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R05-197 II 1 RESOLUTION NO. R 05 - Iq1 2 3 A RESOLUTION OF THE CITY COMMISSION OF 4 THE CITY OF BOYNTON BEACH, FLORIDA, 5 AUTHORIZING AND DIRECTING EXECUTION OF 6 THE SIXTH AMENDMENT TO THE INTERLOCAL 7 AGREEMENT BETWEEN THE CITY OF BOYNTON 8 BEACH AND THE CITY OF DELRAY BEACH, 9 FLORIDA, REGARDING THE SOUTH CENTRAL 10 REGIONAL WASTEWATER TREATMENT AND 11 DISPOSAL BOARD (SCRWTD); AND PROVIDING AN 12 EFFECTIVE DATE. 13 14 WHEREAS, the City of Boynton Beach and the City of Delray Beach previously 15 entered into an Interlocal Agreement, dated December 26, 1974, establishing the South 16 Central Regional Wastewater Treatment and Disposal Board, hereinafter referred to as 17 "SCR WTD Board" which Agreement has been amended from time to time; and 18 WHEREAS, the SCR WTD Board is desirous of further amending the Interlocal 19 Agreement to provide the Board to be a provider of reclaimed water to the Cities of Delray 20 Beach, Boynton Beach and other entities within the respective Cities, as well as providing 21 for the internal use of the reclaimed water by the Board and further amending the Interlocal 22 Agreement to provide that the Board will be authorized to enter into independent Interlocal 23 Agreements with the Cities of Boynton Beach and Delray Beach, respectively, for the 24 providing of such wholesale reclaimed water. 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 26 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 27 Section 1. Each Whereas clause set forth above IS true and correct and 28 incorporated herein by this reference. 29 Section 2. The Mayor is hereby authorized to execute the Sixth Amendment to 30 the Interlocal Agreement between the City of Boynton Beach and the South Central Regional 31 Wastewater Treatment and Disposal Board (SCRWTD Board) amending Section 3, Powers S:\CA\RESOlAgreements\lnterlocals\Sixth Amendment to Interloeal - SCRWTDB.doc " and Procedures, Subsection (B)(14) to provide the Board to be a provider of reclaimed water 2 to the Cities of Delray Beach, Boynton Beach and other entities within the respective Cities, 3 as well as providing for the internal use of the reclaimed water by the Board and further 4 amending the Interlocal Agreement to provide that the Board will be authorized to enter into 5 independent Interlocal Agreements with the Cities of Boynton Beach and Delray Beach, 6 respectively, for the providing of such wholesale reclaimed water, which Amendment is 7 attached hereto and made a part hereof. 8 Section 3. The City Commission does ratify the action taken by the South 9 Central Regional Wastewater Treatment & Disposal Board on November 17, 2005 as to this 10 Agreement. 11 Section 4. That this Resolution shall become effective immediately upon 12 passage. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 3 35 36 PASSED AND ADOPTED this ~ day of December, 2005. CITY OF BOYNTON BEACH, FLORIDA ATTEST: '2 CO,.mmissioner ~(- COIl} ...."'.... ~' -"';' i-:1?; oeals\Sixth Amendment to Interloeal - SCRWTDB.doc ~oS - 197 RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF NOVEMBER 17, 2005 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on November 17,2005, by a vote of 7-0, to approve modifications of Sixth Amendment to Interlocal Agreement. 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 ~ day of j)eceM~r ,6loo5" , by a 5-0 vote. CITY OF BOYNTON BEACH By: Attest: ~ III1III1III ~IIIIIIIIIII 'Ros-1<1' CI) .f SIXTH AMENDMENT TO INTERLOCAL AGREEMENT ~ h=; I~j -=- :J ""- ::o~ . :::0.. OJ to 0: a o a ;0::- .::rJ - a ,-) ~ r --J iTIS: ::I! {:.:. ::;t".. (.11 \',\00 0::0 ODJ 5:0 -00 -I ::A. ::O=1:j o )::> ~GJ m rn ::0 r,.) a -..>. a t>.:.< ::.s. THIS SIXTH AMENDMENT TO INTERLOCAL AGREEMENT is made and entered into this C\~day of ~~.1 . 200\.t., by and between ') the CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation, hereinafter referred to as "BOYNTON", and the CITY OF DELRA Y BEACH, FLORIDA, a municipal corporation, hereinafter referred to as "DELRA Y". WITNESSETH: WHEREAS, BOYNTON and DELRA Y pursuant to Section 163.01, Florida Statutes, have heretofore entered into that certain Interlocal Agreement dated the 26th day of December, 1974, establishing the So"uth Central Regional Wastewater Treatment and Disposal Board (the "BOARD"), as amended by First Amendment dated May 27, 1981, by Second Amendment dated September 15, 1983, by Third Amendment dated October 19, 1995, and by that certain Fourth Amendment dated February 18, 2003, and the Fifth Amendment dated September 7, 2004; and, WHEREAS, the BOARD is desirous of amending Section 3, Powers and Procedures, Subsection (B)(14) to provide the BOARD to be a provider of reclaimed water to the Cities of Delray Beach, Boynton Beach, other entities within the respective Cities, as well as providing for the internal use of the reclaimed water by the BOARD and further amending Annex I, Allocation of Operatinq Costs, Subsection 6, Reclaimed Water, to provide that the BOARD will be authorized to enter into independent Interlocal Agreements with the Cities of I~.r co .::rJ CJ )::> -I rn a I"..J) t;) .....1 -~ t'.J. a a OJ a 9;1 a t.;. ..... a -a in (fJ -"- ,:.,,.,. co .::rJ . ....>. .:,...) CD .U? ,,-, .j::.;. "7,J. in ~~J Prepared by: Robert W. Federspiel Dittman, Dowling, & Federspiel 151 N.W. 1st Ave Delray Beach, Fl. 33444 Return to: Roger G. Saberson Roger G. Saberson P.A. 70 S.E. 4th Ave. Delray Beach, Fl. 33483 Boynton Beach and Delray Beach, respectively, for the providing of such wholesale reclaimed water. NOW, THEREFORE, be it resolved as follows: That certain Interlocal Agreement entered into on the 26th day of December, 1974, by and between the City of Boynton Beach, Florida, and the City of Delray Beach, Florida is amended as follows: 1. Section 3. Powers and Procedures, Subsection (B)(14), is hereby amended in its entirety to read as follows: "14. Enter into contracts for sale and disposal of reclaimed water for irrigation and other beneficial uses with the Cities of Boynton Beach and Delray Beach and other entities within those Cities desiring to use reclaimed water upon approval of each City for the delivery of reclaimed water within each City at a location determined by the BOARD". 2. Subsection 6. Reclaimed Water, of Annex I, Allocation of Operatinq Costs, of the Interlocal Agreement is hereby amended in its entirety to read as follows: 6. Reclaimed Water: It is agreed that the disposal of effluent in a cost- effective and environmentally responsible manner is appropriate and necessary for the operation of the Regional Facility, and in that regard, the BOARD shall be authorized to enter into contracts with the Cities of Boynton Beach and Delray Beach, respectively, for the delivery of up to fifty percent (50%) each of the effluent produced and treated by the Regional Facility to the standards required by the Florida Department of Environmental Protection for the utilization of such Reclaimed Water for irrigation and other beneficial uses provided however, the Board may also enter into contracts with third parties to use the reclaimed water effluent if authorized by each City and in an amount authorized by each City. The Charge to each City shall be in accordance with a formula approved by the Board each year. The revenues received from the sale of such Reclaimed Water by the BOARD to the said Cities shall be applied to the operating budget of the BOARD. Notwithstanding any provision herein to the contrary, the Cities of Boynton Beach and Delray Beach shall be entitled to temporarily or permanently assign a portion of their allocated 50% share in the Reclaimed Water effluent to the other City, subject to the parties entering into an Interlocal Agreement with respect thereto and providing the BOARD with a certified copy of the same. 3. This Amendment shall become effective upon ratification by a majority vote of each City Commission. 4. This Amendment shall be filed with the Clerk of the Court in the . Fifteenth Judicial Circuit in West Palm Beach, Florida. 5. The Interlocal Agreement as heretofore amended shall remain in full force and effect, altered only to the extent of this Agreement. RESOLVED this ~ day of November , 200~, by a 7-0 vote. Lt~~ Chairman ~ The undersigned Cities of Delray Beach and Boynton Beach hereby ratify the action taken by the South Central Regional Wastewater Treatment and Disposal Board in accordance with the foregoing Amendment to Interlocal Agreement ATTEST: ~.~.~.\\~ City Clerk By: f ;Y EACH, FLORIDA Approved as to form: () l\. ___- \~. ~ r-.. ~ity Attorney OF BOYNTON BEACH, FLORIDA A-~... ~ F:\docs\Reclaim\Sixth Amendment tolnterlocal v 6.doc . .[\"f!. o~ (.....:. ) j . .--- ,..- - to '\ ... . .. . . u..: :c o ... ...... ........ (J ~,,<.." ';fi..;{~ "'0 N 'e> City Clerk's Office MEMORANDUM TO: Robert Hagel Executive Director FROM: JANET P. PRAINITO, CITY CLERK City of Boynton Beach DATE: December 13, 2005 RE: Ratifications- Resolutions # R05-196, R05-197 and R05-198 Attached please find two originals of each of the above mentioned ratifications that were approved at the City Commission meeting held on December 6, 2005. Please return a fully executed document to me for our records. Please contact me if you have any questions. Thank you. ~m.A~ Attachments: ,. SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD 1801 North Congress Avenue · Delray Beach, Florida 33445 ~ """' 'lelephone (561) 272-7061 (561) 734-2577 Fax; (561) 265.2357 www.scrwwtp.org BOARD City Council Members of Boynton Beach & Delray Beach MEMORANDUM TO: Janet Prainito City of Boynton Beach 0..... FROM: Robert J. Hagel Executive Director C''', ~;;;; :.-; "':";:.:. ; . , (. ) DATE: November 22,2005 RE: Ratifications Attached are the Ratifications from the Quarter Annual Meeting of November 17, 2005, which require signatures. Would you, please, place these on the Agenda for your next Commission meeting? Thank you. Authorization to enter into agreement with Florida Water Environmental Association Utility council to allow NOAA to perform dye tracer study on the Gulfstream Reef in the amount of $189,000.00. Cost to be split 50/50 from each City's Capital Fund. Authorization for the Chairman to sign the Reclaimed Water Flow Easement Agreement with Boynton Beach. Authorization to approve modifications of Sixth Amendment to Interlocal Agreement. Authorization to approve modification of Hazen and Sawyer task order 04-061 for reclaim expansion in the amount of $97,760 increasing the total task order amount to $537,760 to be split 50/50 from each City's capital fund. Authorization to enter into contract with Interstate Engineering Corp. in the amount of $1,489,000.00 to construct a 3 million gallon reuse water storage tank, associated piping and pumps. Cost to be split 50/50 from each city's capital fund. Janet Prainito November 23,2005 Ratifications Page Two Authorization Chairman to enter into contract DG061158 with South Florida Management District for reuse project in the amount of $1 ,493.590.00. Authorization for the Chairman to accept Hazen and Sawyer's work order 06-001 to provide consulting services in the amount of $26,908 for reclaimed water distribution system hydraulic model. SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD 1801 North Congress Avenue · Delray Beach, Florida 33445 BOARD City Council Members of Boynton Beach & Delray Beach Telephone (561) 272-7061 (561) 734-2577 Fax: (561) 265-2357 www.scrwwtp.org MEMORANDUM TO: Janet Prainito City of Boynton Beach -:1 FROM: Ann Kellum DATE: April 10, 2006 RE: Sixth Amendment Please find enclosed the Sixth Amendment to Interlocal Agreement which has been filed with the Court. Thank you. C:\Documents and Settings\akellum\My Documents\Memo Form - Ann.doc - " .-.-". (,) \ ~'.~) - \''''-\ . ") ','-) '"~..:~ ,"-,,) i(") .......