R04-178
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1 ; RESOLUTION NO. R04 - «ì e
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i! A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 II FLORIDA, AUTHORIZING AND DIRECTING THE CITY I
5 MANAGER TO EXECUTE A COOPERA TNE FUNDING
6 ! I AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH
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7 II AND SOUTH FLORIDA W ATERMANAGEMENT DISTRICT,
8 PROVIDING FOR A $50,000.00 GRANT FOR THE SOUTH
9 'I FEDERAL HIGHWAY MEDIAN IRRIGATION
10 II CONSERVATION PROJECT; AND PROVIDING AN
11 I. EFFECTNE DATE.
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13 'I WHEREAS, the City of Boynton Beach has been awarded a $50,000 grant from the I
14 South Florida Water Management District Savings Incentive Program; and I
15 I WHEREAS, the City will be converting the existing irrigation systems to a drip or
16 low flow system, and the installation of suitable landscaping along Federal Highway from 1
17 Ocean A venue southward to Gulfstream Boulevard; and
18 I WHERAS, with the award of this grant, the South Florida Water Management
19 IDistrict has agreed to reimburse the City for construction costs in an amount not to exceed
20 $50,000.
21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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24 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
25 being true and correct and are hereby made a specific part of this Resolution upon adoption
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26 hereof.
27 Section 2. The City Commission ofthe City of Boynton Beach hereby authorizes
28 and directs the City Manager to execute a Cooperative Funding Agreement between the City
29 of Boynton Beach and the South Florida Water Management District in connection with the
30 South Federal Highway Median Irrigation Conservation Project; a copy of which is attached
S:\CA\RESO\Agreements\Grants\South Florida Water Management $50kGrant So Fed Median.doc
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1 hereto as Exhibit "A".
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2 Section 2. This Resolution shall become effective immediately upon passage. I
3 PASSED AND ADOPTED this ~ day of é)c;robe.í , 2004.
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6 CITY OF BOYNTON BEACH, FLORIDA
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:\CA\RESO\Agreements\Grants\South Florida Water Management $50kGrant So Fed Median.doc
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OR\ G\NAL
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2004-2005 SOUTH FLORIDA WATER MANAGEMENT DISTRICT
WATER SAVINGS INCENTIVE PROGRAM
COOPERATIVE FUNDING AGREEMENT
Recipient: Agreement Number: DG050213
City of Boynton Beach
Governing Board Approval Date: July 15, 2004
Recipient's Project Manager:
Mr. Peter Mazzella District Funding Amount: $ 50.000.00
Deputy Director
Address:
124 East Woolbright Road
Boynton Beach, Florida 33435
Telephone No:
(561) 742-6404
Fax No:
(561) 742-6299
SFWMD Project Manager:
Bruce Adams
Address:
3301 Gun Club Road
West Palm Beach, Fl33406
Telephone No:
(561) 682-6785
Fax No:
(561) 681-6264
Insurance: Not Applicable
Federal Employer Identification Number:
59-6000282
Project Title:
South Federal Highway Median Irrigation Conservation.
Description:
Federal Highway medians from Ocean Avenue south to southern city limits at Gulfstream Blvd.
Agreement No. DG050213, 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 1 - 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 ofthis 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. DG050213, 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 Agreement 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. 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, ES. and upon satisfaction of the District
conditiQlls 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
Agreement No. DG050213, Page 3 oflO
balance. The Recipient shall invoice the District for payment of any accrued
unpaid interest.
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.
4.4 Upon award ofthe Agreement, the Recipient shall provide to the District a
detailed schedule ofthe 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.
ARTICLE 5 - PROJECT MANAGEMENT
5.1 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 ofthis Agreement.
5.2 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 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.
5.4 All correspondence to the District under this Agreement shall reference the
District's Agreement Number.
Agreement No. DG050213, Page 4 of 10
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.
Agreement No. DG050213, Page 5 of 10
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.
ARTICLE 7 - RECORDS RETENTION
7.1 The Recipient shall maintain records and the District shall have inspection and
audit rights as follows:
A. 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.
B. 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.
C. 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.
Agreement No. DG050213, Page 6 oflO
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.
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,
indemnify, 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.
Agreement No. DG050213, Page 7 of 10
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.
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 ofthe Parties that this Agreement is solely for the
benefit of the Recipient and the District. No persor.. 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 Artic1es 1-11
(b) Exhibit "c" Statement of Work
(c) All other exhibits, attachments and documents specifically incorporated herein
by reference
Agreement No. DG050213, Page 8 of 10
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
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. DG050213, Page 9 of 10
IN WITNESS WHEREOF, the Parties or their duly authorized representatives hereby
execute this Agreement on the date written below.
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
SFWMD Office of Counsel Approved
By.&;f~ Date. ~~f'"
Recipient's Legal Name:
By Authorized Official: KURT BRESSNER
CITY MANAGER
Title: BOYNTON BEACH. F1
Date: 10 - Co -oLf
TV ATTORNEY
Date: K" - ..:I ()- () y
/
Agreement No. DG050213, Page 10 of 10
EXHIBIT "C"
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. Pursuit of this mission several lessons were learned:
· The mandatory water restrictions of2001 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 ofleaf 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
· Conserving existing trees and shrubs already in place and combining with new
plantings to extend the area being converted to low water use conservation
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/city properties
maintenance divisions. With further refinements, the Conservation Coordinator has
begun more formal support of landscape conversions, which show a lasting water
conservation effect.
PROJECT JUSTIFICATION
The forest and grounds 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.
Exhibit "C" to Agreement DG050213, Page 1 of 3
So, for this two mile long median area on Federal Highway from Ocean Avenue south to
southern limit of City of Boynton Beach at Gulfstream Boulevard and which uses
1,049,000 gallons monthly we expect a 59% reduction in usage of7.6 million gallons
yearly. This represents $20,900.00 yearly savings in water costs.
PROJECT OBJECTIVES
To replace turfwith low water demand ornamentals 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 and combine
with existing trees/ornamentals to further maximize coverage. 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 medians with low water demand
plantings & drip irrigation.
A. Convert all median taps to low flow irrigation installations from Ocean A venue to
southern limit of City of Boynton Beach at Gulfstream Boulevard
B. Install low water demand plantings for the 2-mile length of Federal Highway
medians and install low flow irrigation tubing and controls and mulch. This will
reduce demand on water plants and cut overall water usage by 59%
LOCATION OF THE PROJECT
Project location is within the boundaries of the City of Boynton Beach, Federal Highway
medians, from Ocean Avenue to southern limit of City of Boynton Beach at Gulfstream
Boulevard (a distance of two miles). This area averages about 20 feet wide and is the
center highway medians of Federal Highway. See attached map.
Exhibit "C" to Agreement DG050213, Page 2 of 3
PROJECT SCHEDULE AND DELIVERABLE
September 1, 2004- December 1, 2004 Conform to all legal requirements in selecting
contractors for low flow irrigation installation, plants and plantings and mulching
suppliers.
March 1, 2005-May 1,2005 For the first 25% of the 23 medians:
Layout low flow drip irrigation lines, install and connect to irrigation supply.
Install plantings, mulch.
May 1, 2005-July 1, 2005 For the second 25% of the 23 medians:
Layout low flow drip irrigation lines, install and connect to irrigation supply.
Install plantings, mulch.
July 1, 2005-September 1, 2005 For the third 25% of the 23 medians:
Layout low flow drip irrigation lines, install and connect to irrigation supply.
Install plantings, mulch.
September 1, 2005-November 1,2005 For the fourth 25% of the 23 medians:
Layout low flow drip irrigation lines, install and connect to irrigation supply.
Install plantings, mulch.
Exhibit "C" to Agreement DG050213, Page 3 of 3
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.
· AlJ deliverables submitted hereunder are subject to review by the District. Due dates for alJ deliverables are based
on the number of weeks from the date of agreement execution. The Recipient hereby agrees to provide the
District alJ deliverables, data and information described in the Statement of Work in both written and electronic
four-digit format.
· 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.
Total $ 50,000.00
Exhibit "D" to Agreement DG050213, Page 1 of 1