AIANCRO' RESTORAT ON FY:1�� A• : 1 APPRO) 1 ACRES I / 1 "_1 I :if P.EO AIALCROvE CREATION I I I mo/ I / �d APPP.OX. 3.3 ACRES 1 �.4..] . 2 A A PPPO E H4 mo ACRES RESTORATION I J GRAIICswC ' iC 0 a= JO-+.'S IS■AND Ri.5:4:.A 4,14- — – -- - • - — -- • - - — - – - --- :CK'PP.a; ..an 1,4;w Certification: I certify that to the best of my knowledge, all of the statements contained in this application are correct and complete. 6 copies to the submitted and Signature: 1 original (marked) sent to the County Grant Coordinator e Print Name: Richard E. Walesky Environmental Resources Management Director • 3323 Belvedere Road, Bldg. 502 Title: West Palm Beach, FL 33406 -1548 C /? /Q q Date: O // 1 1 ( j DEP Agreement No SP505_ Attachment A-1_ Page 21 of 25 PROJECT lb Lake Worth Lagoon Partnership Crant Pi ognn Project: Lake Worth Golf Course Restoration Applicant: Palm Beach County Department of Environmental Resources Management AgentrTitle: Richard E. Walesky, Dirertnr Address: 3323 Belvedere Road, Bldg. 502, West Palm Beach. FL 33406 • Phone: (561) 233 -2400 :_,_ Estimated Cost of Project S 8.7 million Amount of Grant Request S is Funding Match Already Available Funding Anticipated June 2000 Project Start Dote (appro\imate) Nov. 2000 — Completion Date Feb. 2002 A x A x A A A A x A* A A A A A A w w* A A** A** w w A x A rt x w w A w w w w x w x x w A w w A w w w w x x r w w w x rt x x w w A w x rt w a x w x w 1. In the space provided, full) describe the scope. lnethods .inci location ni the prnpnsecl partnership project. The Lake Worth Golf Course (LWGC) has approximately 1.2 linear miles of shoreline along the western shore of the Intracoastal Waterway (ICW) in the City of Lake Worth. In addition to filling of submerged resources by spoil placement from ICW dredging, additional dredging along the shoreline has created a steep littoral profile. Instead of a gradual slope from the shore to deeper water as naturally occurs, dredging has created a steep drop from 0 to -7 feet N G.V.D minimizing the area for development of inter -tidal and shallow sub -tidal resources. Approximately 60% of the shoreline is fringed with all three species of mangroves (red, black, and white) mixed with the exotics Australian pine and Brazilian pepper. Figure 1 shows the conceptual restoration plan for the LWGC. Features include: restoration of approximately 1 7 acres of existing mangrove fringe, creation of approximately 23.0 acres of red mangrove wetland, 1.3 acres of oyster reef; 40.3 acres of seagrass recruitment area of_t_idal All exotic _plant species, as appropriate, on approximately 5 acres will There be inter- and__ sub -tidal placement of approximately 950,000 yds grading to wetland elevations, and placement of approximately 2.5;000 tons of 1 -3 foot diameter boulder rip -rap. Planting of: approximately 118,400 red mangroves (Rhizophora mangle), and approximately 16,000 plugs of smooth cordgrass (Spartina alterniflora). Planting will be accomplished with; the red mangroves being placed 3 feet on center, and the smooth cordgrass placed 2 feet on center around the wetland perimeter. • Project Name: Lake Worth Golf Course Restoration Page 2 of 3 2. Hotw will your project : tssist_in the attainment of the principal goal of the Lake Worth Lagoon Management Plan. i.e.. the restoration/improvement or the Lake Worth Lagoon. Restoration of the LWGC will help reverse the historic trend of wetland habitat loss in the Lake Worth Lagoon. The proposed project modification will restore degraded ecosystem components to a more natural ecosystem with attendant natural integrity, productivity, stability, and biological diversity. The planting of red mangroves and smooth cordgrass will help to reestablish wildlife habitat and partially offset the effects of shoreline bulkheading that has occurred in Lake Worth Lagoon over the years. Creation of seagrass recruitment areas and oyster reefs will restore a more natural littoral profile, and substantially increase the area within which seagrasses are likely to colonize. Seagrasses and oysters recruiting to these areas will contribute to increased water quality through filtering, nutrient uptake, and sediment stabilization, as well as provide forage and shelter to fish and wildlife. It will also complement the restoration activities recently completed on Munyon Island and those planned for Peanut Island, both of which are also located in the Lake Worth Lagoon. 3. Hots will )ou measure the success /benefits of your efforts on the I.akt• Worth Lagoon. Elimination of the exotic species will reduce the probability of colonization by exotic species in adjacent areas by eliminating seed sources. Successful establishment o f native and wetland habitats through survival of the native and wetland plant species will contribute to a more productive biological system, and reduce the ability of exotic species to colonize. Seagrasses and oysters recruiting to_the project area will ruult in an increase in the amount of inter- and sub -tidal resources in the Lake Worth Lagoon. The success of 2be project_will he _evaluated uated usirig._z _ _. _ biological monitoring program. The monitoring program would include vegetative sampling to determine plant survivorship, monitoring of resource recruitment (seagrass and oyster reefs), fish sampling with a seine net in the tidal channel system, and performing wildlife surveys to document site utilization by wildlife species. 1lp13 Aars.nma..tXt.. QPCnC A ttorhn,Pn* A_1 Noe 71 nf 25 rrojc.,',Name: - Lake Worth Golf Course Restoration _ — -._. Page 3 of 3 4. Additional Narrative/Drawings that add to the previous questions. xrncn A ) 1 nom. oc— %! ii iCK Cm A/44U , ' , , I I I I i 1 • ) - ! -------, - 3 a•u wua a /1.0' (oKT_i RIM X:TION e '' I I LAKE K'ORTF 1 . iii , GOLF COURSE k. SHORELINE 1 Is1 ( roc n :u3 EXTTNTS I rI I I „I-' = BCAD:R A. .•3 t �T /-�9' -3 (OTSTCR Il::f) fk'; 1 /-- 1 0 sc +w■ss Ra.wruEr.t +•c+ Ao s .aes) ■ h, 4 i I 1 e: o ,1aoa n•NnNC AREA. p3 •cx:) I ‘ ,$,../ � t onrt. Neer /Mr (I 0 •ucst // J t •� Gr,A H1C SCALC - - - -- - - - - - - _ _. . i 5�� 5x ±AAE r7Rrti G^.F COURSE RESTORATIC& COVCCPTU AL PLul NEW 1 Certification: 1 certify that to the best of )m knowledge, all of the statements contained in this application are correct and complete, fitted and Signature: C�. "«'^' )- 4 6 copies to the sub . [/ n o 1 original (marked) sent to the County Grant Coordinator @ Print Name: Richard E. Walesky Environmental Resources Management 3323 Belvedere Road, Bldg. 502 Tide: Director West Palm Beach, FL 33406-154S n t ' /? S Date. �S PROJECT 17 Administrative Functions: Administrative functions provided by the County staff for Lake Worth Lagoon Restoration and Enhancement Projects (DEP Agreement No. SP505) include the following: 1. Preparation and administration of subgrants associated with individual projects. 2. Site inspections to track compliance with the terms of subgrantee contracts. 3. Review of subgrantee invoices, progress reports and site inspection reports, consistent with individual contracts and Scope of Services. 4. Preparation of reports submitted to the Department on project status and funding. 5. 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. SP505, Attachment A -1, Page 25 of 25 ATTACHMENT (REVISED) Special Audit Requirements The administration of funds awarded by the Department of Environmental Protection 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 in 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 AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non - profit organization as defined in OMB Circular A -133, as revised 1 In the event that the recipient expends $300,000 or more in Federal awards in its fiscal year, the recipient must have an audit conducted in accordance with the provisions of OMB Circular A -133, as revised. EXHIBIT 1 to this Attachment 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. The recipient is responsible for the procurement of an independent auditor to conduct the audit required by this part. The recipient is required to follow the auditor procurement standards specified in Section .305, OMB Circular A -133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A -133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities, financial statements, audit findings follow - up, and report submission as provided in Sections .300, .3 10, .315, and .320 of OMB Circular A -133, as revised. This includes, but is not limited to, preparation of financial statements, a schedule of expenditures of Federal awards, a summary schedule of prior audit findings, and a corrective action plan. r.n■ A _- - -- -_A v_ CDCt A ++,,,hmont r (PeviePA\ PaoP 1 of in 3. If not otherwise disclosed as required by Section .310 (b)(2) of OMB Circular A -133, as revised, the schedule of expenditures of Federal awards shall identify expenditures by contract number for _each contract with the Department of Environmental Protection in effect during the audit period. 4. 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 required. In the event that the 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 and non -State funds (i.e., the cost of such an audit must be paid from recipient funds obtained from other than Federal/State entities). PART II: STATE GRANTS AND AIDS 1. This part is applicable if the recipient is a local government or a non -profit or for profit organization as defined in Chapter 10.600, Rules of the Auditor General. 2. In the event that the recipient receives more than $25,000 in State grants and aids in its fiscal year, the recipient must have a limited scope audit conducted in accordance with Section 216.349, Florida Statutes, and Chapter 10.600, Rules of the Auditor General. EXHIBIT 1 to this Attachment indicates State grants and aids amounts awarded through the Department of Environmental Protection by this agreement. In determining the grants and aids received in its fiscal year, the recipient shall consider aggregate grants and aids received directly from State agencies, including grants and aids funds received from the Department of Environmental Protection. The audit report must include an auditor's examination attestation report, management assertion report (alternatively, management's assertion may be included in the management representation letter), and a schedule of State financial assistance. EXHIBITS 2, 3, and 4 to this Attachment provide examples of these reports/schedule. The auditor's examination attestation report must indicate whether management's assertion as to compliance with the following requirements is fairly stated, in all material respects: • activities allowed or unallowed • allowable costs/cost principles • matching (if applicable) • reporting 3. In the event that the recipient receives State grants and aids totaling $25,000 or less in its fiscal year, the head of the recipient entity or organization must provide a written attestation, under penalty of perjury, that the recipient has complied with the allowable cost provisions (or other applicable provisions) of the State grants and aids contract. EXHIBIT 5 to this Attachment provides an example attestation document that should be used by the agency head to attest to compliance with grants and aids provisions. DEP Agreement No. SP505, Attachment C (Revised), Page 2 of 10 PART III: OTHER AUDIT REQUIREMENTS (This part is reserved to specify any additional audit requirements imposed, if applicable, 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 1. Copies of audit reports for audits conducted in accordance with OMB Circular A -133, as revised, and required by PART I of this Attachment shall be submitted, when required by Section .320 (d), OMB Circular A -133, as revised, or when required by number 2 below, by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at each of the following addresses John Moulton Florida Department of Environmental Protection Southeast District Office Post Office Box 15425 West Palm Beach, Florida 33416 -5425 Audit Director Florida Department of Environmental Protection Office of Inspector General 2600 Blair Stone Road, MS40 Tallahassee, Florida 32399 -2400 B. The Federal Audit Clearinghouse designated in OMB Circular A -133, as revised (the number of copies required by Sections .320 (d)(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 Jeffersonville, IN 47132 C. Other Federal agencies and pass- through entities in accordance with Sections .320 (e) and (f), OMB Circular A -133, as revised. D. The State of Florida Auditor General at the following address: Audit Manager Office of the Auditor General P.O. Box 1735 Tallahassee, Florida 32302 -1735 e•cnc A Nonhm•nt 1' (RPVicnen PnvP 1 of 10 2. Pursuant to Section .320 (f), 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 each of the following: John Moulton Florida Department of Environmental Protection Southeast District Office Post Office Box 15425 West Palm Beach, Florida 33416 -5425 Audit Director Florida Department of Environmental Protection Office of Inspector General 2600 Blair Stone Road, MS40 Tallahassee, Florida 32399 -2400 Audit Manager Office of the Auditor General P.O. Box 1735 Tallahassee, Florida 32302 -1735 3. Copies of reports required by PART II of this Attachment, and management letters prepared in conducting audits related to State grants and aids audits required by PART II of this Attachment, shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at each of the following addresses: John Moulton Florida Department of Environmental Protection Southeast District Office Post Office Box 15425 West Palm Beach, Florida 33416 -5425 Audit Director Florida Department of Environmental Protection Office of Inspector General 2600 Blair Stone Road, MS40 Tallahassee, Florida 32399 -2400 B. The Office of the Auditor General at the following address: Audit Manager Office of the Auditor General P.O. Box 1735 Tallahassee, Florida 32302 -1735 DEP Agreement No. SP505, Attachment C (Revised), Page 4 of 10 4 Copies of reports or management letters required by PART II1 of this Attachment shall he submitted by or on behalf of the recipient directly to A The Department of Environmental Protection at each of the following addresses John Moulton Florida Department of Environmental Protection Southeast District Office Post Office Box 15425 West Palm Beach, Florida 33416 -5425 Audit Director Florida Department of Environmental Protection Office of Inspector General 2600 Blair Stone Road, MS40 Tallahassee, Florida 32399 -2400 5. Any reports, management letters, attestations, or other information required to be submitted to the Department of Environmental Protection pursuant to this agreement shall be submitted within 180 days of the recipient's fiscal year end (or as otherwise allowed by Florida Statutes) or within 30 days of the recipient's receipt of the audit report, whichever occurs first. Other submissions should be timely in accordance with OMB Circular A -133 and /or Florida Statutes, as applicable 6 Recipients, when submitting audit reports to the Department of Environmental Protection for audits done in accordance with OMB Circular A -133, should indicate the date that the recipient received the audit report in correspondence accompanying the audit report PART V: RECORD RETENTION The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, upon request for a period of 3 years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection TV]] A....se...a..• XT, CD5115 A ttarhment C (Revised)_ Page 5 of 10 EXHIBIT — 1 FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING (required by Section .400 (d)(1), OMB Circular A -133, as revised): State Grants & Aids Federal Appropriation Program CFDA Category, if ' Number Federal Agency Number CFDA Title Funding Amount applicable. Catalog of State Grants & State Program State Aids Number Financial CSFA Title Appropriation (Other State Assistance or Category, if Funding) Funding Source Fiscal Year Number Funding Source Description Fundmg Amount applicable. Original Line Item 1299A 1998 -1999 37026 Surface Water Improvement Projects $1,000,000.00 140008 Contract from Ecosystem Management Trust Fund Amendment Line Item 1185 1999 -2000 37026 Surface Water Improvement Projects $1,500,000.00 140008 No. 1 from Ecosystem Management Trust Fund Total Award $2,500,000.00 COMPLIANCE REQUIREMENTS APPLICABLE TO THE FUNDS AWARDED TO THIS AGREEMENT ARE AS FOLLOWS (required by Section 400 (d)(2), OMB Circular A -133, as revised): For each program identified above, the recipient shall comply with the program requirements described in the Federal Catalog of Domestic Assistance (CFDA) and/or the Florida Catalog of State Financial Assistance (CFSA). The services/purposes for which the funds are to be used are included in the Contract scope of services/work. Any match required by the recipient is clearly indicated in the Contract. If the State program funds represent matching funds provided by the Department of Environmental Protection for certain Federal programs, then the requirements may mirror the requirements for the applicable Federal programs. Also, to the extent that different requirements pertain to different amounts of the non - Federal funds, there may be more than one grouping (i.e., 1, 2, 3, etc.) listed under this category. NOTE: The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at http: / /aspe.os.dhhs.gov /cfcla. For information regarding the Florida Catalog of State Financial Assistance (CFSA), a recipient should access the website for the Governor's Office of Planning and Budget located at http: / /www.eog.st ate .fl.us /eog/overview /indexovb.htm for assistance. DEP Agreement No. SP505, Attachment C (Revised), Page 6 of 10 EXHIBIT — 2 INDEPENDENT AUDITOR'S REPORT ON EXAMINATION OF MANAGEMENT'S ASSERTION ABOUT COMPLIANCE WITH SPECIFIED REQUIREMENTS (SAS Codification Section AT 500.55) [Date] Dear [Name]: We have examined management's assertion' about [name of entity]'s compliance with the allowable cost requirements [or other applicable requirements] established in the grant agreement(s) applicable to the State grants and aids appropriations identified on Schedule of State Financial Assistance for the year ended [indicate the applicable fiscal year] included in the accompanying [title of management report]. Management is responsible for [name of entity]'s compliance with those requirements. Our responsibility is to express an opinion on management's assertion about the [name of entity]'s compliance based on our examination. Our examination was made in accordance with attestation standards established by the American Institute of Certified Public Accountants and, accordingly, included examining, on a test basis, evidence about [name of entity]'s compliance with those requirements and performing such other procedures as we considered necessary in the circumstances. We believe that our examination provides a reasonable basis for our opinion, Our examination does not provide a legal determination on [name of entity]'s compliance with specified requirements. In our opinion, management's assertion [identify management's assertion — for example, that complied with the aforementioned requirements during the fiscal year ended ] is fairly stated, in all material respects.' 4 Sincerely, Notes: 1 If the entity does not present its assertion in a separate report accompanying the practitioner's report, refer to SAS Codification Sections AT 500.56 and .57. 2. The practitioner should identify the management assertion report examined by reference to the report title used by management in its report. Further, he or she should use the same description of the compliance requirements as management uses in its report. 3. The specific compliance requirements, and related criteria (if applicable), will be specked and/or referred to in the grant agreement. As such, it should not be necessary to repeat the compliance requirements, and related criteria (if applicable) in the practitioner's report. 4. Instances of noncompliance should be reported in the manner prescribed in SAS Codification Sections AT 500.61 through .68. nCn A.,.�..,e.,► !v„ cPSM Attarhment C (Revised). Page 7 of 10 EXHIBIT — 3 MANAGEMENT ASSERTION REPORT I, , hereby assert that, (head of recipient entity) (recipient entity name) complied with allowable cost requirements [or other applicable requirements] of the grants and aids appropriations identified on the attached Schedule of State Financial Assistance during the fiscal year ended . (month, day, year) (signature) (title) (date) If this assertion report is used, one copy shall be submitted after the recipient's fiscal year end to each of the parties designated in the contracts/grants for the identified grants and aids appropriations. This statement does not need to be notarized. DEP Agreement No. SP505, Attachment C (Revised), Page 8 of 10 EXHIBIT 4 Sample Organization Schedule of State Financial Assistance For the year ended 9/30/97 State Federal Federal State Agency Contract/ CFDA Through j And Grant Number State State Total Program Title Number Note A Receipts Receipts Receipts Department of Health Head Start GHSO1 93.600 50,000 (1) 50,000 (1) 100,000 Women, AB101 93.245 100,000 (1) 150,000 250,000 Infant & Children Department of Elder Affairs Community GC501 Not 200,000 (1) 0 200,000 Care for the Applicable Elderly Community GC601 93.003 0 150,000 (1) 150,000 Care for the Elderly Elder Care GC777 93.666 60,000 60,000 120,000 Total 410,000 410,000 (2) 820,000 (1) State Grants and Aids Appropriations moneys. The grand total of State Grants and Aids Appropriations moneys is $550,000. (2) $390,000 of this amount is included in the expenditures presented in the Schedule of Expenditures of Federal Awards. The remaining $20,000 was received under contract number GC601 but was not expended. NOTE A: Federal CFDA numbers apply only to Federal programs. CAUTION: The purpose of this schedule is format illustration only. The contract or grant numbers, CFDA numbers and program titles are not intended to represent actual data. TIPP A orpempnt Nn SP505_ Attachment C (Revised), Page 9 of 10 EXHIBIT — 5 MANAGEMENT ATTESTATION STATEMENT CONTRACT /GRANT NUMBER(S) I, , hereby attest, under penalties of perjury, that, (head of recipient entity) complied with allowable cost requirements [or (recipient entity name) other applicable requirements] of the grants and aids appropriations contracts/grants identified above during the fiscal year ended (month, day, year) (signature) (title) (date) One copy of this attestation statement shall be submitted after the recipient's fiscal year end to each of the parties designated in the contracts/grants for the identified grants and aids appropriations. This statement does not need to be notarized. DEP Agreement No. SP505, Attachment C (Revised), Page 10 of 10 The City of Boynton Beach 0: NT\ City Clerk's Office a 1 100 E Boynton Beach Boulevard O, j 43 PO Box 310 I T - , Boynton Beach, Flonda 33425 -0310 ,'./ U � . (561) 742 -6060 FAX (561) 742 -6090 /t r Vr January 10, 2000 14 The Honorable Maude Ford Lee, Chair , PBC Board of County Commissioners PBC Governmental Center 301 N Olive Avenue West Palm Beach, FL 33401 RE: T 1 - INTERLOCAL AGREEMENT WITH PBC FOR PARTIAL GRANT FUNDING OF THE PHASE 2 DOWNTOWN REGIONAL STORMWATER FACILITY. Dear Ms. Lee: Attached please find four original interlocal agreements which are mentioned above. This resolution and agreement was approved at the regular Commission meeting held on January 4, 2000. When the agreement is completely signed, please-401W Instaffie for pur Central Files. Thank you. If you have any questions concerning this please do not hesitate to contact me. Sincerely, Sue Kruse, CMC /AAE City Clerk An Equal Opportunity /Affirmative Action /ADA Employer" . 1J0 ] 231 INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY AND THE CiTY OF BOYNTON BEACH FEB 1 5 2000 This Interlocal Agreement is made the day of , 1999, between the City ofBoynton Beach, a municipality located m 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 1 of Chapter 163, Florida Statutes WITNESSETH WH EREAS, Section 163 01, Florida Statutes. known as the "Florida lnterlocal 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 1 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 (1 997) the Board of County Commissioners of Palm Beach County IN 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 tunctions_ and SCANNED JAN 2 6 2012 (V c, 1e k s Office WHEREAS, the County desires to environmentally restore and enhance the Lake Worth 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 (FDEP) Agreement SP505, as amended by Amendment No. 1, the County has received a grant from the FDEP 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, BOD and flow of nutrients, all of which threaten the habitat therein; and WHEREAS, the City desires to collect stormwater from a ± 25 acre developed area and treat that water before releasing it into the 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 construction of Phase 2 of the Downtown Regional Stormwater Facility; and WHEREAS, the City and the County have mutually agreed to cooperate in a City project to 2 construct Phase 2 of the Downtown Regional Stormwater Facility NOW THEREFORE. in consideration of the mutual representations, terms, and covenants 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 ofFDEP funds from the County to the City for the limited purpose of assisting in the construction of Phase 2 of the Downtown Regional Stormwater Facility, and to set forth the terms. conditions and obligations of each of the respective parties hereto The foregoing recitals are incorporated herein and are true and correct 2 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 Interlocal 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, of the substantial improvement in the size or use of any structure or the appearance of anv 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 as Project 9, pages 2 through 4 of Attachment A- I ofAgreer ieti1 SP505, as amended, attached hereto and made a part 3 hereof as Exhibit A, and as described above in Section 1 and below in Section 8 3 Documents incorporated. Except as otherwise provided herein, the City agrees that it shall comply with all terms and conditions ofAgreemenr SP505, as amended, between Palm Beach County Board of County Commissioners and FDEP, attached hereto and made a part hereof as Exhibit A 4 County's Representative /Monitoring Position. The County's representative /contract monitor during the term of this Agreement is identified below Name Richard E Walesky. Director Address Palm Beach County Department of Environmental Resources Management 3323 Belvedere Road West Palm Beach, FL 33406 Phone (561) 233-2400 Fax (561) 233 -2414 5 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 5469 West Boynton Beach Boulevard Boynton Beach. FL 33437 Phone (561) 375-6401 6 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 for up to eighteen months, inclusive, unless otherwise terminated as provided herein The County reserves the right to extend this Agreement for an additional six months, or another term consistent with Paragraph 2 of Agreen,eni SP505, as amended, immediately following the term of the Agreement for good cause shown in writing, and submitted to the County no less than two months before the date of expiration 4 7 Responsibilities and Duties of the County. The County agrees to pay the City an amount not to exceed $250,000 to be used for the limited put pose of reimbursement for costs associated with construction of the Project described below in Section 8, provided the City meets the minimum match requirement of$500,000 as noted in Attachment A -1 ofAgreement SPS05, as amended 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 January 1, 2000, in accordance with Footnote 6 of Exhibit A, Attachment A -1, Page 1 However, construction costs are not reimbursable under this Agreement until the effective date of the Agreement 8 Responsibilities and Duties of the City. A The City agrees to construct Phase 2 of the Downtown Regional Stormwater Facility and do all the work related to this Project as more particularly described in Exhibit A, Attachment A -1, Project 9, pages 2 through 4, and B The City agrees to provide the funds for the balance of the Project not funded by the County, and C The City agrees to submit quarterly reports and invoices to the County by April 14, July 14, October 14 and January 14, and D The City agrees to complete the Project in a timely fashion, satisfying all necessary permits and inspections, and E Within two weeks of completion of the Project, the City agrees to submit a final Project report to the County The City understands that this Project report will be forwarded to the FDEP in conformance with the requirements of Paragraph 5 of Agreement SP505, as amended F In the event that the project is not completed at the end of the contracted period of time, the final amount of the grant will be prorated based on the amount of construction completed and the original match -to -grant ratio 9 Payments/Invoicing and Reimbursement. City shall submit invoices to County which will include a reference to this Agreement, identify the Project, and identify the amount due and payable to City Invoices shall be itemized in sufficient detail for prepayment audit thereof City shall supply any further documentation deemed necessary by County Invoices received from 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 10 Funding Source. The County and City agree that the sole funding source for this Agreement is grant money obtained by County from the FDEP and shall not exceed a total amount of $250,000 It is also understood that the County's performance and obligation to pay is contingent upon an annual appropriation to FDEP by the Legislature 1 1 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 FDEP 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 12 Renewal. This Agreement may not be renewed b 13 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 14 Termination. This Agreement may be terminated by either party to this Agreement upon 30 days written notice to the other party 15 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 16 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 17 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 18 Filing. A copy of this Agreement shall be tiled with the Clerk of the Circuit Court in and for Palm Beach County 19 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 he construed as a waiver of sovereign immunity by either party, 7 pursuant to Section 768 28, Florida Statutes 20 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 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 assents or employees, may or could sustain as a result of or emanating out ofthe 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 21 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 5100,000 Per Person and 5200,000 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 In the event the City voluntarily elects to maintain a Commercial General Liability and /or a Business Auto Liability insurance policy, in lieu of exclusive self - insurance under Section 768 28 Florida Statutes, the City shall agree to add the County as an "Additional 8 Insured" with respect to liability arising out of the City's operations or premises owned by or rented to the City which is subject to this Agreement Said insurance policies shall have a minimum limit of $500,000 combined single limit of bodily injury or property damage The City shall either self-insure or maintain insurance for Workers Compensation insurance for all of its employees connected with the work of this Agreement and, in case any work is subcontracted, the City shall require the subcontractor similarly to provide Worker's Compensation for all of the subcontractor's employees unless such employees are provided coverage by the City The City shall agree to have adequate property insurance. including builder's risk coverage while the project is in the course of construction, maintained in adequate limits of coverage on the building and contents based on the City's probable maximum loss estimates against the perils of fire, wind, flood, and other hazards City shall agree to be fully responsible for any deductible or selfuisured retention When requested, the City agrees to provide a Certificate of Insurance or affidavit evidencing the required insurance coverages or Sovereign Immunity status above 22 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 23 Amendments. This Agreement may only be amended by written Agreement executed by both parties hereto 9 24 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 25 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 26 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 27 Captions. The captions and section designations herein set forth are for convenience only and shall have no substantive meaning 28 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 29 Entirety of Agreement. This Agreement represents the entire understanding between the 10 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 R20 o o 02:1 CITY OF BOYNTON BEACH PALM BEACH COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS By ` I ' / 7 5 II ` / By z -� FEB 1 5 1003 Mayor D teinith Chair Date ATTEST 0 o ATTEST I-;.' � Q �O .�g� '� \� DOROTHY H WILKEN, CLERK • B - �i. , 0...., , . /4: : f •••i_.- .a¢ By d 4�eL C. kilib.A.J FEB 1 5 2000 Cl Date Deputy Date ,, ,,,,,,..v. wA , N`I v C\ ; N T Y .. � o '',,, , / APPROVED S T FORM AND APPROVED AS TO FORM GD �` '9 t ' � �% LEGA bUFI/ICIENCY LEGAL SUFFICIENCY COIi,NTy' ;;n% %�. F '; �•' L o ri t o F• : ,ms s ..,, By By S ��` � �_ ��I Cis Attorney County Attorney v "'` ",' - - I coastal lake_worth Iagoorn99 -tg ei \nt19- bovrnon tbb -i■ wpd II 9 38 8 0 MAR a 2 1999 DEP AGREEMENT NO. SP505 STATE OF FLORIDA GRANT ASSISTANCE PURSUANT TO LINE ITEM 1299A OF THE 1998 - 99 APPROPRLATIONS ACT THIS AGREEMENT is entered into between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, whose addrcss is 3900 Commonwealth Boulevard, Tallahassee, Florida 32399 (hereinafter referred to as the "Department ") and the PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS, whose addrcss is 3323 Belvedere Road. Building 502, West Palm Beach, Florida 33406 (hereinafter referred to as "Grantee "), a local government, to perform Lake Worth Lagoon Restoration and Enhancement Projects. In consideration of the mutual benefits to be derived hercfront, the Department and the Grantee do hereby agree as follows: 1. The Grantee does hereby agree to administer and manage subgrants for Lake Worth Lagoon Restoration and Enhancement by entering into subagreements with the various Subgrantees who will perfom projects in accordance with the terms and conditions set forth in this Agreement, Attachment A (Scope of Services), and all attachments and exhibits named herein which are attached hereto and incorporated herein by reference. Nothing herein shall preclude the Grantee from funding approved projects done directly by the Grantee. 2. This Agreement shall begin upon execution by both parties and shall remain in effect for thirty-six (36) months, inclusive. In accordance with Section 287.058(2), Florida Statutes, the Grantee shall not be eligible for reimbursement for services rendered prior to the execution date of this Agreement. This Agreement may be amended to provide for additional services if additional funding is made available by the Legislature. 3. 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 $1,000,000. The Grantee shall be reimbursed on a cost reimbursement basis in accordance with the Comptroller's Contract Payment Requirements, attached hereto and made a part hereof as Attachment B. If the Grantee finds that the work descnbed in Attachment A cannot be accomplished for the current estimated amount, as indicated in Column E of the table of Page 1 of Attachment A, the parties hereto agree to modify the Scope of Services described in Attachment A to provide for the restoration services that can be accomplished for the funding identified above. In the event of such modification to the Scope of Services, it is understood and agreed that the individual match amounts for each project shall not fall below fifty percent (50 %) of the total project cost. All bills for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof. All requests for reimbursement of travel expenses shall be submitted in accordance with Section 112.061, Florida Statutes. 4. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. 5. The Grantee shall submit invoices on a convenient basis, but not more frequently than monthly and not less frequently than quarterly. Invoices shall be submitted in conjunction with progress reports describing the work performed, problems encountered, problem resolution, schedule updates and proposed work for thc next reporting pcnod. If advance payment is authorized, the Grantee shall report (and document) the amount of funds expended during the reporting period, the Agreement expenditures to date, interest earned dunng the quarter and clearly indicate the method for repayment of the interest to the Department (sec paragraph 19). It is hereby understood and agreed by the parties that thc tear "quarterly" shall reflect the calendar quarters ending March 31, lune 30, September 30 and December 31. The Grantee and each subgrantee is required to submit a final project report upon completion of the projcct for which they arc responsible for conducting. Said projcct reports shall be submitted to the Department's Agrecment Manager no later than thirty (30) days following project completion which must occur at least sixty (60) days prior to thc completion date established in paragraph 2 above. di Ilk DEP Agreement No. SP505, Page 1 of 5 _ r'VrrTT TT w 6, Pursuant to Section 215.422, Florida Statutes. the Department's Agreement Manager shall have five (5) working da }s, unless otherwise specified herein, to inspect and approve the services for payment; the Department must submit a request for payment to the Florida Department of Banking and Finance within twenty (20) days; and the Department of Banking and Finance is given ten (10) days to issue a warrant. Days are calculated from the latter date the invoice is received or services received, inspcctcd, and approved. Invoice payrnent requirements do not start until a proper and correct invoice has been received. Invoices which have to be returned to a grantee for correction(s) will result in a delay in the payment. A Vendor Ombudsman has been established within the Florida Department of Banking and Finance who may be contacted if a contractor is experiencing problems in obtaining timely paytnent(s) from a State of Florida agency. The Vendor Ombudsman may be contacted at 850/488 -2924 or 1- 800 -848 -3792. 7 In accordance with Section 215.422, Florida Statutes, the Department shall pay the Grantee, interest at a rate as established by Section 55.03(1), Florida Statutes on the unpaid balance, if a warrant in payment of an invoice is not issued within forty (40) days after receipt of a correct invoice and receipt, inspection, and approval of the goods and services. Interest payments of less than S 1 will not be enforced unless a grantee requests payment. The interest rate established pursuant to Section 55.03(1), by Comptroller's Memorandum No. 11 (1998 -99) dated December 2, 1998, has been set at 10% per annum or .02740% per day. The revised interest rate for each calendar year beyond 1999 for which the term of this Agreement is in effect can be obtained by calling the Department of Banking and Finance, Vendor Ombudsman at the telephone number provided above or the Department's Contracts Section at 850/922 -5942. 8. 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. 9. 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 termination. 10. This Agreement may be unilaterally canceled by the Department for refusal by the Grantee to allow public access to all documents, papers, letters, or other matenal subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Grantee in conjunction Nsith this Agreement. 11. The Grantee 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. 12. In accordance with Section 216.349, Florida Statutes (financial review of grants and aids appropriations), the Grantee shall provide to the Department one of the following: (a) if the amounts received exceed 5100,000, an audit of this Agreement in accordance with the rules of the Auditor General promulgated pursuant to Section 11.45, Florida Statutes; or (b) if the amounts received are greater than $25,000 but do not exceed S100,000, a statement prepared by an independent certified public accountant which attests that the Grantee has complied with the provisions of this Agreement or an audit as described under (a) above, or (c) if expenditures are Tess than $25,000, an attestation by the head of the entity or organization, under penalty of perjury, that the entity or organization has complied with the provisions of this Agreement. The Department reserves the right to recover costs for failure to comply with Section 216.349, Florida Statutes. Copics of the required statement or audit, as applicable, shall be sent to each of the following within six (6) months following the completion of each of the Grantee's fiscal years in which the Agreement is in effect. DEP Agreement No. SP505, Page 2 of 5 -John Moulton Department of Environmental Protection Southeast District Office Post Office Box 15425 West Palm Beach, Florida 33416 -5425 -Audit Director (MS40) Department of Environmental Protection 2600 Blair Stone Road Tallahassee, Florida 32399 -2400 -Audit Manager Office of the Auditor General P.O. Box 1735 Tallahassee, Florida 32302 To ensure compliance with Section 216.349, Florida Statutes, Chapter 10.600, Rules of the Auditor General is provided as Attachment C. Although this document is provided as an attachment to this Agreement, the Grantee acknowledges that this rule is subject to periodic revision by the Auditor General, and as such, the Grantee agrees to comply with the effective version of the rule at the time of satisfying the audit requirements of this Agreement. 13. The Grantee is authorized to subcontract with the entities identified in Attaclunent A. The Grantee shall not otherwise subcontract, assign, or transfer any work under this Agreement without the prior written consent of the . Department's Agreement Manager. The Grantee agrees to be responsible for the fulfillment of all work elements included in any subcontract consented to by the Department and agrees to be responsible 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. 14. 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. 15. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not perform work as a grantee, contractor, supplier, subcontractor, or consultant under a contract w ith any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, F.S., for Category Two, for a period of 36 months from the date of being placed on the convicted vendor list. 16. The Grantee shall comply with all applicable federal, state and local rules and regulations in providing services to the Department 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. 17. The Department's Agreement Manager for this Agreement is identified below. Name: John Moulton Address: Department of Environmental Protection Southeast District Office 400 North Congress Avenue West Palm Beach, Florida 33416 -5425 Phone: 561/681-6600 Fax: 561/681 -6755 DEP Agreement No. SP505, Page 3 of 5 18. The Grantee's Agreement Manager for this Agreement is identified below. Name: Richard E. Walcsky Address: Palm Beach County Environmental Resources 3323 Belvedere Road Building 502 West Palm Beach. Florida 33406 Phone. 561/233 -2400 Fax: 561/233 -2414 19 In accordance with Section 216.131(15)(b), Florida Statutes, the Department, upon written request from the Grantee and written approval from the Comptroller, may provide an advance to the Grantee. The Grantee may temporarily invest the advanced funds, provided that any interest income shall either be returned to the Department, «ithin thirty (30) da) s of each calendar quarter or be applied against the Department's obligation to pay, if applicable, under this Agreement. Interest earned must be returned to the Department within the timeframe identified above or invoices tnust be received within the same timeframe that shows the offset of the interest earned. Unused funds, and interest accrued on any unused portion of advanced funds which has not been remitted to the Department, shall be returned to the Department within sixty (60) days of Agreement completion. The parties hereto acknowledge that the State Comptroller may identify additional requirements which must be met in order for advance payment to be authorized. If additional requirements are imposed by the State Comptroller, the Grantee shall be notified, in writing, by the Department's Agreement Manager regarding the additional requirements. Prior to releasing any advanced funds, the Grantee shall be required to provide a written acknowledgement to the Department's Agreement Manager of the Grantee's acceptance of the terms imposed by the State Comptroller for release of the funds. 20. 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 subcontracted, 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 self - 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. 21. The Grantee warrants and represents that it is self - funded for liability insurance, appropriate and allowable under Florida law, and that such self - insurance offers protection applicable to the Grantee's officers, employees, servants and agents while acting within the scope of their employment with the Grantee. 22. The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 23. The purchase of non - expendable equipment costing $500 or more is not authorized under the terms of this Agreement. 24. The Department may at any time, by written ordcr 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, ctc.). All change ordcrs arc subject to the mutual agreement of both parties as evidenced in riting. Any change ordcr which causes an increase or decrease in the Grantee's cost or time shall require formal amendment to this Agreement. DEP Agreement No. SP505, Page 4 of 5 25. It is understood and agreed that the Grantee, and its subgrtntccs, shall not be compensated under this Agreement for any chemical or biological sampling and analysis performed as a component of the projects described in Attachment A. Therefore. the Department's Quality Assurance (QA) Requirements and Data Validation Requirements shall not apply to this Agreement. 26 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 othcn isc provided herein. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year last writtcn below. PALM BEACH COUNTY BOARD STATE OF FLORIDA DEPARTMENT OF OF COUNTY COMMISSIONERS ENVIRONMENTAL PROTECTION R 9 338 D sy: ›__ 1 / Title: Chair Maude Ford Lee Secretary or designee • MAR 0 2 1949 Date: Date: FEID No.: 59- 6000785 0 141 4L-- D Agreement Manager 11 ` DOROTHY H. WlLKEIf,.CLFR 1 ",, Board of County C • A I ` - 1._ By ` V 1(,V) DEP Contracts Administrator DEPUTY CEEAK C Q U t I T '( ; r • 0 FORM`' ' =J Approved as to form and legality: AP ROVED% LE L SHC NCY . I3Y „ • County Attomey DEP Attorney *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 Agreement or must accompany the Agreement. List of attachments/exhibits included as part of this Agreement: Specify Letter/ Type Number Description (include number of pages) Attachment A Scope of Services (23 Pages) Attachment B Comptroller Contract Payment Requirements (1 Page) Attachment C Chapter 10.600, Rules of the Auditor General (5 Pages) DEP Agreement No. SP505, Page 5 of 5 ATTACHMENT A SCOPE OF SERVICES Legislative Line Item Appropriation 1299A provided 51,000,000 for Lake Worth Lagoon Restoration and Enhancement Projects. A total of clew: (1 1) Grant Applications for various projects were submitted by qualified applicants and reviewed by a Selection Committee comprised c representatives from the Department of Environmental Protection, the South Florida Water hfanagcment District, the U S. Fish and Wildlife Service, the West Palm Beach Fishing Club and the Florida Inland Navigation District. The following table identifies the projects which th Selection Committee approved on October 14, 1998 for funding under this specific appropriation. LAKE VV ORTII LAGOON RESTORATION AND ENIIATCEMEIT PROJECTS FUNDED PURSUANT TO SF -99 LINE ITEM APPROPRIATION NO. I299A • Protect Project Description Responsible Onginal Onginal Grant (A -BYA Grant Award 1C/(1 -R)I-C Revised Total Number Local Estimated Request Grantee/ (Grant Aware Government Cost of Project Subgrantee + Minimum Minimum Match) Match (A) (B) (R)2 (C) (D) (E) 1 Artificial Reef School District SIO2,000 S51,000 .50 551,000 S51,000 S102,00( Habitats of Palm Beach Counts- 2 Downtown City of S5,000,000 S1,000,000 .80 S300,000 S1,200,000 S1.500,00( Watershed Regional Boynton Beach Stormwatcr Facility 3 Lake Park Manna Town of Lake 8125,000 S42.500 .66 S42,500 882,500 S125,00( Pump Out Facilities Park 4 Lake Park Town of Lake S160,000 S80,000 .50 $80,000 S80,000 S 160,000 Stormwatcr Park Management 5 Port of Palm each Port of Palm 8600,000 5300,000 50 8147,408 8 147,408 S294,816 Master Drainage Beach - - Plan Improvements 6 Renaissance Project City of West 81,666,628 8300,000 .82 S100,000 8455,556 S555,556 Phase I - Treatment Palm Beach and Diversion' _ 7 Peanut Island Palm Beach 81,693,765 S250,000 85 $250,000 81,443,765 S1,693,765 Environmental County Board Restoration of County Commissioners 8 Contract Palm Beach n/a n/a n/a 529,092 n/a n/s Administration County Board (associated with of County protects 1-6) Commissioners TotaLs S9.347,393 82,023.500 — S1.000,000 53,460,229 S4,431,137 Notes: 'Should the City of West Palm Beach (Project No. 6) not receive permits on a timely basis (within sixty (60) days of executing a subagreement with Palm Beach County), their allocation will be transferred to the City of Boynton Beach (Project No. 2). 2 At the time of application for the Brant, the grant applicants agreed to pay for this much of the project. Except as provided for in paragraph 3 of this Agreement, individual match commitments shall be identified and monitored for each grantee/subgrantee and shall, at a minimum, meet the proposed match percentages identified in the grant applications submitted for project evaluation and selection. 3 In detennrnmg compliance with match requirements, each grantee/subgrantee may use activities undertaken on or after the projected project start date established in Attachment A, Projects 1 - 7 (as appropriate). 'For Projects I - 7, only construction activities (as described below and performed during the term of this Agreement) will be eligible for reimbursement under this Agreement. For purposes of this Agreement the term "Construction" shall mean the following: 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, cicanng, 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. DEP Agreement No. SP505, Attachment A, Page 1 of 23 Pages 2 -23 of Attachment A of Agreement SP505, as amended, have been omitted from Exhibit A since they are not relevant to projects for SFY99 -00 For a copy of these pages, please call Ginny Powell, Palm Beach County Department ofEnvironmental Resources Management Phone 56I/233 -2512 Pages 2 -23 of Attachment A of Agreement SP505, as amended, have been omitted from Exhibit A since they are not relevant to projects for SFY99 -00. For a copy of these pages, please call Ginny Powell, Palm Beach County Department ofEnvironmental Resources Management, Phone 561/233 -2512. ATTACHMENT B Comptroller Contract Payment Requirements Department of Banking and Finance, Bureau of Auditing Manual (10/07/97) Cost Reimbursement Contracts Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.) Supporting documentation must be provided for each amount for which reimbursement is being claimed indicating that the item has been paid. Check numbers may be provided in Lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved contract budget should be reimbursed. Listed below are examples of types of documentation representing the minimum requirements: (1) Salaries: A payroll register or similar documentation should be submitted. The payroll register • should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. (2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. (3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which includes submission of the claim on the approved State travel voucher or electronic means. (4) Other direct costs: Reimbursement will be made based on paid invoices /receipts. If nonexpendable property is purchased using State funds, the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with Department of Management Services Rule 60A- 1.017, Florida Administrative Code, regarding the requirements for contracts which include services and that provide for the contractor. to purchase tangible personal property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the State. (5) In -house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable. (6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown. Pursuant to 216.346, Florida Statutes, a contract between state agencies including any contract involving the State University system or the State Community College system, the agency receiving the contract or grant moneys shall charge no more than 5 percent of the total cost of the contract or grant for overhead or indirect cost or any other cost not required for the payment of direct costs. DEP Agreement Nn SPSIIS Attgrhmpnt R Poeta 1 ,.r 1 ATTACHMENT C RULES OF THE AUDITOR GENERAL CHAPTER 10.600 AUDITS OF STATE GRANTS AND AIDS APPROPRIATIONS UNDER SECTION 216.349, FLORIDA STATUTES EFFECTIVE 9 -30 -97 DEP Contract No. SPS05, Attachment C, Page 1 of 5 RULES OF THE AUDITOR GENERAL CHAPTER 10.600 TABLE OF CONTENTS Rule Section No. Description Page PREFACE TO RULES 2 10.610 DEFINITIONS 3 10.620 AUDIT REQUIREMENTS 4 10.630 EFFECTIVE DATE 4 APPENDIX 5 PREFACE TO RULES Section 216.349, Florida Statutes, imposes audit requirements on recipients of grants and aids appropriations from State agencies. The grants and aids appropriations referred to in Section 216.349, Florida Statutes, are those designated as "grants and aids" in a Florida appropriations act. The beginning point of any audit required by this section of law should be a determination of which State moneys received by the auditee are grants and aids appropriations as described above. The Auditor General has no authority or responsibility to determine which grants and aids are covered by this section of the Florida Statutes. Because of responsibilities assigned to the administering State agency and the Comptroller of the State of Florida, either or both should be able to assist the auditee in determining which grants and aids come under Section 216.349, Florida Statutes. The administering State agency should also be consulted regarding any specific form requirements for the required report and schedule. These rules apply only to grants made by State agencies from appropriations designated as "grants and aids" in a Florida appropriations act. These rules do not apply to grants made from sources of money other than those designated as "grants and aids" in a Florida appropriations act. There may be occasions when State grants and aids appropriations moneys received from a State agency include Federal moneys. Certain changes to these rules have been made to assist State agency Federal award pass - through recipients in their effort to implement new Federal requirements (i.e., Single Audit Amendments of 1996 and revised OMB Circular A -133) while still complying with the Section 216.349, Florida Statutes, requirements. The most significant change to these rules is the requirement that the auditor conduct an examination in accordance with AICPA attestation standards and issue an examination attestation report addressing compliance with the grant requirements. Since the primary objective of a Section 216.349, Florida Statutes, audit is to determine the recipient' s compliance with the grant provisions (including a determination of whether the grant funds were used for authorized purposes), an examination conducted in accordance with AICPA attestation standards should be sufficient to meet this objective. AICPA attestation standards are not significantly different from AICPA auditing standards and the level of audit work necessary to meet this objective would not vary significantly whether done as part of an audit or as part of an attestation engagement. An examination done in accordance with AICPA DEP Contract No. SP505, Attachment C, Page 2 of 5 attestation standards provides a high level of assurance (i.e., an opinion) and should satisfy the monitoring needs of pass - through Federal award recipients. Examinations intended to satisfy such monitonng needs would be limited to the five types of compliance requirements specified in OMB Circular A -133 for limited scope audits. Another advantage of an examination conducted in accordance with AICPA attestation standards is that the auditor' s examination attestation report is essentially the same regardless of whether or not the grants and aids recipient is a local govemment, not - for - profit or for - profit organization, or had a financial statement audit. The use of the same report to satisfy applicable Federal subrecipient monitoring requirements and /or State grants and aids appropriations audit requirements should ease administrative burdens imposed on State agencies. The basis for determining which Federal award recipients are required to have a Federal single audit (i.e., amount of Federal awards expended) differs from the basis for determining which grants and aids recipients are required to provide for an audit pursuant to Section 216.349, Florida Statutes (i.e., the amount of grants and aids moneys received). Accordingly, Federal award recipients required to provide for an audit pursuant to the Federal Single Audit Act must prepare a schedule of expenditures of Federal awards whereas State grants and aids recipients required to provide for an audit pursuant to Section 216.349, Florida Statutes, must prepare a schedule of State financial assistance. Because information required for a schedule of expenditures of Federal awards differs from that required for a schedule of State financial assistance, State grants and aids moneys that involve Federal awards will have to be included on the schedule of expenditures of Federal awards (when that schedule is required pursuant to the Federal Single Audit Act) and on the schedule of State financial assistance. The schedule of State financial assistance should be footnoted to indicate the extent of duplication of moneys on the two schedules. The auditor must determine from the grant agreement and /or inquiries with the granting agency the level or amount of testing necessary to report on whether or not the expenditures of the grants were in accordance with all legal and regulatory requirements and that the funds were not used for the purpose of lobbying the Legislature, the judicial branch, or a State agency. Nothing in these rules precludes the auditor from testing grant moneys for both Federal and State requirements at the same time. However, as stated earlier, these rules do require a schedule of State financial assistance and the auditor' s examination attestation report should refer specifically to the schedule of State financial assistance. The schedule of State financial assistance should clearly distinguish State grants and aids moneys from other State financial assistance. Nothing contained in these rules precludes a State granting agency from imposing requirements that are in addition to those specified in these rules. History New 06 -30-93 Amended 06- 30-94, 06- 30-95, 09 -30-97 10.610 DEFINITIONS (1) As used in these Rules, the term: (a) "Local govemmental entity" means a county agency, municipality, or special district or any other entity (other than a district school board or community college), however styled, that independently exercises any type of govemmental function. (b) "Nonprofit organization' means any organization which meets the definition of a not -for- profit organization provided in Financial Accounting Standards Board Statement 116, Appendix D. (c) "For - profit organization" means any organization which is not a governmental entity or a nonprofit organization. General Authority and Law Implemented - Section 11.45, Flonda Statutes, and Section 216 349, Florida Statutes. History: New 06 -30-92 Amended 06- 30-93, 06- 30-94, 06- 30-95, 09 -30-97 DEP Contract No. SP505, Attachment C, Page 3 of 5 10.620 AUDIT REQUIREMENTS (1) When an audit is required pursuant to Section 216.349, Florida Statutes, the audit shall be an examination conducted in accordance with attestation standards promulgated by the American Institute of Certified Public Accountants. Grantor State agencies may also impose additional requirements. (2) The report produced in compliance with Section 216.349, Florida Statutes, shall contain a schedule of State financial assistance which meets the requirements of the granting agency(s) and a written report which includes an opinion on management' s assertion about the entity' s compliance with grant requirements. Additionally, the report should refer to the schedule of State financial assistance and should indicate whether, in the auditor' s opinion, the applicable management assertions are fairly stated in all material respects. General Authority and Law Implemented - Section 11.45, Flonda Statutes, and Section 216.349, Flonda Statutes. History New 06 -30-92 Amended 06- 30-93, 06- 30-94, 06- 30-95, 09 -30-97 10.630 EFFECTIVE DATE These Rules, as amended, shall take effect September 30, 1997, and are applicable to audits for fiscal years ending September 30, 1997, and thereafter. General Authority and Law Implemented - Section 11.45, Florida Statutes, and Section 216.349, Flonda Statutes. _ . History: New 06 -30-92 Amended 06- 30-93, 06- 30-94, 06- 30-95, 09- 30-96, 09- 30-97. Renumbered 09 -30 -97 (formerly 10.640) DEP Contract No. SP505, Attachment C, Page 4 of 5 APPENDIX EXCERPT FROM FLORIDA STATUTES, 1997 216.349 Financial review of grants and aids appropnations; audit or attestation statement.- - (1) Before disbursing any funds from a grants and aids appropriation pursuant to a grant or contract, the state agency, or the judicial branch, authorized by the appropriations act to administer the funds and the Comptroller must independently ensure that the proposed expenditure is in accordance with all legal and regulatory requirements and find that the terms of the grant or contract specifically prohibits the use of funds for the purpose of lobbying the Legislature, the judicial branch, or a state agency. (2) Any local govemmental entity, nonprofit organization, or for - profit organization that is awarded funds from a grants and aids appropriation by a state agency shall: (a) If the amounts received exceed $100,000, have an audit performed in accordance with the rules of the Auditor General promulgated pursuant to s. 11.45; (b) If the amounts received exceed $25,000 but do not exceed $100,000, have an audit performed in accordance with the rules of the Auditor General promulgated pursuant to s. 11.45 or have a statement prepared by an independent certified public accountant which attests that the receiving entity or organization has complied with the provisions of the grant; or (c) If the amounts received do not exceed $25,000, have the head of the entity or organization attest, under penalties of perjury, that the entity or organization has complied with the provisions of the grant. All audits performed or attestation statements prepared under this subsection shall be filed with the granting agency and with the Auditor General. History. — s 29, ch. 91 -109; s. 78, ch. 92 -142. Note: The above excerpt from the Florida Statutes is based on Section 216.349, Florida Statutes (1996 Supplement), which was not amended during the 1997 legislative session. The codified 1997 Florida Statutes were not available at the time theses Rules were updated. DEP Contract No. SP505, Attachment C, Page 5 of 5 DEP AGREEMENT NO. SP505 AMENDMENT NO. 1 THIS AGREEMENT as entered into on the 2 " day of March, 1999, between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the "Department ") and the PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS (hereinafter referred to as the "Grantee ") is hereby amended. WHEREAS, Line Item appropriation 1185 of the 1999 -2000 General Appropriations Act awarded an additional $1,500,000 to the Department for restoration and enhancement projects for the Lake Worth Lagoon; and, WHEREAS, the Department received and approved eight (8) additional grant project proposals which shall be funded in part, from such appropriation; and, WHEREAS, a time extension is necessary to complete the proposed projects; and, WHEREAS, the Grantee shall be compensated for its administrative role in managing the additional Lake Worth Lagoon subgrants as set forth in Attachment A -1, Supplemental Scope of Services; and, WHEREAS, other changes to the Agreement are necessary. NOW, THEREFORE, the Agreement is hereby amended as follows: -- All references to Attachment A, Scope of Services, are hereby revised to include Attachment A -1, Supplemental Scope of Services, attached hereto and made a part hereof. -- Paragraph 2 is hereby deleted in its entirety and replaced with the following: 2. This Agreement shall begin upon execution by both parties and shall remain in effect for sixty (60) months, inclusive. However, all services set forth in Attachment A, Scope of Services, shall be completed no later than March 1, 2002; and all services set forth in Attachment A -1, Supplemental Scope of Services, shall be completed no later than March 1, 2004. In accordance with Section 287.058(2), Florida Statutes, the Grantee shall not be eligible for reimbursement for services rendered prior to the execution date of this Agreement. This Agreement may be amended to provide for additional services if additional funding is made available by the Legislature. — Paragraph 3 is hereby revised to increase the maximum compensation amount under this Agreement from $1,000,000 to $2,500,000 (an increase of $1,500,000). -- Paragraph 12 is hereby deleted in its entirety and replaced with the following: 12. In addition to the provisions contained in paragraph 11, the Grantee shall comply with the applicable provisions contained in Attachment C (Revised), Special Audit Requirements, attached hereto and made a part hereof. A revised copy of Attachment C (Revised), Exhibit -1, must be provided to the Grantee with each amendment which authorizes a funding increase or decrease. The revised Exhibit -1 shall summarize the funding sources supporting the Agreement for purposes of assisting the Grantee in complying with the requirements of Attachment C (Revised). If the Grantee fails to receive a revised copy of Attachment C (Revised), Exhibit -1, the Grantee shall notify the DEP's Contracts Administrator at 850/922 -5942 to request a copy of the updated information. DEP Agreement No. SP505, Amendment No. 1, Page 1 of 2 -- Paragraph 17 is hereby revised to change the phone number provided for contacting the Department's Agreement Manager to the following: Phone: 561 /681 -6774. -- Attachment A -1, Supplemental Scope of Services, is hereby added to the Agreement. -- Attachment C (Revised), Special Audit Requirements, is hereby added to the Agreement. - Attachment C, Rules of the Auditor General, is hereby deleted in its entirety. In all other respects, the Agreement of which this is an Amendment, and attachments relative thereto, shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Amendment to be duly executed the day and year last written below. PALM BEACH COUNTY BOARD STATE OF FLORIDA DEPARTMENT OF COUNTY COMMISSIONERS OF ENVIRONMENTAL PROTECTION By: By: Title: Secr- . ry or designee Date: Date: 1 i 2 A /9 ATTEST: _ Deputy Clerk DEP Contracts Administrator / • Approved as to form and legal sufficiency: Approved as to form and legality: County Attorney DEP Attorney *For Agreements with governmental boards /commissions: If someone other than the Chairman signs this Amendment, a resolution, statement or other document authorizing that person to sign the Amendment on behalf of the Grantee must accompany the Amendment. List of attachments/exhibits included as part of this Amendment: Specify Letter/ Type Number Description (include number of pages) Attachment A -1 Supplemental Scope of Services (25 Pages) Attachment C (Revised) Special Audit Requirements (10 Pages) DEP Agreement No. SPS05, Amendment No, 1, Page 2 of 2 ATTACHMENT A -1 SUPPLEMENTAL SCOPE OF SERVICES Legislative Line Item Appropriation 1185 provided $1,500,000 for Lake Worth Lagoon Restoration and Enhancement Projects. A total of thirteen (13) Grant Applications for various projects were submitted by qualified applicants and reviewed by a Selection Committee comprised of representatives from the Department of Envirornnental Protection, the South Florida Water Management District, the U.S. Environmental Protection Agency, the West Palm Beach Fishing Club and the Florida Inland Navigation District. The following table identifies the projects which the Selection Committee approved on September 1, 1999 for funding under this specific appropriation. LAKE WORTH LAGOON RESTORATION AND ENHANCEMENT PROJECTS FUNDED PURSUANT TO SFY99 -00 LINE ITEM APPROPRIATION NO. 1185 Project Project Description Responsible Original Original Grant (A -BYA Grant Award (C/(1 -R)J -C Revised Total Number Local Estimated Request (Percentages Granted (Grant Award Government Cost of Project rounded to the Subgrantee + Minimum nearest Minimum Match) hundredth.) Match (A) (B) (R) (C) (D) (E) 9 Downtown Regional City of 750,000 250,000 .67 250,000 500,000 750,000 Stormwater Facility Boynton Beach 10 Hypoluxo Town of 1,414,510 707,255 .50 450,000 450,000 900,000 Installation of Hypoluxo Sewers 11 Stormwater Town of Lake 146,000 73,000 .50 73,000 73,000 146,000 Outfall/Treatment Park Retrofit 12 Palm Beach Par 3 Town of Palm 440,000 200,000 .55 200,000 239,560 439,560 Golf Course Habitat Beach Restoration 13 Municipal City of Riviera 202,360 101,180 .50 100,000 100,000 200,000 Stormwater Beach Management System Improvements Program' 14 Renaissance Project, City of West 2,450,000 300,000 .88 200,000 1,426,016 1,626,016 Phase 1- Treatment Palm Beach & Diversion 15 John's Island Palm Beach 826,000 206,500 .75 202,475 607,425 809,900 Restoration County Board of County Commissioners 16 Lake Worth Golf Palm Beach 8,700,000 437,500 95 -0- N/A N/A Course Restoration County Board of County Commissioners 17 Contract Palm Beach N/A N/A N/A 24,525 N/A N/A Administration County Board (associated with of County projects 9 -16) Commissioners Totals 514,928,870 $2,275,345 - 51,500,000 3,396,001 _ 54,871,476 Notes: 'At the time of application for the grant, the grant applicants agreed to pay this percentage of the project. Except as provided for in paragraph 3 of this Agreement, individual match commitments shall be identified and monitored for each grantee/subgrantee and shall, at a minimum, meet the proposed match percentages identified in the grant applications submitted for project evaluation and selection. 2 Allocation contingent upon matching fund availability in the Town's FY2000 budget as of October 1, 1999. If matching funds are not approved by October 1, 1999, Town of Palm Beach allocation will be re- allocated to the Lake Worth Golf Course Restoration Project. 3 Aliocation contingent upon use of CDS unit in lieu of battle box as proposed. ° Allocation contingent upon use of grant dollars for retrofitting only. If the Town of Palm Beach's allocation is re- allocated to the PBC ERM for this project, PBC ERM will receive the allocation contingent upon its ability to finish some portion of the project within the 18 -month timeframe. 6 1t is understood and agreed that no services provided prior to execution of this Amendment for Projects 9 -16, as set forth in Attachment A -1, shall be authorized for payment under this Agreement. However, m determining compliance with match requirements, each grantee/subgrantee may use project activities undertaken on or after January 1, 2000. For Projects 9 - 16, only construction activities (as described below and performed during the term of this Agreement) will be eligible for reimbursement under this Agreement. For purposes of this Agreement, the term "Construction" shall mean the following: 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. DEP Agreement No SP5(15 Attachment A_1 Pic e 1 of 25 PROJECT 9 ORGINAL • Lake Worth Lagoon Partnership Grant Program Project: Portions of Basins 2 & 3 - Downtown Regional Stormwater Facility - Phase 2 Applicant: City of Boynton Beach Agent/Title: John A..Guidry, Director of Utilities Address: 5469 W. Boynton Beach Boulevard, Boynton Beach, FL 33437 Phone: 561- 742 -6452 Estimated Cost of Project $750,000 Amount of Grant Request $250,000 Is Funding Match Already Available Yes Project Start Date January 2000 Completion Date December 2000 (approximate) ***************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 1. In the space provided, fully describe the scope, methods and location of the proposed partnership project. Phase 1 of the Stormwater Improvements Project included construction of the 3 -acre pond and piping east of U.S. Highway 1, in the area known as Basin 1. Total project costs for that portion were estimated at $5 million. Phase 2 will extend piping to serve portions of Basins 2 & 3 (see map). Pretreatment of the initial 2.5 inches of rainfall over the impervious area will be afforded by both the pond (for low -lying areas) supplemented by exfiltration trench or dry detention in the upland areas. Phase 2 of the Stormwater Improvements for the Downtown Watershed includes trunk line piping crossing U.S. Highway 1 in two locations, plus additional hard piping and exfiltration trench intended to intercept and treat stormwater that is now flowing into the U.S. 1 and'or Seacrest Boulevard drainage systems. Both of these roadway_drainage systems-currently-discharge to the -Lake Worth Lagoon • - - - - pretreatment. FMvEiVED y 8 ,n GI� _ 11 *n' , DEPT OF ENV PROTECTION WEST PALM BEACH ORIGINAL Project Name: Downtown Watershed Page 2 of 3 2. How will your project assist in the attainment of the principal goal of the Lake Worth Lagoon Management Plan, i.e., the restoration /improvement of the Lake Worth Lagoon. . _ The drainage system will include baffle boxes at both inlets to remove debris, sediment, oils and greases before stormwater reaches the pond. The open area of the pond, supplemented by mechanical aeration (fountains) will further reduce BOD loading to the Lake Worth Lagoon, while also increasing dissolved oxygen concentration in the discharge from the pond. The drainage wells associated with the pond will reduce freshwater discharges to the Lagoon, as will the upland pretreatment. Continued implementation of the Master Plan, as required in the City's NPDES permit, will allow redevelopment to occur in the coastal area. Such redevelopment will, in turn, promote the phase -out of older, direct discharge -type drainage systems, thereby decreasing the loading into the Lagoon from those existing sources. This proposal will, therefore, support at least four of the objectives listed in the Lake - - Worth Lagoon Management Plan, as follows: 1. Reduce excessive freshwater inflows from non -point sources 2. Decrease input of suspended solids 3. Decrease input of excessive nutrients, by facilitating percolation (upload portion), and nutrient uptake in the pond (littoral zone plantings) 4. Prevent the release of toxic substances from point and non -point sources, through the proper functioning and maintenance of baffle boxes and exfiltration trenches The City's storrnwater utility will provide consistent cleaning and maintenance of the treatment system, so as to guarantee long -term treatment effectiveness. 3. How will you measure the success /benefits of your efforts on the Lake Worth Lagoon. Water quality monitoring of the pond discharge can be compared with water quality from the U.S. Highway 1 and Seacrest Boulevard systems. Values for BOD, nutrients and suspended solids can be measured and used to estimate the net decrease in loading to the Lagoon. - ORGINAL Project Name: Downtown Watershed Page 3 of 3 4. Additional Narrative /Drawings that add to the previous questions. The sketch shown below indicates the location of the proposed piping in Basins 2 _ & 3, and its relation to the pond in Basin 1. k - L aT - i IL a "FOB , i =, -.� �' -"� . /. � - ! Dvl 31 I DL/999: • 1 - L. �I - � '� nvun+► I WA ` _ • + •_.�� f IV! , � it, f ,::te U t - i i a � �. at'. r ; :I' iI:,,. 4 •• ..=7l uui• / i /f l•__• V 2i� '; 1� I ' : � ; l . i �� .4I 11 1/3.45 _ 1 —, r l :1 'LE; ur ' D1►1350 t � DV355_ � I _ ; , tie- i1 � . -r. - f I - , 9 1■;--=‘;---:=-1 ' -- ,. ' IR ALISILIV F - :___..!( . , I. , _. ! . - I :\ — r • _ - I – 215 _ 1, � . , l ' � Wilk. , I. • �i �i � Dy36� + �D1/ � -ii �° u � � tiiil I . 365 �! I- � � rT� � :_ � DV 50� la � , _ i �_ _ & DJ6;= n �� G :461 , 3 � J I4 (; _ yQ � _ > > aysca _ — • � J f �15 1 - 7 I D 11165 —'". •. .a J III . 73 F 1 1 , 9 : _a_ 1 0 4 l Et 01 " 1 , 11 . 11 - . . " i D iv , ; --: ‘.. - -t. - ' -rili=2.A.„.._ . 10.P..- . - I° . .74c1: .------- !.. R . --..41 Certification: I certify that to the best of my knowledge, all of i e statements contained in this application are correct and complete. 6 copies to the submitted and Signature: 1 original (marked) sent to the / • County Grant Coordinator @ Print Name: John A. Guidry Environmental Resources Management 3323 Belvedere Road, Bldg. 502 Title: Directcr of Utilities West Palm Beach, FL 33406 -1548 Date: PROJECT 10 ORIGINAL Lake Worth Lagoon Partnership Grant Program Project:' Hypoluxo Installation of Sewers (HIS) Applicant: Town of Hypoluxo ; AgeutfTitle• Kenneth M. Schultz, Mayor Address: 7580 S. Federal Highway, Hypoluxo, FL 33462 Phone: 561- 582 -0155 Estimated Cost of Project $ • 1,414,510 Amount of Grant Request S 707,255 Is Funding Match Already Available Yes - Conditioned upon Council approval of Special Assessment Project Start Date (approx.) Winter 1999 - 2000 Completion Date Summer 2001 1. In the space provided, fully describe the scope,•urethods and location of the proposed partnership project. There are two single- family residential communities in the Town of Hypoluxo east of U.S. #1 and abutting the Lake Worth Lagoon using septic tanks. Just east of U.S. #1 there is a north -south sewer line the entire length of the Town of Hypoluxo maintained by the City of Boynton Beach. All other housing developments in the Town of Hypoluxo are connected to this sewer line. There is a new development being built adjacent to one of the referred to single - family developments. It is going to provide a "stub out" for connecting seventy -one (71) homes to its sewer system. With this project, Hypoluxo Installation of Sewers (HIS), all septic tanks east of U.S. #1 in Hypoluxo will be eliminated. Having sewers throughout the Town of Hypoluxo is a goal in the Town's Comprehensive Plan. The awarding of this grant will assist the town in satisfying this important element of our plan. The project will have a tremendous impact on cleaning -up the Lake Worth Lagoon. Of the ninety-nine (99) residential lots, over sixty (60 %) of them are directly on the Intracoastal Waterway or a canal leading to it. Some homes have septic tanks within ten (10) feet of the water. —. With tire of 1S an�iriciusive witiiihis g`rarifrequest rs an iiriderstanding all roads anid - disrupted areas will be returned to pre - construction condition. A preliminary study estimates the cost of S 1,414,510 for the project. This estimated cost is based upon 99 lots, each with approximately 75 feet of frontage. While the actual costs may vary slightly, the Town of Hypoluxo requests favorable consideration, nevertheless, of its efforts to clean up the environment knowing there will be minor adaptations of this proposal when the study is completed. The Town of Hypoluxo does want to model for other communities the removal of septic tanks bordering the Intracoastal Waterway. Project Name: Hvpoluxo Installation of Sewers (HIS) • • Page 2 of 3 • • 2. How will your project assist hi the attainment of the principal goal of the Lalce Worth Lagoon Management Plan, i.e., the restoration /improvement of the [Alice V orth Lagoon. •• . • The discharge of contaminants from septic tanks into the soil will be eliminated. Some homes in the area have been using septic tanks nearly 50 years and the soil is saturated from discharges of all types including chemicals. Some septic tanks are located within ten (10) feet of flowing water. The removal of contaminants seeping out of septic tanks will improve the quality of the Lake Worth Lagoon immeasurably. By doing so the water will become more favorable for fish populations. They will retum to the levels once present in the Lake Worth Lagoon. Manatees are seen frequently the canals and with what is being discharged into the canals they soon will disappear. .Everyone wants the Lake Worth Lagoon to return to its original state and with the removal of septic tanks this could happen. Not only will fish benefit from a cleaner Lake Worth but also plant Life and humans. • • • • • 3. How will you measure the success/benefits of your efforts on the Lalce Worth Lagoon. With the removal of over I00 septic tanks the Lake Worth Lagoon will benefit enormously: Our success will be measured after the installation of sewers is complete and there are no septic tanks in Hypoluxo affecting the Lagoon. Life will return to the Lake Worth Lagoon. It is possible the Town of Hypoluxo will be a prototypic model for other communities encouraging them to remove septic tanks contaminating the Lake Worth Lagoon. Quality ofthe Intracoastal Waterway will be measured before and after the HIS project. The return of life to the Lagoon will be measured. The condition of the Lake Worth Lagoon as oftoday is lmown. Our goal with this project is to support the return ofthe Lake Worth Lagoon to its original state as it was when there was a Barefoot Mailman. • • I I • Project Name: llypolvxo Installation of Sewers (I1IS) • I'agc 3 of3 • 4. Additional Narrative/Drawings that add to the previous questions. . . If one asks the who, what, when, where and why questions of this proposal, they are - answered. Why there is a necessity f o r this project is obvious to all of us who enjoy the _ _ „ . . . _ _ _ . . . . _ . ._. Lake Worth Lagoon and live next to it. When the project is completed, in part, is dependent upon the support of this grant proposal. The HIS project is for two single - family residential areas in the Town of Hypoluxo. All financial data in this proposal are estimates. It is requested that we be able to amend this proposal when "firm” data are known. A map shows the properties affected by the project. -. - ,Y..72-..v. '�' '� P.... `' 1 • II YP0�LUX0 S ,a pD1T • i • 1-H''Y.P C 1 .1.;U N O ' •'PA K A .. !I I I Y o ti o 1 1(o r cl A104* r '0.: . j 'J-4L .• ' IN GoV fl LOTS 1 !0 -t1.'p AsS.. rG6.;4s . • ,r PJLLM DEA.CH'•COp,�7 :ft ORIDA • 1'::.t J °"' 1 • ! • I SG/IEI'' "on JANURY o� ^"11'�.� t, T " ff '�t'i • � K,�t•t eK i't lAris .5 & a:JU A I ; saRVs ! � e ' ,, r.J Tip' 1L',on•frn�irtR . . ' .. • t g_, M••t•. Let wri.r. 1..14..1 1•a. . ' ,4 !II a ) .• - 6 •'{ sI 1 . 7 ^� d• l ei: IS '4 i1 t, , ....IA. •t 1.4 t•11 /• rl 4w. 4 1) � D4IVC •�ir -- �,, - J • 7 7! !f II it , • U -« II �,J� }r, elll„��ll,. 111�.11�1`�xt�t�. aII. ' Il —11 I 1 1. r71 r1l 117 tat I1. 1" IIl7 U r .. . i DOdON I / N I 1-nI c • • 1 3 L)9.7, „ H 14 1/• s• sr 7, ). :• . ./4 11 11 1 1 . j • .... . .. s• N ' r ; • _ f 1 i.1 IM N U. •o. 1., ,1. III i4I I 111 ,It III 111 14 t • 1 i7t it ii it 53 1.1. n o+ 41 • 1 , 1 ' 4r 44. , . . 3 i a m,. 1-/y 111 ,•SD • • •; � m. C44rI I. 1 . •.t • II I -T Ir.� • , 7 4 ° N I c. I a 1 a l . ! SI I :r1 6 1 If : 1 LS tf 1.,. ,: ,I V r 7 1 ;c„ 1 : r •-�' - . - .so I(w Ol1Ti' • T11e Town of Hypoluxo is ready to support this project to improve the Lake Worth Lagoon. ' Ccrtificallam r certify that to the hest of my Icnowledge, all of the statements contnined in this .. application are - correct and conipiete. 6 copies to the submitted and Signature: i f/ d"""i 1 original (marked) scut to the rI • 7 County Grant Coordinator @ Print Name: KENNETH M. SCHUT,T7, Environmental Resources Management 3323 Belvedere Rand, I3Idg. 502 Title: MAYOR • \Vest Palm Beach; FL 33406 - 1548 � t ante: cc • 5 • / • I . PROJECT 11 Lake Worth Lagoon Partnership Grant Program Project: Stormwater Outfall/Treatment Retrofit Applicant: To of Lake Park Agent/Title: Brian Sullivan — Public Works Director Address: 535 Park Avenue.. Lake Park. FL 33403 Phone: Town of Lake Park — 561/848 -0371 Estimated Cost of Project $146.000 Amount of Grant Request $73.000 Is Funding Match Already Available Yes — approved by voters in 1997 referendum - Project Start Date (approximately) August 2000 Completion Date February 200I 1. In the space provided, fully describe the scope, methods and location of the proposed partnership project. This submittal requests support for the Town. of Lake Park's continuing efforts to implement their Stormwater Master Plan, which provides for reducing direct discharge of untreated stormwater runoff to the Lake Worth Lagoon. This funding application provides for the retrofit of the existing drainage system serving the southern part of the Town. Through the installation of stormwater management and treatment devices this effort will treat stormwater runoff prior to its being discharged to Lake Worth Lagoon via an existing 60" pipe. More specifically, this application provides for the installation of a CDS -style treatment unit and a flow diversion structure (smart box). This will enable the treatment system to serve the dual purpose of capturing pollutants from storm events and also capture floating debris, which has posed a chronic problem for the Marina over the years. Project Name: Lake Worth Lagoon Partnership Page 2 of 3 2. How will your project assist in the attainment of the principal goal of the Lake Worth Lagoon Management Plan, i.e., the restoration /improvement of the Lake Worth Lagoon. The installation will be accomplished as part of the other stormwater management improvements being made around the municipal marina. The Grant Program was helpful in funding these related improvements last year. Inclusion of the proposed stormwater management devices in the existing drainage system will provide a direct reduction in pollutants conveyed by stormwater to the lagoon from the Town of Lake Park's southern drainage area, which occupies approximately 132 acres. Areas included in this drainage basin are essentially entirely built out, and include residential, commercial and industrial properties. Since this area was developed prior to the common use of stormwater management systems, essentially none of the properties located within the drainage area have water management systems designed to assist with the treatment of stormwater. It has been noted that near the existing outfall some seagrass beds now exist. Unfortunately, within a zone of approximately 200 feet of the outfall, the seagrass beds have been severely impacted or are non - existent. This is most likely directly attributable to the stormwater discharges. With the installation of stormwater management facilities, significant improvement in stormwater treatment will occur. 3. How will you measure the success/benefits of your efforts on the Lake Worth Lagoon. With the installation of a CDS stormwater treatment unit, measurement of success can be accomplished quite simply by monitoring (measuring) the volume of pollutants removed from the stormwater treatment unit. The system is designed with a basket/filter which is to be serviced on a regular basis by Town Public Works staff. This basket/filter captures suspended particulate and floating pollutants. With the inclusion of the smart box, it is planned that the unit will also serve to capture floating debris moving through the marina's northern flushing culvert. Oil and grease absorbing rings can also be deployed within the CDS chamber to help capture those pollutants. • Project Name: Lake Worth Lagoon Partnership Page 3 of 3 4. Additional Narrative/Drawings that add to the previous questions. Below is a small sketch identifying the location of the proposed installation relative to the existing outfall and the Town's marina. CDS Technology Key Features Efficient • Captures greater than 95 percent of water - borne litter and debris • Effective in removing sediments including fine sands • Retains all pollutants with a full -flow bypass even Lake Worth Lagoon .0 i when design flows are exceeded. 0. or large Row Range �� 3 to 303 cubic feet per second (CFS). exist. 60" t dratfe outfall Non - Blocking and Non - Mechanical . ...hd-- Existing Marin: Low -Cost. Safe and Easy litter Removal t -- \\\\\\ ..i 'i . .1..M.111..... '��'`' — — — r... .t— 1 Low ods. ante by mechanical rather than human __ r- \� \ \\ I I 1 j i ' II methods. ! r Cost - Effective I I I Lowest overall cost per CFS processed. ti 1 / I .�„ ;• Unobtrusive and Easy to Install P r o o a . • • / • I Compact and below ground limited space require- I . p / / ' _ / ment. Ideal for retrofit and redevelopment apphcatlons°".s � i Sto . pr • v S e - i f r t7 4`\ I Applications JI P -+ -- ri— TL-r -lf" lr —i—•�i --�'n 1` - -i--Y_ , • New and Better Stormwater • CSO - l • Pretreatment Water : l � '°` °'•,, ^, m.; • lndustnal Pro 60 n Flushing Culvert • Pretreatment for O/W Sep /Sand filters media • Blofiltrauon ponds and infiltration basins � f t rO 1 1 — �' j i L ri -f — t . r' I A rif t a r I J T-c I _ L -IL I _ • %: y `' .. . ` . ` % 1;. • ! � • — — — — — — — — — — — — — — I�ORc DRS - ----- -- -- -- 3 � U 17 J - I - -, --- -__ i i' -t I — _ 1 . ii, —+ • fi : • t • i t I I I [ !..;•1`•• .. --'1- . ' . 32 _......_. acre ariaih ge_ area ! ; ; '" �; , . , _ i extends kFt o FEC; RR r/w The COS unrt can be placed m bne i f I ) wall an ea.stmg sewer system. Its remarkably small footpnnt takes — - - - - --- _ - -4:tle space andrequsressso supper: - - -- - - - - - . - - - - - - ofrastructure Certification: I certify that to the best of my knowledge, all of the statements contained in this application are correct and complete. n 6 copies to the submitted and Signature: - .� •- % -tom` -0-(_J 1 original (marked) sent to the County Grant Coordinator @ Print Name: ( Sriaa i Sullivan Environmental Resources Management Title: Public Works Director/ 3323 Belvedere Road, Bldg. 502 ii'JSJ /. • /wiz—�� r. West Palm Beach, FL 33406 -1548 Date: June 14, 1999 LI . PROJECT 12 • Lake Worth Lagoon Partnership Grant Program Project: Palm Beach Par 3 CGolf Course Habitat Restoration Applicant: Town of Palm Beach Agent/Title: James M, Bowser. P.E.. Town Engineer Address: P.O. $ox 2029. Palm Beach. Florida 33480 Phone: .56J -J38 -5440 FAX: 561-835-4691 Estimated Cost of Project: $44Q000 Amount of Grant Request: $200.000 Is Funding Match Already Available? ❑ Yes ® No [See Town Council Resolution noting intent to authorize funding if grant is approved.] Project Start Date (approx.) May 2000 Completion Date: August 2000 1. In the space provided, fully describe the scope, methods and location of the proposed partnership project. This project is located at the Town of Palm Beach Par 3 golf course, 2345 South Ocean Boulevard (SRAIA) Palm Beach. The project would be constructed from the uplands. It is envisioned that a rock berm be constructed 8 -10 feet away from the wall, filter fabric and fill placed and red mangroves planted at approximately three feet on center Total project length would be 2000 LF ±. 2. - How will your project assist in the attainment of the principal goal of the Lake Worth Lagoon Management Plan, i.e., tfie restoratien mpravem.ent_ of the _Lake Worth Lagoon. This project will establish 2000 linear feet of mangrove habitat. This project is identified in the Worth Lagoon Management Plan, as number 26, Appendix D table, Habitat Restoration and Enhancement projects Summary. 3. How will you measure the success/benefits of your efforts on the Lake Worth Lagoon The measurement of success will be in the survivability of the mangrove plantings am associated use by marine life. , Project Name: Palm Beach Par 3 Golf Course Habitat Restoration • Page 2 of 2 4. Additional Narrative/Drawings that add to the previous questions. This area exhibits significant bait fish and predator fish activity (Snook, Jack Crevelle). The establishment of 2000 linear feet of mangrove vegetation will provide a significant enhancement to existing marine resources in this area. Certification: 1 certify that to the best of my knowledge, all of the statements contained in this application are correct and complete. 6 copies to the submitted and 1 original (marked) Signature: 1 S. r ( sent to the County Grant Coordinator @ Print Name: Leslv S. Smith Environmental Resources Management Title: Town Council President - - - 3323 Belvedere Road, Bldg. 502 Date: 6 West Palm Beach, Florida 3406 54 - 8 -- -- --------- --- --- ---- - --- -- PROJECT 13 ORIGINAL Lake Worth Lagoon Partnership Grant Program Project: Municipal Stormwater Management System Improvements Program___ • • Applicant: City of Riviera Beach • _ - _ _ Agent/Title: WiIIiam J. Hunter, City Manager Address: 600 W. Blue Heron West Boulevard, Riviera Beach, Florida 33404 Phone: (56I) 845 -4010 Estimated Cost of Project $ 202,360_ Amount of Grant Request $_101.180 • Is Funding Match Already Available Funds will be included in the FY 1999/00 Budeet Project Start Date (approx.) January 2000 Completion Date August 2001 1. In the space provided, fully describe the scope, methods and Location of the proposed project. The City of Riviera Beach intends to implement a Municipal Stormwater Management System Improvements Program. It will be implemented under the provisions of the United States Environmental Protection Agency (EPA) and National Pollutant Discharge Elimination System (NPDES), Municipal Separate Storm Sewer Systems (MS4s), Permit Number FLS000018 and the Lake Worth Lagoon Management PIan. The provisions of the MS4 permit require the City to conduct several stormwater management tasks and activities. These tasks and activities are focused in nine major areas, which include: inspection and maintenance of structural controls, implementation of development regulations, implementation of water quality criteria for flood control projects, pesticides/herbicides training and certification procedures. Additional areas include illicit discharge inspections, investigation and enforcement roadways, municipal solid waste, high -risk facilities and construction sites. - - - - Municipal solid waste is covered -by other federal, state. and local programs and is not applic - - -- -- to the permit. The inspection and maintenance of structural controls and illicit discharge inspections, investigations and enforcement program elements require the City to conduct field inspections for illicit discharges and improper disposal. It also requires the City to collect information on outfalls and on portions of the MS4s and maintain a log of the results of the inspections performed. An additional requirement is to implement an investigation program to identify and stop any source(s) of illicit connections or discharges to the MS4 within it its jurisdiction. 11 AUG - 9 1999 ORIGINAL Project: Municipal Stormwater Management System Improvements Program Page 2 of 3 The Municipal Stormwater Management System Improvements Program identifies several stormwater systems with deteriorated outfalls or connections which repairs are needed. The stormwater systems problems include erosion, sediment accumulation, debris, corrosion and general disrepair of the structures. The Municipal Stormwater Management System Improvement Program is designed to correct these problems-by-going beyond -the sninimum.requirements.of the _._ MS4 permit. Retrofitting of the stormwater systems will result in improvements of the stormwater qualify di EFiarging in the Lake Worth Lagoon. To assist in the implementation of these improvements, the City is seeking funding from the Lake Worth Lagoon Partnership Grant Program. 2. How will your project assist in the attainment of the principal goal of the Lake Worth Lagoon Management Plan i. e. the restoration /improvement of the Lake Worth Lagoon? The Lake Worth Lagoon Management Plan addresses issues in three major areas: water and sediment quality, natural habitats and interagency management of natural resources. The most obvious ways of assisting in the attainment of the principal goal is by improving the water quality. The Municipal Stormwater Management System Improvements are located on Singer Island and along Lake Shore Drive and Avenue C. Retrofitting will he made to 10. 12 and 60 inch pipes, as well as 2 and 3 -sided catch basins. The stormwater systems drain into the Lake Worth Lagoon and carry nutrients, metals and other contaminants into the Lagoon. Many of the stormwater systems in the City are old, corroded -and require routine inspections to determine if obstructions are present or repairs needed. The stormwater systems identified require repairs to remove trash and vegetation, which hinder water flow and quality. Additional concerns include the dimension and elevation of the grates and catch basins near the Lake Worth Lagoon. These stormwater systems need to be dealt with in order to improve water quality. In addition to repairing the stormwater systems, the City is proposing the installation of a , sediment removal or entrapment device, commonly called a baffle box The box is designed to separate out sediments traveling through pipes before the reach the surface waters of waterbodies like the Lake Worth Lagoon. As it is with any improvement program there is associated maintenance costs, the maintenance cost of the baffle boxes will be the sole responsibility of the City of Riviera Beach. - - 3. How-will you measure the success/benefits of y our efforts on fhe Lake Worth Lagoon? The success/benefits will be measured by continuing to closely monitor the program as required by the permit and regulatory agencies. Those agencies include the Florida Department of Environmental Protection, South Florida Water Management District. United States Environmental Protection Agency and the United States Fish 8:. Wildlife Service. The City is required to comply with the conditions and requirements of the MS4 permit. The monitoring program focuses on ambient water quality trends and the monitoring of canals and major watersheds sediment quality. The City intends to expand the monitoring beyond the permit requirements to determine the success/benefits of stormwater improvements as noted above. Pre and post sampling will be taken in areas where the improvements have been made. ORIGINAL Project: Municipal Stormwater Management System Improvements Program Page 3 of 3 Additional Narrative/Drawings that add to the previous questions. Singer Island 1 \ ? Ce.....-m—,... _ 1 ik LI \. Lake .hore Drive (°—' ., , z - Irma iris - - rya -t.i t • cwi r - 1 I U , =-v= , - ,, te..�as H- �i!rt Z j ' ♦ � 4 _ 1 = -- eta" r_111101 110 r " 14 I= ..4.ameestme � Qom; ,. ® --- =](;:0 1 1 wdru i © I �� Ms' W — Il�M! 7 IM MO ® A1 .• I . / , ' � Avenue "C" Certification: 1 certify that to the best of my knowledge, - all of -- - --- - contained in this application are correct and complete. 6 copies to be submitted, including Signature: 1 l ' ,, • 4 1 1 marked original sent to the County Grant Coordinator @ Printed Name: 'William J. Hunter Environmental Resources Management 3323 Belevedere Road, Bldg. 502 Title: City Manager West Palm Beach, FL 33406 Date: August 9, 1999 PROJECT 14 ORIGINAL • Lake Worth Lagoon Partnership Grant Program Project: Renaissance Project Phase 1 - Treatment and Diversion Applicant: City of West Palm Beach Agent/Title: Ken Rearden, Public Utilities Director Address: P.O. Box 3506; West Palm Beach, FL 33402 -3506 Phone: (561) 653 -2683 Estimated Cost of Project $1450,000 Amount of Grant Request $300.000 Is Funding Match Already Available Yes Project Start Date (approx.) November. 1999 Completion Date: September. 2000 *********************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 1. In the space provided, fully describe the scope, methods and location of the proposed partnership Project. 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's potable water supply. It is a model for regional sustainability of water resources while enhancing the environment. The Renaissance Project (Projectyhas been developed with the combined expertise of City staff, local engineering consultants and other governmental agencies, including the United States Environmental Protection Agency (EPA), the Army Corps of Engineers (ACOE), the Florida Department of Environmental Protection (DEP) and the South Florida Water Management District (SFWMD). The Project also embodies the principles of the Governor's Commission for a Sustainable South Florida's Eastward Ho! Initiative to encourage infill development along the East Coast. Once implemented, the Project will: • Reduce damaging freshwater "slugs" and pollutant load impacts to the Lake Worth Lagoon by diverting storm water through a treatment process to a storage cell, • Convert the captured runoff into raw water supply, • Provide increased flood protection to low -lying areas within the inner City of West Palm Beach, and • Fulfill water quality and quantity and dry pretreatment requirements for the upcoming CityPlace development and the Palm Beach County Convention Center. — Phase4-of -the Projee-consists of an- upstream -di versiotrandtreatment facility to redirect-storm water that would - - - otherwise be discharged into the Lagoon. Phase I will implement the facilities necessary to pretreat the first 1/2 inch of runoff through dry retention. Required capital improvements include the installation of a pipeline, CON /SPANs and a 35 foot -weir in the median of Okeechobee Boulevard to convey water east to west. The CON /SPANs will be used to create an underground vault that will be used to store the volume needed for dry pretreatment. Future phases of the Renaissance Project will include facilities to collect and treat all runoff from the watershed and store it within the southern lobe of Clear Lake. SFWMD has issued both a conceptual permit for the entire Renaissance Project and a construction permit for the CON /SPANs. Please Note: This Project was submitted last year and received approval for $100,000 of the requested $300,000. There are two reasons why the Project is being resubmitted. First, the estimated construction cost has jumped front $1.67 million to $2.45 million as a result of meeting requirements of FDOT as well as other design changes. Second, the settling basin location in Clear Lake, which had raised some concerns, has been relocated w an upland area. F:\wpb_\wpb_rdpsthWGrantRenaPhl.doc Project Name: The Renaissance Project Phase 1 — Treatment and Diversion Page 2 of 3 2. How will your Project assist in the attainment of the principal goal of the Lake Worth Lagoon Management Plan i.e., the restoration/improvement of the Lake Worth Lagoon? The Project will ameliorate freshwater "slugs" and pollutant loads to the Lake Worth Lagoon by diverting untreated storm water runoff away from the C -51 drainage basin; this will help restore the Lagoon to a healthy, macrophyte based estuarine ecosystem. By curtailing storm water discharges into the Lagoon, the Project will reduce sedimentation, nutrient loading, toxic substances and pathogens. Additionally, the Project will reduce the peak discharge rate to help limit freshwater "slugs" to the Lagoon, thereby minimizing undesirable salinity fluctuations. Finally, the Project also serves as a model to other municipalities for integrated water management. 3. How will you measure the success/benefits of your efforts on the Lake Worth Lagoon? The City will be able to quantify the pollution reduction to the Lagoon by monitoring the quality and quantity of water diverted through the CON /SPANs and the whole of the Renaissance Project by calculating flow and load reductions and comparing that data to historical discharges into the Lagoon. Water quantity will be recorded and water quality samples will be taken at the discharge location(s) of the Water Management System during periods of discharge. Water quality samples will be taken immediately upstream of the pump station, the settling. basin spillway and the water supply pump. This monitoring plan will be followed for a one -year period, and then re- evaluated to optimize sampling protocol. - - Parameters to be obtained on a daily and weekly basis will be sampled by the certified City laboratory for all listed parameters (with the exception of BOD and Oils and Greases). Parameters to be obtained on a monthly and semi- annual basis (as well as BOD and Oils and Greases) will be sampled and analyzed by a Laboratory certified by Florida DEP and /or HRS. Semi - annual reports shall be prepared, including test results, the DEP/HRS certified lab number, SFWMD permit number, sample location and flow conditions. The following parameters will be sampled on a daily basis, Samples will be analyzed on a monthly basis for the Parameters Analyzed Units parameters listed below, pH (Range> 6.0 & <8 5) Standard Parameters Analyzed Units Dissolved Oxygen me/1 Ammonia as N me/1 Turbidity ntu Nitnte and Nitrate as me/I Total Dissolved Solids (TDS) mg/I Total Kjeldahl Nitrogen me/1 Fecal Coliforms mf/100m1 Total Phosphorus, as P mz/1 Total Coliforms mf /100m1 Aluminum uJi Arsenic, total ue/I _ Tne followtn parameters will be sampled on a weekly Cadmium u /1 -- - - - - -- -- =- - -- - basis, - - Chromium - - - - - - ug/l Parameters Analyzed Units Copper ug/1 Conductivity, Field urnhos /cm Iron ug/1 Water Temperature degrees C Lead ue/1 Alkalinity me/1 Selenium uefl Biochemical Oxygen Demand BOD mg/I Zinc ug/1 Chlondes mg/1 Hardness mg/1 Oil and Grease mg/I Total Suspended Solids (TSS) mg/I Samples will be analyzed on a semi - annual basis (dry and wet screening, minimum two inch rainfall) for Organochloride Pesticides (8081A), Chloridated Herbicides (8151A), Purgeable Halocarbons (601) and Volatile Organic Compounds (602). F \wpb_ \wpb_rdps\LWGrantRenaPh 1.doc Project Name: The Renaissance Project Phase I — Treatment and Diversion Page 3 of 3 4. Additional Narrative/Drawings that add to the previous questions. In addition to reducing the City's discharges into the Lake Worth Lagoon, the Project will also: • Increase the City's water supply by utilizing the captured storm water and recycling captured seepage water, • Augment regional water supply to potentially save more than 700 million gallons of water per year, and • Provide more water for Everglades Restoration by decreasing the demand for water from Lake Okeechobee. N -.i taw v _ Y .' ' -.' > ,.i: . . a • � ^fu. _ 4 rhxr f an...� T _. er II ? i�t - �r � - Ar . fir s.. Lr 1 ' � bM aMFYr:3., 8i ir4� G a 5 1,=,....; . a pi .r 1 ® i LAU Control �` • :14.-:,"..; � rl e M StruCtUre .3 , Ti : � The Renaissance Project © � ; r; : � Phase 1 Treatment and Diversion �.'�.�, ,G Il ('{ T a ,r ®® 72' RCP :, ®t. \ _ RCP f BpW SL DHId• 6itr1+e0r• r r 411101111C ili 46' RCP �t F: -� : 1 �� 1 4, - r 66' RCP r r 1 1 r'''..-71 1---- r ,1 1 ‘,.: __ ________„ _ ___ _. ... _ __. _ _. _ _ _ - Certification: I certify that to the best of my knowledge, all of the statements contained in this application are correct and complete G • 6 copies to be submitted, including Signature: -- `� %.�i2 /✓ 1 marked original sent to the County Grant Coordinator @ Print Name: Ken Rearden Environmental Resources Management 3323 Belevedere Road, Bldg. 502 Title: Public Utilities Director \Vest Palm Beach, FL 33406 �, 9 Date: F \wpb \w•pb_rdps\LWGrantRenaPh 1.doc • PROJECT 15 Lake Worth Lagoon Partnership Grant Program Project: John's Island Restoration Applicant: Palm Beach County Dept. of Environmental Resources Management Richard E. Walesky, Director - - v - - - --- - Agent/Title: -- Address: 3323 Belvedere Road, Bldg. 502, West Palm Beach, FL 33406 Phone: (561) 233 -2400 -_ Estimated Cost of l'roject S 826,000 Amount or C:r :art Request S 206,500 Is Funding !`latch Already A■Itilable Fundit - :. • • a_ - - •• . - Project Strut Date (approximate) November 2000 Completion Date __ February 2001 1. In the space pro%•icled. trill} describe the scope, methods and location nl' the proposed partnership project. John's Island is an approximately 7 acre spoil island located in the Town of Palm Beach southeast of the City of West Palm Beach, Florida. John's Island is just north of the Canal 51 (C -51) discharge at Lake Worth Lagoon and is east of the Atlantic Intracoastal Waterway (ICW). Figure 1 shows the conceptual plan for restoration of John's Island. Features include: restoration of approximately 1.7 acres of existing mangroves, creation of approximately 3.3 acres of red mangroves, and enhancement of approximately 1.4 acres of maritime hammock. As the name implies, John's Island is only accessible by boat. All equipment and materials will be transported by tug and barge. All exotic plant species, as appropriate, on approximately 5 acres will be removed and chipped on site. There will be construction of a tidal channel system with a total length of approximately 0.25 mile that will include excavation, grading to wetland elevation, and removal of approximately 17,000 yds of spoil material. Approximately 500 tons of 1 -3 foot diameter boulder rip -rap will be used to stabilize the the entrance to the tidal channels. Planting will consist of: approximately 13,800 red mangrove seedlings (Rhizophora mangle), approximately 11,400 plugs of smooth cordgrass (Spartina alterniflora), and approximately 500 maritime hammock trees and shrubs. Planting will be accomplished with; the red mangroves being placed 3 feet on center. the maritime hammock plants placed 7 feet on center, and the smooth cordgrass placed 2 feet on center around the wetland perimeter and the tidal channels. _ -_ _._ __ -_ . -_ • project N John' Island Restoration Page 2 of3 2. How will your project assist in the attainment of the principal goal of the I ..akc North Lagoon Management Phi o. i.e., the i•estor:ition intprnsenient of the take Worth Lagoon. Originally, a substantial portion of the area's that John's Island now occupy Were submerged shallow -water habitat. However, as a result of material. - placement from - numerous dredging- activities, -lost of -the island has become an impacted upland dominated by exotic species such as; seaside mahoe (Thespesia populnea), Austrailian pine (Casuarina spp.), and Brazilian pepper (Schinus terebinthifolius). The proposed project modification will restore degraded ecosystem components to a more natural ecosystem with attendant natural integrity, productivity, stability, and biological diversity. By connecting John's Island's mangrove areas to the Lake Worth Lagoon, tidal water would again be carried throughout the mangrove system, thus optimizing the productivity of this wetland. Mangroves offer significant benefits to fish, crustacea, and bird populations through a complex marine food chain, creation of breeding habitat, and establishment of restrictive areas that offer protection for maturing offspring. In addition, mangroves contribute to improved water quality by filtering and assimilating pollutants, stabilizing bottom sediments, and protecting shorelines from erosion. Because of intense development within this area of south Florida, upland maritime hammocks that are vital to the breeding and wintering of many species of migratory birds have been practically eliminated. Restoring native habitat through creation of the maritime hammock on John's Island will provide food and cover for migratory birds and other wildlife, as well as contribute to the biological diversity supported by the lagoon and its associated habitats. 3. How will \ tin Measure the success /benelts of your effort. on the 1.ake Worth 1 :ttoon. Elimination of the exotic species on the Island will reduce the probability of colonization by exotic species in adjacent areas by eliminating seed sources. Successful establishment o f native and wetland habitats through survival of the native and wetland plant species will contribute to a more productive biological system, and reduce the ability of exotic species to colonize. Periodic maintenance of the Island should • eradicate exotic plant species in perpetuity. The success of the project will be evaluated using a biological monitoring program. The monitoring program would include vegetative sampling to determine plant survivorship, fish sampling with a seine net in the tidal channel system, and performing wildlife surveys to document site utilization by wildlife species. 1'1'Ojecc Name: John' Island Restoration ' Page 3 of 3 - 4. Additional Narrative /Drawings that atld to the previous questions. ; rm _ _ _._ -1, i v. , A • 1 11 I r _\ .. , /!;s ;,, / \ .44■ .:::. ; I kiNty ,. \ I I • i 1 : I I r1 1::::.:.:.: :f 1 :.'r : i I. 1 `A• ••'• L \ ,11GL 0 . A 1 :.' 3:.: • ,•.' LOGE Or TOCC OKIMANC 1; • � / rn f [. � EYtSTiNG UANCROV£ RESTORAT DI. Ff „d S , ” "I APPROX- 1i ACRES .., :zi, ..,.., 0 4., , , 0 :0,....,A..:, , , ■ I , /� '� RED uAACRO E REATICN I ^'�� .� �d APPROX. 3.3 AG i <, . • 1 , MARITIME HAMMOCK RESTORATION I I I MIC SCALE ' -tr a sem _ -__ - Fug r • _. - - - - - - J•o-11.'S ISLAND Fi$'GA AU:AI- _ - _ _ _ -. _. -- - - - _ - -- -- Cc.cleT -µ P,. 11 Ofll Certification: l certify that to the best of my I:no.•ledge, all of the statements contained in this application are correct and complete. 6 copies to the submitted and Signature: 1 original (marked) sent to the County Grant Coordinator Print Name: Richard E. Walesky Environmental Resources Management Director • 3323 Belvedere Road, Bldg. 502 Title: Rest Palm Beach, FL 33406-154S C / ! Date: O f J ( J 7 PROJECT 16 Lake Worth Lagoon Partnership Grant Program Project: Lake Worth Golf Course Restoration Applicant: Palm Beach County Department of Environmental Resources Management_ Agenta tle: Richard E. Waleskv. Direrrnr Address: - 3323 Belvedere Road, Bldg. 502, West Palm Beach. FL 33406 • Phone: (561) 233 -2400 Estimated Cost of Project S 8.7 million :Amount of Grant Request S 437,500 Is Funding Match Already Available Funding Anticipated June 2000 Project Start Date (approdint:ttc) Nov. 2000 Completion Date Feb. 2002 1. In the space provided, fully describe the scope, methods and location of the proposed partnership project. The Lake Worth Golf Course (LWGC) has approximately 1.2 linear miles of shoreline along the western shore of the Intracoastal Waterway (ICW) in the City of Lake Worth. In addition to filling of submerged resources by spoil placement from ICW dredging, additional dredging along the shoreline has created a steep littoral profile. Instead of a gradual slope from the shore to deeper water as naturally occurs, dredging has created a steep drop from 0 to -7 feet N.G.V.D. minimizing the area for development of inter -tidal and shallow sub -tidal resources. Approximately 60% of the shoreline is fringed with all three species of mangroves (red, black, and white) mixed with the exotics Australian pine and Brazilian pepper. Figure 1 shows the conceptual restoration plan for the LWGC. Features include: restoration of approximately 1.7 acres of existing mangrove fringe, creation of approximately 23.0 acres of red mangrove wetland, 1.3 acres of oyster reef, 40.3 acres of seagrass recruitment area and 0.8 acres of_tidal channel. All exotic plant species, as appropriate, on approximately 5 acres will There be inter- and__ __ sub -tidal placement of approximately 950,000 yds grading to wetland elevations, and placement of approximately 1$,000 tons of 1 -3 foot diameter boulder rip -rap. Planting of: approximately 118,400 red mangroves (Rhizophora mangle), and approximately 16,000 plugs of smooth cordgrass (Spartina alterniflora). Planting will be accomplished with; the red mangroves being placed 3 feet on center, and the smooth cordgrass placed 2 feet on center around the wetland perimeter. • Project Name: Lake Worth Golf Course Restoration Page 2 of 3 2. How wi11 your project ascist_ia the attainment of the principal goal of the Lake \Vortlt Lagoon Management Plan. i.e., the restoration/improvement of the Lake Worth Lagoon. Restoration of the LWGC will help reverse the historic trend of wetland habitat Toss in the Lake Worth Lagoon. The proposed project modification will restore degraded ecosystem components to a more natural ecosystem with attendant natural integrity, productivity, stability, and biological diversity. The planting of red mangroves and smooth cordgrass will help to reestablish wildlife habitat and partially offset the effects of shoreline bulkheading that has occurred in Lake Worth Lagoon over the years. Creation of seagrass recruitment areas and oyster reefs will restore a more natural littoral profile, and substantially increase the area within which seagrasses are likely to colonize. Seagrasses and oysters recruiting to these areas will contribute to increased water quality through filtering, nutrient uptake, and sediment stabilization, as well as provide forage and shelter to fish and wildlife. It will also complement the restoration activities recently completed on Munyon Island and those planned for Peanut Island, both of which are also located in the Lake Worth Lagoon. 3. Ho►v �►•ilI ) ou measure the success /benefits of your efforts on the Lake Worth Lagoon. • Elimination of the exotic species will reduce the probability of colonization by exotic species in adjacent areas by eliminating seed sources. Successful establishment o f native and wetland habitats through survival of the native and wetland plant species will contribute to a more productive biological system, and reduce the ability of exotic species to colonize. Seagrasses and oysters recruiting to_the project area will resj.,lt.in an increase in the amount of inter- and sub -tidal resources in the Lake Worth Lagoon. The success of he ptojecLwill he_evalt,ate1 t,sirag_ _ _. _ biological monitoring program. The monitoring program would include vegetative sampling to determine plant survivorship, monitoring of resource recruitment (seagrass and oyster reefs), fish sampling with a seine net in the tidal channel system, and performing wildlife surveys to document site utilization by wildlife species. t•roject IN ante: Lake Worth Golf Course Restoration Page 3 of 3 4. Additional Narrative/Drawings that add to the previous questions. • ' SWIM 'A' - % 1 ' / i y ,� 110AL RCM• , / . N x.< CR.MRCR •. I I 1 N N k I I � 1-3' CI SOU E I RV RAP (O ST) R (OYSTER RE IM -�� -. � I I I ` LAKE 'ORM \ i ` ill GOLF COURSE a, • n SHORELINE `I i j roc o CAL EXTENTS I -' .1'I _ -- - • -- // i I II 1 T1 ) , I i i � I , 9 SCACRASS RCCR,RNEA1 .RCA (AO 3 ..TES) • 5 / � I .. I I E�� % ,.j�3 RA' O%0 RL.H7 IC .RCA (23.0 ACA(S) i i/ � onrtR MI AREA ((. •02(23) I / /.J) I I Nk - - - - %''/ 1 G A=H!C :CALL - IT...I„ 'x• MUM! , LAAE WORT4 GC.F COURSE RESTORATICI. Co :CPTUAL PLAIT NEW Certification: I certify that to the best of my knowledge, all of the statements contained in this application are correct and complete. 6 copies to the submitted and Signature: (N 1 original (marked) sent to the County Grant Coordinator ® Print N ame: Richard E. Walesky Environmental Resources Management 3323 Belvedere Road, Bldg. 502 Title: Director West Palm Beach, FL 33406 -1545 q// i /? • Date: (/ PROJECT 17 Administrative Functions: Administrative functions provided by the County staff for Lake Worth Lagoon Restoration and Enhancement Projects (DEP Agreement No. SP505) include the following: 1. Preparation and administration of subgrants associated with individual projects. 2. Site inspections to track compliance with the terms of subgrantee contracts. 3. Review of subgrantee invoices, progress reports and site inspection reports, consistent with individual contracts and Scope of Services. 4. Preparation of reports submitted to the Department on project status and funding. 5. 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. SP505, Attachment A -1, Page 25 of 25 ATTACHMENT C (REVISED) Special Audit Requirements The administration of funds awarded by the Department of Environmental Protection 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 in 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. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non - profit organization as defined in OMB Circular A -133, as revised. 1. In the event that the recipient expends $300,000 or more in Federal awards in its fiscal year, the recipient must have an audit conducted in accordance with the provisions of OMB Circular A -133, as revised. EXHIBIT 1 to this Attachment 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. The recipient is responsible for the procurement of an independent auditor to conduct the audit required by this part. The recipient is required to follow the auditor procurement standards specified in Section .305, OMB Circular A -133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A -133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities, financial statements, audit findings follow - up, and report submission as provided in Sections .300, .310, .315, and .320 of OMB Circular A -133, as revised. This includes, but is not limited to, preparation of financial statements, a schedule of expenditures of Federal awards, a summary schedule of prior audit findings, and a corrective action plan. DEP Agreement No. SP505, Attachment C (Revised), Page 1 of 10 3. If not otherwise disclosed as required by Section .310 (b)(2) of OMB Circular A -133, as revised, the schedule of expenditures of Federal awards shall identify expenditures by contract number for each contract with the Department of Environmental Protection in effect during the audit period. 4. 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 required. In the event that the 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 and non -State funds (i.e., the cost of such an audit must be paid from recipient funds obtained from other than Federal/State entities). PART II: STATE GRANTS AND AIDS 1. This part is applicable if the recipient is a local government or a non - profit or for profit organization as defined in Chapter 10.600, Rules of the Auditor General. 2. In the event that the recipient receives more than $25,000 in State grants and aids in its fiscal year, the recipient must have a limited scope audit conducted in accordance with Section 216.349, Florida Statutes, and Chapter 10.600, Rules of the Auditor General. EXHIBIT 1 to this Attachment indicates State grants and aids amounts awarded through the Department of Environmental Protection by this agreement. In determining the grants and aids received in its fiscal year, the recipient shall consider aggregate grants and aids received directly from State agencies, including grants and aids funds received from the Department of Environmental Protection. The audit report must include an auditor's examination attestation report, management assertion report (alternatively, management's assertion may be included in the management representation letter), and a schedule of State financial assistance. EXHIBITS 2, 3, and 4 to this Attachment provide examples of these reports/schedule. The auditor's examination attestation report must indicate whether management's assertion as to compliance with the following requirements is fairly stated, in all material respects: • activities allowed or unallowed • allowable costs/cost principles • matching (if applicable) • reporting 3. In the event that the recipient receives State grants and aids totaling $25,000 or less in its fiscal year, the head of the recipient entity or organization must provide a written attestation, under penalty of perjury, that the recipient has complied with the allowable cost provisions (or other applicable provisions) of the State grants and aids contract. EXHIBIT 5 to this Attachment provides an example attestation document that should be used by the agency head to attest to compliance with grants and aids provisions. DEP Agreement No. SP505, Attachment C (Revised), Page 2 of 10 PART III: OTHER AUDIT REQUIREMENTS (This part is reserved to speck any additional audit requirements imposed, if applicable, 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 W: REPORT SUBMISSION 1. Copies of audit reports for audits conducted in accordance with OMB Circular A -133, as revised, and required by PART I of this Attachment shall be submitted, when required by Section .320 (d), OMB Circular A -133, as revised, or when required by number 2 below, by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at each of the following addresses: John Moulton Florida Department of Environmental Protection Southeast District Office Post Office Box 15425 West Palm Beach, Florida 33416 -5425 Audit Director Florida Department of Environmental Protection Office of Inspector General 2600 Blair Stone Road, MS40 Tallahassee, Florida 32399 -2400 B. The Federal Audit Clearinghouse designated in OMB Circular A -133, as revised (the number of copies required by Sections .320 (d)(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 Jeffersonville, IN 47132 C. Other Federal agencies and pass- through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. D. The State of Florida Auditor General at the following address: Audit Manager Office of the Auditor General P.O. Box 1735 Tallahassee, Florida 32302 -1735 DEP Agreement No. SP505, Attachment C (Revised), Page 3 of 10 • 2. Pursuant to Section .320 (f), 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 each of the following: John Moulton Florida Department of Environmental Protection Southeast District Office Post Office Box 15425 West Palm Beach, Florida 33416 -5425 Audit Director Florida Department of Environmental Protection Office of Inspector General 2600 Blair Stone Road, MS40 Tallahassee, Florida 32399 -2400 Audit Manager Office of the Auditor General P.O. Box 1735 Tallahassee, Florida 32302 -1735 3. Copies of reports required by PART II of this Attachment, and management letters prepared in conducting audits related to State grants and aids audits required by PART II of this Attachment, shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at each of the following addresses: John Moulton Florida Department of Environmental Protection Southeast District Office Post Office Box 15425 West Palm Beach, Florida 33416 -5425 Audit Director Florida Department of Environmental Protection Office of Inspector General 2600 Blair Stone Road, MS40 Tallahassee, Florida 32399 -2400 B. The Office of the Auditor General at the following address: Audit Manager Office of the Auditor General P.O. Box 1735 Tallahassee, Florida 32302 -1735 DEP Agreement No. SP505, Attachment C (Revised), Page 4 of 10 4. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directly to: A. The Department of Environmental Protection at each of the following addresses: John Moulton Florida Department of Environmental Protection Southeast District Office Post Office Box 15425 West Palm Beach, Florida 33416 -5425 Audit Director Florida Department of Environmental Protection Office of Inspector General 2600 Blair Stone Road, MS40 Tallahassee, Florida 32399 -2400 5. Any reports, management letters, attestations, or other information required to be submitted to the Department of Environmental Protection pursuant to this agreement shall be submitted within 180 days of the recipient's fiscal year end (or as otherwise allowed by Florida Statutes) or within 30 days of the recipient's receipt of the audit report, whichever occurs first. Other submissions should be timely in accordance with OMB Circular A -133 and/or Florida Statutes, as applicable. 6. Recipients, when submitting audit reports to the Department of Environmental Protection for audits done in accordance with OMB Circular A -133, should indicate the date that the recipient received the audit report in correspondence accompanying the audit report. PART V: RECORD RETENTION The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, upon request for a period of 3 years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. DEP Agreement No. SP505, Attachment C (Revised), Page 5 of 10 EXHIBIT —1 FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING (required by Section .400 (d)(1), OMB Circular A -133, as revised): State Grants & Aids Federal Appropriation Program CFDA Category, if Number Federal A _enc Number CFDA Title Fundin_ Amount a • •licable. • Catalog of State Grants & State Program State Aids Number Financial CSFA Title Appropriation (Other State Assistance or Category, if Funding) FundinaSource Fiscal Year Number Funding Source Description Funding Amount applicable. Original Line Item 1299A 1998 -1999 37026 Surface Water Improvement Projects $1,000,000.00 140008 Contract from Ecosystem Management Trust Fund Amendment Line Item 1185 1999 -2000 37026 Surface Water Improvement Projects S1,500,000.00 140008 No. 1 from Ecosystem Management Trust Fund Total Award $2,500 000.00F COMPLIANCE REQUIREMENTS APPLICABLE TO THE FUNDS AWARDED TO THIS AGREEMENT ARE AS FOLLOWS (required by Section 400 (d)(2), OMB Circular A -133, as revised): For each program identified above, the recipient shall comply with the program requirements described in the Federal Catalog of Domestic Assistance (CFDA) and/or the Florida Catalog of State Financial Assistance (CFSA). The services/purposes for which the funds are to be used are included in the Contract scope of serviceshvork. Any match required by the recipient is clearly indicated in the Contract. If the State program funds represent matching funds provided by the Department of Environmental Protection for certain Federal programs, then the requirements may mirror the requirements for the applicable Federal programs. Also, to the extent that different requirements pertain to different amounts of the non - Federal funds, there may be more than one grouping (i.e., 1, 2, 3, etc.) listed under this category. NOTE: The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at )tttp: / /aspe.os.dhhs.gov /cfda. For information regarding the Florida Catalog of State Financial Assistance (CFSA), a recipient should access the website for the Governor's Office of Planning and Budget located at http: //www,eoa. state .fl.us /eoa/overview /indexopb.htm for assistance. DEP Agreement No. SP505, Attachment C (Revised), Page 6 of 10 EXHIBIT — 2 INDEPENDENT AUDITOR'S REPORT ON EXAMINATION OF MANAGEMENT'S ASSERTION ABOUT COMPLIANCE WITH SPECIFIED REQUIREMENTS (SAS Codification Section AT 500.55) [Date] Dear [Name]: We have examined management's assertion' about [name of entity]'s compliance with the allowable cost requirements [or other applicable requirements] established in the grant agreement(s) applicable to the State grants and aids appropriations identified on Schedule of State Financial Assistance for the year ended [indicate the applicable fiscal year] included in the accompanying [title of management report]. Management is responsible for [name of entity]'s compliance with those requirements. Our responsibility is to express an opinion on management's assertion about the [name of entity]'s compliance based on our examination. Our examination was made in accordance with attestation standards established by the American Institute of Certified Public Accountants and, accordingly, included examining, on a test basis, evidence about [name of entity]'s compliance with those requirements and performing such other procedures as we considered necessary in the circumstances. We believe that our examination provides a reasonable basis for our opinion. Our examination does not provide a legal determination on [name of entity]'s compliance with specified requirements. In our opinion, management's assertion [identifr management's assertion — for example, that complied with the aforementioned requirements during the fiscal year ended ] is fairly stated, in all material respects.' 4 Sincerely, Notes: 1. If the entity does not present its assertion in a separate report accompanying the practitioner's report, refer to SAS Codification Sections AT 500.56 and .57. 2. The practitioner should identify the management assertion report examined by reference to the report title used by management in its report. Further, he or she should use the same description of the compliance requirements as management uses in its report. 3. The specific compliance requirements, and related criteria (if applicable), will be specified and/or referred to in the grant agreement. As such, it should not be necessary to repeat the compliance requirements, and related criteria (if applicable) in the practitioner's report. 4. Instances of noncompliance should be reported in the manner prescribed in SAS Codification Sections AT 500.61 through .68. DEP Agreement No. SP505, Attachment C (Revised), Page 7 of 10 EXIT — 3 MANAGEMENT ASSERTION REPORT I, , hereby assert that, (head of recipient entity) (recipient entity name) complied with allowable cost requirements [or other applicable requirements] of the grants and aids appropriations identified on the attached Schedule of State Financial Assistance during the fiscal year ended (month, day, year) (signature) (title) (date) If this assertion report is used, one copy shall be submitted after the recipient's fiscal year end to each of the parties designated in the contracts/grants for the identified grants and aids appropriations. This statement does not need to be notarized. DEP Agreement No. SP505, Attachment C (Revised), Page 8 of 10 EXHIBIT — 4 Sample Organization Schedule of State Financial Assistance For the year ended 9/30/97 State Federal Federal State Agency Contract/ CFDA Through And Grant Number State State Total Program Title Number Note A Receipts Receipts Receipts Department of Health Head Start GHSO1 93.600 50,000 (1) 50,000 (1) 100,000 Women, AB101 93.245 100,000 (1) 150,000 250,000 Infant & Children Department of Elder Affairs Community GC501 Not 200,000 (1) 0 200,000 Care for the Applicable Elderly Community GC601 93.003 0 150,000 (1) 150,000 Care for the Elderly Elder Care GC777 93.666 60,000 60,000 120,000 Total 410,000 410,000 (2) 820,000 (1) State Grants and Aids Appropriations moneys. The grand total of State Grants and Aids Appropriations moneys is $550,000. (2) $390,000 of this amount is included in the expenditures presented in the Schedule of Expenditures of Federal Awards. The remaining $20,000 was received under contract number GC601 but was not expended. NOTE A: Federal CFDA numbers apply only to Federal programs. CAUTION: The purpose of this schedule is format illustration only. The contract or grant numbers, CFDA numbers and program titles are not intended to represent actual data. DEP Agreement No. SP505, Attachment C (Revised), Page 9 of 10 EXHIBIT — 5 MANAGEMENT ATTESTATION STATEMENT CONTRACT /GRANT NUMBER(S) I, , hereby attest, under penalties of perjury, that, (head of recipient entity) complied with allowable cost requirements [or (recipient entity name) other applicable requirements] of the grants and aids appropriations contracts/grants identified above during the fiscal year ended (month, day, year) (signature) (title) (date) One copy of this attestation statement shall be submitted after the recipient's fiscal year end to each of the parties designated in the contracts/grants for the identified grants and aids appropriations. This statement does not need to be notarized. DEP Agreement No. SP505, Attachment C (Revised), Page 10 of 10 CET� •r✓ ' ATE OF COVERAGE � icy' Certificate Holder Administrator Issue Date 12/2/99 NT PAL( 3EACH COUNTY DEPARTMENT OF D _ ` ,, . Florida League of Cities, Inc. ENVIRONMENTAL RESOURCES MANAGEMENT .,_ ' , .r r: Public Risk Services : BELVEDERE ROAD, BLDG.502 , " " "•• - "*.b. Box 530065 >ry r.A,• . Oklando, Florida 32853 -0065 WEST PALM BEACH, FL 33406- 1548'"'lt01x, C ; ( • 1 y1..� -� !7 Ofn T1 --- s7 COVERAGES THIS IS TO CERTIFY THAT THE AGREEMEN I BELOW HAS BEEN ISSUED TD 111E UESIGNA1 tU MEMBER FUR FME CUVER..GE PERIOD ■NDICATLD NOTWITHSTAND.NG AN i 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 55 COVERAGE PERIOD: FROM 10/1/99 COVERAGE PERIOD: TO 9/30/00 12:00 Midnight Standard Time TYPE OF COVERAGE - LIABILITY TYPE OF COVERAGE - PROPERTY General Liability ❑ Buildings ❑ Miscellaneous Comprehensive General Liability, Bodily Injury, Property Damage and ❑Basic Form ❑Inland Marine ® P Y. V 1 Y. P Y 9 Person& Injury ❑ Special Form ❑ Electronic Data Processing ® Errors and Omissions Liability ❑ Personal Property ❑ Bond ® Supplemental Employment Practice ❑ Basic Form ❑ ® Employee Benefits Program Administration Liability ❑ Special Form ® Medical Attendants' /Medical Directors' Malpractice Liability ❑ Agreed Amount ® Broad Form Property Damage ❑ Deductible N/A ® Law Enforcement Liability ❑ Coinsurance N/A ® Underground, Explosion & Collapse Hazard ❑ Blanket ❑ Specific Limits of Liability ❑ Replacement Cost Combined Single L.: : ❑ Actual Cash Value Deductible N/A Automobile Liability Limits of Liability on File with Administrator ❑ All owned Autos (Private Passenger) TYPE OF COVERAGE - WORKERS' COMPENSATION ❑ All owned Autos (Other than Private PaRseuget) 3 I _ 1 �' (" -.' f l \V "" ❑ Statutory Workers' Compensation ❑ Hired Autos I -\ I — J LS U E ❑ Non -Owned Autos ) ' ❑ Employers Liability $1,000,000 Each Accident I $1,000,000 ;' ` $1, By Disease II r} ,; { I" } $1,000,000 Aggregate By Disease Limits of Liability i I I 1' ( I • Combined Single Limit � �J L , l ___ 0 Deductible N/A I i Deductible N/A LENVIRONMENTAL RESOURCE MGMT_ ❑ Automobile /Equipment - Deductible ❑ Physical Damage N/A - Comprehensive - Auto N/A - Collision - Auto N/A - Miscellaneous Equipment Other * The limit of liability is $5,000,000 (combined single Iimmt►b.\ iatGr tos damage each occurrence in excess of a self - insured rgaritton of $ 100,000. This limit is solely for any liability result i 9 r�teptiy irA bill 17 ki It p'i4�tip 7684(011. t ifidak{atiai6 G IRt hi imposed pursuant to Federal Law or actions outsid T�.tatt4 of Florida! l DOROTf;v t� l ".;ILKEN �n -p�`; t;f0 CIp ;1f ±ne ir • i i FiF • • Rnard of County o?"111.::• s,chers :eiiity thil io be a Description of Operations /Locations /Vehicles /Special I • r 4 (�Osft�TY C`-, , , I fU@ - , I , - rf6' (=� pv ol!1 orlgi^ai Tiled In my u11 ;ce. a • i�_ t.t.f"'y i j l o�DO� gy p. • r 011 _ D� Re: Downtown Stormwater Improvement Project oq Gran . IY + OAT D at West Palm Beach, 1. on �. Palm Beach County is hereby added as an additional inset s♦respects the 'itliabt910' •lZ! dole INl6cidish= ` rk • _ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AN NO BIGHTS UPt� CERTII4 • .. NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE AGREEMENT ABOVE • 7� • DESIGNATED MEMBER CANCELLATIONS SHOULD ANY PART OF THE ABOVE DESCRIBED AGREEMENT BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED ABOVE, BUT FAILURE TO MAIL. SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE RISK MANAGEMENT PROGRAM ITS AGENTS OR REPRESENTATIVES CITY OF BOYNTON BEACH 100 EAST BOYNTON BEACH BLVD BOYNTON BEACH, FL 33425 — -. . I I AUTHORIZED REPRESENTATIVE FMIT -CERT (10 /961 !!!