R07-103
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1 RESOLUTION NO. R07- 10:3
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3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, AUTHORIZING AND DIRECTING THE
5 CITY MANAGER AND CITY CLERK TO EXECUTE A
6 FIRST AMENDMENT TO THE INTERLOCAL
7 AGREEMENT BETWEEN PALM BEACH COUNTY
8 AND THE CITY OF BOYNTON BEACH FOR THE
9 PURCHASE AND SALE OF BULK POT ABLE WATER;
10 AND PROVIDING AN EFFECTIVE DATE.
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12 WHEREAS, the City Commission approved an Agreement dated December 21,
13 2004, for the purchase and sale of bulk potable water; and
14 WHEREAS, the City of Boynton Beach and Palm Beach County desire to amend the
15 Agreement; and
16 WHEREAS, the City Commission of the City of Boynton Beach, upon
17 recommendation of staff, deems it to be in the best interests of the residents and citizens of
18 the City of Boynton Beach to approve the First Amendment to the Interloca1 Agreement
19 between the City of Boynton Beach and Palm Beach County for the Purchase and Sale of
20 Bulk Potable Water.
21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
Each Whereas clause set forth above IS true and correct and
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24 incorporated herein by this reference.
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Section 2.
The City Commission of the City of Boynton Beach, Florida, upon
26 recommendation of staff, hereby authorizes and directs the City Manager and City Clerk to
27 execute the First Amendment to the lnterlocal Agreement between Palm Beach County and
28 I City of Boynton Beach for the Purchase and Sale of Bulk Potable Water, which First
29 Amendment is attached hereto as Exhibit "A".
S:\CA\RESO\Agreements\lnterlocals\lnterlocal Agreement PBC -1st Amendment Bulk Potable Water (2007).doc
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Section 3.
That this Resolution shall become effective immediately upon
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3 PASSED AND ADOPTED this ~ day of September, 2007.
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ATTEST:
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Commiss~?~ Mack McC~'\Y
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S:\CA\RESO\Agreements\lnterlocals\lnterlocal Agreement PBC -1 st Amendment Bulk Potable Water (2007).doc
Ja et M. Prainito, CMC
ity Clerk
(Corporate Seal)
R 2 0 0 7 .. 17 32
R07 -ID3
FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT BET~lEEN
PALM BEACH COUNTY AND THE CITY OF BOYNTON BEACH FOR THE
PURCHASE AND SALE OF BULK POT ABLE \\7 A TER
THIS FIRST AMENDMENT made and entered into this day of ocr 0 2.2007
2007, by and between PALM BEACH COUNTY, a political subdivision of the State of
Florida (hereinafter "County"), and the CITY OF BOYNTON BEACH\ FLORIDA. a
municipality organized under the laws of the State of Florida (hereinafter "City'')
'VITNESSETH
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, the City wishes to purchase bulk Potable Water from the County for
distribution and sale to customers solely within the City's Potable Water service area:, and
WHEREAS, the County wishes to sell the City bulk Potable Water pursuant to the
terms and conditions of the Agreement dated December 21, 2004 for the purchase and sale
of bulk potable water, as modified by this First Amendment; and
WHEREAS,. the parties desire to amend the Agreement as set forth herein.
NOW~ THEREFORE\ for and in consideration of these premises. the mutual
undertakings and agreements herein contained and assumed, County and City hereby
cc;venanl ano agree as
The foregc1ing statements are true and correct.
L. Secllon L
following:
the Agreement lS hereb~i deleted in its entirety and replaced with the
Teml. Tbe tem1 of this Agreement shall commence upon execution by both parties
shall ccmlmue in full force and efft':ct until Dece!rber 31.. 2013. except for capacity
Q penmUlent baSiS. V,rhlCh shall continue indefmitely.
::
(-".,rJ 4n~.
the,; greemenl is
deleted in its emirety and replaced
the
(1'> I 'Capac Fee" - A one-time fee to be paid by eif)' to County to reserve pemlanent
capacity. in the County's Potable \Vater System or an Annual Carrying Cost amount
paid yearly to reserve temporary capacity in the County's Potable ,Vater System.
The Capacity Fee assessed tc' tIle City shall be based upon the Potable Water flow
that the City desires to reserve in the County's Potable Water System, This fee is
assessed irrespective of tbe actual quantity of Potable Water flovving througb the
various Points of COlmection;
4, Section 4(d) of the Agreement is hereby deleted in its entirety and replaced by the
following:
ld) "Commodity Fee'" - A fee to be paid by City to County on a monthly basis whIch is
intended to recover County's variable cost of producing and supplying Potable
Water to the City at the various Points of Connection. This fee is assessed per one
thousand (1,000) gallons of Potable Water delivered by County to the various
Points of Connection;
5, Section 7 of the Agreement IS hereby deleted m its entirety and replaced by the
following:
7 Capacity Reservation. County shall provide City with Potable Water at the varying
flow rates required by the City, not to exceed five million (5,000,000) gallons per
day (5 MGD). Within thirty (30) days of the Effective Date of this Agreement, the
City shall pay the County a bulk Potable Water Capacity Fee of$2,91 per gallon for
1 MGD of permanently reserved capacity (for a total of $2,91 0,000.00). In addition,
the City may reserve additional temporary capacity by paying an Annual Carrying
Cost at the rate of $0.11 per gallon per year. As the minimum daily quantity of
water to be purchased under this Agreement (on a take-or-pay basis) is 2 MGD
calculated on an annual basis, the City shall be required to have permanent and
temporary capacity totaling at least 2 MGD throughout the term of this Agreement.
For the first yeaf of this Agreement, the City elects to purchase I MGD of
additional temporary capacity. Within thirty (30) days of the Effective Date of this
Agreement the City shall pay the County for the fIrSt year of this additional
temporary capaCity, eacb subsequent year. the City shall notify the County in
W1T[mg. at least Sixty \. 6u} days pnor to the anniversary date of this Agreement, of
the amount of Potable 'Water 1:1 two hundred fifty thousand (250,000) gallon
increnlents that the City is interested in reserving during the subsequent twelve (2)
month period, and pay the Annual Carrying Cost for the capacity it has requested to
reserve. The City may also.. at any time during this Agreement, reserve additional
permanent capacIty by paying the bulk Potable Water Capacity Fee of $2.91 per
gallon. in two hundred fIfty thousand (250,000) gallon increments. The Average
):.' rate during t'Nelve (] 2) month period shall not exceed the capaeit)
:e:sened. such fjow is exceeded, the City shaH pay an addltiona) AIlliual
Carrying Cost $0 1] per gallon for the excess capacity used. The Annual
shall be fixed through December 3J, 2013. The County is under no
10 provide more than five million (5.000.000) gallons of Potable Water per
day. but may, at lts sole discretion, provide Potable Water at a higher flow rate if
reque<;ted by the City.
6 Section 8 of the Agreement )5 hereby deleted m its entirety and replaced by the
folIc wing:
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I; ComlTIoditv Fee, In accordance with the December 21, 2004 Agreement between
the County and the City. the initial monthly Commodity Fee shall be $0.80 per
thousand gallons, In accordance with the December 21" 2004 Agreement between
the County and the City. on January L 2010, the monthly Commodity Fee shall
Increase to the total of $] .15 per thousand gallons plus an upward adjustment,
calculated beginning January 1, 2006, in an amount equal to the prior year's
(measured October to October) Consumer Price Index, all Urban Consumers,
Water and Sewerage Maintenance, published by the U.S. Department of Labor,
Bureau of Labor Statistics ("CPI") or some other mutually agreed-upon index if
the cpr is discontinued, but in no case shall the escalation exceed three percent
(3%) annually. Beginning on January 1, 201 L. and for each calendar year
thereafter, this Commodity Fee shall be adjusted upward by an amount equal to
the prior year's CPI (measured October to October) or some other mutually
agreed-upon index if the CPI is discontinued, but in no case shall the escalation
exceed three percent (3%) annually,
The Existing Points of Connection shall be used collectively and in common to
more evenly distribute the Potable Water flows from the County's Potable Water
System into the City's Potable Water System. Any construction costs required to
upgrade the Existing Points of Connection to meet the requirements of this
Agreement shall be shared by the County and the City. The minimum quantity of
Potable Water to be purchased by the City shall be 2 MGD calculated on an annual
basis through December 31, 2013, regardless of actual usage.
7 Section 13 of the Agreement is hereby deleted in its entirety and replaced by the
follo\lving
J 3. Water Interconnect Agreement The City and County are currently parties to a
] 996 \Vater Interconnect Agreement, dated 5/7/96 (County Resolution No. 96-567D),
eSlaL)lishing provlsions for the emergency purchase and sale of Potable Water through the
Existing Points Connection. The Water Interconnect Agreement is incorporated herein
by reference.. except that the rates set forth in Section 6 of the Water Interconnect
Agreement are amended as foHows: The parties agree that in the event that requires the City
to provide Potable Water to the County, the commodity rate paid by the County to the City.
shall be the same Commodity rate that the City is required to pay to the County as set forth
in this Agreement.
8.
following.
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Elt Agreemen; is hereby deleted in Its entirety and replaced by the
r enmnauon. 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 10 the party in default ninety (90) days "vritten notice to cure said default
before exercising any of its rights as provided for in this Agreement Failure to
cure said default within ninety (90) days following notice may be grounds for
term in3tion of thi s Agreement T emlination of this Agreement by either party
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shall require thi11y dayI' prior 'written notice to the other party prior to the
termination date The parties may mutually agree to extend the time for cure
and/or tenTiination.
9, AI] other provisions of the Agreement are hereby c.onfirmed and shall remain in full force
and effect.
(THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK)
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By:
IN \VITNESS WHEREOF, County and City have executed or have caused this
A.greement tel be duly executed in several counterparts, each of which counterpart shall
be considered an original executed copy of this Agreeme~ 2 0 0 7 1 7 3 2
ATTEST; ~l~&
~s:\.''''' \\lli.
Sharon R. Bockl Clerk and s.. eelltlll PALM TYj BY ITS
ff Q................O 111't BOARD OF COUNTY
ff ~/ 0^ B€.. ".fi\ COMMISSIONERS
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\~" "....~j Addie L. Greene, Chairperson
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(SEAL)
By
County Attomey
APPROVED AS TO TERMS AND
CONDITIONS
BY~~
Dir tor of Wa er UtIlitIes
CITY OF BOYNTON BEACHj
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FORM AND TO
NCY
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water Utilities Department
Contract Management
Po. Box 16097
West Palm Beach, FL 33416-6097
(561) 493-6000
Fax: (561) 493-6060
www.pbcwater.com
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Palm Beach County
Board of County
Commissioners
. ':!die L. Greene, Chairperson
Jeff Koons, Vice Chair
Karen T. Marcus
Robert J. Kanjian
Mary McCarty
Burt Aaronson
Jess R. Santamaria
County Administrator
Robert Weisman
"An Equal Opportunity
lffirmative Action Employer"
@ printed on recycled paper
Octo.ber 5, 2007
Ms. Janet M. Prainito., City Clerk
City o.f Boynto.n Beach
100 E. Bo.ynton Beach Boulevard
Boynto.n Beach, FL 33435
RE: Bulk Water Interlocal Agreement
Dear Ms. Prainito:
On October 2, 2007, the Board o.f Co.unty Commissio.ners approved the
First Amendment to. the lnterlo.cal Agreement Between Palm Beach
County and the City o.f Boynton Beach fo.r the Purchase and Sale of
Bulk Potable Water. The executed agreement is enclo.sed for yo.ur
reco.rds.
Sincerely,
hLtJ.~
Fred W. Jenf(ns, Assistant Director
Finance & Administration Divisio.n
Water Utilities Department
Enclosure
c: Bevin Beaudet, WUD Director
Kurt Bressner, Bo.ynto.n Beach City Manager
Ko.fi Bo.ateng, Boynton Beach Utilities Directo.r
Debra West, WUD F &A Director
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