R10-051
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I RESOLUTION NO. RI0-0SI
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4 A RESOLUTION OF THE CITY COMMISSION OF
5 BOYNTON BEACH, FLORIDA, APPROVING AND
6 AUTHORIZING THE CITY MANAGER AND CITY
7 CLERK TO EXECUTE AN INTERLOCAL
8 AGREEMENT BETWEEN THE CITY OF BOYNTON
9 BEACH AND THE TOWN OF MANALAPAN
10 PROVIDING FOR AN EMERGENCY
11 INTERCONNECTION BETWEEN POTABLE WATER
12 SYSTEMS; AND PROVIDING AN EFFECTIVE DATE.
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15 WHEREAS, the City of Boynton beach and the Town of Manalapan own and
16 maintain separate potable water distribution systems which are in close proximity to each
17 other along the U.S. Highway 1 near Dimick Road; and
18 WHEREAS, It would be beneficial to the Town of Manalapan to establish an
19 interconnection with the City's system in order to provide for an alternate supply of water
20 during emergencies, including fire fighting emergencies; and
21 WHEREAS, the City Commission of the City of Boynton Beach, upon
22 recommendation of staff, deems it to be in the best interests of the residents and citizens of the
23 City of Boynton Beach to approve and authorize the City Manager and City Clerk to execute
24 the Interlocal Agreement between the City of Boynton Beach and the Town Of Manalapan
25 providing for an emergency interconnection between the potable water systems.
26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
27 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
28 Section 1. Each Whereas clause set forth above is true and correct and
29 incorporated herein by this reference.
30 Section 2. The City Commission of the City of Boynton Beach, Florida does
31 hereby approve and authorize the City Manager and City Clerk to execute the Interlocal
S:\CA\RESO\AgreementStReso - ILA with Manalapan (emergency interconnect).doc
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I Agreement between the City of Boynton Beach and the Town Of Manalapan providing for an
2 emergency interconnection between the potable water systems, a copy of said Agreement is
3 attached hereto as Exhibit "A",
4 Section 3, That this Resolution shall become effective immediately upon passage.
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5 PASSED AND ADOPTED this ~ day of May, 2010.
6 CITY 0 BOYNTON BEACH, FLORIDA
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22 ATTEST:
23 'tn. p~
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25 M. Prainito, MMC
26 Clerk
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S:\CA\RESO\AgreementStReso - ILA with Manalapan (emergency interconnect}.doc
INTERLOC AL AGREEMENT BET\VEEN g 10 - 05 (
CITY OF BOYNTON BEACH
AND
TOWN OF MANALAP AN
FOR
'VATER MAIN INTERCONNECTION
THIS INTERLOCAL AGREEMENT made and entered into this ~Y If day of J-#~,
2010, 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 Mana lapan, a Florida municipal corporation with its principal address
at 600 South Ocean Boulevard, Manalapan, Florida 33462-3398. hereinafter referred to as the
"Town" for Water Main Interconnection.
WITNESSETH
WHEREAS, the Town and the City have \-vater lines installed in close proximity to each
other along the east side of U.S. Highway I in the proximity of 8250 S. Federal Highway, in Palm
Beach County. Florida; and
WHEREAS. the Town and the City desire to guard against the potential danger offailure of
water service to customers within the Town's service area 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, it is in the best interests of both the Town and the City to enter into this
Agreement to ensure that potable water will 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 163.0 I, Florida 5;ralull.!s.
NOW IlIEREFORE, in consideration of the mutual promises contained herein, the To\vn
and the City agree as follows:
SECTION 1: PURPOSE. The Town \-vill connect its \vater system to the water system of
the City in accordance with mutually agreeable specifications. Such water main interconnection(s)
bet\\ecn the [tI(\'t WW t'z'-cgfWsO'l" hereinafter be referred to as the" Interconnection" or "Project."
3:)lJjO S.'>n!31J All:) .- Pagelof6 Oi IE ~ IE ~ WJ IE ~
HJV38 N01HAOe :10 All..,
~ JUL 28 2010
SECTION 2: PROJECT COSTS. The Town will bear the Project Costs of the
Interconnection installation. Project Costs shall be those costs incurred by the Town for engineering
consulting and construction services in connection with the Interconnection installation, and shall not
include the Town or the City staff costs or attorneys fees incurred in connection with the
performance ofthis Agreement. The estimated Project Cost is q 0 I DOC. for the
installation of the Interconnection.
SECTION 3: INST ALLA TION RESPONSIBILITIES; COSTS REIMBURSEMENT.
The Town shall be responsible for contracting with a licensed contractor for the installation of the
proposed Interconnection. The procurement of a contractor by the Town shall be in accordance with
the ordinances of the Town and the laws of the State of Florida. The proposed Interconnection shall
be located and the costs for such will be provided for as follows:
a. On the east side of U.S. Hwy 1 in a proposed utility easement located across
the frontage of the Gateway Marina, at 8250 S. Federal Highway. This
Interconnection will tie into the Town's eight (8") inch water main on the
north side of the parcel and the City's eight (8") inch water main on the south
side of the parcel.
b. 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 4: 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. See Exhibit A (to be provided by
Boynton Beach) attached hereto and incorporated herein for a depiction of the Interconnect
Assembly Detail. 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 the Town (a "Water Service
Emergency"), the valve ofthe 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 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
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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 CityITown Manager.
SECTION 5: 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 (151) 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 6: INTERCONNECTION REQUEST AND TERMINATION. Upon the
occurrence of a Water Service Emergency, a written or verbal communication from the City
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"). Verbal
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communications shall be followed within 12 hours by a faxed or e-mailed written communication.
If at all possible, notice shall be provided 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 Division Manager or Chief Water Treatment Plant operator 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 8. 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 7: TERM; RENEWAL. It is understood by both parties that the term of this
Interlocal Agreement is ten (10) years. This Interlocal Agreement may be renewed for additional ten
(10) 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
ten (10) year term.
SECTION 8: RIGHT OF REFUSAL. The Town and City each expressly acknowledge the
right of the other to refuse to provide the Emergency Water Service, as set forth in this Interlocal
Agreement, ifthe City or Town Manager 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 9: 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
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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 Slatutes.
SECTION 10: 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. AU 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 oftheir respective obligations pursuant to this
Agreement, this agreement may be terminated.
SECTION 11: 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:
Kurt Bressner, City Manager Utilities Department Town of ManaJapan
City of Boynton Beach City of Boynton Beach 600 South Ocean Boulevard
] 00 E. Boynton Beach Boulevard Attn: Kofi Boateng, P.E. Utilities Director Manalapan, FL 33462-3398
Boynton Beach, Florida 33435 ]24 E. Woolbright Road Fax (561) 585-9477
Fax (56]) 742-60]] Boynton Beach, Florida 33435
Email: bressnerk@bbfl.us Fax (56]) 742-6298 Attn: Town Manager
Email: boatengk@bbfl.us or E-mail to Town Clerk:
I petersen@manalapan.org
SECTION 12: 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 13: SEVERABILITY. In the event any provision of this Agreement shall be
deemed to be invalid or void under any applicable law, the remaining provisions hereof shall not be
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affected and shall continue in full force and effect.
SECTION 14: 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 15: ENTIRE UNDERSTANDING. This Interlocal Agreement constitutes the
entire agreement between the parties. This lnterlocal Agreement may be amended only in writing,
executed by both parties to this Interlocal Agreement.
SECTION 16: 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 Slatutes.
IN WITNESS WHEREOF, the parties have hereto set their hands and seals this &8
day of \...J(1. () e... , 2010.
CITY OF BOYfTON BEACH _AN
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Kurt Bressner, City Manager
Attest: A((eS~ id
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Lisa etersen, Town Clerk
(TOWN SEAL)
Approved as to form:
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Town Attorney
Y:\docs\Manalapan\Agreements-Leases-Contracts\InterlocalAgmt.-City of BB and Town of Manalapan for Water Main InterconnectlOn.doc
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The City of Boynton Beach
City Clerk's Office
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742-6060
FAX: (561) 742-6090
e-mail: prainitoj@bbfl.us
www.boynton-beach.org
June 29, 2010
Linda Stumpf
Finance Director
600 S. Ocean Boulevard
Manalapan, FL 33462
Re: Resolution Rl0-051lnterlocal Aareement Between Citv of Bovnton Beach and
Town of ManalaDan for Water Main Interconnection
Dear Ms. Stumpf:
Attached for your handling are three (3) originals of the agreement mentioned above, as well as" a
copy of the resolution that was passed by City Commission on May 4, 2010. Once the agreements
have been signed please return an original to us for our Central Files.
If I can be of any additional service, please do not hesitate to contact me.
Very truly yours,
CITY OF BOYNTON BEACH
Yn. A~
J et M. Prainito, MMC
City Clerk
Attachments (4)
(3 Agreements & Resolution)
S:\CC\WP\AFTER COMMISSION\Other Transmittal Letters After Commlsslon\2010\R10-051 ILA Manalapan Water Main Interconnectlon.doc
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