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R05-087 1 RESOLUTION NO. R05- Del 2 3 4 A RESOLUTION OF THE CITY OF BOYNTON 5 BEACH, FLORIDA, RATIFYING THE ACTION 6 TAKEN BY THE SOUTH CENTRAL REGIONAL 7 WASTEWATER TREATMENT AND DISPOSAL 8 BOARD ON APRIL 21, 2005, AS SET FORTH IN 9 EXHIBIT "A" ATTACHED HERETO; 10 AUTHORIZING AND DIRECTING THE CITY 11 MANAGER AND CITY CLERK TO EXECUTE 12 SAID AGREEMENT; AND PROVIDING AN 13 EFFECTIVE DATE. 14 15 16 WHEREAS, The South Central Regional Wastewater Treatment & Disposal 17 Board (SCRWTDB) requests ratification of the action taken by the Board at the Quarterly 18 Meeting of April 21, 2005, as set forth in the attached Exhibit "A". 19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 20 OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: 21 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 22 as being true and correct and are hereby made a specific part of this Resolution upon 23 adoption. 24 Section 2. The City Commission does hereby ratify the action taken by the 25 South Central Regional Wastewater Treatment & Disposal Board on April 21, 2005, as set 26 forth in the attached Exhibit "A". 27 Section 3. This Resolution shall take effect immediately upon passage. 28 29 30 S:ICAIRESOISCRWTDB Annual Meeting 10-21-04 Ratification,doc 1 2 3 4 5 6' 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 PASSED AND ADOPTED this ~ day of May, 2005. CITY OF FLORIDA BOYNTON BEACH, ATTEST: S:\CA\RESO\SCRWTDB Annual Meeting 10-21-04 Ratification,doc / lee Mayor ~ 7¿~( /J- h:=er.. . ' é,~ Commissioner Commissioner ~05-087 INTERLOCAL AGREEMENT FOR THE DELIVERY AND USE OF RECLAIMED IRRIGATION WATER THIS AGREEMENT entered into between SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD, with a mailing address of 1801 North Congress Avenue, Delray Beach, Florida 33445, hereinafter called "BOARD," and the CITY OF DELRA Y BEACH, a Florida municipal corporation, with a mailing address of 100 N.W. First Avenue, Delray Beach, Florida 33444, hereinafter called "DELRA Y BEACH." WIT N E SSE T H: WHEREAS, BOARD maintains and operates an area-wide Wastewater Treatment System which is capable of producing reclaimed water which may be used for productive and beneficial purposes for agricultural and urban irrigation in accordance with local, state and federal guidelines; and WHEREAS, the BOARD is a Special District created by Interlocal Agreement between DELRA Y BEACH and the City of Boynton Beach for the purpose of treating wastewater produced by the customers of DEL RAY BEACH and the City of Boynton Beach, as well as producing reclaimed water therefrom and distributing the same to DELRA Y BEACH and the City of Boynton Beach for redistribution to their customers; and WHEREAS, BOARD agrees to deliver reclaimed water and DELRA Y BEACH agrees to receive and beneficially use this reclaimed water for the purposes set forth in this Agreement; and WHEREAS, local governments are encouraged to implement programs for the use of reclaimed water by the State of Florida; and WHEREAS, BOARD has determined to assist the citizens of the BOARD's regional area who utilize large quantities of groundwater by making available reclaimed water as an alternative source of water supply; and WHEREAS, BOARD operates a reclaimed water program approved by the Department of Environmental Protection. NOW THEREFORE, based upon the foregoing, the parties agree to the following terms and conditions: 1. TERM OF AGREEMENT, COSTS AND METERING BOARD shall deliver and DELRA Y BEACH shall accept and use reclaimed water to fulfill their irrigation needs, produced by BOARD at the South Central Regional Wastewater Reclaimation Plant unless the flow is unavailable. Such water shall be delivered to location(s), hereinafter the "delivery point," as described in Exhibit "A." BOARD shall perform its obligations of delivery of reclaimed water and DELRA Y BEACH shall perform its obligation of acceptance of such water as herein provided. (a) This Agreement shall be effective until terminated by either party. (b) The BOARD will make available to DELRA Y BEACH up to fifty percent (50%) of the reclaimed water produced by the Regional Facility. (c) DELRA Y BEACH will pay to the BOARD a monthly consumption charge which will be adjusted annually effective October 1 of each year based upon the rate set by the BOARD. Notwithstanding the foregoing, in order to meet the fixed overload of the reuse system during the initial year of operation, DELRA Y BEACH, the BOARD and the City of Boynton Beach each will need to guarantee a minimum purchase per month. Accordingly, DELRA Y BEACH agrees to pay a minimum of Four Thousand Thirty Dollars -2- ($4,030.00) per month regardless of the consumption charge for the volume of reclaimed water actually received being lower than minimum purchase during the first year ofthis Agreement, with the minimum purchase to be adjusted annually thereafter by the parties. To the extent that the BOARD shall incur a deficit in its reclaimed water revenues compared to the cost of producing same, DELRA Y BEACH agrees to pay to the BOARD fifty percent (50%) of such deficit. (d) DELRA Y BEACH acknowledges that the BOARD has other large users of reclaimed water, which currently have contracts with the BOARD. The BOARD will supply its reclaimed water customers based on their contract priority and their beneficial use of the water should a shortfall of supply occur. 2. USE OF RECLAIMED WATER; RESPONSIBILITY FOR IRRIGATION SYSTEM (a) DELRA Y BEACH shall use reclaimed water delivered by the BOARD for irrigation or for other non-potable purposes in any manner determined by DELRA Y BEACH, except that use, application and discharge of reclaimed water shall comply with local, state, and federal regulations, (b) DELRA Y BEACH shall be solely responsible for the operation and maintenance of all portions of the distribution and irrigation system located within the subj ect property boundaries specified in Exhibit "A," attached herewith. 3. WATEROUALITY BOARD agrees that reclaimed water delivered under this Agreement shall meet or exceed the requirements of Chapter 62-610, Part ill, Florida Administrative Code and the -3- standards set forth in Exhibit "B." 4. VOLUME OF DELNERY The normal operating pressure range for the reclaimed water system is between 50 psi and 70 psi. The BOARD will make every effort to deliver reclaimed water at a minimum pressure of 60 psi at point of delivery. Should DELRA Y BEACH wish to alter the reclaimed water operating delivery pressure, it shall be DELRA Y BEACH'S sole responsibility to furnish and install a pressure reducing valve or booster pump on the property side of the meter service. Reclaimed water shall be delivered by the BOARD to only one delivery point as mutually determined by the BOARD and DELRA Y BEACH. DELRA Y BEACH will be responsible for distribution on its property beyond said point. DELRA Y BEACH hereby provides a license to the BOARD to enter on DELRA Y BEACH'S property for the purposes of access to monitoring wells, if applicable for inspection, and to determine compliance ofthe use of reclaimed water of the distribution system. The BOARD will, at its expense, construct, operate, and maintain the transmission lines to the delivery point. DELRA Y BEACH shall not request more reclaimed water than can be beneficially used by DELRA Y BEACH. 5. CONDITIONS DELNERY OF RECLAIMED WATER UNDER ADVERSE Unforeseen circumstances may necessitate modification of normal delivery of reclaimed water. If BOARD'S system or DELRA Y BEACH'S transmission or distribution system fails for reasons or events beyond either party's control; then, delivery of reclaimed water under this Agreement may be interrupted or limited in quantity. The BOARD and DELRA Y BEACH shall make all reasonable efforts to make prompt repairs to its respective -4- system. Each party shall be obligated to the other to provide immediate oral notice of such failures so that alternate systems may be put into operation as soon as possible. Nothing in this agreement shall require the interconnection of the South Central Regional Wastewater Reclaimation Plant to provide additional flow to DELRA Y BEACH. 6. TEMPORARY SUSPENSION OF DELIVERY The BOARD may suspend delivery of reclaimed water should the quality of the reclaimed water exceed any of the parameters for water quality shown on Exhibit "B." Nothing in this Agreement shall prevent DELRA Y BEACH from keeping a permitted backup supply to replace this reclaimed water should it become unavailable for whatever reason. 7. OPERATION AND MAINTENANCE PRACTICES DELRA Y BEACH will apply reclaimed water in accordance with all appropriate local, state, and federal rules and regulations. Irrigation practices are to be limited to those areas permissible by the Department of Environmental Protection and identified in Exhibit "A" of the Agreement. Reclaimed water irrigation systems shall protect human health and the environment; which includes, but is not limited to, the following: (a) DELRA Y BEACH shall install Reclaimed Water advisory signs as appropriate. The signs shall be installed and properly maintained by DELRA Y BEACH around sites utilizing reclaimed water to designate the nature of the water and its non-potability. In compliance with applicable rules and the following items: Property access points Along road frontage Along adjoining residential usage -5- For (Spanish) speaking employees - use sign in Spanish For golf courses - sign at first and tenth tee (b) DELRA Y BEACH will take reasonable precautions to clearly identifY reclaimed water irrigation systems to prevent inadvertent human consumption. (c) DELRAY BEACH shall ensure that no cross-connections are made between the reclaimed water system and other water systems, which includes the installation of backflow prevention devices on the potable water system; and on existing wells that are to remain connected for either potable water usage or for irrigation system purposes. The installation of back flow devices shall adhere to DELRA Y BEACH'S (use), as amended. DELRA Y BEACH shall be responsible for ensuring the installation of the required backflow preventing devices. (d) DELRA Y BEACH shall take reasonable precautions to infonn its employees, agents, residents, and invitees of the reclaimed water system, to prevent inadvertent human consumption. In addition, if applicable, DELRA Y BEACH shall infonn all existing residents and new residents regarding the proper use of reclaimed water. (e) All costs fór operating and maintaining DELRAY BEACH'S irrigation distribution system shall be paid by DELRA Y BEACH. 8. MONITORING (a) DELRAY BEACH shall give its approval to the BOARD to conduct soil borings and locate monitoring wells, if applicable, on the property in areas agreeable to DELRAY BEACH so as not to interfere with DELRAY BEACH'S operations. These -6- monitoring wells shall be installed and sampled at periodic intervals by the BOARD, at its option. (b) The BOARD shall be responsible for all permits to install monitoring wells and responsible for abandonment of the well should it no longer be necessary for monitoring. 9. EXCUSE FROM PERFORMANCE BY GOVERNMENTAL ACTS If for any reason during the term of this Agreement, governmental agencies shall fail to issue necessary permits, grant necessary approvals, or shall require any change in the operation of the treatment, transmission and distribution systems or the application and use of reclaimed water by DELRA Y BEACH, then to the extent that such requirements shall affect the ability of any party to perform any of the terms of this Agreement, the affected party shall be excused from performance thereof and this Agreement shall be amended by the parties hereto in conformity with such permits, approvals, or requirements. If continued performance of the Agreement is not possible, the Agreement shall be terminated. 10. TERMINATION OF AGREEMENT Either party shall have the right to terminate this Agreement upon sixty (60) days written notice to the other party. 11. DISCLAIMER OR REPRESENTATION AND W ARRANTŒS The BOARD does not represent or warrant that the reclaimed water delivered shall increase the productivity of the land described in Exhibit "A" nor result in changes of any kind to the land, crops or vegetation. -7- 12. NOTICES All notices required or authorized under this Agreement shall be given in writing and shall be delivered by U.S. Mail or by hand delivery to the party or parties, addressed as follows: City of Delray Beach 100 N. W. First Avenue Delray Beach, FL 33444 With a copy to: City Attorneys' Office 200 N. W. First Avenue Delray Beach, FL 33444 South Central· Regional Wastewater Treatment & Disposal Board 1801 North Congress Avenue Delray Beach, FL 33445 With a copy to: Robert W. Federspiel, P.A. Spinner, Dittman, Federspiel & Dowling, LLP 151 N.W. First Avenue Delray Beach, FL 33444 13. INSPECTION The BOARD shall have the right when reasonably necessary to allow BOARD employees or agents to enter upon the subject property to review and inspect DELRA Y BEACH'S operating practices, to inspect meters, irrigation equipment, monitoring wells, potential cross connections, flowage, and the like, as they relate to this Agreement. -8- 14. HOLD HARMLESS To the extent permitted by law, DELRA Y BEACH shall hold the BOARD, its agents, employees, assigns, contractors or subcontractors harmless for any damage caused by the BOARD'S inability to deliver water to the delivery point or for damage which occurs as a result of the quality of the reclaimed water so long as it meets the standards outlined in paragraph 3. 15. DISCLAIMER OF THIRD PARTY BENEFICIARIES This Agreement is solely for the benefit of the parties hereto and no right or cause of action shall accrue to, by reason hereof, or for the benefit of any third party not a party hereto. 16. SEVERABILITY If any part of this Agreement or any application thereof to any person or circumstance is declared invalid for any reason, then such part, section, subsection, or other portion, or the prescribed application thereof, shall be severable and the remaining provisions of this Agreement, and all applications thereof not having been declared invalid, shall remain in effect. 17. APPLICABLE LAW This Agreement shall be construed according to the laws of Florida and any action regarding this Agreement shall be filed in the Fifteenth Judicial Circuit in and for , Palm Beach County. 18. EXHIBITS AND ADDENDUM This Agreement incorporates the following exhibits and addendum which -9- are specifically made a part hereof. Exhibit "A" - Legal Description of Property and Map of the Property Exhibit "B" - Reclaimed Water Quality Parameters THIS WRITING (with Exhibits "A" and "B") constitutes the entire Agreement between the parties and has been entered into voluntarily and with independent advice and legal counsel and has been executed by the authorized representative of each party on the date written below. Modifications to and waivers of the provisions herein shall be made only in writing by the parties hereto. SIGNED AND SEALED this ..2..L day of A Dr i 1 ,200-1.. SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD BY:~ t. ~~_ Printed Name: Muir c. F~rguson Title: C h air per son ATTEST: ~.. " ?IJ By: '/ . .11 Printed arne. (" 1,.....1.. ,;: ~,,( Title: 'E,>e Ð'<"c.c,,"e, .'- Approved as to legal form and sufficiency: ~ Rob¢W. Federspiel, .A. -10- ATTEST: City Clerk Approved as to legal form and sufficiency: By: Printed Name: Title: CITY OF DELRA Y BEACH By: Jeff Perlman, Mayor -11- .1"'" .. 1-",,...1.. [)~I'on".;I"',rn" 11',UI<(~,rrlhJII fl(,d"y. O.lj;,/iOOJ 0'301 iO l'.U Hf- r'H~"'111l0( P....lf,l.oI~ .-."...... ;........,...~.-. I' ~~ I i III i\ : 'j [9~' I :- '~,o.-__ I~~~ ~~r,'~ [ ~~,f';j~1J ,~J I ";, ~- ~I'I,.I','~1, r,j;" I ' r- H.-' J, 0', ~ I~Ts,', '~m T .!i:t,.6;-h'-~.-ib', J!~ . \ [.iI , 1]1 I +~ ,L=:--=~i~?:.ll: ':'-I"nh'-=-.cdf,\J1J t-l.~fL' I~~ :,IJ~'L:'_~" (~. ;;, .' j~l~ ' : -. t3--,,~ f-o,-." ,lilt],! I ~ :1l~J:' 11 i i'U: )\ - ] Itl i l~ - -'f J', \ ~J- f ~\:T Ii -,' ..,~,-::':T.;- Z -f-- ,': I I i ~f ~~~~,~~,~i:~ .J ~ I, ]~'" ~: I .s' ~::r.~ \ \ \ I f:?~ _ ,,"~~ ~ ~,_'= '_","O_",~:--- ~ ,~II,\ ~_. 1'\1," 11 ::.t I, ." , _~' I -, ~" ~ N-:C' U:!:J :-: "Ill' J' ---:. ~,'\ mt~ \ i '~' ' \L--- : ::: f-~ ~ '- ,- ..~,. J'f f-- / ~ l ~I . 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WATER -CAW"l , 1! i~ , Jt ~05-0S7 ~ RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF APRIL 21, 2005 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on April 21, 2005 by a vote of 8-0, approve AUTHORIZATION TO SIGN THE INTERLOCAL AGREEMENT FOR THE DELIVERY AND USE OF RECLAIMED IRRIGATION WATER WITH DELRA Y BEACH. EFFECTIVE WHEN DELRA Y BEACH BEGINS RECEIVING RECLAIMED WATER. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton Beach hereby ratifies said Board action independently. The above action is hereby ratified in open session by the City of Boynton Beach this...t:L day of MA'f ' a.oo5' ,by a t. -o vote. CITY OF BOYNYON BEACH By: Attest: Approved a~ t.o form: . /1 // 7l1t1,flJi ç-/9</; Æ~ity Atto ey R05-0e>7 RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF APRIL 21, 2005 *3 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on April 21, 2005 by a vote of 7-0, approve AUTHORIZATION FOR CHAIRMAN TO SIGN THE MODIFIED AGREEMENT DATED 03/16/05 WITH SOLID WASTE AUTHORITY FOR SOUTH CENTRAL TO PARTICIPATE IN THE CONSTRUCTION AND OPERATION OF THE BIOSOLlDS PELLETIZATION PROJECT. CONSTRUCTION COST OF $6,195,683 TO BE SPLIT 50/50 FROM EACH CITY'S CAPITAL FUNDS. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton hereby ratifies said Board action independently. The above action is hereby ratified in open session by the City of Boynton Beach this 11- day of -1:1.B.t--' Ao06 , by a "-0 vote. CITY OF BOYNTON BEACH By: ;~ ~ Attest:~ Yn. City Clerk Approved as to form: