R12-007I,
1 RESOLUTION R12- 070
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, APPROVING THE INTERLOCAL
5 AGREEMENT WITH THE TOWN OF LANTANA,
6 PROVIDING FOR WATER MAIN
7 INTERCONNECTION; AUTHORIZING THE INTERIM
a CITY MANAGER AND CITY CLERK TO EXECUTE
THE AGREEMENT; AND PROVIDING AN EFFECTIVE
10 DATE.
11!
12 WHEREAS, the Town of Lantana and the City of Boynton Beach have water mains
11 ; on or near Hypoluxo Road between Seacrest Boulevard and US 1; and
14 WHEREAS, this agreement will provide for the interconnection for either party to be
1 � ' able to supply the other with water in an emergency situation.
1� NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
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1 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
181 Section 1. Each Whereas clause set forth above is true and correct and
A incorporated herein by this reference.
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201, Section 2. This Commission does hereby approve and authorize the Interim City
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21' Manager and City Clerk to execution an Interlocal Agreement with the Town of Lantana to
22 provide for a water main interconnection, a copy of which Agreement is attached hereto as
23( Exhibit "A ".
241
Section 3. That this Resolution shall become effective immediately upon passage.
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PASSED AND ADOPTED this O day of January, 2012.
OF BOYNTON BEACH, FLORIDA
May driguez
Vice 1V Or — William Orlov/
Com 'ssioper — Woodr ay
I mmissioiICT� v'i1
Commissioner — Marlene Ross
ATTEST:
0", yr] - )
J et M. Prainito, MMC
rty Clerk
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R to - oo7
INTERLOCAL AGREEMENT BETWEEN
CITY OF BOYNTON BEACH
AND
TOWN OF LANTANA
FOR
WATER MAIN INTERCONNECTION
THIS INTERLOCAL AGREEMENT made and entered into this _ PO day of
S Ckn�gr,,l , 2012, by and between the City of Boynton Beach, a Florida municipal corporation
with its principal address at 100 East Boynton Beach Boulevard, Boynton Beach, Florida 33435,
hereinafter referred to as the "City ", and the Town of Lantana, a Florida municipal corporation with
its principal address at 500 Greynolds Circle, Lantana, Florida 33462, hereinafter referred to as the
"Town" for Water Main Interconnection.
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 is 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 September 2, 2003, the Town and the City entered into an Interlocal
Agreement for Water Main Interconnection for a term of five (5) years; and
WHEREAS, on November 16, 2004, the Town and the City entered into a First Addendum to
Interlocal Agreement for Water Main Interconnection to amend the cost sharing sections of the
Agreement relating to the design and construction of the water main interconnections; and
WHEREAS, the Town and the City failed to renew the September 2, 2003 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
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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 promises contained herein, the Town
and the City agree as follows:
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.I 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 valves, one 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
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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 parry experiencing the 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.
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 (1 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.
SECTION 5 INTERCONNECTION REQUEST AND TERMINATION. Upon the
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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
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 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
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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 and all notices required or permitted to be given hereunder
shall be deemed received three (3) days after same are deposited in U.S. Mail sent via certified mail,
return receipt requested.
As to CITY. And As to TOWN:
Lori LaVerriere, Interim City Manager
City of Boynton Beach
100 E. Boynton Beach Boulevard
Boynton Beach, Florida 33435
Fax (561) 742 -6011
Email: laverrierel @bbfl.us
Utilities Department
City of Boynton Beach
Attn: Kofi Boateng, Utilities Director
124 E Woolbright Road
Boynton Beach, Florida 33435
Fax (561) 742 -6298
Email boatengk @bbfl.us
Michael Bornstein, Town Manager
Town of Lantana
500 Greynolds Circle
Lantana, Florida 33462
Fax (561) 540 -5011
Email- mbornstein @lantana.org
SECTION 11: GOVERNING LAW. This Agreement shall be construed in accordance
with the laws of the State of Florida and venue shall be in Palm Beach County.
SECTION 12: SEVERABILITY. In the event any provision of this Agreement shall be
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deemed to be invalid or void under any applicable law, the remaining provisions hereof shall not be
affected and shall continue in full force and effect.
SECTION 13: EFFECTIVE DATE. This Interlocal Agreement shall take effect upon its
execution by both parties and upon being filed with the Clerk of the Circuit Court.
SECTION 14: ENTIRE UNDERSTANDING. 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.
SECTION 15: FILING WITH CLERK OF COURT. 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.
IN WITNESS WHEREOF, the parties have hereto set their hands and seals this y'
day of - Su tia0 , 2012.
CITY OF BOYNTON BEACH TOWN OF LA TAN
----jeo.4..4" C,ZILAA-A-•:". .■-■1111-41."""
Lori LaVerriere, Interim City Manager Michael Bornstein, Town Manag
Attest: Attest:
anet rainito, Cit - C stal Gibson, Town Clerk
(CITY SEA r' (TOWN SEAL) if
tyr .♦` �
Approved as to o Approved as to form:
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ri < /� /.e
James A . Cher'j q., City Attorney R. M. o •r. an, sq., Town Attorney
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Beach The City
S
City Cleric's Office
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742 -6060
FAX: (561) 742 -6090
e -mail: prainitoj @ci.boynton- beach.fl.us
www.boynton-beach.org
January 12, 2012
Ms. Jennifer Ashton
Assistant Town Attorney
1111 Hypoluxo Rd
Lantana FL 33462
Re: Resolution R12 -007 Interlocal Agreement between the City of Boynton
Beach and the Town of Lantana for a Water Main Interconnection
Dear Ms. Ashton:
Attached for your handling are two partially executed agreements and a copy of the
Resolution mentioned above. Once the agreement has been signed, please return one
original to the City Clerk's Office for Central File.
If you have any questions, please do not hesitate to contact me.
Very truly yours,
Attachments
Us
S:\CC\WP\AFTER COMMISSION\Other Transmittal Letters After Commission\ 2012 \R 12-007 Water Main
Interconnection Lantana. doc
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