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R07-103 II 1 RESOLUTION NO. R07- 10:3 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING AND DIRECTING THE 5 CITY MANAGER AND CITY CLERK TO EXECUTE A 6 FIRST AMENDMENT TO THE INTERLOCAL 7 AGREEMENT BETWEEN PALM BEACH COUNTY 8 AND THE CITY OF BOYNTON BEACH FOR THE 9 PURCHASE AND SALE OF BULK POT ABLE WATER; 10 AND PROVIDING AN EFFECTIVE DATE. 11 12 WHEREAS, the City Commission approved an Agreement dated December 21, 13 2004, for the purchase and sale of bulk potable water; and 14 WHEREAS, the City of Boynton Beach and Palm Beach County desire to amend the 15 Agreement; and 16 WHEREAS, the City Commission of the City of Boynton Beach, upon 17 recommendation of staff, deems it to be in the best interests of the residents and citizens of 18 the City of Boynton Beach to approve the First Amendment to the Interloca1 Agreement 19 between the City of Boynton Beach and Palm Beach County for the Purchase and Sale of 20 Bulk Potable Water. 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. Each Whereas clause set forth above IS true and correct and 23 24 incorporated herein by this reference. 25 Section 2. The City Commission of the City of Boynton Beach, Florida, upon 26 recommendation of staff, hereby authorizes and directs the City Manager and City Clerk to 27 execute the First Amendment to the lnterlocal Agreement between Palm Beach County and 28 I City of Boynton Beach for the Purchase and Sale of Bulk Potable Water, which First 29 Amendment is attached hereto as Exhibit "A". S:\CA\RESO\Agreements\lnterlocals\lnterlocal Agreement PBC -1st Amendment Bulk Potable Water (2007).doc II Section 3. That this Resolution shall become effective immediately upon 2 passage. 3 PASSED AND ADOPTED this ~ day of September, 2007. 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 30 31 32 33 ATTEST: ~J .,---- Commiss~?~ Mack McC~'\Y ...../~/ ~~issi6ri~- . ar:~~io~' '-" ./ S:\CA\RESO\Agreements\lnterlocals\lnterlocal Agreement PBC -1 st Amendment Bulk Potable Water (2007).doc Ja et M. Prainito, CMC ity Clerk (Corporate Seal) R 2 0 0 7 .. 17 32 R07 -ID3 FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT BET~lEEN PALM BEACH COUNTY AND THE CITY OF BOYNTON BEACH FOR THE PURCHASE AND SALE OF BULK POT ABLE \\7 A TER THIS FIRST AMENDMENT made and entered into this day of ocr 0 2.2007 2007, by and between PALM BEACH COUNTY, a political subdivision of the State of Florida (hereinafter "County"), and the CITY OF BOYNTON BEACH\ FLORIDA. a municipality organized under the laws of the State of Florida (hereinafter "City'') 'VITNESSETH WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1969" authorizes local governments to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities that will harmonize geographic, economic, population and other factors influencing the needs and development of local communities: and WHEREAS, the City wishes to purchase bulk Potable Water from the County for distribution and sale to customers solely within the City's Potable Water service area:, and WHEREAS, the County wishes to sell the City bulk Potable Water pursuant to the terms and conditions of the Agreement dated December 21, 2004 for the purchase and sale of bulk potable water, as modified by this First Amendment; and WHEREAS,. the parties desire to amend the Agreement as set forth herein. NOW~ THEREFORE\ for and in consideration of these premises. the mutual undertakings and agreements herein contained and assumed, County and City hereby cc;venanl ano agree as The foregc1ing statements are true and correct. L. Secllon L following: the Agreement lS hereb~i deleted in its entirety and replaced with the Teml. Tbe tem1 of this Agreement shall commence upon execution by both parties shall ccmlmue in full force and efft':ct until Dece!rber 31.. 2013. except for capacity Q penmUlent baSiS. V,rhlCh shall continue indefmitely. :: (-".,rJ 4n~. the,; greemenl is deleted in its emirety and replaced the (1'> I 'Capac Fee" - A one-time fee to be paid by eif)' to County to reserve pemlanent capacity. in the County's Potable \Vater System or an Annual Carrying Cost amount paid yearly to reserve temporary capacity in the County's Potable ,Vater System. The Capacity Fee assessed tc' tIle City shall be based upon the Potable Water flow that the City desires to reserve in the County's Potable Water System, This fee is assessed irrespective of tbe actual quantity of Potable Water flovving througb the various Points of COlmection; 4, Section 4(d) of the Agreement is hereby deleted in its entirety and replaced by the following: ld) "Commodity Fee'" - A fee to be paid by City to County on a monthly basis whIch is intended to recover County's variable cost of producing and supplying Potable Water to the City at the various Points of Connection. This fee is assessed per one thousand (1,000) gallons of Potable Water delivered by County to the various Points of Connection; 5, Section 7 of the Agreement IS hereby deleted m its entirety and replaced by the following: 7 Capacity Reservation. County shall provide City with Potable Water at the varying flow rates required by the City, not to exceed five million (5,000,000) gallons per day (5 MGD). Within thirty (30) days of the Effective Date of this Agreement, the City shall pay the County a bulk Potable Water Capacity Fee of$2,91 per gallon for 1 MGD of permanently reserved capacity (for a total of $2,91 0,000.00). In addition, the City may reserve additional temporary capacity by paying an Annual Carrying Cost at the rate of $0.11 per gallon per year. As the minimum daily quantity of water to be purchased under this Agreement (on a take-or-pay basis) is 2 MGD calculated on an annual basis, the City shall be required to have permanent and temporary capacity totaling at least 2 MGD throughout the term of this Agreement. For the first yeaf of this Agreement, the City elects to purchase I MGD of additional temporary capacity. Within thirty (30) days of the Effective Date of this Agreement the City shall pay the County for the fIrSt year of this additional temporary capaCity, eacb subsequent year. the City shall notify the County in W1T[mg. at least Sixty \. 6u} days pnor to the anniversary date of this Agreement, of the amount of Potable 'Water 1:1 two hundred fifty thousand (250,000) gallon increnlents that the City is interested in reserving during the subsequent twelve (2) month period, and pay the Annual Carrying Cost for the capacity it has requested to reserve. The City may also.. at any time during this Agreement, reserve additional permanent capacIty by paying the bulk Potable Water Capacity Fee of $2.91 per gallon. in two hundred fIfty thousand (250,000) gallon increments. The Average ):.' rate during t'Nelve (] 2) month period shall not exceed the capaeit) :e:sened. such fjow is exceeded, the City shaH pay an addltiona) AIlliual Carrying Cost $0 1] per gallon for the excess capacity used. The Annual shall be fixed through December 3J, 2013. The County is under no 10 provide more than five million (5.000.000) gallons of Potable Water per day. but may, at lts sole discretion, provide Potable Water at a higher flow rate if reque<;ted by the City. 6 Section 8 of the Agreement )5 hereby deleted m its entirety and replaced by the folIc wing: " I; ComlTIoditv Fee, In accordance with the December 21, 2004 Agreement between the County and the City. the initial monthly Commodity Fee shall be $0.80 per thousand gallons, In accordance with the December 21" 2004 Agreement between the County and the City. on January L 2010, the monthly Commodity Fee shall Increase to the total of $] .15 per thousand gallons plus an upward adjustment, calculated beginning January 1, 2006, in an amount equal to the prior year's (measured October to October) Consumer Price Index, all Urban Consumers, Water and Sewerage Maintenance, published by the U.S. Department of Labor, Bureau of Labor Statistics ("CPI") or some other mutually agreed-upon index if the cpr is discontinued, but in no case shall the escalation exceed three percent (3%) annually. Beginning on January 1, 201 L. and for each calendar year thereafter, this Commodity Fee shall be adjusted upward by an amount equal to the prior year's CPI (measured October to October) or some other mutually agreed-upon index if the CPI is discontinued, but in no case shall the escalation exceed three percent (3%) annually, The Existing Points of Connection shall be used collectively and in common to more evenly distribute the Potable Water flows from the County's Potable Water System into the City's Potable Water System. Any construction costs required to upgrade the Existing Points of Connection to meet the requirements of this Agreement shall be shared by the County and the City. The minimum quantity of Potable Water to be purchased by the City shall be 2 MGD calculated on an annual basis through December 31, 2013, regardless of actual usage. 7 Section 13 of the Agreement is hereby deleted in its entirety and replaced by the follo\lving J 3. Water Interconnect Agreement The City and County are currently parties to a ] 996 \Vater Interconnect Agreement, dated 5/7/96 (County Resolution No. 96-567D), eSlaL)lishing provlsions for the emergency purchase and sale of Potable Water through the Existing Points Connection. The Water Interconnect Agreement is incorporated herein by reference.. except that the rates set forth in Section 6 of the Water Interconnect Agreement are amended as foHows: The parties agree that in the event that requires the City to provide Potable Water to the County, the commodity rate paid by the County to the City. shall be the same Commodity rate that the City is required to pay to the County as set forth in this Agreement. 8. following. ! Elt Agreemen; is hereby deleted in Its entirety and replaced by the r enmnauon. The parties hereto expressly covenant and agree that in the event either party is in default of its obligations herein, the party not in default shall provide 10 the party in default ninety (90) days "vritten notice to cure said default before exercising any of its rights as provided for in this Agreement Failure to cure said default within ninety (90) days following notice may be grounds for term in3tion of thi s Agreement T emlination of this Agreement by either party 3 shall require thi11y dayI' prior 'written notice to the other party prior to the termination date The parties may mutually agree to extend the time for cure and/or tenTiination. 9, AI] other provisions of the Agreement are hereby c.onfirmed and shall remain in full force and effect. (THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK) 4 By: IN \VITNESS WHEREOF, County and City have executed or have caused this A.greement tel be duly executed in several counterparts, each of which counterpart shall be considered an original executed copy of this Agreeme~ 2 0 0 7 1 7 3 2 ATTEST; ~l~& ~s:\.''''' \\lli. Sharon R. Bockl Clerk and s.. eelltlll PALM TYj BY ITS ff Q................O 111't BOARD OF COUNTY ff ~/ 0^ B€.. ".fi\ COMMISSIONERS ~ / <;!\>' "IQy \(j,~ a ~ y :(f)~ III ..A ~. ~ ').1 z . /offBy: <-/(,JL~ / ,~~~ \~" "....~j Addie L. Greene, Chairperson II, 0'" ..:....'7= I,.. .' v- 'III f) .....-..... S~.:.=- i\'h * ~......~ III'",,,,'''''........,, (SEAL) By County Attomey APPROVED AS TO TERMS AND CONDITIONS BY~~ Dir tor of Wa er UtIlitIes CITY OF BOYNTON BEACHj :o~ . ...- ~ f"< ,.. ~. ~', _ ... ..., ....' w FORM AND TO NCY . \ ~. '\ . ~ ( water Utilities Department Contract Management Po. Box 16097 West Palm Beach, FL 33416-6097 (561) 493-6000 Fax: (561) 493-6060 www.pbcwater.com . Palm Beach County Board of County Commissioners . ':!die L. Greene, Chairperson Jeff Koons, Vice Chair Karen T. Marcus Robert J. Kanjian Mary McCarty Burt Aaronson Jess R. Santamaria County Administrator Robert Weisman "An Equal Opportunity lffirmative Action Employer" @ printed on recycled paper Octo.ber 5, 2007 Ms. Janet M. Prainito., City Clerk City o.f Boynto.n Beach 100 E. Bo.ynton Beach Boulevard Boynto.n Beach, FL 33435 RE: Bulk Water Interlocal Agreement Dear Ms. Prainito: On October 2, 2007, the Board o.f Co.unty Commissio.ners approved the First Amendment to. the lnterlo.cal Agreement Between Palm Beach County and the City o.f Boynton Beach fo.r the Purchase and Sale of Bulk Potable Water. The executed agreement is enclo.sed for yo.ur reco.rds. Sincerely, hLtJ.~ Fred W. Jenf(ns, Assistant Director Finance & Administration Divisio.n Water Utilities Department Enclosure c: Bevin Beaudet, WUD Director Kurt Bressner, Bo.ynto.n Beach City Manager Ko.fi Bo.ateng, Boynton Beach Utilities Directo.r Debra West, WUD F &A Director 8\:\\W~ 6-1JOLO 3J\:L:lO S.\~;3~\J'6\1~rl:J HJV3B HOH~A08 .:i