R22-076 1 RESOLUTION NO. R22-076
2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
3 AUTHORIZING THE INTERIM CITY MANAGER TO SIGN THE INTERLOCAL
4 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE TOWN OF
5 LANTANA FOR WATER MAIN INTERCONNECTION; AND PROVIDING AN
6 EFFECTIVE DATE.
7
8 WHEREAS, the Town of Lantana and the City of Boynton have water lines in close
9 proximity to each other along Hypoluxo Road between Seacrest Boulevard and San Castle
10 Boulevard and can guard against the danger of failure of water service to customers within their
11 service areas; and
12 WHEREAS, the City and the Town wish to renew an Interlocal agreement which ensures
13 that potable water will continue to be available in an emergency situation pursuant to Section
14 163.01, Florida Statutes; and
15 WHEREAS, having interconnection enhances the respective water distribution system's
16 interconnectedness for security, emergency, and vulnerability preparedness; and
17 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the
18 recommendation of staff, deems it to be in the best interests of the City residents to approve and
19 authorize the Interim City Manager to sign the Interlocal agreement between the City of Boynton
20 Beach and the Town of Lantana for water main interconnection.
21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
22 BOYNTON BEACH, FLORIDA, THAT:
23 Section 1. Each Whereas clause set forth above is true and correct and incorporated
24 herein by this reference.
25 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby
26 approve and authorize the Interim City Manager to sign the Interlocal agreement between the
27 City of Boynton Beach and the Town of Lantana for water main interconnection. A copy of the
28 Interlocal Agreement is attached hereto as Exhibit "A".
S:\CA\RESO\Agreements\ILA With Lantana For Interconnect-Reso.Docx
29 Section 3. That this Resolution shall become effective immediately upon passage.
30 PASSED AND ADOPTED this 7th day of June, 2022.
31 CITY OF BOYNTON BEACH, FLORIDA
32
33 YES NO
34
35 Mayor—Ty Penserga /
36
37 Vice Mayor—Angela Cruz ✓
38 /
39 Commissioner—Woodrow L. Hay �/
40
41 Commissioner—Thomas Turkin /
42 /
43 Commissioner—Aimee Kelley /
44
45 VOTE - 0
46 ATTEST:
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50 Mayle: D J- .us, MMC �;ISS ; S
51 City Cler 1 1 c..)S 1N�R?olvav
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54 (Corporate Seal) �' FLOR,,
S:\CA\RESO\Agreements\ILA With Lantana For Interconnect-Reso.Docx
INTERLOCAL AGREEMENT BETWEEN THE CITY OF
BOYNTON BEACH AND THE TOWN OF LANTANA FOR
WATER MAIN INTERCONNECTION
TH1AGREEMENT ("Agreement" or "Interlocal Agreement"), is made and entered into
Unk_ -1 , 2022, by and between the City of Boynton Beach, a Florida
municipal corporation (hereinafter "City"), and the Town of Lantana, a Florida municipal , 1
corporation (hereinafter "Town") collectively referred to as the "Parties" or individually referred
to as a "Party".
WITNESSETH:
WHEREAS, the Town and the City have water lines installed in close proximity to each
other along Hypoluxo Road between Seacrest Boulevard and San Castle Boulevard in Palm
Beach County, Florida; and
WHEREAS, the Town and the City desire to guard against the potential danger of
failure of water service to customers within their service areas and to enhance their respective
water distribution systems interconnectedness for security, emergency, and vulnerability
preparedness; and
WHEREAS, interconnections for water distribution systems are encouraged by the
South Florida Water Management District and the Environmental Protection Agency to provide
alternative sources of treated water in the event of an emergency or system failure; and
WHEREAS, on January 24, 2012, the Town and the City entered into an Interlocal
Agreement for Water Main Interconnection for a term of five (5) years; and
WHEREAS, effective November 2, 2016, the Town and the City entered into a First
Addendum to Interlocal Agreement for Water Main Interconnection to extend the term of the
Interlocal Agreement through January 23, 2022; and
WHEREAS, the Town and the City failed to renew the January 24, 2012 Interlocal
Agreement for Water Main Interconnection,which has now expired; and
WHEREAS, it is in the best interests of both the Town and the City to enter into this
new Agreement to ensure that potable water will continue to be available in an emergency
situation; and
WHEREAS, the Town and the City desire to address their mutual concern by entering
into this Interlocal Agreement pursuant to Section 163.01, Florida Statutes.
NOW, THEREFORE, IN CONSIDERATION of the mutual covenants hereinafter set
forth the parties hereto hereby agree as follows:
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SECTION 1. PURPOSE
The Town's water system will remain connected to the water system of the City in accordance
with the mutually agreeable specifications and in accordance with contract documents entitled
"Town of Lantana Water Main Interconnections,"dated September 2, 2003,prepared by Mathews
Consulting, Inc. Such water main interconnection(s) between the Town and the City shall
hereinafter be referred to as the "Interconnection(s)"or"Project."
SECTION 2. LOCATION OF INTERCONNECTIONS.
The two (2) Interconnection(s) governed by this Agreement are located as follows:
a. The first Interconnection is located on the northeast corner of Hypoluxo Road and
South 13th Court near Seacrest Boulevard ("Interconnection No. 1").
Interconnection No. 1 ties into the Town's eight (8") inch water main on the north
side of Hypoluxo Road and the City's eight (8") inch water main on the south side of
Hypoluxo Road.
b. The second Interconnection is located on the southeast corner of Hypoluxo Road and
San Castle Boulevard ("interconnection No. 2"). Interconnection No. 2 ties in the
Town's eight (8") inch water main on the north side of Hypoluxo Road and the City's
eight(8")inch water main on the south side of Hypoluxo Road.
c. The Interconnect(s) will be controlled by two (2) valves, one (1) of which will be
operable by the Town and one of which will be operable by the City.
Each party shall be responsible for monitoring and inspecting their respective water distribution
systems and shall jointly inspect the Interconnects.
SECTION 3. INTERCONNECTION; PROCEDURES; CONDITIONS.
The Interconnection(s) will be controlled by two (2) valves (for each meter); one (1) of which
will be operable by the Town and one (1) of which is operable by the City. In the case of a
planned or unplanned water system disruption or other emergency causing a water service
disruption or emergency water service failure in either the Town or the City (a "Water Service
Emergency"), the valve of the party not experiencing the Water Service Emergency (the
"Supplying Party") may be opened so as to permit the flow of water to the party experiencing the
(00131634.1 3069001821) 2
Water Service Emergency (the "Receiving Party"). No supply of water to the Receiving Party
shall be provided except in case of a Water Service Emergency and only under the following
terms and conditions as determined at the sole discretion of the Supplying Party:
a. A sufficient surplus of potable water exists to meet the Supplying Party's anticipated
water demands;
b. The Supplying Party may limit the amount of water to be supplied in order to meet
the Supplying Party's anticipated water demands;
c. The Supplying Party may limit the hours or days of supply in conjunction with the
estimated demands on either party's water system;
d. The Supplying Party may condition the provision of water upon the requirement that
the Receiving Party impose use restrictions on its customers as prescribed by the
Supplying Party; and
e. The Supplying Party may place an automatic expiration date upon Water Service
Emergency supply period which may be extended only by the Supplying Party's
(
City/Town Manager or their authorized designee.
SECTION 4. INTERCONNECTION MEASUREMENT AND COSTS.
The potable water used will be measured by eight (8") inch turbine meters with a capacity of
three thousand five hundred (3,500) gallons per minute. Charges for metered water use through
the Interconnection shall be at the prevailing lowest commodity rate of the Supplying Party for
non-residential customers at the time the potable water is supplied. No capacity or other fixed
charges shall be assessed. Adjustments to said charges shall be made by written addendum to
this Interlocal Agreement. When water is utilized through the Interconnection, the meter or
meters shall be read concurrently by the City and the Town on approximately the first (15`)
business day of each month. Monies owed by the Receiving Party to the Supplying Party for
water consumed during a Water Service Emergency under the terms of this Agreement shall be
paid to the Supplying Party within thirty (30) days after the furnishing of a invoice for the
Interconnection water service. Invoices will be provided for each thirty (30) day increment, or
portion thereof, during the duration of a Water Service Emergency.
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SECTION 5.INTERCONNECTION REQUEST AND TERMINATION.
Upon the occurrence of a Water Service Emergency, a written communication from the
City/Town Manager or his authorized designee of the Receiving Party requesting the opening of
the Interconnection valve, setting forth the nature of the Water Service Emergency and providing
an estimated duration of the Water Service Emergency (the "Interconnection Request") shall be
faxed or e-mailed, if at all possible, at least forty-eight (48) hours prior to the start of such Water
Service Emergency. The Interconnection Request by the Receiving Party is the only
communication necessary prior to a water service supply decision by the Supplying Party.
Notwithstanding the above, in the event of an actual emergency where advance notice cannot be
provided, the Supplying Party's Manager or his designee may authorize the opening of the
Interconnection valve without the Interconnection Request, but the Interconnection Request
must be then provided and a decision to open the Interconnection valve must be reviewed by the
applicable Town or City Staff members within twenty-four (24) hours of valve opening in order
that certain conditions as set forth hereinabove at Section 3 may be imposed or to allow the
Supplying Party the right of refusal of the request as provided for herein at Section 7. A request
to discontinue the water service through the Interconnection at the end of a Water Service
Emergency must be provided by fax or e-mail by the Receiving Party's City/Town Manager or
his/her authorized designee at least forty-eight (48) hours prior to the proposed shut-off of the
Interconnection valve.
SECTION 6. TERM; RENEWAL
It is understood by both parties that the term of this Interlocal Agreement is five (5) years. This
Interlocal Agreement may be renewed for additional five (5) year periods upon the mutual,
written consent of the parties, which consent must be reached by the parties prior to the
expiration of the term or any extended term. In the event that the Interlocal Agreement is not
renewed, this Interlocal Agreement shall automatically terminate at the end of the five (5) year
term.
SECTION 7. RIGHT OF REFUSAL
Each party to this Interlocal Agreement expressly acknowledges the right of either party to
refuse to provide the Emergency Water Service, as set forth in this Interlocal Agreement, if the
City/Town Manager of the Supplying Party which refuses the Interconnection Request
(00131634.1 306.9001321) 4
determines that the provision of such service would not be in the best interest or would
constitute a danger to the health, safety and welfare of its citizens, for any reason whatsoever. In
the event of such a refusal, the parties agree that neither party has a claim against the other for
the exercise of the Supplying Party's right to refuse the provision of water service under this
Agreement.
SECTION 8. LIABILITY
The parties to this Interlocal Agreement shall not be deemed to assume any liability for the
negligent or wrongful acts, or omissions of the other party, and each party agrees to be
responsible for its own acts, omissions, negligence, and willful misconduct, and the acts,
omissions, negligence, and willful misconduct of its employees, officers, and agents. Nothing
contained herein shall be construed as a waiver, by either party, of the liability limits,
protections, and immunities established in Sec. 768.28, Florida Statutes.
SECTION 9. GOVERNMENTAL POWERS
Both parties acknowledge that this an Interlocal Agreement under Chapter 163, Florida Statutes,
and that each party shall retain all legislative authority with regard to its respective governing
body. All of the privileges and immunities from liability; exemptions from laws, ordinances, and
rules; pensions and relief, disability, workers' compensation, and other benefits which apply to
the activity of officers, agents or employees of any public agency when performing their
respective functions within the territorial limits for their respective agency shall apply to the
same degree and extent to the performance of such functions and duties of those officers, agents,
or employees extra-territorially under the provisions of any Interlocal Agreement. All provisions
of this Agreement calling for the expenditure of ad valorem tax revenue by either the City or the
Town are subject to annual budgetary funding, and should either party involuntarily fail to fund
any of their respective obligations pursuant to this Agreement, this agreement may be
terminated.
SECTION 10. NOTICE
Any notice given pursuant to the terms of this Agreement shall be in writing and done by Email
or Certified Mail, Return Receipt Requested. The effective date of such notice shall be the date
{00131634.1 306-9001621) 5
of receipt, as evidenced by the Email or Return Receipt. All notices shall be addressed to the
following:
As to City: Attn: City Manager
City of Boynton Beach
100 East Ocean Avenue
Boynton Beach,FL 33435
As to Town: Attn: Town Manager
Town of Lantana Town of Lantana
500 Greynolds Circle
Lantana, FL 33462 ##
Notices shall be effective when delivered to the address specified above. Changes in the respective
addresses to which such notice may be directed may be made from time to time by any Party by
written notice to the other Party. Facsimile and email are acceptable notice effective when
received, however, facsimiles and emails.received (i.e., printed) after 5:00 p.m. or on weekends or
holidays, will be deemed received on the next business day. The original of the notice must
additionally be mailed as required herein.
SECTION 11. MISCELLANEOUS
A. This Agreement shall be governed by the laws of the State of Florida. Any legal action to
enforce the Agreement will be filed in Palm Beach County. In any litigation brought to
enforce the terms of this Interlocal Agreement, the Parties shall bear their own costs and
attorney's fees incurred in connection therewith. BY ENTERING INTO THIS
AGREEMENT, THE PARTIES EXPRESSLY WAIVE ANY RIGHT THE PARTIES
MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION OR ANY CLAIM
RELATED TO THIS AGREEMENT.
B. This Interlocal Agreement shall take effect upon its execution by both parties and
upon being filed with the Clerk of the Circuit Court.
C. This Interlocal Agreement constitutes the entire agreement between the parties. This
Interlocal Agreement may be amended only in writing,executed by both parties to this
Interlocal Agreement.
D. This Interlocal Agreement shall be executed in triplicate by both parties and filed for
record by the Town with the Clerk of the Circuit Court of Palm Beach County, Florida
pursuant to Section 163.01(11), Florida Statutes.
(00131634.13069001821} 6
E. The Parties are public agencies subject to Chapter 119, Fla. Stat. The Parties shall
comply with all public records laws in accordance with Chapter 119, Fla. Stat. In
accordance with state law, the Parties agrees to:
1) Keep and maintain all records that ordinarily and necessarily would be
required by the Parties.
2) Provide the public with access to public records on the same terms and
conditions that the Parties would provide for the records and at a cost that does not
exceed the costs provided in Chapter 119, Fla. Stat. or as otherwise provided by law.
3) Ensure that public records that are exempt or confidential and exempt
from public records disclosure are not disclosed except as authorized by law.
4) Meet all requirements for retaining public records and transfer, at no cost,
to the Parties all records in possession of the Parties at the termination of this
Agreement and destroy any public records that are exempt or confidential and exempt
from public records disclosure requirements. All records stored electronically must be
provided to the Parties in a format that is compatible with the information technology
systems of the Parties. All records shall be transferred to the Parties prior to final
payment being made to the Parties.
5) If either Party does not comply with this section, the non-breaching Party
shall enforce the Agreement provisions in accordance with this Agreement and may
unilaterally cancel this Agreement in accordance with state law.
(This Space is Intentionally Blank; Signature Page to Follow)
(00131634.1 3064001821) 7
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on
the date and year first written above.
ATTEST: CITY OF BOYNTON BEACH
B • 41 ll ill
0 _ By:
-• �!e 4, MMC, Clerk ame: James Stables
rfajk�1c_ I Title: Interim City Manager
APPROVED AS TO FORM AND --;,OTON N•6,`‘‘‘%.
LEGAL SUFFICIENCY , 0� • �e E •*I,IA
5SP� s
B °/.y: 20
City Attorney 19 •••P
FLOR\_=
ATTEST: TOWN OF LANTANA
By:. alp y: Za-b- ////111, --
Name:
/ -Name: Brian K. Raducci
Title: Town Manager
APPROVED AS TO FOR A D
LEGAL SUFFICIENC '
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By: ' Lap/l: VA.% ;.
Town a tt fr ey
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(00131634.1 306-9001821) 8