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R04-0971 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O RESOLUTION NO. R04 -Oq"7 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A COOPERATWE FUNDING AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND SOUTH FLORIDA WATER MANAGEMENT DISTRICT, PROVIDING FOR A $50,000.00 GRANT FOR THE NORTH FEDERAL HIGHWAY WEST SIDE AND PARK IRRIGATION CONSERVATION PROJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach has been awarded a $50,000 grant from the South Florida Water Management District Savings Incentive Program; and WHEREAS, the City will be installing the drip irrigation system from the C-16 canal Io Intracoastal Park and Boat Club Park having an anticipated project cost of $125,180.00; ~nd WHERAS, with the award of this grant, the South Florida Water Management District has agreed to reimburse the City for construction costs in an amount not to exceed 550,000. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF TItE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as ~eing true and correct and are hereby made a specific part of this Resolution upon adoption ~ereof. Section 2. The City Commission of the City of Boynton Beach hereby authorizes ~nd directs the City Manager to execute a Cooperative Funding Agreement between the City )fBoynton Beach and the South Florida Water Management District in connection with the Xlorth Federal Highway Westside and Park Irrigation Conservation Project; a copy of which 3a/reso/agreements/grants/South Florida Water Management Grant 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 .g,is attached hereto as Exhibit "A". Section 2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this [ day of June, 2004. ;T: CITY OF BOYNTON BEACH, FLORIDA Clerk ;a/reso/agreements/grants/South Florida Water Management Grant SOUTH FLORIDA WATER h/IANAGEMENT DISTRICT ~)~-- d~?'7 3301 Gun Club Road, West Palm Beach, Florida 33406 · (561) 686-8800 o FL WATS 1-800-432-2045 ° TDD (561) 697-2574 Mailing Address: P.O. Box 24680, West Palm Beach, FL 33416-4680 · wwv,:sfwmd.gov ADM 28-06 May 18, 2004 Mr. Louis Le-Venton City of Boynton Beach Utilities Department 124 E Woolbright Road Boynton Beach, FL 33435 Subject: Contract No. DG040192 Drip Irrigation System in Two Parks / E;CEIVED Dear Mr. Le-Venton: Enclosed are two (2) copies of the subject contract. Please have them signed and dated by an individual with signature authority on behalf of your organization. Return both copies to my attention. A fully signed contract will be returned to you upon execution by the District. Kindly retum the executed documents within ten (10) business days of receipt. Please include documentation to demonstrate official delegation of signature anthoriB, on behalf of your firm up to the contract monetary limits. Note that this contract is not binding on the parties until it is approved by the appropriate level of authority, within the District and executed by both parties. Your cooperation and timely response will be greatly appreciated. Should there be any questions, please contact me at (561) 682-2536. Sincerely, Penelope Burger Associate Contract Specialist Procurement Department /kr Enclosure C~ w/attachment Jane Bucca, 4350 GOVERNING BOARD EXECUTIVE OFFICE Nicolfis J. Guti~rrez, Jr., Esq., Cl'u~ir Pamela Brooks-Thomas, Vice-Chair Irela M. Bagu~ Michael Collins Hugh M. English Lennart E. Lindahl, P.E. Kevin McCarty Harkley R. Thornton Trudi K. Williams, P.E. Hem-y Dean, Executive Director ORIGINAL 2003-2004 SOUTH FLORIDA WATER MANAGEMENT DISTRICT WATER SAVINGS INCENTIVE PROGRAM COOPERATIVE FUNDING AGREEMENT Recipient: City of Boynton Beach Recipient's Project Manager: Louis Le-Venton, Conservation Coordinator Address: 124 East Woolbright Road Boynton Beach, Florida 33435 Telephone No: (561) 742-6426 Fax No: (561) 742-6299 Contract Number: DG040192 Governing Board Approval Date: March 11, 2004 District Funding Amount: $ 50,000.00 SFWMD Project Manager: Jane Bucca Address: 3301 Gun Club Road West Palm Beach, F1 33406 Telephone No: (561) 682-6791 Fax No: (561) 681-6264 Insurance: Not Applicable Federal Employer Identification Number: 56-6000282 Project Title: North Federal Highway West Side and Park Irrigation Conservation. Description: C-16 canal to north city limit on west side of Federal Hwy. and Intracoastal and Boat Club Parks. Agreement No. DG040192 Page 1 of 10 This Agreement is entered into between "the Parties", the South Florida Water Management District (SFWMD), the "District", and the undersigned Applicant, hereinafter referred to as the "Recipient." The Recipient warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms and conditions of this Agreement, and shall abide by all legal, financial, and reporting requirements, such as matching funds and final reports for all funding received by the Recipient from the District. ARTICLE I - PROJECT 1.1 The Recipient shall, to the satisfaction of the District, fully and timely install and perform all work items described in the "Statement of Work," attached hereto as Exhibit "C", and made a part of this Agreement. 1.2 As part of the services to be provided by the Recipient under this Agreement, the Recipient shall substantiate, in whatever form reasonably requested by the District, any supporting documentation utilized as a basis for payment by the District. This paragraph shall survive the expiration or termination of this Agreement. 1.3 The Recipient shall submit to the District, proof of Florida Department of Environmental Protection and SFWMD permit applications as part of the documentation package (Refer to Article 8.5). ARTICLE 2 - TERM OF THE AGREEMENT 2.1 The period of performance of this Agreement shall commence upon the last date of execution of this Agreement and shall continue for a period of one (1) year. ARTICLE 3 - COMPENSATION/CONSIDERATION 3.1 As consideration for providing the goods and services required by this Agreement, the District shall pay the Recipient the funding amount as specified on front page. Such amount is a not to exceed amount and therefore, no additional consideration shall be authorized. Recipient must provide at least fifty (50) percent of the total project cost, with the exception of designated REDI communities. Agreement No. DG040192 Page 2 of 10 3.2 The Recipient assumes sole responsibility for all work, which is performed pursuant to Exhibit "C". By providing funding hereunder, the District does not make any warranty, guaranty, or any representation whatsoever regarding any of the work performed hereunder, including but not limited to the adequacy or sufficiency of all or any part of work described in Exhibit "C". 3.3 The Recipient hereby agrees that it shall not use District funding for any work associated with the design and permitting aspects of the Project. District funds shall only be used for non-capital costs for the purchase and installation activities described in Exhibit "C". ARTICLE 4 - FUNDING PAYMENTS AND REPORTING 4.1 The District shall make payment to the Recipient upon completion and acceptance of the final deliverable as described in Exhibit "C". The Recipient shall provide certification that all installation has been completed in accordance with Exhibit "C" of this Agreement. 4.2 The Recipient's invoice shall reference the District's Contract Number and shall be sent to the Project Manager at the address stated on the first page of this Agreement. The Recipient shall not submit an invoice to any other address at the District. 4.3 The District shall have the right to inspect all work and review final reports before authorization of payment is made to the Recipient. It is the policy of the District that payment for all goods and services shall be made in a timely manner and that interest payments are made on late payments. In accordance with Florida Statutes, Section 218.70, Florida Prompt Payment Act, a "proper" invoice is defined as an invoice that conforms to all statutory requirements and all District requirements as set forth in the Agreement for invoice submission. The time at which payment shall be due from the District shall be forty-five (45) days from receipt of a proper invoice and acceptance of services and/or deliverables, based on compliance with the statutory requirements set forth in Section 218.70, F.S. and upon satisfaction of the District conditions as detailed in the Agreement. Failure of the Recipient to follow the instructions set forth in the Agreement regarding a proper invoice and acceptable services and/or deliverables may result in an unavoidable delay in payment by the District. All payments due from the District for a proper invoice and acceptable services and/or deliverables and not made within the time specified in this section shall bear interest from thirty (30) days after the due date at the rate of one percent (1%) per month on the unpaid balance. The Recipient shall invoice the District for payment of any accrued unpaid interest. Agreement No. DG040192 Page 3 of 10 4.4 Any disputes regarding invoice payments which cannot be resolved by the appropriate department of the District shall be concluded by final written decision of the District Leadership Team not later than sixty (60) days after the date on which the proper invoice was received by the District. Upon award of the Agreement, the Recipient shall provide to the District a detailed schedule of the Project. The Recipient shall provide three (3) copies of progress reports every six months to the District, which shall describe the extent of Project completion. Upon request by the District, the Recipient shall provide as supporting documentation, all work products associated with the completion of the tasks designated in the Work Breakdown Structure Exhibit "C', and Schedule of Tasks and Deliverables Exhibit "D", attached to this Agreement. 5.1 5.2 ARTICLE 5 - PROJECT MANAGEMENT The Parties shall direct all matters arising in connection with the performance of this Agreement, other than invoices and notices, to the attention of the Project Managers. The Project Managers shall be responsible for overall coordination and oversight relating to the performance of this Agreement. All notices, demands, or Other communications to the Recipient under this Agreement shall be in writing and shall be deemed received if sent by certified mail, return receipt requested, to the address stated. All notices to the District under this Agreement shall be in writing and sent by certified mail to: South Florida Water Management District Attn: (District Project Manager's name as stated on the first page of the Agreement) (Address as stated on the first page of the Agreement) 5.3 5.4 All notices required by this Agreement shall be considered delivered upon receipt. Should either Party change its address, written notice of such new address shall promptly be sent to the other Party. All correspondence to the District under this Agreement shall reference the District's Contract Number. Agreement No. DG040192 Page 4 of I0 ARTICLE 6 - TERMINATION / REMEDIES 6.1 It is the policy of the District to encourage good business practices by requiring recipients to materially perform in accordance with the terms and conditions of the Agreement. In accordance with District Rule 40E-7, Part II, F.A.C., "material breach" is defined as any substantial, unexcused non-performance by failing to perform an act that is an important part of the transaction or performing an act inconsistent with the terms and conditions of the Agreement. If the Recipient materially fails to fulfill its obligations under this Agreement, the District will provide written notice of the deficiency by forwarding a Cure Notice citing the specific nature of the material breach. The Recipient shall have thirty (30) days to cure the breach. If the Recipient fails to cure the breach within the thirty (30) day period, the District shall issue a Termination for Default Notice. Once the District has notified the Recipient that it has materially breached its contract with the District, by sending a Termination for Default Notice, the District's Governing Board shall determine whether the Recipient should be suspended from doing future work with the District, and if so, for what period of time. The District's Governing Board will consider the factors detailed in Rule 40E-7, Part II, F.A.C. in making a determination as to whether a Recipient should be suspended, and if so, for what period of time. Should the District terminate for default in accordance with this provision, the District shall be entitled to recover reprocurement costs in addition to all other remedies under law and/or equity. 6.2 The District may terminate this Agreement at any time for convenience upon thirty (30) calendar days prior written notice to the Recipient. The performance of work under this Agreement may be terminated by the District in accordance with this clause in whole, or from time to time in part, whenever the District shall determine that such termination is in the best interest of the District. Any such termination shall be effected by delivery to the Recipient of a Notice of Termination specifying the extent to which performance of work under the Agreement is terminated, and the date upon which such termination becomes effective. In the event of termination, the District shall compensate the Recipient for all authorized and accepted work performed through the termination date. The District shall be relieved of any and all future obligations hereunder, including but not limited to, lost profits and consequential damages under this Agreement. The District may withhold all payments to the Recipient for such work until such time as the District determines the exact amount due to the Recipient. 6.3 In the event a dispute arises, which the Project Managers cannot resolve between themselves, the Parties shall have the option to submit to non-binding mediation. The mediator or mediators shall be impartial, shall be selected by the Parties, and the cost of the mediation shall be borne equally by the Parties. The mediation process shall be confidential to the extent permitted by law. Agreement No. DG040192 Page 5 of 10 ARTICLE 7 - RECORDS RETENTION 7.1 The Recipient shall maintain records and the District shall have inspection and audit rights as follows: Maintenance of Records. The Recipient shall maintain all financial and non- financial records and reports directly or indirectly related to the negotiation or performance of this Agreement, including supporting documentation for any service rates, expenses, research or reports. Such records shall be maintained and made available for inspection for a period of five (5) years from completing performance and receiving final payment under this Agreement. Bo Examination of Records. The District or its designated agent shall have the right to examine in accordance with generally accepted governmental auditing standards all records directly or indirectly related to this Agreement. Such examination may be made only within five (5) years from the date of final payment under this Agreement and upon reasonable notice, time and place. Extended Availability of Records for Legal Disputes. In the event that the District should become involved in a legal dispute with a third party arising from performance under this Agreement, the Recipient shall extend the period of maintenance for all records relating to the Agreement until the final disposition of the legal dispute, and all such records shall be made readily available to the District. D. Periodic Audits. The District shall perform audits periodically to ensure funding objectives are being met. ARTICLE 8 - STANDARDS OF COMPLIANCE 8.1 The Recipient, its employees, subcontractors or assigns, shall comply with all applicable federal, state, and local laws and regulations relating to the performance of this Agreement. The District undertakes no duty to ensure such compliance, but will attempt to advise the Recipient, upon request, as to any such laws of which it has present knowledge. 8.2 The laws of the State of Florida shall govern all aspects of this Agreement. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Fifteenth Judicial Circuit for claims under state law and in the Southern District of Florida for any claims, which are justifiable in federal court. Agreement No. DG040192 Page 6 of 10 8.3 The Recipient shall allow public access to all Project documents and materials in accordance with the provisions of Chapter 119, Florida Statutes. Should the Recipient assert any exemptions to the requirements of Chapter 119 and related Statutes, the burden of establishing such exemption, by way of injunctive or other relief as provided by law, shall be upon the Recipient. 8.4 Pursuant to Section 216.347, Florida Statutes, the Recipient is prohibited from the expenditure of any funds under this Agreement to lobby the Legislature, the judicial branch, or another state agency. 8.5 The Recipient shall obtain, at its sole expense, all necessary licenses, authorizations and permits from the appropriate private party or federal, state, municipal or local agency, and other governmental approvals, prior to commencing performance of this Agreement. A delay in obtaining permits shall not give rise to a claim by the Recipient for additional compensation. If the Recipient is unable to obtain all necessary permits in a timely manner, either party may elect to terminate this Agreement, each party to bear its own costs, notwithstanding other provisions of this Agreement to the contrary. 8.6 The Recipient hereby assures that no person shall be excluded on the grounds of race, color, creed, national origin, handicap, age, or sex, from participation in, denied the benefits of, or is otherwise subjected to discrimination in any activity under this Agreement. The Recipient shall take all measures necessary to effectuate these assurances. ARTICLE 9 - INDEMNIFICATION 9.1 For value received, which is hereby acknowledged, the Recipient shall defend, indenmify, save, and hold the District, its officers, directors, board members, agents, assigns, and employees harmless from liabilities, damages, losses, and costs, including, but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentionally wrongful conduct of the Recipient and other persons employed or utilized by the Recipient in the performance of the Agreement. The District shall have the right to approve counsel selected by the Recipient to defend the District in the event the District is named in any legal action. The Recipient further acknowledges that it is solely responsible for ensuring its compliance and the compliance of its subcontractors, suppliers, agents, assigns, invitees and employees with the terms of this Agreement. This paragraph shall survive the expiration or termination of this Agreement. Agreement No. DG040192 Page 7 of 10 ARTICLE 10 - RELATIONSHIP BETWEEN THE PARTIES 10.1 The Recipient shall be considered an independent contractor and neither party shall be considered an employee or agent of the other party. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent contractor between the parties and their respective employees, agents, subcontractors, or assigns during or after the performance of this Agreement. Both parties are free to enter into contracts with other parties for similar services. 10.2 The Recipient shall not assign, delegate or otherwise transfer its rights and obligations as set forth in the Agreement without the prior written consent of the District. Any attempted assignment in violation of this provision shall be null and void. 10.3 It is the intent and understanding of the Parties that this Agreement is solely for the benefit of the Recipient and the District. No person or entity other than the Recipient or the District shall have any rights or privileges under this Agreement in any capacity whatsoever, either as third-party beneficiary or otherwise. ARTICLE 11 - GENERAL PROVISIONS 11.1 Notwithstanding any provisions of this Agreement to the contrary, the Parties shall not be held liable for any failure or delay in the performance of this Agreement that arises from fires, floods, strikes, embargoes, acts of the public enemy, unusually severe weather, outbreak of war, restraint of government, riots, civil commotion, force majeure, act of God, or for any other cause of the same character which is unavoidable through the exercise of due care and beyond the control of the Parties. Failure to perform shall be excused during the continuance of such circumstances, but this Agreement shall otherwise remain in effect. 11.2 Any inconsistency in this Agreement shall be resolved by giving precedence in the following order: (a) Terms and Conditions outlined in Articles 1-11 (b) Exhibit "C" Statement of Work (c) All other exhibits, attachments and documents specifically incorporated herein by reference 11.3 Failures or waivers to insist on strict performance of any covenant, condition, or provision of this Agreement by the Parties, their successors and assigns shall not be deemed a waiver of any of its rights or remedies, nor shall it relieve the other Party from performing any subsequent obligations strictly in accordance with the terms of this Agreement. No waiver shall be effective unless in writing and signed by the Party against whom enforcement is sought. Such waiver shall be limited to Agreement No. DG040192 Page 8 of 10 provisions of this Agreement specifically referred to therein and shall not be deemed a waiver of any other provision. No waiver shall constitute a continuing waiver unless the writing states otherwise. 11.4 Should any term or provision of this Agreement be held, to any extent, invalid or unenforceable, as against any person, entity or circumstance during the term hereof, by force of any statute, law, or ruling of any forum of competent jurisdiction, such invalidity shall not affect any other term or provision of this Agreement, to the extent that the Agreement shall remain operable, enforceable and in full force and effect to the extent permitted by law. 11.5 This Agreement may be amended only with the written approval of the Parties. 11.6 This Agreement states that all publicity/outreach media will be jointly planned by the Recipient and the District and any and all materials, events, or endorsements arising out of this award will require prior District approval. 11.7 This Agreement states the entire understanding and Agreement between the Parties and supersedes any and all written or oral representations, statements, negotiations or Agreements previously existing between the Parties with respect to the subject matter of this Agreement. The Recipient recognizes that any representations, statements or negotiations made by District staff do not suffice to legally bind the District in a contractual relationship unless they have been reduced to writing and signed by an authorized District representative. This Agreement shall insure to the benefit of and shall be binding upon the parties, their respective assigns, and successors in interest. Agreement No. DG040192 Page 9 of 10 ATTACHMENT A STATEMENT OF WORK INTRODUCTION Prior to 2000, the parks maintenance division began refining methods of irrigation and plantings compatible with low water demand, low maintenance labor costs and above average appearance. With this idea of a mission several lessons were learned: The mandatory water restrictions of 2001 required design where all plantings were of similar water requirements Low water demand plantings that survive efficient weed control chemicals became a requirement · Plantings that required extensive maintenance or required periodic replacement were removed from project areas as well as those contributing to safety hazards Selecting plantings that gave a 'clean manicured look' with added flowering colors or variations of leaf colors were selected · Methods of design where plantings would give the greatest benefit to the view of the eye with the minimum number of plants was another lesson applied to public areas · Utilizing irrigation methods with technology advances such as subterranean 'drip irrigation' and better irrigation controllers, reducing our water demands In February of 2003 a full-time Water Conservation Coordinator position was created in the City of Boynton Beach Utility department. His research of the progress of the City's conservation progress revealed successes in the efforts of the parks maintenance division. With further refinements, the Conservation Coordinator has begun more formal support of landscape conversions, which show a lasting water conservation effect. PROJECT JUSTWICATION The parks maintenance division has converted island landscaping to drip irrigation and low water demand plantings on Federal Highway from Boynton Beach Boulevard to the north City limit. On the average these metered islands showed a water savings of 66% and up to 85% in many cases. This has allowed us to drop our maintenance costs from turf to woody ornamentals by 90%. Year-round colorful blooming plants give a great look that is pleasing to the eye. For the conservationist, the statement that 'better is cheaper and prettier' is a fact. In 2003 the Utility department began to fund further City property conversion to low water demand irrigation and plantings. The health and nature of the ornamental plantings reduces the amount of insecticide and fungicide usually needed for turf; this is a significant environmental step. So, for this mile long area on the west side of Federal Highway between the C-16 Canal and northern limit of City of Boynton Beach which uses 300,000 gallons monthly we Exhibit "C" Agreement No. DG040192 Page I of 6 expect a 66% reduction in useage of 2.4 million gallons yearly. This represents $6,600.00 yearly savings in water costs. PROJECT OBJECTIVES To change irrigation water source from treated potable to untreated well water to reduce the demand on Boynton Beach Utility water plants and well fields. To replace turf with low water demand omamentals to lower water demand to achieve a 'true' conservation of water resources. To replace spray head irrigation system with low volume drip irrigation to save water resources to support existing trees and hedges and new woody ornamentals replacing the turf. To enhance conservation by reducing evaporation by proven methods such as mulching To arrange plantings at edges to give a full coverage landscape appearance. This will reduce ornamental installation costs and their future maintenance. STATEMENT OF WORK Rationale: Further City conservation effort by following Consumptive Use Permit requirements. Methodology: Replace turf along Federal Highway and sections of City Parks with low water demand plantings & drip irrigation and replace potable water with well water. A. Six inch well on west side of U.S. 1 (at north side of C-16 canal) with pump, controls and meter B. Six inch irrigation pipe with taps to low flow irrigation installations north to Gateway Blvd and to city limit Co Install low water demand plantings for the 1 mile length of west Side of Federal Highway and install low flow irrigation tubing and controls This will reduce demand on water plants and cut overall water usage by 66% D. Drill well at west end of Boat Club Park and drill well at west end of Intracoastal Park. Bo Disconnect Boat Club park from Potable water irrigation and connect to metered untreated well water. Replace 15% of landscape area with low flow irrigation and low water demand plantings This will reduce overall water demand by 10% Exhibit "C" Agreement No. DG040192 Page 2 of 6 Disconnect Intracoastal park from temporary potable water irrigation and connect to metered untreated well water. Replace 15% of landscape area with low flow irrigation and low water demand plantings This will reduce overall water demand by 10% LOCATION OF THE PROJECT Project location is within the boundaries of the City of Boynton Beach, along the west side of Federal Highway, fi.om the C-16 Canal to the northern boundary of the City (a distance of one mile). This area is about 40 feet wide and lies between the curb of Federal Highway and the F.E.C. Railroad property. (Both parks are in same vicinity but on the east side of Federal Highway) See attached map. PROJECT SCHEDULE AND DELIVERABLE March 1, 2004 -May 1, 2004 Apply for well permit from SFWMD for well at west side of Federal Highway (U.S. 1) for irrigation. Submit required documents for proposed work on D.O.T. properties. March 1, 2004 Contract and schedule with current well driller under contract for 6" well and pump and controls to supply 300 gallons per minute at 80 pounds per square inch. March 1, 2004- April 1, 2004 Design pipeline path of new irrigation line from C-16 Canal well site to north side of Gateway Blvd. March 1, 2004-May 1, 2004 Contract with boring contractor to run pipeline under Gateway Blvd March 1, 2004-May 1, 2004 Well construction at west end of Intracoastal Park. March 1, 2004-May 1, 2004 Well construction at west end of Boat Club Park. March 15-May 15, 2004 Install irrigation piping from new well site to meter site north of Gateway Blvd. Appropriate taps for low flow irrigation to new main water line to be installed. April 1, 2004-June 1, 2004 Begin replacing non-critical small turf areas in Boat Club and Intracoastal Parks with low flow irrigation and low water demand woody ornamentals. This to achieve at least a 10% reduction of water use in each park when new plants are established. May 1, 2004-June 1, 2004 Commence well construction June 1, 2004 Hook up of well and pump to new irrigation line. June 15, 2004 Hook up of Intracoastal Park to new irrigation line. Exhibit "C" Agreement No. DG040192 Page 3 of 6 June 1, 2004 Hook up of well and pump to new irrigation line. June 15, 2004 Hook up of Intracoastal Park to new irrigation line. July 1, 2004 Hook up of Boat Club Park to new irrigation line. June 15, 2004-August 15, 2004 Lay out low flow drip irrigation lines and connect to new irrigation line. July 25, 2004- Sept 1, 2004 Begin planting of ornamental plants by contractor to follow progress of low flow irrigation installation Sept 1, 2004 Plantings to be completed on West side of Federal Highway from C-16 Canal to northern City boundary. Dec 1, 2004 All new plantings established. Remaining turf grass to be sprayed with defoliant and covered with mulch. Exhibit "C" Agreement No. DG040192 Page 4 of 6 FUNDING PROPOSAL The total cost of this project is $125,180.00. This project will directly reduce 14.5 million gallons of water per year from our potable water source by switching to well water. Once the conversion to well water takes place, installation of low flow irrigation and low water demand plantings will reduce the amount of well water needed by 3.5 million gallons per year. The City of Boynton Beach requests $50,000.00 from the South Florida Water Management District to assist with funding this project. The City of Boynton Beach Utilities Department has $75,180.00 budgeted for this conservation project and can complete it by December 1, 2004. Please see the following cost breakdown: Project Expenses: SFWMD permit Location (Sunshine) Bore pipeline under Gateway Well construction at 2 Parks Pipe & drip tubing Pipe& Drip installation Turf replaced by ornamentals in parks Well construction Pump & controls 500.00 1000.00 5000.00 16,000.00 8,000.00 5000.00 24,000.00 10,000.00 20,000.00 2554 plants installed west side Federal Hwy 30,680.00 Mulch 5,000.00 in kind labor in kind labor Total $125,180.00 Project Revenues: City Cash Match City In-Kind SFWMD assistance 69,180.00 6,000.00 50,000.00 Total $125,180.00 The City of Boynton Beach thanks you for your consideration of this application. We are ready to implement this important water conservation program, with your assistance. Exhibit "C" Agreement No. DG040192 Page 5 of 6 ir Exhibit "C" Agreement No. DG040192 Page 6of 6 EXHIBIT "D" SUMMARY SCHEDULE OF TASKS AND DELIVERABLES A summary, deliverable schedule associated with this project is set forth below. The schedule is based on a one year agreement. All deliverables submitted hereunder are subject to review by the District. Due dates for all deliverables are based on the number of weeks from the date of agreement execution. The Recipient hereby agrees to provide the District all deliverables, data and information described in the Statement of Work in writing. Payment shall be made following receipt and acceptance by the District of project deliverables in accordance with the schedule set forth below. Total payment by the District for all work completed herein shall not exceed the amount of $ 50,000.00. All payments are subject to District fiscal year appropriations. I Let[er of Completion 52 Weeks $ 50,000.00 Total $ 50,000.00 Exhibit"D" Agreement No. DG040192 Pagelofl IN WITNESS WHEREOF, the Parties or their duly authorized representatives hereby execute this Agreement on the date written below. SOUTH FLORIDA WATER MANAGEMENT DISTRICT Date: SFWMD Office of Counsel Approved By: ~~~ate: J--~//~..~//~ Recipient's Legal Name: By Authorized Official: KURT BRESSNER CITY MANAG[R BOYNTON BEACH, FL Title: Date: S~ID Procurement Approved: __ Date: CITY ATTORNEY Agreement No. DG040192 Page 10 of 10