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R10-051 I I RESOLUTION NO. RI0-0SI 2 3 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. 13 14 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 I 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. -tn 5 PASSED AND ADOPTED this ~ day of May, 2010. 6 CITY 0 BOYNTON BEACH, FLORIDA 7 8 9 10 II 12 13 14 IS 16 17 18 19 20 21 22 ATTEST: 23 'tn. p~ 24 25 M. Prainito, MMC 26 Clerk 27 28 29 (C 30 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 Page 201'6 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 Page 3 of 6 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 Page 401'6 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 Page 5 01'6 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 -D ~/~ Kurt Bressner, City Manager Attest: A((eS~ id m. p~ ~..~ Lisa etersen, Town Clerk (TOWN SEAL) Approved as to form: g~~ Town Attorney Y:\docs\Manalapan\Agreements-Leases-Contracts\InterlocalAgmt.-City of BB and Town of Manalapan for Water Main InterconnectlOn.doc Page 6 01'6 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 America's Gateway to the Gulfstream