R06-112
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2 RESOLUTION NO. R06- l \ a
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5 A RESOLUTION OF THE CITY COMMISSION OF
6 BOYNTON BEACH, FLORIDA, APPROVING THE
7 AGREEMENT BETWEEN THE CITY OF BOYNTON
8 BEACH AND THE TOWN OF HYPOLUXO TO SHARE
9 THE PURCHASE COST AND USE OF AN EMERGENCY
10 GENERATOR AT A CITY LIFT STATION AND
11 AUTHORIZING THE CITY MANAGER AND CITY
12 CLERK TO EXECUTE SAID AGREEMENT; AND
13 PROVIDING AN EFFECTIVE DATE.
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16 WHEREAS, the Inter10ca1 Agreement with the Town of Hypo1uxo will allow both
17 municipalities to each contribute 50% of the purchase price of a new emergency generator that
18 will be permanently installed at the City's lift station No. 209; and
19 WHEREAS, the generator will be sized to operate the lift station and portions of the
20 adjacent Hypo1uxo Town Hall during power outage emergencies; and
21 WHEREAS, the City Commission of the City of Boynton Beach deems it in the best
22 interest, health, safety and welfare of the citizens and residents of Boynton Beach to enter into
23 the Interloca1 Agreement with the Town of Hypo1uxo for sharing the purchase cost and use of
24 an emergency generator to be installed at a City lift station.
25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
26 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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Section 1.
Each Whereas clause set forth above IS true and correct and
28 incorporated herein by this reference.
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Section 2.
The City Commission of the City of Boynton Beach, Florida hereby
30 approves and authorizes the City Manager and City Clerk to execute the Interloca1 Agreement
S:\CA \RESO\Agreements\Interlocals\ILA with HypoJuxo (Emergency Generator).doc
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between the City of Boynton Beach and the Town of Hypo1uxo for sharing the purchase cost
2 and use of an emergency generator to be installed at a City lift station, a copy of said
3 Agreement is attached hereto as Exhibit "A".
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Section 3.
That this Resolution shall become effective immediately upon passage.
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PASSED AND ADOPTED this 010 day of June, 2006.
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ATTEST:
CITY OF BOYNTON BEACH, FLORIDA
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74Y' I:~
Commissioner - Muir C. Ferguson
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Rofo-f1a
INTERLOCALAGREEMENTBETWEEN
THE CITY OF BOYNTON BEACH AND THE TOWN OF HYPOLUXO PROVIDING
FOR
THE PURCHASE AND USE OF GENERATOR
THIS AGREEMENT is made by and between the City of Boynton Beach, a Florida
municipal corporation ("Boynton Beach"), and the Town of Hypoluxo, a Florida municipal
corporation ("Hypoluxo"),
WIT N E SSE T H:
NOW, THEREFORE, in return for the payment of good and valuable consideration, and
the mutual promises and covenants contained herein, the parties hereto agree as follows:
ARTICLE I.
BACKGROUND, PURPOSE, INTENT AND DEFINITIONS
1.1 It is the intent of the parties and the purpose of this Agreement for the municipalities
described above to cooperate and provide for a means by which each municipality may
exercise its powers, privileges and authority in common and jointly, in order to further a
common goal, all pursuant to Section 163.01, Florida Statutes.
1.2 The respective governing bodies of each of the municipalities named herein have found that
mutual cooperation with respect to the provision of generators can best be accomplished
within a cooperative, interlocal undertaking.
1.3 Both of the municipalities described above are entering into this Agreement in order to
provide the Town with the use of a generator in the event of an emergency.
ARTICLE II.
OBLIGATIONS AND RESPONSIBIL TIES
2.1 Boynton Beach shall purchase a generator of a sufficient size and power to operate the
Town's lights, air conditioning and some appliances at Hypoluxo's Town Hall.
2.2 Boynton Beach will purchase the generator, and Hypoluxo will provide Boynton Beach
with one-half of the purchase price upon the presentation of an invoice by Boynton Beach
2.3 The generator will be owned, maintained and operated by Boynton Beach.
2.4 Hypoluxo will be responsible for installing all electrical connections, interlocking safety
equipment, and wiring from the Boynton Beach lift station to Hypoluxo's facility, in
accordance with all applicable electrical code requirements
2.5 Boynton Beach will be responsible for installing the generator, facilitating all connections
to its lift station, and periodically testing the generator.
ARTICLE III
INDEMNIFICATION
3.1 Each of the municipalities named in this Agreement shall be individually and separately
liable and responsible for the actions of its officers, agents and employees in the
performance of its respective obligations under this lnterlocal Agreement.
3.2 Each of the municipalities named in this Agreement shall individually defend any action
or proceeding brought against its respective agency pursuant to this lnterlocal Agreement
and shall be individually responsible for all of its respective costs, attorney fees, expenses
and liabilities incurred as a result of any such claims, demands, suits, actions, damages
and causes of action, including the investigation or the defense thereof, and from and
against any orders, judgments or decrees which may be entered as a result thereof,
including appellate proceedings.
3.3 Each of the municipalities named in this Agreement agree that no indemnification or hold
harmless agreement shall be in effect concerning any claims, demands, damages and
causes of action which may be brought against either party pursuant to this lnterlocal
Agreement.
3.4 The parties shall each individually maintain throughout the term of this lnterlocal
Agreement any and all applicable insurance coverage required by Florida law for
governmental entities.
3.5 Notwithstanding the provisions contained herein, neither party waives its sovereign
immunity or any aspect thereof, nor any rights and privileges as provided in Section 768.28,
Florida Statutes.
ARTICLE IV
NO THIRD PARTY BENEFICIARY STATUS CREATED
4.1 By the execution of this Agreement, the municipalities named herein do not intend to create.
third party beneficiary status in any other person or entity.
ARTICLE V
TERM OF AGREEMENT
5.1 This Agreement shall be deemed to be an evergreen agreement and renew from day-to-day,
unless otherwise terminated in accordance with the terms hereof.
ARTICLE VI
TERMINATION
6.1 This Agreement shall terminate ten (10) years after the date on which the City of Boynton
Beach purchases the generator, or when the generator is no longer capable of being repaired,
whichever occurs later. Notice of termination shall be addressed to the party intended to
receive same pursuant to Section 8.3.
ARTICLE VII
RECORDATION
7.1 A copy of this Agreement shall be recorded with the Clerk of the Circuit Court of Palm
Beach County, Florida, in accordance with the provisions of Section 163.01(11), Florida
Statutes.
ARTICLE VIII
MISCELLANEOUS
8.1 WAIVER: No waiver by either party of any provision of this Agreement shall be deemed
to be a waiver of any other provisions hereof or of any subsequent breach by either party of
the same, or any other provision or the enforcement thereof.
8.2 NON-ASSIGNABILITY: This Agreement or any portion hereof shall not be assigned or
transferred by either party without the written consent of the other party.
8.3 NOTICE: The delivery of any items and the giving of notice in compliance with the terms
of this Agreement shall be accomplished by making same, in writing, and by the delivery
thereof to the party intended to receive it or by mailing the same to the address of such
party. In the event such notice is made by mail, the same shall be given via u.S. mail,
Return Receipt Requested and, unless otherwise provided herein, notice or delivery by mail
shall be effective when mailed.
As to Boynton Beach:
City of Boynton Beach
Attn: Kurt Bressner, City Manager
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33435
As to Hypoluxo
Town of Hypoluxo
Attention: Mayor
7580 South Federal Highway
Hypoluxo, FL 33462
8.4 CONSTRUCTION: This Agreement and the terms hereof shall be construed in
accordance with the laws of the State of Florida and venue for all actions in a court of
competent jurisdiction shall lie in Palm Beach County, Florida.
8.5 SEVERABILITY: Should any word, phrase or provision hereof be declared illegal or
invalid by a court of competent jurisdiction, such declaration of illegality and/or invalidity
shall not affect the remainder hereof.
8.6 ENTIRE AGREEMENT; MODIFICATION: No statements, representations,
warranties, either written or oral, from whatever source arising, except as expressly stated in
this Agreement, shall have any legal validity between the parties or be binding upon any of
them. The parties acknowledge that this Agreement contains the entire understanding and
agreement of the parties. No modifications hereof shall be effective unless made in writing
and executed by the parties hereto with the same formalities as this Agreement is executed.
8.7 CAPTIONS AND PARAGRAPH HEADINGS: Captions and paragraph headings
contained in this Agreement are for convenience and reference only and in no way defme,
describe, extend or limit the scope and intent of this Agreement, nor the intent of any
provisions hereof.
8.8 JOINT PREPARATION: The preparation of this Agreement has been ajoint effort of the
parties, and the resulting document shall not, solely as a matter of judicial construction, be
construed more severely against one of the parties than the other. It is the parties' further
intention that this Agreement be construed liberally to achieve its intent.
8.9 COUNTERPARTS: This Agreement may be executed in one or more counterparts, each
of which shall be deemed to be an original, but all of which shall constitute one and the
same agreement.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year set
forth below their respective signatures.
For Boynton Beach:
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-(18-0.6
ATTEST:
TORNEY
OFFI
For The Town of Hypoluxo:
By:
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, _,"up,e/i't/ -JoLt-
Kenneth Schultz, Mayor '
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Debbie L. Fick, ~
Date:
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Approved as to form and legal
sufficiency:
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Leonard G. Rubin, Town Attorney
The Citg ol Bollnton Beach
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City Clerk's Office
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742-6060
FAX: (561) 742-6090
e-mail: prainitoj@cLboynton-beach.fl.us
www.boynton-beach.org
June 29, 2006
MS BARBARA ROSS
TOWN CLERK, TOWN OF HYPOLUXO
7580 S. FEDERAL HWY
HYPOLUXO, FL 33462-6034
Re: Resolution No. R06-112 - Interlocal Agreement between the Town of
Hypoluxo and the City of Boynton Beach for the purchase and use of an
emergency generator
Attached is a fully executed original agreement as stated above and a copy of the
associated Resolution that the City Commission approved at their regular meeting on
June 20, 2006. If you have any questions, please do not hesitate to contact me.
Very truly yours,
CITY OF BOYNTON BEACH
Yn. p~
~rainito, CMC
City Clerk
Attachment
S:\CC\WP\AFTER COMMISSION\Other Transmittal letters After Commission\R06-1l2 - Agreement with Town of Hypoluxo- Purchase & Use of Emergency Generator.doc
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