R21-087 1 RESOLUTION NO. R21-087
2 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
3 FLORIDA,APPROVING AND AUTHORIZING THE MAYOR TO
4 SIGN AN INTERLOCAL AGREEMENT BETWEEN THE CITY
5 OF BOYNTON BEACH AND THE CITY OF DELRAY BEACH
6 FOR LAKE IDA WATER QUALITY SAMPLING; AND
7 PROVIDING AN EFFECTIVE DATE.
8 WHEREAS, the cities of Boynton Beach and Delray Beach are sub-permittees to the
9 Palm Beach County Municipal Separate Storm Sewer System (MS4) National Pollutant
10 Discharge Elimination System (NPDES)Permit No. FLS000018-004; and
11 WHEREAS, the cities are required to implement a Water Quality Monitoring Plan for
12 the Lake Ida, Water Boundary Identification(WBID)# 3262A to confirm compliance with the
13 Environmental Protection Agency(EPA)Total Maximum Daily Load (TMDL); and
14 WHEREAS, This Interlocal Agreement (ILA) with the City of Delray Beach for the
15 Lake Ida Water Quality Sampling will allow the Parties to efficiently fulfil their NPDES permit
16 requirements regarding the Lake Ida nutrient reductions required by the EPA TMDL; and
17 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the
18 recommendation of staff,deems it to be in the best interests of the City residents to approve and
19 authorize the Mayor to sign an Interlocal Agreement with the City of Delray Beach for Lake
20 Ida Water Quality Sampling.
21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
22 THE CITY OF BOYNTON BEACH,FLORIDA,THAT:
23 Section 1. Each Whereas clause set forth above is true and correct and incorporated
24 herein by this reference.
S:\CA\RESO\Agreements\ILA With Defray For Lake IDA Water Sampling-Reso.Docx
25 Section 2. The City Commission of the City of Boynton Beach,Florida does hereby
26 approve and authorize the Mayor to sign the Interlocal Agreement between the City of Boynton
27 Beach and the City of Delray Beach for Lake Ida Water Quality Sampling, a copy of said
28 Interlocal Agreement is attached hereto as Exhibit"A".
29 Section 3. That this Resolution shall become effective immediately upon passage.
30 PASSED AND ADOPTED thisOday of July, 2021.
31 CITY OF BOYNTON BEACH,FLORIDA
32
33 YES NO
34
35 Mayor—Steven B. Grant
36
37 Vice Mayor—Woodrow L. Hay
38
39 Commissioner—Justin Katz yl t
40
41 Commissioner—Christina L. Romelus ✓
42
43 Commissioner—Ty Penserga
44
45 VOTE
46 ATTEST:
47
48 ti
49
50 C stal Gibson, M
51 City Clerk
52
53
54 (Corporate Seal)
55
S:\CA\RESO\Agreements\ILA With Delray For Lake IDA Water Sampling-Reso.Docx
R21-087
INTERLOCAL AGREEMENT
BETWEEN THE CITY OF BOYNTON BEACH
AND
THE CITY OF DELRAY BEACH
(Lake Ida Water Quality Sampling)
THIS AG EEMENT ("Agrgment" or "Interlocal Agreement"), is made and
entered into t.& uc -E- \O , 20 i , by and between the City of
Boynton Beach, a Florida municipal corporation (hereinafter "Boynton Beach"),
and the City of Delray Beach, a Florida municipal corporation (hereinafter "Delray
Beach") collectively referred to as the "Parties" or individually referred to as a
"Party".
WITNESSETH:
WHEREAS, the Parties are authorized pursuant to the Florida Interlocal
Cooperation Act of 1969 as set forth in Section 163.01, et seq., Florida Statutes
(hereinafter the "Act") to make efficient use of their respective powers, resources,
authority and capabilities by enabling them to cooperate on the basis of mutual
advantage and thereby provide the facilities and efforts identified herein in the
manner that will best utilize existing resources, powers and authority available to
each of them; and
WHEREAS, it is the purpose of the Act to provide a means by which the
Parties may exercise their respective powers, privileges and authority which they
may separately, but which pursuant to this Interlocal Agreement and the Act they
may exercise collectively, and
WHEREAS, the Parties have common interests in the Lake Ida water
quality sampling for Total Maximum Daily Load (TMDL) compliance; and
WHEREAS, pursuant to the Palm Beach County Municipal Separate Storm
Sewer System (MS4) National Pollutant Discharge Elimination System (NPDES)
Permit No. FLS000018-004, the cities of Boynton Beach and Delray Beach must
implement a Water Quality Monitoring Plan for Lake Ida, Water Boundary
Identification (WBID) # 3262A for compliance with the Environmental Protection
Agency (EPA) TMDL; and
WHEREAS, Boynton Beach and Delray Beach conducted quarterly
targeted water quality monitoring at five locations on Lake Ida during 2018 and
2019. Consequently, in their 2020 annual MS4 reports, the Parties recommended
to conduct two additional years of sampling and include two additional water quality
sites to better understand the lake water quality seasonal and spatial processes;
and
j00449405 13049001821)
WHEREAS, there are cost savings and efficiencies gained by the Parties
collaborating on the MS4 reporting which serves both a municipal and public
purpose; and
NOW, THEREFORE, the Parties express their mutual understandings and
commitments as follows:
Section 1. STATEMENT OF PURPOSE
The purpose of this Interlocal Agreement is to establish an agreement
between the Parties in order to allocate each Party's share of expenses for the
proposed two-year water quality monthly sampling at the seven locations depicted
in Figure 1. These MS4 data collection, testing, analysis, reports, and meetings for
Lake Ida EPA TMDL are referred to as the "Project". This Agreement solely
pertains to the Project's sampling and water quality monitoring expenses
("Consulting Expenses").
Section 2. COST SHARING AND PROCUREMENT OF THE PROJECT
2.1 In consideration of Boynton Beach contracting for the
professional services with a consulting company for the report
sampling of the Project and entering into a contract with the selected
consultant for the Project ("Selected Consultant"), Delray Beach shall
pay to Boynton Beach its share of data collection, testing, analysis,
reports, meetings, and consulting expenses, which shall consist of
half the Project's Consulting Expenses.
2.2 The Project Consulting Expenses shall be shared equally
between the Parties, however, the elements of the report
sampling/monitoring to each Party's property, if any, shall be paid for
by the respective Party.
2.3 Each Party's share of Consulting Expenses, as provided herein,
shall not exceed Thirty-Three Thousand and 00/100 Dollars
($33,000.00) for two years of monitoring.
2.4 Delray Beach shall make payments to Boynton Beach within 30
days of receipt of an invoice related to Delray Beach's share of the
Project's Consultant Expenses.
2.5 The Parties shall work together to conduct two annual meetings
with the Consultant, which will allow the staff of both Boynton Beach
and Delray Beach to express any concerns related to the Project.
2.6 Once Boynton Beach enters into a contract with the Selected
Consultant for the Project, Delray Beach shall not be able to withdraw
(00449405 306.9001821)
payment of its share of Consultant Expenses to be payable to
Boynton Beach, as provided herein.
Section 3. PUBLIC RECORDS
The Parties are public agencies subject to Chapter 119, Fla. Stat. The
Parties shall comply with all public records laws in accordance with Chapter 119,
Fla. Stat. In accordance with state law, the Parties agrees to:
3.1 Keep and maintain all records that ordinarily and necessarily
would be required by the Parties.
3.2 Provide the public with access to public records on the same
terms and conditions that the Parties would provide for the records
and at a cost that does not exceed the costs provided in Chapter
119, Fla. Stat. or as otherwise provided by law.
3.3 Ensure that public records that are exempt or confidential and
exempt from public records disclosure are not disclosed except as
authorized by law.
3.4 Meet all requirements for retaining public records and
transfer, at no cost, to the Parties all records in possession of the
Parties at the termination of this Agreement and destroy any public
records that are exempt or confidential and exempt from public
records disclosure requirements. All records stored electronically
must be provided to the Parties in a format that is compatible with
the information technology systems of the Parties. All records shall
be transferred to the Parties prior to final payment being made to the
Parties.
3.5 If either Party does not comply with this section, the non-
breaching Party shall enforce the Agreement provisions in
accordance with this Agreement and may unilaterally cancel this
Agreement in accordance with state law.
Section 4. REMEDIES
Both Parties shall have any and all remedies as permitted by law. The
Parties agree, however, to provide for positive dialogue and communications if
disputes or disagreements arise as to the application or interpretation of the
Interlocal Agreement provisions.
Section 5. DURATION AND TERMINATION
5.1 This Interlocal Agreement shall become effective upon being
{00449405.1306-9001821
executed by both Parties.
5.2 This Interlocal Agreement shall remain in effect until the
Project is completed and Delray Beach pays Boynton Beach for the
final invoice related to the Project. This Agreement may be
terminated by written mutual consent executed by both Parties.
Section 6. GOVERNING LAW/VENUE /WAIVER OF JURY TRIAL
This Agreement shall be governed by the laws of the State of Florida. Any
legal action to enforce the Agreement will be filed in Palm Beach County. In any
litigation brought to enforce the terms of this Interlocal Agreement, the Parties shall
bear their own costs and attorney's fees incurred in connection therewith. BY
ENTERING INTO THIS AGREEMENT, THE PARTIES EXPRESSLY WAIVE ANY
RIGHT THE PARTIES MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL
LITIGATION OR ANY CLAIM RELATED TO THIS AGREEMENT.
Section 7. LIABILITY AND INDEMNITY
7.1. Each Party shall be liable for its own actions and negligence
and, to the extent permitted by law, the Parties and their respective
officers and employees shall not be deemed to assume any liability
for the acts, omissions and negligence of the other. Nothing herein
shall constitute, or be construed as, a waiver of sovereign immunity
beyond the limits set forth in Florida Statute, Section 768.28, or of
any defense available to the Parties as set forth in Florida Statutes,
Section 768.28 or any other provisions of Florida law.
7.2 This section shall survive the termination or expiration of this
Agreement.
Section 8. AMENDMENT OF THIS AGREEMENT
Amendments to this Interlocal Agreement shall be made by written consent
of both Parties.
Section 9. EXECUTION OF AGREEMENT
This Agreement shall be executed by the Parties' authorized
representatives pursuant to an appropriate resolution of the respective local
governmental unit. Each Party shall be bound to the terms of this Interlocal
Agreement as of the date it is signed by both Parties.
00449405.1306-9001821)
Section 10. SEVERABILITY
The invalidity, illegality, or unenforceability of any provision of this Interlocal
Agreement, or the occurrence of any event rendering any portion or provision of
this Agreement void or voidable, shall in no way affect the validity or enforceability
of any other portion or provision of the Interlocal Agreement. Any void or voidable
provision shall be deemed severed from the Interlocal Agreement and the balance
of the Interlocal Agreement shall be construed and enforced as if the Interlocal
Agreement did not contain the particular portion or provision held to be void. The
Parties further agree to reform the Interlocal Agreement to replace any stricken
provision with a valid provision that comes as close as possible to the intent of the
stricken provision. The provisions of this section shall not prevent the entire
Interlocal Agreement from being held void should a provision which is of the
essence of the Interlocal Agreement be determined to be void by a court of
competent jurisdiction.
Section 11. NOTICES
11.1 Any notice given pursuant to the terms of this Agreement shall
be in writing and done by Certified Mail, Return Receipt Requested.
The effective date of such notice shall be the date of receipt, as
evidenced by the Return Receipt. All notices shall be addressed to
the following:
As to City of Boynton Beach: Attn: City Manager
City of Boynton Beach
PO Box 310
Boynton Beach, FL 33425
As to City of Delray Beach: Attn: City Manager
City of Delray Beach
100 NW 1st Avenue
Delray Beach, FL 33444
11.2 Notices shall be effective when delivered to the address specified
above. Changes in the respective addresses to which such notice
may be directed may be made from time to time by any Party by
written notice to the other Party. Facsimile and email are acceptable
notice effective when received, however, facsimiles and emails
received (i.e. printed) after 5:00 p.m. or on weekends or holidays, will
be deemed received on the next business day. The original of the
notice must additionally be mailed as required herein.
Section 12: FILING
A copy of this Agreement shall be filed with the Clerk of the Circuit Court in
and for Palm Beach County.
(00449405.1 306-9001821)
Section 13: FORCE MAJEURE
Any Party delayed by a Force Majeure Event, as defined herein, in
performing under this Interlocal Agreement shall use reasonable efforts to remedy
the cause or causes of such Force Majeure Event. A delay due to a Force Majeure
Event shall serve to toll the time to perform under this Agreement. "Force Majeure
Event" shall mean any act of God, fire, flood, earthquake, explosion, hurricane,
riot, sabotage, terrorist attack, windstorm, failure of utility service, or labor dispute.
Section 14: CONSTRUCTION
No Party shall be considered the author of this Interlocal Agreement since
the Parties hereto have participated in negotiations and drafting and redrafting of
this document to arrive at a final agreement. Thus, the terms of this Agreement
shall not be strictly construed against one Party as opposed to the other Party
based upon who drafted it. In the event that any section, paragraph, sentence,
clause, or provision hereof is held by a court of competent jurisdiction to be invalid,
such shall not affect the remaining portions of this Agreement and the same shall
remain in full force and effect.
Section 15: NO THIRD PARTY BENEFICIARY
No provision of this Interlocal Agreement is intended to, or shall be
construed to, create any third party beneficiary or to provide any rights to any
person or entity not a party to this Agreement, including but not limited to any
citizen or employees of any Party.
Section 16: NON-DISCRIMINATION
The Parties shall not discriminate on the basis of race, color, sex, religion,
national origin, disability, age, marital status, political affiliation, sexual orientation,
or gender identity and expression in the performance of this Agreement.
Section 17: ASSIGNMENT
The Parties may not assign this Agreement in whole or in part, without prior
written consent of the other, which may be granted or withheld at the such Parties'
absolute discretion.
Section 18: COUNTERPARTS
This Agreement may be executed in counterparts, each of which shall be
deemed to be an original, but all of which, taken together, shall constitute one and
the same agreement.
(00449405.1 306-9001821)
Section 19: EFFECTIVE DATE
This Agreement is expressly contingent upon the approval by the Parties
and shall become effective only when signed by the Parties. The effective date
shall be the last date that it is executed by the Parties.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be
executed on the date and year first written above.
ATTEST: / (l CITY B YN i% R H
By: ' t w 1 /ii `' By:
" Q C C-\) Name: Steven :. Grant
I Title: Mayor
APPROVED AS • FORM AND
LEGAL ' FFI• ENCY ,
By. 1 ,./ ' ;A ±
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ATTEST: / CITY • � D LRA f :EACH s .
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City Clerk / Wame: Sh_,,y Petrolia
Title: Mayor
APPROVED AS TO FORM AND
LEGAL SUFFICIE A Y:
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By: .�r_ A _
orney
{00449405.1 306-9001821)
FIGURE 1 - LAKE IDA
WATER QUALITY MONITORING LOCATIONS
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Il,: . 1�� '�� +, lr I �,f�e\d Lpate: June 9th, 2021.c?''.‘. I-