R25-046 1 RESOLUTION NO. R25-046
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, APPROVING THE NINTH AMENDMENT TO THE
5 INTERLOCAL AGREEMENT ESTABLISHING THE SOUTH CENTRAL
6 REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD
7 BETWEEN THE CITY OF BOYNTON BEACH AND THE CITY OF DELRAY
8 BEACH; AND FOR ALL OTHER PURPOSES.
9
10 WHEREAS, the City of Boynton Beach and the City of Delray Beach entered into an
11 Interlocal Agreement on December 26, 1974, establishing the South Central Regional Wastewater
12 Treatment and Disposal Board; and
13 WHEREAS, the parties entered into the First Amendment to the Interlocal Agreement on
14 May 27, 1981, amending Section 10 of the Interlocal Agreement to eliminate the provisions
15 contained therein relative to the supervision of construction by Delray and to allow the additional
16 alternatives of the Board operating the regional facility or an independent contractor operating
17 the regional facility on a contract basis; and
18 WHEREAS, the parties entered into the Second Amendment to the Interlocal Agreement
19 on September 15, 1983, amending Sections 3(D), 5, and 6 of the Interlocal Agreement to change
20 the title of the "Administrative Director" to "Executive Director"; and
21 WHEREAS, the parties entered into the Third Amendment to the Interlocal Agreement on
22 October 19, 1995, to institute, operate, and administer a Reclaimed Water Program providing
23 advance treatment to a portion of all of its effluent to standards allowing such Reclaimed Water
24 to be utilized for irrigation and other beneficial purposes and authorizing the board to enter into
25 agreements for the sale of treated Reclaimed Water to third parties upon terms and conditions
26 determined by the Board to be in the public's best interest; and
27 WHEREAS, the parties entered into the Fourth Amendment to the Interlocal Agreement
28 on February 18, 2003, amending Section 3 of Annex I of the Interlocal Agreement to more
29 accurately bill for flow due to meter failure by changing the basis for billing of the daily average
30 of the three preceding monthly flow to the preceding seven days flow; and
31 WHEREAS, the parties entered into the Fifth Amendment to the Interlocal Agreement on
32 September 7, 2004, amending Section 3, Powers and Procedures, Subsection (B)(14) to provide
33 the Board be a wholesale provider of reclaimed water only to the Cities of Delray Beach and
34 Boynton Beach as well as providing for the internal use of the reclaimed water by the Board and
35 further amending Annex I, Allocation of Operating Costs, Subsection 6, Reclaimed Water, to
36 provide that the Board will be authorized to enter into independent Interlocal Agreements with
37 the Cities of Boynton Beach and Delray Beach, respectively, for providing of such wholesale
38 reclaimed water; and
39 WHEREAS, the parties entered into the Sixth Amendment to the Interlocal Agreement on
40 January 9, 2006, amending Section 3, Powers and Procedures, Subsection (B)(14) to provide the
41 Board be a provider of reclaimed water to the Cities of Delray Beach, Boynton Beach, other entities
42 within the respective Cities, as well as providing for the internal use of the reclaimed water by the
43 Board and further Annex I, Allocation of Operating Costs, Subsection 6, Reclaimed Water, to
44 provide that the Board will be authorized to enter into independent Interlocal Agreements with
45 the Cities of Boynton Beach and Delray Beach, respectively, for the providing of such wholesale
46 reclaimed water; and
47 WHEREAS, the parties entered into the Seventh Amendment to the Interlocal Agreement
48 on November 8, 2012, amending Section 3, Powers and Procedures, by amending Subsection (A)
49 3. to provide that a quorum for the purpose of transacting business shall consist of not less than
50 four(4) members comprised of not less than two (2) members of the City Commission of Boynton
51 Beach and not less than two (2) members of the City Commission of Delray Beach; and
52 WHEREAS, the parties entered into the Eighth Amendment to the Interlocal Agreement
53 on August 25, 2016, amending section 10: Operation of Regional Facility. as was amended by the
54 First Amendment, by adding alternative "E" as another method of operation for the facility,
55 amending Section 3(A)4.to be internally consistent with the Seventh Amendment to the Interlocal
56 regarding actions taken through Board votes, amending Subsection 3(C)6 concerning surplus
57 money allocation, and amending Sections 3(D), 5, and 6 of the Interlocal Agreement contain
58 references to an "Executive Director" and reclassifying the "Executive Director" position to a "Plant
59 Manager" in accordance with the new method of operation adopted as alternative "E" at Section
60 10 along with providing reference to financial policies which are required to be followed; and
61 WHEREAS, the parties desire to enter into the Ninth Amendment to the Interlocal
62 Agreement amending Subsection 3(D) to provide for consistency with the reclassified title of
63 "Director," utilized to refer to the administrative head of the Regional Facility rather than a title of
64 "Plant Manager,"amending Section 5:Authority to hire and discharge Plant Manager. by changing
65 the section title and text to provide for the reclassified title for the administrative head of the
66 Regional Facility and amending the section title and initial paragraph of Section 6: Duties and
67 authority of Plant Manager, along with Subsection 10(E) to provide for consistent reference to the
68 reclassified title of "Director" throughout the Interlocal Agreement; and
69 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the
70 best interests of the city's citizens and residents to approve the Ninth Amendment to the Interlocal
71 Agreement establishing the South Central Regional Wastewater Treatment and Disposal Board
72 between the City of Boynton Beach and the City of Delray Beach.
73
74 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON
75 BEACH, FLORIDA, THAT:
76 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
77 being true and correct and are hereby made a specific part of this Resolution upon adoption.
78 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby
79 approve the Ninth Amendment to the Interlocal Agreement establishing the South Central
80 Regional Wastewater Treatment and Disposal Board between the City of Boynton Beach and the
81 City of Delray Beach (the "Amendment"), in form and substance similar to that attached as Exhibit
82 A.
83 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby
84 authorizes the Mayor to execute the Amendment. The Mayor is further authorized to execute any
85 ancillary documents necessary to accomplish the purpose of this Resolution.
86 SECTION 4. The Mayor-executed Amendment shall be forwarded to Dr. Poonam Kalkat
87 to obtain the execution of the Amendment by the City of Delray Beach.
88 SECTION 5. Upon full execution of the Amendment, the Amendment shall be filed with
89 the Clerk of the Circuit Court of Palm Beach County, Florida, as required by section 163.01(11),
90 Florida Statutes.
91 SECTION 6. This Resolution shall take effect in accordance with law.
92
93 PASSED AND ADOPTED this /7 day of l&brUICUI 2025.
94 CITY OF BOYNTON BEACH, FLORIDA
95 YES NO
96 Mayor—Ty Penserga r/
97
98 Vice Mayor—Aimee Kelley
99
100 Commissioner—Angela Cruz
101
102 Commissioner—Woodrow L. Hay
103
104 Commissioner—Thomas Turkin
105
106 VOTE S
107 A EST.
10:
109 �� '/�� �1Afr
110 Maylee Re s, MPA, M y • - .-rga
111 City CI:rk M- for
112
113 APPROVED AS TO FORM:
114 (Corporate Seal) BOYNT•,
115 j� .• •CORPp•.
116 % (1.• R9)11 M31% GGA'/ 1 Aigii
•
117 S 1111CORp R L i ; Shawna G. Lamb
118 �� :• 1920 E.0 City Attorney
• AT •
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•
I •
7.DA
NINTH AMENDMENT TO INTERLOCAL AGREEMENT
THIS NINTH AMENDMENT TO INTERLOCAL AGREEMENT (the "NINTH
AMENDMENT")to the above-referenced Agreement,made and entered into this i day of
, 2025 effective as provided herein below, by and between CITY OF
BOYNTON B CH,FLORIDA,a municipal corporation,hereafter referred to as"BOYNTON",
and the CITY OF DELRY BEACH,FLORIDA,a municipal corporation,hereinafter referred to as
"DELRAY",pursuant to these terms and conditions:
WITNESSETH
WHEREAS,BOYNTON and DELRAY pursuant to Section 163.01,Florida Statutes,have
heretofore entered into that certain Interlocal Agreement dated the 26th day of December, 1974,
establishing the South Central Regional Wastewater Treatment and Disposal Board (the
"BOARD")(ORB9139/PG379), as amended by, First Amendment dated May 27th, 1981 (ORB
9139/PG399), Second Amendment dated September 15, 1983 ORB9139/PG402 byThird
), by P ( ),
Amendment dated October 19, 1995(ORB9139/PG376),by Fourth Amendment dated February 18,
2003(ORB 15101/PG0001),by Fifth Amendment dated September 7,2004(ORB 17956/PG 1362),by
Sixth Amendment dated January 9, 2006 (ORB20102/PG1396), by Seventh Amendment dated
November 8,2012(ORB25710/PG 1916),and by Eighth Amendment dated August 25,2016(ORB
28848/Pg 400) ("Interlocal Agreement); and
WHEREAS, the BOARD desires to follow the procedure set forth at Section 4 of the
Interlocal Agreement by amending Subsection 3(D)to provide for consistency with the reclassified
title of,"Director",utilized to refer to the administrative head of the Regional Facility rather than a
title of"Plant Manager"; and
WHEREAS,the BOARD desires to amend Section 5:Authorityto hire and discharge Plant
g
Manager. by changing the section title and text to provide for the reclassified title for the
administrative head of the Regional Facility; and
WHEREAS,the BOARD desires to amend the section title and initial paragraph of Section 6:
Duties and authority of Plant Manager. along with Subsection 10(E) to provide for consistent
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I
reference to the reclassified title of"Director"throughout the Interlocal Agreement with the adoption
of this NINTH AMENDMENT; and
NOW THEREFORE,be it agreed and resolved as follows:
That certain Interlocal Agreement, initially entered into on the 26th day of December 1974,
by and between BOYNTON and DELRAY is hereby amended as follows:
1. Section 3 of the Interlocal Agreement at Subsection 3(D)is hereby amended to read
as follows:
(D).An independent audit shall be made of all accounts of the Board at the end of each
fiscal year and more frequently if deemed necessary by the Board. Such audit shall be
made by certified public accountants experienced in governmental accounting,and who
shall have no person interest,direct or indirect,in the fiscal affairs of the South Central
Regional Wastewater Treatment and Disposal Board,or of any members of the Board.
The condense audit shall be distributed to members of the City Councils, City
Managers,City Financial Officers and any member of the public requesting same. After
initial approval by the Operating Committee, an annual report of the Board business
shall be made available to the public by the Director in such form as will
disclose pertinent facts concerning the activities and finances of the South Central
Regional Wastewater Treatment and Disposal Board.
2. Section 5. of the Interlocal Agreement, along with its section heading, shall be
amended to read as follows:
Section 5: Authority to hire and discharge Plant-Manager Director.
The Board may hire and discharge the Plant Manager Director by the concurring vote of the
Board, as set forth in Section 3 above, provided, however, no such action to hire or
discharge such Plant-Manager Director shall be effective unless approved also by the
Operating Committee referenced at Subsection 10E.
3. Section 6. of the Interlocal Agreement, along with its section heading, shall be
amended at its first paragraph to read as follows:
Section 6: Duties and authority of Director.
The Director shall be the administrative head of the Regional
Facility. This position shall be responsible to the Board for the proper
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administration of all affairs of the Board and of the Regional Facility, subject to
oversight by the Operating Committee referenced at Subsection 10E. To that end,
subject to the provisions of this Interlocal Agreement,the Director
shall have the power and shall be required to:...
Subsections (A)-(E) shall remain the same as previously adopted.
4. Section 10 of the Interlocal Agreement is hereby amended at Subsection 10(E)
to read as follows:
E. The Board may appoint an Operating Committee consisting of one staff member from
each member City along with a P-lant--Manager Director(the"Operating Committee"). The
City Manager of Boynton Beach and Delray Beach shall nominate a staff member for Board
approval. The Operating Committee would agree to meet weekly or bi-weekly, at their
discretion, to review and approve all financial and human resources decisions with Board
Policies, review and provide input on operation and maintenance activities,and provide input
on capital improvements at the regional facility. The daily operations and project
management as set forth in Section 6 hereinabove would be the responsibility of the Plant
Manager Director which responsibilities may include, but not be limited to, the following:
daily plant operations; capital project implementation; oversight of Board staff;
recommendations on purchases and payments to Operating Committee;and responsibility
for regulatory compliance. Additional responsibilities may be delineated by the Board as
recommended by the Operating Committee for this position.
5. This NINTH AMENDMENT shall become effective upon ratification by a majority vote of each
City Council.
6. This NINTH AMENDMENT shall be filed with the Office of the Clerk and Comptroller of Palm
Beach County, Florida.
7. The Interlocal Agreement as heretofore amended shall remain in full force and effect,altered
herein only to the extent of this NINTH AMENDMENT.
RESOLVED this ell day of `!a %, 2125, b a vote
ir.
ATT airperson Juli Casale
L
ciwy:
Olga Insabella, Executive Assistant
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The undersigned Cities of Delray Beach and Boynton Beach do hereby ratify and agree to the action
Taken by the South Central Regional Wastewater Treatment and Disposal Board to amend the
Interlocal Agreement in accordance with foregoing NINTH AMENDMENT to Interlocal Agreement.
ATTEST: CITY OF DELRAY BEACH, FLORIDA
City Clerk Mayor Tom Carney
Approved as to Form Date: ,2025
City Attorney
ATT'ST: CITY OF BOYNTON BEACH, FLORIDA
t 1. PA
010_4
City Clerk L Ma . Ty Penserga
Approved as to Form 1261 Date: ZAP 2025
City Attorney oyNTON
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