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R96-020RESOLUTION NO. R96-~'~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND PALM BEACH COUNTY FOR PROPOSED POTABLE WATER EMERGENCY INTERCONNECTS (FLAVOR PICT ROAD AND E-3 CANAL AND BOYNTON BEACH BOULEVARD AND E-3 CANAL) ; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach (City) and Palm Beach County (County) have adjoining areas of water service; and WHEREAS, the City and County desire to guard against the potential danger of failure of water service to the City or the County; and WHEREAS, it is in the best interests of both the City and the County to enter into this Agreement to insure that potable water will be available in an emergency situation; 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 Agreement between the City of Boynton Beach, Florida and Palm Beach County, providing for two emergency interconnects between the potable water systems owned by the City of Boynton Beach and Palm Beach County at Flavor Pict Road and the E-3 Canal, and Boynton Beach Boulevard and the E-3 canal, a copy of said Agreement being attached hereto as Exhibit "A". Section 2. passage. That this Resolution shall become effective immediately upon PASSED AND ADOPTED this ~,~ day of February, 1996. CITY OF BOYNTON BEACH, FLORIDA Mayor ,/' Vice Mayor , ~ /t~/l~yor Pro' Tem ' . CommiSsiOner ) ATTEST: lerk (Corporate Seal) Authsig.doc 2/14/96 cityl~ountytpot.water Commissioner WATER INTERCONNECT AGREEMENT BETWEEN PALM BEACH COUNTY AND THE CITY OF BOYNTON BEACH THIS AGREEMENT is made and entered into this day of '~, by and between PALM BEACH COUNTY, a Political Subdivision of the State of Florida, hereinafter referred to as "COUNTY", and the CITY OF BOYNTON BEACH, a Florida Municipal Corporation, hereinafter referred to as "CITY". W I T N E S S E T.H: WHEREAS, the COUNTY and CITY have adjoining areas of water service; and WHEREAS, the COUNTY and CITY desire to guar~ against the potential danger of failure of Water service to the COUNTY or the CITY; and WHEREAS, it is in the best interest of both the COUNTY and the CITY to enter into this Agreement to insure that potable water will be available in an emergency situation· NOW THEREFORE, in consideration of the mutual promises contained herein, the COUNTY and CITY agree as follows: 1. The foregoing recitals are true and correct. The COUNTY and CITY will connect their respective water systems each to'the other in accordance with the specifications to be mutually agreed upon, at two points of connection: one.located at Flavor Pict Road west of the E-3 Canal, as shown on Exhibit "A" attached hereto and incorporated herein; and the other at Bo~nton Beach Boulevard east of the E-3 Canal, as shown on Exhibit "B" attached hereto and incorporated herein. ae COUNTY shall construct the Flavor Pict Road and E-3 Canal interconnect when constructing that portion of the extension of Flavor Pict Road from Military Trail to E1 Clair Ranch Road. CITY shall construct the Boynton Beach Boulevard and E-3 Canal interconnect subsequent to the extension of a COUNTY water main by the developer of the property in the COUNTY Service area immediately west of the E-3 Canal. The COUNTY will be responsible for design of the interconnect at Flavor Pict Road west of the E-3 Canal within a utility easement, and the CITY will be responsible for designing the E-3 Canal crossing, with each party responsible for' the design to connect their respective systems. The CITY will be respopsible for design of an interconnect at Boynt9n Beach Boulevard to be located on its water treatment plant site east of the E-3 Canal, and the COUNTY will be responsible for designing the E-3 Canal crossing, with each party responsible for the design to connect to their respective systems. Each party shall be responsible for monitoring and inspecting their respective water main systems and shall jointly inspect the interconnects. The CITY shall bear all costs of constructing the pipeline from its existing system to the. point of each interconnect. The COUNTY shall bear all costs of constructing the pipeline from its existing system to the point of each interconnect. The COUNTY and CITY shall equally share the cost of constructing the interconnects, including all piping, vaults, meters and appurtenances. Paym~%ts shall be ~oordinated through t~e respective Finance Departments of COUNTY and CITY, and payment shall be furnished within thirty (30) days following receipt of an invoice. The interconnects will be controlled by valving operable by both COUNTY and CITY.- In the event of a water system failure, causing an emergency in either the COUNTY or the CITY, the valves of the party not experiencing the emergency will be opened so as to permit the flow of water to the party experiencing the ~mergency. No supply of water shall be provided except in case of an emergency and upon the following terms and conditions to be determined by the · supplying party: There must be a sufficient surplus of potable water available to meet all anticipated needs of the supplying party. The supplying party may reasonably limit the amount of water to be supplied. The supplying party may reasonably limit the hours or days of supply. The supplying party may require the receiving party to impose use restrictions on its customers as prescribed by the supplying party· With prior written notice to the receiving party, the supplying party may place a reasonable termination date for the emergency supply period which may be extended only by the City Manager for the CITY or the Directer of the Water Utilities Department for the COUNTY. Charges for metered water use through the interconnects shall be at the prevailing cor~odity rate in effect for non-residential customers at the time of furnishing the water with no capacity or fixed charges. The COUNTY commodity rate in effect as of October 1, 1995 is $.75/1000 gallons. The CITY corm~odity rate-in effect as of October 1, 1995 is $1.58/1000 gallons. Either rate is subject to chanqe based on legal authority of the appropriate governing body. When water is utilized, the meter or meters shall be read concurrently by the COUNTY and CITY on approximately the first of each month. Payment by the u~er to the supplier for water consumed shall be within thirty (30) days after receipt of invoice. In' case of an emergency, a written or verbal communication from the City Manager for CITY or the Director of Water Utilities for COUNTY setting forth the emergency and estimated time of use, shall be made and shall be the only request necessary to open the valves. Not withstanding the provisions of Paragraph 5(e) above, turning off the valves will be handled by the same procedure. e Each party to this Agreement expressly acknowledges the right of either party to refuse to provide the emergency water service, as set forth in this Agreement, if the party refusing determines that the provision of such service would not be in its best interest or would constitute a danger to the health, safety and welfare of its citizens, in the event of such refusal, the requesting party agrees to waive any and all claims of loss or damage against the refusing party. This Agreement may be amended.only in writing, executed by both parties to this Agreement. 10. 11. 12. 13. Subsequent to completion of construction of the interconnects, ownership of the interconnect facilities therein shall be joint between the two parties. Responsibilities and costs fOr operation, maintenance, repair and replacement as needed shall be the responsibility of each as follows: me Both parties shall be responsible for security of the interconnectsites, including pro~ision of dual access locking features of the hatch covers of the vault, so that each party can have individual keyed access to the vault. Both parties also shall be responsible in equal measure for operating, maintaining, repairing and replacing, as needed, all structural aspects of the vault, including hatch covers and concrete facilities and the contents of the vault. If the Boynton Beach Blvd. interconnect is located above ground, provisions will be made for dual locking'of valves. Each party .shall own the facilities, up to the interconnect vaults and shall be responsible for operation, maintenance, repair and replacement as necessary. This agreement shall remain in full force and effect until terminated upon.sixty (60) days written notice by either party to the other at its sole discretion after a determination 'that it is in the best interest of either party to terminate. Within the extent permitted by law, CITY shall indemnify and hold COUNTY harmless from and against any and all loss, cost, damage and/or claim on account of injury to persons or property, arising out of the presence on or the use of COUNTY property ky CITY, its employees, agents and invitees. Ho~¢ever, CITY does not indemnify COUNTY from and against any and all loss, cost, damage and/or Claims due to COUNTY's negligence. Within the extent permitted by law, COUNTY shall indemnify and hold CITY harmless from and against any and all loss, cost, damage and/ct claim on account of injury to persons or property, arising out of the presence ~n or the use of CITY property by CO!/NTY, its employees, agents and invitees. However, CO~/NTY does not indemnify CITY from and against any and all loss, cost, damage and/or claims due to CITY's negligence. It is understood and agreed by and between the two parties that if any condition or provision contained in this Agreement is held %o be invalid by any court of competent jurisdiction, such invalidity shall not affect any other condition or provision herein contained, provided that such condition-or provision remains valid. 14. If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney's fees, court costs and all expenses (including taxes) even if not taxable as court costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in additionto any other relief to which such party or parties may be entitled. IN WITNESS WHEREOF, the parties hereto have made and executed this Emergency Water Service Agreement on the date first above written. ATTEST: DOROTHY E. WILKEN, CLERK OF THE CIRCUIT COURT PALM BEACE COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS By: Deputy Clerk Date By: Chair Approved as to Form and Legal Sufficiency: By- County Attorney ATTEST: City Cle~'k ~-- . Approved as to form and legal ity Attorn~// CIT~OF BOYNTO~ BEACS, FLORIDA, BY ITS CITY COUNCIL /yeri '~' ~ T.~or, Mayor PALM BEACH COUNTY AND CITY OF BOYTON BEACH WATER INTERCONNECT FLAVOR PICT ROAD AND E-3 CANAL ST S INTERCONECT LOCATION ~r- F-- DR 8LVD ~ RsL= EXHIBIT A- PALM BEACH COUNTY AND CITY OF BOYTON BEACH WATER INTERCONNECT BOYTON BEACH BLVD. AND E-3 CANAL PI: $ ST S INTERCONEC' PL S ST L-26 3 LUN, LI, CT --. BEACH BLVD INDR~ ~.~N SPRINGS 4 STOr,.~:WO~ 5ROBaWO00 ST. VINCE DePAUL SEMINAF L-~7 & ': EXHIBIT B Board of County Commissioners County Administrator Ken L. Fosfer, Chairman Robert Weisman Burt Aaronson, Vice Chairman R E C EI i/ p v , ) r is Karen T. Marcus Carol A. Roberts Water Utilities Department Warren H. Newell Mary McCarty B 9. _al a Maude Ford Lee 41; 11 % 4 • May 15, 1996 Mr. Pete Mazzella CITY OF BOYNTON BEACH UTILITIES P.O. Box 310 Boynton Beach, FL 33425 Reference: Proposed Potable Water Interconnects Agreement Between Palm Beach County and the City of Boynton Beach (Water Utilities Dept. Project No. 95 -201) Dear Pete: Enclosed are two (2) fully executed originals of the referenced Water Interconnect Agreement (R -96- 567 -D). The Agreement was approved by the Board of County Commissioners on Tuesday, May 7, 1996. One (1) of the originals is for the Utilities Department's records and the other is for receipt of filing by the City Clerk's Office. We are in the process of finalizing the design and permitting for the interconnect to be constructed at Flavor Pict Road and the E -3 Canal. The interconnect will be bid as part of County Engineering's project for the construction of Flavor Pict Road from the E -3 Canal to Military Trail. This project is currently scheduled to be bid and awarded in the 4th quarter of this fiscal year (i.e., July - Sept.). If you have any questions or require additional information, please call either the undersigned or Kaz Yodbut at 641 -3429. 'nce ly, Paul Feldman, P.E., Project Manager WUD Engineering Division PF /mm Enclosure(s) cc: C. Lawton McCall Kaz Yodbut "An Equal Opportunity - Affirmative Action Employer" pntedon recycled paper Box 16097 We.>t Palm Beach, Florida 33416 -6097 (407) 641 -3429 FAX: (407) 641 -3447 R96 - 567 - D WATER INTERCONNECT AGREEMENT BETWEEN PALM BEACH COUNTY AND THE CITY OF BOYNTON BEACH THIS AGREEMENT is made and entered into thi 4 7 1996 day of , by and between PALM BEACH COUNTY, r. Political Subdivision of the State of Florida, hereinafter referred to as "COUNTY ", and the CITY OF BOYNTON BEACH, a Florida Municipal Corporation, hereinafter referred to ae "CITY ". W I T N E S S E T H: WHEREAS, the COUNTY and CITY have adjoining areas of water service; and WHEREAS, the COUNTY and CITY desire to guard against the potential danger of failure of water service to the COUNTY or the CITY; and WHEREAS, it is in the best interest of both the COUNTY and the CITY to enter into this Agreement to insure that potable water will be available in an emergency situation. NOW THEREFORE, in consideration of the mutual promises contained herein, the COUNTY and CITY agree as follows: 1. The foregoing recitals are true and correct. 2. The COUNTY and CITY will connect their respective water systems each to the other in accordance with the specifications to be mutually agreed upon, at two points of connection: one located at Flavor Pict Road west of the E -3 Canal, as shown on Exhibit "A" attached hereto and incorporated herein; and the other at Boynton Beach Boulevard east of the E -3 Canal, as shown on Exhibit "B" attached hereto and incorporated herein. a. COUNTY shall construct the Flavor Pict Road and E -3 Canal interconnect when constructing that portion of the extension of Flavor Pict Road from Military Trail to El Clair Ranch Road. b. CITY shall construct the Boynton Beach Boulevard and E -3 Canal interconnect subsequent to the extension of a COUNTY water main by the developer of the property in the COUNTY Service area immediately west of the E -3 Canal. c•, The COUNTY will be responsible for design of the interconnect at Flavor Pict Road west of the E -3 Canal within a utility easement, and the CITY will be responsible for designing the E -3 Canal crossing, with each party responsible for the design to connect their respective systems. d. The CITY will be responsible for design of an interconnect at Boynton Beach Boulevard to be located on "5: water treat _err s i t :c? 3 ` ` f the E-3 Canal, a •ct the COUNTY will be responsible for designing the E -3 Canal crossing, with each party responsible for the design to connect to their respective systems. e. Each party shall be responsible for monitoring and inspecting their respective water main systems and shall jointly inspect the interconnects. 1 3. The CITY shall bear all costs of constructing the pipeline from its existing system to the point of each interconnect. The COUNTY shall bear all costs of constructing the pipeline from its existing system to the point of each interconnect. The COUNTY and CITY shall equally share the cost of constructing the interconnects, including all piping, vaults, meters and appurtenances. Payme'hts shall be coordinated through the respective Finance Departments of COUNTY and CITY, and payment shall be furnished within thirty (30) days following receipt of an invoice. 4. The interconnects will be controlled by valving operable by both COUNTY and CITY. 5. In the event of a water system failure, causing an emergency in either the COUNTY or the CITY, the valves of the party not experiencing the emergency will be opened so as to permit the flow of water to the party experiencing the emergency. No supply of water shall be provided except in case of an emergency and upon the following terms and condit!ons to be determined by the supplying party: a. There must be a sufficient surplus of potable water available to meet all anticipated needs of the supplying party. b. The supplying party may reasonably limit the amount of water to be supplied. c. The supplying party may reasonably limit the hours or days of supply. d. The supplying party may require the receiving party to impose use restrictions on its customers as prescribed by the supplying party. e. With prior written notice to the receiving party, the supplying party may place a reasonable termination date for the emergency supply period which may be extended only by the City Manager for the CITY or the Director of the Water Utilities Department for the COUNTY. 6. Charges for metered water use through the interconnects shall be at the prevailing commodity rate in effect for non-residential customers at the time of furnishing the water with no capacity or fixed charges. The COUNTY commodity rate in effect as of October 1, 1995 is $.75/1000 gallons. The CITY commodity rate in effect as of October 1, 1995 is $1.58/1000 gallons. Either rate is subject to change based 011 legal authority of the appropriate governing body. When water is utilized, the meter or meters shall be read concurrently by the COUNTY and CITY on approximately the first of each month. Payment by the user to the supplier for water consumed shall be within thirty (30) days after receipt of invoice. 7. In case of an eme,rgency, a written or verbal communication from the City Manager for CITY or the Director of Water Utilities for COUNTY setting forth the emergency and estimated time of use, shall be made and shall be the only request necessary to open the valves. Not withstanding the provisions of Paragraph 5(e) above, turning off the valves will be handled by the same procedure. 2 8. Each party to this Agreement expressly acknowledges the right of either party to refuse to provide the emergency water service, as set forth in this Agreement, if the party refusing determines that the provision of such service would not be in its best interest or would constitute a danger to the health, safety and welfare of its citizens. in the event of such refusal, the requesting party agrees to waive any and all claims of loss or damage against the refusing party. 9. This Agreement may be amended only in writing, executed by both parties to this Agreement. 10. Subsequent to completion of construction of the interconnects, ownership of the interconnect facilities therein shall be joint between the two parties. Responsibilities and costs for operation, maintenance, repair and replacement as needed shall be the responsibility of each as f'llows: a. Both parties shall be responsible for security of the interconnect sites, including pro•,:ision of dual access locking features of the hatch covers of the vault, so that each party can have individual keyed access to the vault. Both parties also shall be responsible in equal measure for operating, maintaining, repairing and replacing, as needed, all structural aspects of the vault, including hatch covers and concrete facilities and the contents of the vault. If the Boynton Beach Blvd. interconnect is located above ground, provisions will be made for dual locking of valves. b. Each party shall own the facilities up to the interconnect vaults and shall be responsible for operation, maintenance, repair and replacement as necessary. 11. This agreement shall remain in full force and effect until terminated upon sixty (60) days written notice by either party to the other at its sole discretion after a determination that it is in the best interest of either party to terminate. 12. Within the extent permitted by law, CITY shall indemnify and hold COUNTY harmless from and against any and all loss, cost, damage and /or claim on account of injury to persons or property, arising out of the presence on or the use of COUNTY property by CITY, its employees, agents and invitees. However, CITY does not indemnify COUNTY from and against any and all loss, cost, damage and /or claims due to COUNTY's negligence. Within the extent permitted by law, COUNTY shall indemnify and hold CITY harmless from and against any and all loss, cost, damage and/or claim on account of injury to persons or property, arising out of the presence on or the use of CITY property by COUNTY, its employees, agents and invitees. However C(;vtNTV does net i nd f C T from and against any r_,nd all loss, cost, damage and /or claims due to CITY's negligence. 13. It is understood and agreed by and between the two parties that if any condition or provision contained in this Agreement is held to be invalid by any court of competent jurisdiction, such invalidity shall not affect any other condition or provision herein contained, provided that such condition or provision remains valid. 3 14. If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney's fees, court costs and all expenses ( including taxes) even if not taxable as court costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled. IN WITNESS WHEREOF, the parties hereto have made and executed this Emergency Water Service Agreement on the date first above written. ATTEST: PALM BEACH COUNTY, FLORIDA, DOROTHY H. WILKEN, CLERK BY ITS BOARD OF COUNTY OF THE CIRCUIT COURT COMMISSIONERS By: ?. By: 10,N, eputy Clerk Date % hair MAY " 1, ;a1 ,, `z "� $e4 s' Cif, Approved as to Form and z 4 0' �,; Y COUNTY, Sufficiency: �m: C� Y, � � ice: , , # , 4 . ` x`4 O R 10 By • V V )1(42(ttt +4 S e. ounty Attorney ATTEST: CITY OF BOYNTON BEACE, FLORIDA, BY ITS CITY COUNCIL ` a.4e. c7,_,0. BY: )i-f ' Y �7 City Clerk err Ta or, Mayor r 1 u Approved as to form and legal Sufficiency: d ity Attorn R96 ~56 4 s I r. 1 4 A PALM BEACH COUNTY AND CITY OF BOYTON BEACH WATER INTERCONNECT FLAVOR PICT ROAD AND E -3 CANAL g CRYST . r � as m : a` a it u 4 p Igew 'Sl Wes• a c `� g It 6 vLL R F CORES :IRY1Cana" P i - , K 0 , gro cAS _ B GROVE OR AY ISLES L-28 0 DR tiNPOINTE l GLF,�N BLVD T GOLF ¢ PIPER C 4 N, PAST 1 ! . , Gs. 9 i W o g I y p L I H(U ae _. cam 1 ,-;., i ' _ �1a I`AVOGDOui N # GNP y i g wV • V _ c� Al. 1W --�. i�'4•Y m razz eeae ,, / �+ • .3 � Q $' Q. ' n I R 1_ PALM DR 0 `Y 1 9 6 • PAIJdEUO N - �. � 4 x �• 0 Q a z 1R�USDR c> 2 1x29 VILUS Z CC a m Cd7 S COLONIAL DR i L-29 INTERCONECT LOCATION J - 0 FLAVOR PICT RD • COCONUT ST S w Cl__ W PEBBLE ` ° w ' 3 BRIGNTWA R 1 MGR= WI ___ JAL_ — . $ TER C2n3f r • d , o' N V(Y • O gg 2 3 .. PISSAGRk EEN 1 GREENWOOD Kai CC • .44` t sorik.E 0 � . PINETREE DR ' - V-01 1 `. 7 .. , U 1 SUNRISE BLVD EXHIBIT A • • r ' • .• rz . i • PALM BEACH COUNT'( AND CITY OF BOYTON BEACH WATER INTERCONNECT BOYTON BEACH BLVD. AND E -3 CANAL - �' i :I • - ALDEN - 101vt UK - - --, ti... s m �` `l•• - F�ARAGOT ff a 98 S LL IT^ 4� VERONA • _ - - - - -- Q 00r— , ,� gems l = is � SUMMERS ROOOR .g BOYNTO a/ BEACH a BLVD a ai • INTERCONECT LOCATION ,„I 2 y U GRWE v l a 5 90 .. 7 ,a H 0 3AURAANU1fE1N 3 PINE 3 a d ` �` ' .. 2 DR o ,y CC 4SUMERLAELN o A S SPRING LAKE LN a M3 2 • -' PL S 102 PL S 6 WINTER LAKE IH ■ - G s 1 -` ANDREA tN JARRET BN CO1ClEIAKEDR S ' YNfON Uy DR a ' q al M 9 S CIRCLE LAKE OR TARACT 10CENTERCO is yl �� HILL O URTO R d .. WITCH Q BLVD 0 S.v 11 S ENDUI(EOR y �R [ AYE WY �'. � 1 YNR7N MA \ 18REEZY LAKE IN P ;•ttrt i E W LAKE ii 1. , 53 •s 3 O'HARA AV i3.00.0.. V 1 PL S 105 ST S L•25 11 STORYBOOK IN 5 _ 1 t Canal $ 8 9p 2. 1 LN P 6E iii ' 1 TAOPK:PALYAV e... J M 1 H c C K H Ya00DPl U �" FANCt C7 Z 20CEANPAL 1 2WU INDIAN 4. Q 3PALMETTOPANCT s O 03 c' c`- H 1 N' Ix A FIG PAURY I °C 4 0 Pl LEAP CT c cc _ t 107PLS WASILGICRIA PALM 5 8 4 LAURELW000 PL CC AP I— BOXYIO 107 PL S ` 2� 3 9 P P PALM CT �• _ 3 1 CNESTW000 RD S �' � A 8K74SVO3ORD 1 B M W PAL 2KAA1PURCTT ML FO U 12 BMW d 3 LUNA CT ST S W I 13GGARDENNilCT 1 d S ST S 110 L-26 BROOKVIEW v Ali • In. Q. EN c3t IN � SPRINGS '6 2 - a" AV �r!1 `d \e DR S 4 cf 0 , • •., C� �, ST. VINCE 1/4 pp' g 4, DePAUI G c� SEMINAF v ® C/q O Alt: o ROOK FIP CC L-27 ° P � � COURSE & \ � � vac 2 V 1 P iii p e COuN ; uv , , EOM,,'.; ¢ v G..� . 6 °Ft _ ,� . • CIR Jd v Q EENSP�p E oP DUN S L.� 'c0 EXHIBiT B