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R22-076 1 RESOLUTION NO. R22-076 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 3 AUTHORIZING THE INTERIM CITY MANAGER TO SIGN THE INTERLOCAL 4 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE TOWN OF 5 LANTANA FOR WATER MAIN INTERCONNECTION; AND PROVIDING AN 6 EFFECTIVE DATE. 7 8 WHEREAS, the Town of Lantana and the City of Boynton have water lines in close 9 proximity to each other along Hypoluxo Road between Seacrest Boulevard and San Castle 10 Boulevard and can guard against the danger of failure of water service to customers within their 11 service areas; and 12 WHEREAS, the City and the Town wish to renew an Interlocal agreement which ensures 13 that potable water will continue to be available in an emergency situation pursuant to Section 14 163.01, Florida Statutes; and 15 WHEREAS, having interconnection enhances the respective water distribution system's 16 interconnectedness for security, emergency, and vulnerability preparedness; 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 Interim City Manager to sign the Interlocal agreement between the City of Boynton 20 Beach and the Town of Lantana for water main interconnection. 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 22 BOYNTON BEACH, FLORIDA, THAT: 23 Section 1. Each Whereas clause set forth above is true and correct and incorporated 24 herein by this reference. 25 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby 26 approve and authorize the Interim City Manager to sign the Interlocal agreement between the 27 City of Boynton Beach and the Town of Lantana for water main interconnection. A copy of the 28 Interlocal Agreement is attached hereto as Exhibit "A". S:\CA\RESO\Agreements\ILA With Lantana For Interconnect-Reso.Docx 29 Section 3. That this Resolution shall become effective immediately upon passage. 30 PASSED AND ADOPTED this 7th day of June, 2022. 31 CITY OF BOYNTON BEACH, FLORIDA 32 33 YES NO 34 35 Mayor—Ty Penserga / 36 37 Vice Mayor—Angela Cruz ✓ 38 / 39 Commissioner—Woodrow L. Hay �/ 40 41 Commissioner—Thomas Turkin / 42 / 43 Commissioner—Aimee Kelley / 44 45 VOTE - 0 46 ATTEST: 47 _ ,,..,,, 48 �O .•....� B ‘� 49 i 14 l k •.�QORarf'• ! ii 50 Mayle: D J- .us, MMC �;ISS ; S 51 City Cler 1 1 c..)S 1N�R?olvav 52 '. 19.4V•• S 53 I% %'••....••• Q. 54 (Corporate Seal) �' FLOR,, S:\CA\RESO\Agreements\ILA With Lantana For Interconnect-Reso.Docx INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE TOWN OF LANTANA FOR WATER MAIN INTERCONNECTION TH1AGREEMENT ("Agreement" or "Interlocal Agreement"), is made and entered into Unk_ -1 , 2022, by and between the City of Boynton Beach, a Florida municipal corporation (hereinafter "City"), and the Town of Lantana, a Florida municipal , 1 corporation (hereinafter "Town") collectively referred to as the "Parties" or individually referred to as a "Party". 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 are 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 January 24, 2012, the Town and the City entered into an Interlocal Agreement for Water Main Interconnection for a term of five (5) years; and WHEREAS, effective November 2, 2016, the Town and the City entered into a First Addendum to Interlocal Agreement for Water Main Interconnection to extend the term of the Interlocal Agreement through January 23, 2022; and WHEREAS, the Town and the City failed to renew the January 24, 2012 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 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 covenants hereinafter set forth the parties hereto hereby agree as follows: (00131634.1306-9001821) 1 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. 1 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 (2) valves, one (1) 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 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 party experiencing the (00131634.1 3069001821) 2 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 or their authorized designee. 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 (15`) 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. (00131634.1 306.9001821) 3 SECTION 5.INTERCONNECTION REQUEST AND TERMINATION. Upon the 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/her 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 (00131634.1 306.9001321) 4 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 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 notice given pursuant to the terms of this Agreement shall be in writing and done by Email or Certified Mail, Return Receipt Requested. The effective date of such notice shall be the date {00131634.1 306-9001621) 5 of receipt, as evidenced by the Email or Return Receipt. All notices shall be addressed to the following: As to City: Attn: City Manager City of Boynton Beach 100 East Ocean Avenue Boynton Beach,FL 33435 As to Town: Attn: Town Manager Town of Lantana Town of Lantana 500 Greynolds Circle Lantana, FL 33462 ## 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 11. MISCELLANEOUS A. 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. B. This Interlocal Agreement shall take effect upon its execution by both parties and upon being filed with the Clerk of the Circuit Court. C. 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. D. 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. (00131634.13069001821} 6 E. 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: 1) Keep and maintain all records that ordinarily and necessarily would be required by the Parties. 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) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law. 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. 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. (This Space is Intentionally Blank; Signature Page to Follow) (00131634.1 3064001821) 7 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on the date and year first written above. ATTEST: CITY OF BOYNTON BEACH B • 41 ll ill 0 _ By: -• �!e 4, MMC, Clerk ame: James Stables rfajk�1c_ I Title: Interim City Manager APPROVED AS TO FORM AND --;,OTON N•6,`‘‘‘%. LEGAL SUFFICIENCY , 0� • �e E •*I,IA 5SP� s B °/.y: 20 City Attorney 19 •••P FLOR\_= ATTEST: TOWN OF LANTANA By:. alp y: Za-b- ////111, -- Name: / -Name: Brian K. Raducci Title: Town Manager APPROVED AS TO FOR A D LEGAL SUFFICIENC ' /.<or ,-•l,'• By: ' Lap/l: VA.% ;. Town a tt fr ey -1-.: .r.°1-iF , gr ...........) (00131634.1 306-9001821) 8