R24-278 CFN 20240424840
OR BK 35443 PG 170
F_E1_r F'I:'El) 12/16.1`20::14 434 PM
P:.'Lyn Beach ±n i t,•.,Fb
1 RESOLUTION NO. R24-278 r:ph Ahn' ''_,
F : 170- 194;(21p .)
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT
5 BETWEEN THE CITY AND THE TOWN OF GULF STREAM FOR
6 WATERMAIN INTERCONNECTION AND BULK POTABLE WATER
7 SERVICES;AND FOR ALL OTHER PURPOSES.
8
9 WHEREAS, section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation
10 Act of 1969," authorizes local governments to make the most efficient use of their powers by
11 enabling them to cooperate with other localities on a basis of mutual advantage and thereby to
12 provide services and facilities that will harmonize geographic, economic, population and other
13 factors influencing the needs and development of local communities; and
14 WHEREAS, the City of Boynton Beach ("City") and the Town of Gulf Stream ("Town") have
15 the common power to provide essential public utility services within their respective geographic
16 jurisdictions; and
17 WHEREAS, the Town owns and operates a Community Public Water System to serve
18 residents living within the Town's Service Area; and
19 WHEREAS, the City maintains water lines in the vicinity of the Town's Service Area, which
20 can be extended to allow the Town to connect to the City's Potable Water System, in turn allowing
21 the Town to use the interconnects for Potable Water from the City for distribution and sale to its
22 customers within the Town's Service Area for service connections; and
23 WHEREAS, the City intends to design and construct the necessary infrastructure to
24 connect the City's Potable Water System to the Town's Potable Water System, and the Town
25 agrees to reimburse the City for all costs incurred to connect the systems; and
26 WHEREAS, the City wishes to sell the Town bulk Potable Water within the Town Service
27 Area pursuant to the terms and conditions of this Agreement; and
28 WHEREAS, as a consecutive system,the Town and City agree that the Town will implement
29 and facilitate the conservation of water resources in accordance with the direction of the City and
30 restrictions in effect on the City's system; and
31 WHEREAS, the physical, chemical, and biological quality of all treated potable waters
32 produced by the City currently meets or exceeds all Federal, State, and local laws, regulations, and
1
33 requirements, and the City will take reasonable steps to maintain the quality of treated waters to
34 the Point(s) of Connection; and
35 WHEREAS, it is solely the responsibility of the Town to operate and maintain the water
36 delivery system on the discharge side of the Point(s) of Connection so that the physical, chemical,
37 and biological quality of the treated water meets or exceeds all Federal, State and local laws,
38 regulations, and requirements; and
39 WHEREAS, the City and Town have determined that entering into this Agreement serves
40 a valid public purpose; and
41 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the
42 best interests of the city's citizens and residents to approve an Interlocal Agreement between the
43 City and the Town of Gulf Stream for Watermain Interconnection and Bulk Potable Water Services.
44
45 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON
46 BEACH, FLORIDA, THAT:
47 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
48 being true and correct and are hereby made a specific part of this Resolution upon adoption.
49 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby
50 approve an Interlocal Agreement between the City and the Town of Gulf Stream for Watermain
51 Interconnection and Bulk Potable Water Services (the "Interlocal Agreement"), in form and
52 substance similar to that attached as "Exhibit A."
53 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby
54 authorizes the Mayor to execute the Interlocal Agreement. The Mayor is further authorized to
55 execute any ancillary documents required under the Agreement or necessary to accomplish the
56 purposes of the Agreement and this Resolution.
57 SECTION 4. Upon full execution of the Interlocal Agreement, the Interlocal Agreement
58 shall be filed with the Clerk of the Circuit Court of Palm Beach County, Florida, as required by
59 Section 163.01(11), Florida Statutes, for interlocal agreements.
60 SECTION 5. The City Clerk's office shall provide a copy of the filed Interlocal Agreement
61 to Dr. Kalkat to provide to the Town.
1
62 SECTION 6. This Resolution shall take effect in accordance with law.
63
64 PASSED AND ADOPTED this /9 441 day of Wl,rrn 2024.
65 CITY OF BOYNTON BEACH, FLORIDA
66 YES NO
67 Mayor—Ty Penserga
68
69 Vice Mayor—Aimee Kelley t./
70
71 Commissioner—Angela Cruz
72
73 Commissioner—Woodrow L. Hay
74
75 Commissioner—Thomas Turkin
76
77 VOTE __
78 AT ES
79
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80 ►�..� -
I 7,47,4.
81 Maylee I - ,us, MPA, MC T. a
82 City Clerk Ma. •
83
1<c QDY N TOA/ �
84 O • ......T. F`� APPROVED AS TO FORM:
85 (Corporate Seal) A. *" F•••.-7
86SE
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87 i ;INCORPORATED; Y �j
1920 / .L
88 •. Shawna G. Lamb
89 It`\\` .FLORVO City Attorney
INTERLOCAL AGREEMENT BETWEEN
CITY OF BOYNTON BEACH AND THE TOWN OF GULF
STREAM FOR WATERMAIN INTERCONNECTION AND
BULK POTABLE WATER SERVICES
THIS AGREEMENT is hereby made and entered into by and between the
CITY OF BOYNTON BEACH, FLORIDA, a municipality organized under the laws of the State
of Florida(hereinafter"CITY"),and the TOWN OF GULF STREAM,FLORIDA,a municipality
organized under the laws of the State of Florida (hereinafter "TOWN"), each a "Party" and
collectively the"Parties."
WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal
Cooperation Act of 1969" authorizes local governments to make the most efficient use of their
powers by enabling them to cooperate with other localities on a basis of mutual advantage and
thereby to provide services and facilities that will harmonize geographic, economic, population
and other factors influencing the needs and development of local communities;and
WHEREAS,the Parties have the common power to provide essential public utility services
within their respective geographic jurisdictions;and
WHEREAS, the TOWN owns and operates a Community Public Water System to serve
residents living within the TOWN Service Area as shown on Exhibit B;and
WHEREAS, the CITY maintains water lines in the vicinity of the TOWN's Service Area,
which can be extended to allow the TOWN to connect to the CITY's Potable Water System, in
turn allowing TOWN to use the interconnects for Potable Water from the CITY for distribution
and sale to its customers within the TOWN Service Area for service connections; and
WHEREAS, the CITY intends to design and construct the necessary infrastructure to
connect the CITY's Potable Water System to the TOWN's Potable Water System, and TOWN
agrees to reimburse CITY for all costs incurred to connect the systems; and
WHEREAS, the CITY wishes to sell the TOWN bulk Potable Water within the TOWN
Service Area pursuant to the terms and conditions of this Agreement; and
WHEREAS, as a consecutive system, the TOWN and CITY agree that the TOWN will
implement and facilitate conservation of water resources in accordance with the direction of the
CITY, and restrictions in effect on the CITY's system; and
WHEREAS, the physical, chemical, and biological quality of all treated potable waters
produced by the CITY currently meets or exceeds all Federal, State, and local laws, regulations,
and requirements,and the CITY will take reasonable steps to maintain the quality of treated waters
to the Point(s) of Connection;and
WHEREAS,it is solely the responsibility of the TOWN to operate and maintain the water
delivery system on the discharge side of the Point(s)of Connection so that the physical, chemical,
Boynton Beach/Gulf Stream Potable Water ILA(7.30.24) Page 1 of 15
and biological quality of the treated water meets or exceeds all Federal, State and local laws,
regulations,and requirements; and
WHEREAS, the CITY and TOWN have determined that entering into this Agreement
serves a valid public purpose.
NOW, THEREFORE, for and in consideration of these promises,the mutual undertakings
and agreements herein contained and assumed,the sufficiency of which is acknowledged by both
Parties hereto,the CITY and TOWN hereby covenant and agree as follows:
1. Recitals. The foregoing statements are true and correct and are incorporated herein by
reference and made a material part of this Agreement.
2. Scope of Agreement. The CITY agrees to furnish, and the TOWN agrees to purchase
and accept, Potable Water in accordance with the terms and conditions of this
Agreement. The CITY shall furnish, and the TOWN shall accept, the Potable Water at
the Point(s)of Connection shown in Exhibit A.
3. Term. This Agreement shall commence on the Effective Date of this Agreement and
continue for a term of twenty-five (25) years. This Agreement may be renewed for
additional ten(10)year terms,upon the same terms and conditions as herein provided,by
written agreement of the Parties prior to expiration of the initial term of this Agreement
or any renewal thereof. Renewals of this Agreement may be executed by the City (or
Town)managers for the TOWN and the CITY.
4. Definitions. The following definitions and references are given for the purpose of
interpreting the terms as used in this Agreement and apply unless the context indicates a
different meaning:
(a) "Average Daily Flow (ADF)" — the average daily flow rate of Potable Water
collectively measured through all Points of Connection.The ADF rate is calculated by
dividing the total amount of Potable Water flowing through the Points of Connection
in any one fiscal year by the number of days in that same fiscal year.
(b) "CITY's Potable Water System"—the system owned and/or operated by the CITY
for the production and distribution of Potable Water to all retail, wholesale,
and/or bulk customers of the CITY,said system being located on the CITY's side
of the various Points of Connection and including all Potable Water meters and
related appurtenances located at the Point(s)of Connection.
(c) "Point(s)of Connection"—The location(s)where the CITY's Potable Water System
is connected with the TOWN's Potable Water System, as shown in Exhibit A,
which is incorporated herein and attached hereto. The Potable Water System of the
CITY shall include the water meter(s) and related appurtenances located at the
Point(s)of Connection, with said water meter(s) being utilized for the measurement
and payment of Potable Water obtained by the TOWN.
Boynton Beach/Gulf Stream Potable Water ILA(7.30.24) Page 2 of 15
(d) "Potable Water" — Water for human consumption, which meets all applicable
Federal, State, and County standards.
(e) Service Areas:
a. "TOWN Service Area" - The area within which TOWN owns and
maintains a Potable Water distribution system.
b. "TOWN's Potable Water System"—the system owned and/or operated by
the TOWN for the distribution of Potable Water,said system being located
on the TOWN's side of the Point(s)of Connection.
5. Point(s)of Connection,Design,and Construction.
(a) The Parties agree that the Points of Connection of the TOWN System to the CITY
System and meter locations shall be: PCN 20-43-46-04-51-002-0000 (Latitude
(26.491470);Longitude(-80.063091)(location)and PCN 08-43-45-34-15-000-0111
Exhibit A.A survey will be conducted and documented during the construction phase
of the project and the exact locations of the meters will be determined based on the
survey.
(b) CITY has agreed to provide the engineering and construction services necessary to
connect the TOWN's Potable Water System to the CITY's infrastructure.CITY shall
be responsible for overseeing the project,coordinating with the design engineer,and
otherwise contracting and coordinating with all other entities as necessary to
effectuate the project. CITY shall design, permit, and construct all connection
facilities necessary to transmit Potable Water from the CITY's Potable Water System
to the TOWN's Potable Water System. At the conclusion of construction, the CITY
will own all infrastructure on the CITY's side of the Point(s) of Connection.
(c) TOWN has agreed to reimburse CITY its actual cost to perform the design and
construction services, estimated to be $150,000 for design and $1.5 million for
construction. Payments will be made within thirty (30) days after TOWN's receipt
of an invoice from CITY as follows:
a. On execution of this Agreement $150,000.00
b. On delivery of connection Design Documents/Plans $750,000.00
c. On Tie-In of water main on Gulfstream Blvd. from
S. Seacrest Blvd to Federal Hwy $750,000.00
d. On Tie-In of water main on Gulfstream Blvd. from
S. Seacrest Blvd. to Federal Hwy-Capacity Facility
Charges for 10"Meter $329,868.00
If the actual cost of the Project deviates from the estimated cost,the final payment by
Town shall be adjusted upward or downward to reflect such deviation.
Boynton Beach/Gulf Stream Potable Water ILA(7.30.24) Page 3 of 15
(d) On or before the date final meter connections are made, TOWN shall install a
backflow prevention device ("RPZ") on the TOWN's side of the Point(s) of
Connection. TOWN shall be responsible for all maintenance, service, and timely
replacement of the RPZ in accordance with the CITY's Cross Connection manual,as
amended from time to time, any other City ordinance or policy requirements.
6. Commencement of Services and Obligation to Accept Service.CITY shall not be obligated
to commence providing Potable Water Service pursuant to this Agreement until thirty(30)
days after the date upon which the interconnection between the CITY and TOWN's Potable
Water Systems have been constructed at the Point of Connection, as further described in
Section 5 above.Except as otherwise provided herein,TOWN agrees that during the term
of this Agreement, the CITY shall be the sole provider of bulk Potable Water services to
the Town Service Area set forth in Exhibit B, and the TOWN shall only accept Potable
Water services from the CITY for the TOWN Service Area as set forth in Exhibit B.
(a) Metering. The Parties shall share the cost of providing metering equipment as further
detailed herein for billing purposes,and such meters shall be uni-directional(i.e.,one
way) so as to avoid back flow.
(b) Meters. Initial meter and installation cost will be included in the water main
construction and tie-in connection costs. Any subsequent meter change out will be
the CITY's responsibility. The metering equipment will be installed on the piping at
the Points of Connection,which will be capable of measuring the Potable Water flow
from the CITY's Potable Water System to the TOWN's Potable Water System. Such
meter(s)shall meet the CITY specifications and standards as well as standards of the
American Water Works Association for quality and accuracy and shall be accurate
to within(+/-)two percent(2%). CITY staff will be available on site to observe meter
installation. The initial installed meter would be turned over to the City after
installation and will be owned by the City.
(c) Meter Testing. The TOWN mayrequest one (1) accuracytest byCITY without
q
charge at any time during any twelve(12)month period.The TOWN shall reimburse
the CITY for its actual costs of completing additional tests requested by TOWN in
any twelve (12) month period. Copies of test results will be provided to TOWN
within thirty(30)days after completion of the test. If the meter is found to be in error
exceeding two percent(2%)of true accuracy, it will be recalibrated by CITY.
7. Monthly Billed Usage. The TOWN shall be billed the service rate on a monthly basis for
actual metered Potable Water service delivered by the CITY to the TOWN based on
master meter(s)in accordance with the following conditions:
(a) Usage shall be charged at bulk rates, as set forth in section(b).
(b) The CITY shall charge the TOWN a bulk service rate of$3.75/1000 gallons, which
is based on the cost of water conveyance,treatment,distribution,metering and billing
and as the rate for non-residential users is increased or decreased subsequent to the
Boynton Beach/Gulf Stream Potable Water ILA(7.30.24) Page 4 of 15
date of this Agreement,the rate payable by the TOWN shall float with said increases
or decreases,Future rate changes will be allowed only at the time of the CITY's Water
System rate increases and shall be implemented by a resolution or ordinance adopted
by the City Commission. The new rate to be charged will be based on the same
percentage increase as the CITY's Water System customers.
(c) The CITY agrees to provide the TOWN with written notification of all rate increases
upon passage of the new rate by the CITY's City Commission or 90 days before rates
go into effect, whichever is greater. In the case of multiple-year rate authorizations,
a separate notice will be sent 90 days prior to each incremental change approval.
(d) The TOWN agrees to pay for all Potable Water received from the CITY and to make
payments to the CITY within thirty (30) days after the date the bill is rendered by
CITY. A one percent (1%) per month interest charge will be assessed on any
outstanding balance thereafter. If payment has not been received after ninety (90)
days from the date of the original bill, then the CITY may discontinue services
provided to the TOWN by this Agreement.
(e) Payments required herein shall be governed by the provisions of Chapter 218, Part
VII, Florida Statutes,the"Local Government Prompt Payment Act,"or its successor
in function, or as otherwise mutually agreed to between the Parties.
(f) The rates for water utility services charged by CITY to the TOWN shall be
established by the City Commission, shall be fair and reasonable, shall always be
subject to such regulation as may be provided by State law and shall not exceed the
rate adjustments applied to the commodity charges imposed on single family
residential customers located within the CITY. In consideration of the TOWN paying
all costs to extend the water pipeline from the CITY to the TOWN at TOWN's sole
expense, CITY waives,and shall not add to the rates, fees, utility taxes, and charges
for water utility service within the TOWN, any surcharges or taxes authorized
pursuant to Chapters 163 and 180, Florida Statutes.
8. Maintenance Responsibilities. Each Party agrees that they are responsible for all
p
improvements,maintenance,and repairs related to their respective equipment on their side
of the Point(s)of Connection and that thepoint to determine compliance with p t the contract
terms is the Point of Connection. The Parties respective duties to operate and maintain
p
the equipment on their side of the Points of Connection shall survive the expiration or
termination of this Agreement. CITY shall construct, maintain, and operate the CITY
Potable Water System in accordance with the applicable regulations of the Federal
Government and the State of Florida. The quantity and quality of water delivered shall
always be and remain not inferior to the applicable standards for public water supply and
other applicable Federal, State,or local rules,regulations and standards now or hereafter
adopted.
9. No Guarantee of Quality, Flow, Pressure within TOWN Potable Water System. It is
mutually agreed that by entering into this Agreement, the CITY does not incur any
Boynton Beach/Gulf Stream Potable Water ILA (7.30.24) Page 5 of 15
responsibility for the quality, flow, or pressure of the Potable Water beyond the Points
of Connection. The CITY agrees to provide water pressure in accordance to the Florida
Administrative Code Section 62-555,as amended.
10. Additional Terms and Conditions.
(a) Water Shortage. In the event that, despite all reasonable diligence exercised by the
CITY in developing and maintaining adequate sources of water supply, there shall
be at any time an insufficient supply of water available to fulfill the TOWN's Potable
Water needs,the CITY may reasonably,which shall be determined by the CITY in its
sole discretion, limit the amount of Potable Water to be supplied to the TOWN, the
CITY shall be deemed to have fully performed its duties and obligations under this
Agreement, and if in such circumstances, it shall furnish and deliver to the TOWN
any surplus water available over and above the needs of the CITY's inhabitants. If
the CITY is unable to fulfill the total requirements of all customers of TOWN,then
TOWN shall have the right, without cancellation of this Agreement, to seek an
alternative source of water to fulfill the needs of the inhabitants of the TOWN that
are not at that time being fulfilled by CITY. If CITY is unable to supply the total
requirements of all customers of the TOWN, this shall not terminate or cancel this
Agreement. It shall always be an obligation of the TOWN hereunder to purchase all
Potable Water necessary to fulfill the requirements of the TOWN to the extent that
the CITY is able to furnish such water to the TOWN and the fact that the TOWN
may be obligated to or using an alternate entity and/or source of water supply shall
not diminish the obligation of the TOWN in this regard.
(b) The CITY shall determine that the provision of Potable Water to the TOWN will not
impose a danger to the health, safety or welfare of its citizens of the CITY. Any
resultant expenses incurred by the CITY as a result of the connection to the TOWN
system shall be reimbursed by the TOWN.
(c) The CITY may require the TOWN to impose use restrictions on its customers as
prescribed by the CITY by the same percentage, level, and/or manner as the CITY
restricts service to customers located within the CITY's service area.
(d) The CITY's sole responsibility is the transmission of Potable Water to the TOWN's
Points of Connection. Water shall be considered the property and responsibility of the
TOWN once it has passed through the Point(s)of Connection. The CITY and TOWN
each shall have the sole and exclusive right to sell and distribute the water in its
respective water system on its respective side of the Point(s)of Connection.
11. Additional Future Capacity Fees. The TOWN represents that it is essentially built out
and does not anticipate any significant increase in Potable Water demands. If permanent
additional capacity is required to meet the needs of the TOWN, or the TOWN's usage
goes over 30 (thirty) Million Gallons (mg) in a month (as calculated to not exceed
30mg/month, based on historic usage of 900,000 gallons per month or less) the TOWN
may request additional water capacity from CITY above the amounts stated previously
Boynton Beach/Gulf Stream Potable Water ILA (7.30.24) Page 6 of 15
in Section 11 for its exclusive use, and if CITY has available and agrees to convey the
additional capacity requested, such amounts may be purchased with the payment of
CITY's currently adopted Water Capital Facilities Charge for residential property
located beyond the municipal limits of Boynton Beach. Capacity may be purchased in
increments of one hundred (100) Equivalent Residential Units (ERUs), which shall be
equal to twenty-five thousand gallons of water capacity per day(100 ERUs x 250 gallons
per day = 25,000 gallons per day). For example, the current Water Capital Facilities
Charge as of the date of this Agreement is one thousand four hundred and three dollars
($1,403.00 [Section 26-34(1)(c)of the City Code])multiplied by the capacity increment
of 100 ERUs would result in a total Water Capital Facilities Charge due to City of
$140,300 with a corresponding increase in water capacity reserved of twenty-five
thousand(25,000)gallons per day, which would result in a total monthly water capacity
of thirty million seven hundred and fifty thousand(30,750,000)gallons.Notwithstanding
the foregoing, if the TOWN exceed its then current level of capacity for three (3)
consecutive months, the CITY and TOWN will negotiate for additional future capacity
for the TOWN, and such Water Capital Facilities Charge shall be calculated in
accordance with the formula set forth above.
It is further agreed that these capital facilities fees are the property of the CITY but that
the TOWN may charge its own additional connection charges, surcharges,or equivalent
to its new customers in accordance with state law.
12. Presumed Consumption and Required Payment in Case of Billing Meter Failure.
The Parties agree that, if a meter becomes inoperative during the first year after the Tie-In of
water main on Gulfstream Blvd. from S. Seacrest Blvd. to Federal Hwy,the City shall bill the
Town on the basis of the last preceding month's bill while said meter was operative. If the
meter becomes inoperative after it has been in operation for a twelve-month period, the City
shall bill the Town on the basis of the same month in the previous year.The CITY shall make
all efforts to restore the meter to working order as soon as possible,with the cost of any repairs
to be split by the CITY and the TOWN.
13. Termination of Agreement.
(a) Termination for Cause. The Parties expressly covenant and agree that in the event
either Party is in default of its obligations herein,the Party not in default shall provide
to the Party in default ninety (90) days written notice to cure said default before
exercising any of its rights as provided for in this Agreement. Failure to cure said
default within ninety (90) days following notice shall be grounds for termination of
this Agreement. Termination of this Agreement by either Party shall require twenty-
four(24)months prior written notice to the other Party prior to the termination date.
The Parties may mutually agree to extend the time for cure and/or termination.
(b) Termination by Mutual Agreement. This Agreement may be terminated by law or at
any time by the written agreement of the CITY and TOWN. The TOWN will not be
entitled to a refund of any Capacity Fees or other reimbursements, and all service
will be discontinued upon the termination date if so terminated.
Boynton Beach/Gulf Stream Potable Water ILA(7.30.24) Page 7 of 15
(c) Termination Upon Expiration.This Agreement shall be considered terminated on the
expiration date of the Agreement as adjusted by extensions approved in accordance
with Paragraph 3 of this Agreement. The TOWN will not be entitled to a refund of
any Capacity Facilities Charge or other reimbursements, and all service will be
discontinued upon the expiration date.
14. Water Shortages. In the event the South Florida Water Management District or other
government unit with authority declares a water shortage,then the CITY shall have the
right to restrict service to the TOWN by the same percentage,level,and/or manner as
the CITY restricts service to customers located within the CITY's service area.
15. Water Quality. The physical, chemical,and biological quality of all waters delivered
to the TOWN by the CITY currently meets or exceeds all Federal, State, and local
laws, regulations, and requirements, and the CITY shall take reasonable steps to
maintain the quality of treated waters to the Point of Connection.
16. Independent Contractors. This Agreement does not and shall not be construed to
make any officer or employee of CITY an officer or employee of the TOWN for any
purpose whatsoever, nor any officer or employee of the TOWN an officer or
employee of CITY for any purposes whatsoever.Neither Party is authorized to make
or enter into any contract,agreement,or warranty for or on behalf of the other,unless
the Parties have entered into a written agreement expressly authorizing such.
17. Force Majeure. In the event that the performance of this Agreement by either Party to
this Agreement is prevented or interrupted in consequence of any cause beyond the
control of either Party including, but not limited to, Acts of God or of the public
enemy, war, national emergency, allocation of or other governmental restrictions
upon the use or availability of labor or materials, rationing, civil insurrection, riot,
racial or civil rights disorder or demonstration, strike, embargo, flood, tidal wave,
fire, explosion, bomb detonation, nuclear fallout, windstorm, hurricane, earthquake,
or other casualty or disaster or catastrophe, said Party shall not be liable for such
nonperformance.This provision shall not affect the payment terms in this Agreement.
18. Successors and Assigns. The CITY and the TOWN each binds itself and its partners,
successors, executors, administrators, and assigns to the other Party and to the
partners, successors, executors, administrators, and assigns of such other Party, in
respect to all covenants of this Agreement. Neither the CITY nor the TOWN shall
assign, sublet, convey,or transfer its interest in this Agreement without prior written
consent of the other Party. Such consent will not be unreasonably withheld.
19. Enforcement Costs. Any costs or expenses (including reasonable attorney's fees)
associated with the enforcement of the terms and conditions of this Agreement shall
be borne by the respective Parties; provided, however, that this clause pertains only
to the Parties to this Agreement.
Boynton Beach/Gulf Stream Potable Water ILA (7.30.24) Page 8 of 15
20. Severability. If any term or provision of this Agreement, or the application thereof,
to any person or circumstance shall, to any extent, be held invalid or unenforceable
by any court of competent jurisdiction, then the remainder of this Agreement, or the
application of such terms or provision, to persons or circumstances other than those
as to which it is held invalid or unenforceable, shall not be affected, and every other
term and provision of this Agreement shall be deemed valid and enforceable to the
extent permitted by law.
21. Notice. Unless otherwise stated herein, for notice to a Party to be effective under this
Agreement, notice must be sent via U.S. first-class mail, hand delivery, or
commercial overnight delivery, each with a contemporaneous copy via email, to the
addresses listed below and shall be effective upon mailing or hand delivery(provided
the contemporaneous email is also sent).Payments shall be made to the address listed
on the CITY's invoice. Addresses may be changed by the applicable Party giving
notice of such change in accordance with this section.,
If to CITY,shall be mailed or delivered at:
City of Boynton Beach
Attn: City Manager
100 East Ocean Avenue
Boynton Beach,FL 33435
with copies to:
City of Boynton Beach
Attn: Utility Director
124 East Woolbright Road
Boynton Beach,FL 33435
and if to TOWN, shall be mailed or delivered at:
Town of Gulf Stream
Attn: Town Manager
100 Sea Road
Gulf Stream, FL 33483
with copies to:
Town of Gulf Stream
Attn: Utilities Director
100 Sea Road
Gulf Stream FL, 33483
22. Recordation. This Agreement and all amendments and renewals thereto shall be filed
Boynton Beach/Gulf Stream Potable Water ILA(7.30.24) Page 9 of 15
and recorded with the Clerk of the Circuit Court for Paim Beach County in
accordance with Section 163.01,Florida Statutes.
23. Amendment and Modification. This Agreement may only be amended, modified,
changed, supplemented or discharged by an instrument in writing signed by the
Parties hereto, except that renewals of this Agreement may be executed by the City
(or Town) managers for the TOWN and the CITY as long as all other terms and
conditions remain the same.
24. Liability.
(a) Except to the extent sovereign immunity may be deemed waived by entering into this
Agreement,nothing herein is intended to serve as a waiver of sovereign immunity by
either Party nor shall anything included herein be construed as consent by either Party
to be sued by a third party in any matter arising out of this Agreement.No Party shall
be deemed to assume any liability for the negligent or wrongful acts or omission of
the other Party. Each Partyis a state
agency or political subdivision as defined in
Section 768.28, Florida Statutes,and shall be responsible for the acts and omissions
of its agents or employees to the extent required by applicable law.
(b) Indemnity. To the extentpermitted bylaw and subject to the limitations of Florida
h' J
Statutes, Section 768.28, TOWN to agrees indemnifyand hold harmless from and
g
against any loss, damage, liability, claim or obligation of any kind or nature
whatsoever, which CITY may incur or which may be asserted against CITY as a
result of any actions or conditions on the discharge side of the Point of Connection
affecting quality,water service,or water availability.
(c) Nothing contained in this Agreement shall be construed to constitute a transfer of
powers in any way whatsoever. This Agreement is solely an Interlocal Agreement to
provide services as authorized by Chapter 163, Florida Statutes. The governing
bodies for the CITY and the TOWN shall each maintain all legislative authority with
regard to their respective municipality. All of the privileges and immunities from
liability, exemptions from laws, ordinances, and rules; and pensions and relief,
disability, workers' compensation, and other benefits which apply to the activity of
officers, agents, or employees of any public agents or employees of any public
agency when performing their respective functions within the territorial limits for
their respective agencies shall apply to the same degree and extent to the performance
of such functions and duties of such officers,agents,or employees extra-territoriality
under the provisions of any such Interlocal Agreement.
25. Insurance. Each Party is an entity subject to Section 768.28, Florida Statutes. Each
Party represents that it is insured and/or self-insured with coverage limits in
accordance with state law. Each Party will provide the other Party with written
verification of liability protection in accordance with state law upon request
throughout the term.
Boynton Beach/Gulf Stream Potable Water ILA(7.30.24) Page 10 of 15
26. Materiality and Waiver or Breach. Each requirement, duty, and obligation set forth
herein was bargained for at arm's-length. Each requirement,duty,and obligation set
forth herein is substantial and important to the formation of this Agreement,and each
is, therefore, a material term. Any Party's failure to enforce any provision of this
Agreement shall not be deemed a waiver of such provision or modification of this
Agreement. A waiver of any breach of a provision of this Agreement shall not be
deemed a waiver of any subsequent breach and shall not be construed to be a
modification of the terms of this Agreement.
27. Effective Date. The Effective Date of this Agreement is the date this Agreement is
approved by the TOWN's and the CITY's governing bodies. Once this Agreement is
fully executed,it shall be filed with the Palm Beach County Clerk and Comptroller
in conformance with Section 163.01(11),Florida Statutes.
28. Prior Agreements and Entirety of Agreement.This Agreement,upon its approval and
execution by both Parties, shall supersede any and all prior negotiations,
correspondence, conversations, agreements, including the expired prior agreement
and any amendments thereto, or understandings applicable to the provision of bulk
Potable Water interconnect and supply and the Parties agree that there are no
commitments, agreements or understandings concerning the subject matter of this
Agreement that are not contained in this Agreement. Accordingly,it is agreed by the
Parties that there shall be no deviation from the terms hereof which shall be
predicated upon any prior representation or agreements whether oral or written,
unless said are specifically provided for herein. This Agreement constitutes the entire
understanding of the Parties with respect to the provision of public water supply
services. Except as provided this Agreement may not be modified unless such
modification and/or waiver is in writing and is agreed to and signed by both Parties.
The Parties expressly agree that any uncertainties or ambiguities contained herein
shall not be construed against or in favor of either Party.
29. No Third-Party Beneficiaries. Neither CITY nor TOWN intends to directly or
substantially benefit a third party by this Agreement. Therefore, the Parties
acknowledge that there are no third-party beneficiaries to this Agreement and that no
third party shall be entitled to assert a right or claim against either of them based upon
this Agreement.
30. No Agency Created. Nothing contained herein is intended to nor shall create an
agency relationship between the TOWN and CITY.
31. Counterparts. This Agreement may be simultaneously executed in several
counterparts, each of which shall be an original and all of which constitute but one
and the same instrument. Either or both Parties may sign this Agreement
electronically or by facsimile or email and such signature is as valid as the original
signature of such Party.
32. Access to Records and Ownership of Documents. The Parties agree and stipulate that
Boynton Beach/Gulf Stream Potable Water ILA (7.30.24) Page 11 of 15
III
both Parties are subject to Florida public records laws and shall fully comply with
same. At the request of either Party the other shall, in accordance with applicable
law, respond to any request for public records received by the requesting party
relating to this Agreement. Any other public records request shall be responded to by
the receiving Party. Each Party shall cooperate upon request by the other Party and
provide any requested records to enable the Party to respond to a public records
request.It shall be a breach of this Agreement if a Party refuses to allow public access
to all documents,papers, letters or other material subject to the provisions of Chapter
119, Florida Statutes, made or received by the Parties in conjunction with this
Agreement.
33. Compliance with Law. The CITY and TOWN shall comply with all laws,
ordinances, and regulations applicable to their obligations under this Agreement.
34. Regulatory Capacity. Notwithstanding the fact that CITY is a municipal corporation
with certain regulatory authority, CITY's performance under this Agreement is as a
Party to this Agreement and not in its regulatory capacity. If CITY exercises its
regulatory authority,the exercise of such authority and the enforcement of applicable
law shall have occurred pursuant to CITY's regulatory authority as a governmental
body separate and apart from this Agreement, and shall not be attributable in any
manner to CITY as a Party to this Agreement.
35. Representation of Authority. Each individual executing this Agreement on behalf of
a Party represents and warrants that they are, on the date they sign this Agreement,
duly authorized by all necessary and appropriate action to execute this Agreement on
behalf of such Party and that they do so with full legal authority.
36. Governing Law: Venue. This Agreement shall be governed by the laws of the State
of Florida. Any and all legal action necessary to enforce, or arising out of this
Agreement shall be held exclusively in Palm Beach County, Florida.
(REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK)
Boynton Beach/Gulf Stream Potable Water ILA(7.30.24) Page 12 of 15
INTERLOCAL AGREEMENT BETWEEN
CITY OF BOYNTON BEACH AND THE TOWN OF GULF STREAM FOR
WATERMAIN INTERCONNECTION AND BULK POTABLE WATER SERVICES
IN WITNESS WHEREOF, IN WITNESS WHEREOF, the Parties hereto have made and
executed this Interlocal Agreement: City of Boynton Beach, sigby and through its Mayor,
authorized to execute same by City Commission action on the �%r-'day of )l p.cj be r ,
2024, and Town of Gulf Stream, signing by and through its
ri/'(�, , authorized to execute same by Town Commission
action on the o?7lJr"day of Ddbx-- , 2024.
City of Boynton Beach Town of Gulf Stream
By: C / Are. By: 0/‘
Ma • • Ar�- : or
ATT" ' T ATTEST
City er4 'own Clerk
1►
Approv r as to f. Approved as to form
C�
y: .11%1By:
• ' R. W;roger Edward C. Na zaro
Deputy City Attorney Town Attorney
;Icto ; RATE It,
C._ - Q\�.
2
\ •2 : 5
. Q
Boynton Beach/Gulf Stream Potable Water ILA(7.30.24) Page 13 of 15
r
4
I
1
i 41,
INTERLOCAL AGREEMENT BETWEEN
CITY OF BOYNTON BEACH AND THE TOWN OF GULF STREAM FOR
WATERMAIN INTERCONNECTION AND BULK POTABLE WATER SERVICES
IN WITNESS WHEREOF, IN WITNESS WHEREOF, the Parties hereto have made and
executed this Interlocal Agreement: City of Boynton Beach, signing by and through its Mayor,
authorized to execute same by City Commission action on the 19441day of kiovp,✓s'bei ,
2024, andf. Town of Gulf Stream, signing by and through its
[Y , authorized to execute same by Town Commission
action on the day of °Co , 2024.
City of Boynton Beach Town of Gulf Stream
By: 7------ AIPP /,es Ze f By: ..... Al Il
Ma •_a1V411.1.— i. 1 44
A r"S ATTES
• li , it ___
, , ....., ..41
City Cle k , iiii Clerk AP
Approv/d as to form Approved as to form •
BY: Akin IA 1kA., By:
a."1";11'. Winer Edwar./C.Nazzaro
D- .uty City Attorney Town Attorney ./.f16'f,...
1,t,'t'f �A M
i e°
i`.' So e t .
;�gOYNTpN•1 s ;r
r,:
f ••• •••°°• 11 . o , ,f . •
I
%
f aj AL :_ , r r i le, 0
, .INCORPORATED; i 7N. -C n'''.„)
r
• 4
.,� ••.•• Q••. �a--°et``.6E�"` .I/, ,alit •
44
1ty
1‘‘ ORION
(110
Boynton Beach/Gulf Stream Potable Water ILA(7.30.24) Page 13 of 15
EXHIBIT A •
POINT(S)OF CONNECTION
•
•
/.4" y,;c,off
; ,3317-NymobiI i
•oce
Y
•
Boynton Beach/Gulf Stream Potable Water ILA(7.30.24) Page 14 of 15
EXHIBIT A
POINT(S) OF CONNECTION
Boynton Beach/Gulf Stream Potable Water ILA(7.30.24) Page 14 of 15
µ. �J1
• C
• IMig3 /,,/
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ri _
14
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Jam, Robe t Rt `.
"�' `.
Ridge Rd h "•r — I r M _� ,
r '5 - - I
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Lit1.
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, 111
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Lauren :r iia: � � ` — —or'
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Pme PPI F' r - — �,
J? r r
L/1 Location of Future City Water )Connection
PCN: 20-43-46-04-51-002-0000
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r BluewaterCv -�-�
4- 1. 4w -
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so/ . Rai ' ll
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*Date 1
isi
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'1' ID E.
+�, �, ;,. *_Bamboo Dt )� Bamboo D, Au.
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y B
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--4 t ' 1 •• 4 . •l ftp._ ..7 m�,��� I0 • O `✓
` . North LnIM1 _,W5,1-011,7" ---M f,$1 ' L
——
a 1724
-- Centres =++++1 A i. r���.. 'WI®r `�, r! 1_• fr
�_. 1 `Lnir - `iCD 0c .'4., ➢M .,,-...Y:!
=Perry•Ave_
rr:r.rt;��l �r = S OUtti:sO°: ' Ln_W Y� --®I � ,y y .
I 7 l Coral •Rd� �� Ocean Walk ''
:1t60.1
011.,illi ,
01; Coral Rd♦�
•
3(DI
q
.lij 0-
i w, Surt Rd 7
i -t• 1, ''11:011 7 d 2iii ji:71 -,
41 '''' ' • '
WA w
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•• ' « �tom-- - , ear�
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P-.... 1 1.21rQ ' "A •".. 1 k4- , laiNgiliel t': I
.AV ° • • :kill 1—'1 - *It. IMIll -'''- . a r
ntyRt
;, Location of Existing City WaterMB Connection ,_ Z y i
PCN: 08-43-45-34-15-000-01.11 ._,
„� Ar j V 31.
1 ..'.4 ir"
j �." ;� 4✓ • ma Prepared by:Greg Owens
J 'f Date:October 14th,2024
EXHIBIT B
TOWN SERVICE AREA
Boynton Beach/Gulf Stream Potable Water ILA(7.30.24) Page 15 of 15
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LOCATION MAP 4P4'