Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My Public Portal
About
Boynton Bch - Interlocal Agmt for Emerg. Water
\d� \d -U.�CD INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE TOWN OF GULF STREAM THIS INTERLOCAL AGREEMENT made and entered into this&l'day of A %w c. h 2012, by and between the CITY OF BOYNTON BEACH, a Florida municipal corporation, hereinafter referred to as "BOYNTON BEACH", and the TOWN OF GULF STREAM, a Florida municipal corporation, hereinafter referred to as "GULF STREAM" WITNESSETH WHEREAS, BOYNTON BEACH and GULF STREAM have a 6 -inch interconnection between each water system located in the A -1A Right of Way and Little Club Road; and, WHEREAS, GULF STREAM desires to guard against the potential danger of failure of water service to GULF STREAM customers within the GULF STREAM service area. NOW, THEREFORE, in consideration of the mutual promises contain herein, BOYNTON BEACH and GULF STREAM hereby agree as follows: 1. This agreement constitutes an Interlocal Agreement authorized by Section 163.01, F.S., being a joint exercise of power shared in common that any municipality could exercise separately, and shall be filed with the Clerk of Court in and for Palm Beach, County, Florida upon execution. The purpose of this agreement is to provide that in the event of a GULF STREAM system failure or in the event of the need for scheduled maintenance or capital improvement, the pressure valve at the interconnect will be opened by Boynton Beach to provide potable water to GULF STREAM customers under the terms and condition herein. a. BOYNTON BEACH may limit the amount of water to be supplied. b. BOYNTON BEACH may require GULF STREAM to impose use restrictions on its customers. c. The water used will be measured by a six (6) inch compound turbine meter, with a maximum flow capacity of 1000 — 2500 gallons per minute. Charges for the metered water use through the interconnection shall be at the prevailing lowest "inside -city" rate. No capacity or other fixed charges shall be assessed. The meter shall be read concurrently by BOYNTON BEACH and GULF STREAM approximately the first of each month. GULF STREAM shall make payment to BOYNTON BEACH within thirty (30) days of the invoice date on the monthly bill. d. In the event of the required use of the interconnect, a written or verbal communication from the Town Manager or his authorized representative, setting forth the reason and estimated time of use, shall be provided to BOYNTON BEACH, Director of Utilities' office. e. All notices and payments between the parties hereto shall be mailed by certified mail, and return receipt requested to the following addresses: AS TO CITY OF BOYNTON BEACH City Manager City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33435 AS TO TOWN OF GULF STREAM Town Manager Town of Gulf Stream 100 Sea Road Gulf Stream, Florida 33483 f. The term of this Agreement shall be for a period of 5 years, unless sooner terminated as provided herein. This agreement shall automatically renew for an additional 5 year period, unless either party provides written notice to the other at least thirty (30) days prior to the expiration of the term. 2. The price per thousand gallons will be the lowest commercial rate for each party. 3. Any and all disagreements in regard to water previously invoiced and/or used through this interconnection are resolved. 4. Each party to this agreement shall remain liable for its own negligence and any and all negligent actions by its employees, agents or officers in the performance of obligations hereunder. Nothing contained herein shall be construed as a waiver of the applicable sovereign immunity protections or the limitation of liability set forth in section 768.28, F.S. 5. Either party may terminate this agreement for any reason upon a minimum of thirty (30) days notice to the other party. 6. Each person signing this agreement on behalf of either party individually warrants that he or she has the legal power to execute this agreement on behalf of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this agreement. If any terms or provision of this Interlocal Agreement, or the application thereof to any person or circumstance, shall to any extent be held invalid or unenforceable, the remainder of this Interlocal Agreement, or the application of such term or provision, to any person or circumstance other than those as to which it is held valid or unenforceable shall not be affected, and every other term and provision of this Interlocal Agreement shall be deemed valid and enforceable to the extent permitted by law. 8. 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 Interlocal Agreement shall be held in Palm Beach County, Florida. 9. This Interlocal Agreement represents the entire understanding of the parties and supersedes all other negotiations, representation or agreements, either written or oral, relating to this Interlocal Agreement. 10. None of the provisions, terms and conditions contained herein may be added to, modified, superseded or otherwise altered, except by written instrument executed by the Parties hereto. 11. This AGREEMENT may be amended only in writing, executed by both parties to the Agreement. 12. This AGREEMENT shall take effect upon its execution by both parties. Dated at Boynton Beach, Florida, this to � day of Al. -cc k 2012. FOR CITY OF BOYNTON BEACH cwt/ By: Cit Clerk TOWN OF GULF STREAM By: I P Mayor Attest: /?C' - ^ ' Town Clerk Approved as of Bdvnton Beach of Gulf Stream TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA COMMISSIONERS WILLIAM F. KOCH, JR. Mayor JOAN K. ORTHWEIN, Vice Mayor FRED 0. DEVITT III CHRIS D. WHEELER MDRIEL J. ANDERSON March 30, 2012 Janet Prainito, MMC City Clerk City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 Dear Janet: Telephone (561)276-5116 Fax (561) 737-0168 Town Manager WILLIAM H.THRASHER Town Clerk RRA LTAYLOR Please find enclosed a fully executed Interlocal Agreement between Boynton Beach and Gulf Stream that relates to the Water Main Interconnection. If you have any questions, give me a call. Very truly yours, / C,C,fA Rita L. Taylor Town Clerk Encl. 100 SEA ROAD, GULF STREAM, FLORIDA 33483 1 2 3 4 5 6 7 8 9 10 11 12 13 14' 15 16 17 18 19 20 I 21 I 22 I 23 24 25 26 27 28 RESOLUTION R12- O.QO A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE INTERLOCAL AGREEMENT WITH THE TOWN OF GULFSTREAM, PROVIDING FOR WATER MAIN INTERCONNECTION; AUTHORIZING THE INTERIM CITY MANAGER AND CITY CLERK TO EXECUTE THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Gulfstream has an emergency water interconnection that has been in service for a number of years; and WHEREAS, the previous Interlocal Agreement between the City of Boynton Beach and the Town of Gulfstream covering the emergency water interconnection has expired; and WHEREAS, the Town of Gulfstream desires to guard against the potential danger of failure of water service to Gulfstream customers; and WHEREAS, upon the recommendation of City Staff, the City Commission of the City of Boynton Beach deems it to be in the best interest of the citizens and residents of the City of Boynton Beach to approve and authorize execution of the Interlocal Agreement with the Town of Gulfstream covering the operation of the interconnection and payment for the water used. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. Each Whereas clause set forth above is true and correct and incorporated herein by this reference. Section 2. This Commission does hereby approve and authorize the Interim City Manager and City Clerk to execute an Interlocal Agreement with the Town of Gulfstream to provide for a water main interconnection, a copy of which Agreement is attached hereto as Document In Windows Internet Explorer 1 1 1 Exhibit "A". 2 3 4 5. 6i 7 8 9 10 11 12 13 14 15 16 17 18 19i 20 21 22 23 24 25 26 27 28 29 30 31 Section 3. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this 6 Aday of March, 2012. ATTEST: 77 et M. Prainito, MMC ity Clerk Document in Windows Internet Explorer RESOLUTION R98-9.3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE TOWN OF GULFSTREAM (TOWN) AND THE CITY OF BOYNTON BEACH (CITY) PROVIDING THAT THE CITY WOULD PROVIDE WATER TO THE TOWN ON AN AS -NEEDED BASIS SHOULD WATER SERVICE TO THE TOWN FAIL; PROVIDING THAT THIS) AGREEMENT SHALL BE FILED WITH THE CLERK OF COURT FOR PALM BEACH COUNTY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City and the Town have a 6 -inch interconnection between respective water systems located in the A1A Right -of -Way and Little Club Road; and WHEREAS, Section 163.01, Florida Statutes authorizes municipalities to cooperate with one another in the providing of services; and WHEREAS, the City does not presently provide water service to the Town, but has the ability to do so if necessary; and WHEREAS, the Town desires to guard against the potential danger of failure of water service to the Town within the Town service area; and WHEREAS, the interconnection pipe can be utilized to service the Town with water if necessary; AND WHEREAS, city staff has recommended and the City Commission of the City of Boynton Beach has determined that it is in the best interests of the public to enter into this interlocal agreement with the Town of Gulfstream. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. This Commission does hereby authorize and direct the Mayor and City Clerk to execute an Interlocal Agreement between the Town of Gulfstream and the City of Boynton Beach providing that the City of Boynton Beach would provide water service to the Town of Gulfstream Service Area through existing utility connections on an as -needed basis should the existing system fail. A copy of said agreement is attached hereto as Exhibit "A." Section 2. Directing the City Clerk to file a copy of the agreement with the Clerk of Court in and for Palm Beach County, Florida pursuant to Section 163.01, Florida Statutes. Section 3. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this /9 day of May,1998. CITY OF BOYNTON BEACH, FLORIDA Mayor vice or. ayor Pro Tem ATTEST: ,VzVa,xvea�C Ciey Cle&,,,,,,. eo" N TON water P FLOR�� /111111111tt���� Commissioner Commissioner n70-iC9 ?/�< /L S INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND Rug -25-1998 02:18p■ 98-330917 THE TOWN OF GULF STREAM ORB 1 0600 Pg 792 IIIIIIIIIItlHII1111111NII111If1111111111INifII11fill THIS INTERLOCAL AGREEMENT made and entered into this 15th day of May, 1998, by and between the CITY OF BOYNTON BEACH, a Florida municipal corporation, hereinafter referred to as "BOYNTON BEACH", and the TOWN OF GULF STREAM, a Florida Municipal corporation, hereinafter referred to as "GULF STREAM" WITNESSETH WHEREr4S, BOYI�JON BEACH and GULF 67REAM have a 6 -inch interconnection between each water system located in the A-1 -A Right of Way and Little Club Road; and, WHEREAS, GULF STREAM desires to guard against the potential danger of failure of water service to GULF STREAM customers within the GULF STREAM service area; and, NOW, THEREFORE, in consideration of the mutual promises contained herein, BOYNTON BEACH and GULF STREAM hereby agree as follows: 1. This agreement constitutes an Interlocal agreement authorized by Section 163.01 , F.S., being a joint exercise of power shared in common that any municipality could exercise separately, and shall be filed with the Clerk of Court in and for Palm Beach, County, Florida upon execution. The purpose of this agreement is that in the event of a GULF STREAM system failure or as scheduled maintenance or capital improvement, the pressure valve at the interconnect will be opened to provide potable water to GULF STREAM customers under the terms and condition herein. A. BOYNTON BEACH may limit the amount of water to be supplied. B. BOYNTON BEACH may require GULF STREAM to impose use restrictions on its customers. C. The water used will be measured by a six (6) inch compound turbine meter, with a maximum flow capacity of 1000 - 2500 gallons per minute. Charges for the metered water use through the interconnection shall be at the prevailing lowest "inside -city" rate. No capacity or other fixed charges shall be assessed. The meter shall be read concurrently by BOYNTON BEACH and GULF STREAM approximately the first of each month. GULF STREAM shall make payment to BOYNTON BEACH within thirty (30) days of the invoice date on the monthly bill. D. In the event of the required use of the interconnect, a written or verbal communication from the Town Manger or his authorized representative , setting forth the reason and estimated time of use, shall be provided to BOYNTON BEACH, Director of Utilities' office. E. All notices and payments between the parties hereto shall be mailed by certified mail, and return receipt requested to the following addresses: AS TO CITY OF BOYNTON BEACH: City Manager City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33435 AS TO TOWN OF GULF STREAM Town Manager Town of Gulf Stream 100 Sea Road Gulf Stream, Florida 33483 ORB 101600 pg 793 F. The term of this Agreement shall be for a period of 5 years, unless sooner terminated as provided herein. This agreement shall automatically renew for an additional 5 year period, unless either party provides written notice to the other at least thirty (30) days prior to the expiration of the term. 2. The services and provisions of this AGREEMENT are reciprocal. 3. The price per thousand gallons will be the lowest commercial rate from each party. 4. Any and all disagreements in water previously invoiced and/or used through this interconnection are resolved. 5. Each party to this agreement shall remain liable for its own negligence and any and all negligent actions by its employees, agents or officers in the performance of obligations hereunder. Nothing contained herein shall be construed as a waiver of the applicable sovereign immunity protections or the limitation of liability set forth in section 768.28, F.S. 6. Either party may terminate this agreement for any reason upon a minimum of thirty (30) days notice to the other party, such termination. A. Each person signing this agreement on behalf of either party individually warrants that he or she has the legal power to execute this agreement on behalf of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in the agreement. B. If any terms or provision of this Interlocal Agreement, or the application thereof to any person or circumstance, shall to any extent be held invalid or unenforceable, the remainder of this Interlocal Agreement, or the application of such term or provision, to any person or circumstance other than those as to which it is held invalid or unenforceable, shall not be affected, ORB 106 DOR00 pg 794 and every other term and provision of this Interlocal Agreement sOTHY H. WILKEN, CLERK PB COUNTY. FL hall be deemed valid and enforceable to the extent permitted by law. C. 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 Interlocal agreement shall be held in Palm Beach County, Florida. D. This Interlocal Agreement represents the entire understanding of the Parties, and supersedes all other negotiations, representation or agreements, either written or oral, relating to this Interlocal Agreement. None of the provisions, terms and conditions contained herein may be added to, modified, superseded or otherwise altered, except by written instrument executed by the Parties hereto. 7. This AGREEMENT may be amended only in writing, executed by both parties to the Agreement. 8. This AGREEMENT shall take effect upon its execution by both parties. Dated at Boynton Beach, Florida, this �27 day of , 1998. FOR CITY OF BOYNTON BEACH By: zl��d <� /� ayor lb01 N TpN �71A 0�p* (,1920) tFi�l?� WNZGQR By: Mayor Attest: / Town Clerk App oved as m: Attorney, Cit of Boynton Beach Approv d' F Iii: orney, Town of Gulf Stream TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA COMMISSIONERS WILLIAM F. KOCH. JR.. Mayor JOAN K ORTHW EIN. Vice Mayor FRED B. DEVITT III ROBERT W. HOPKINS 11 WILLIAM A. LYNCH May 1, 1998 Mr. Michael J. Pawelczyk Assistant City Attorney City of Boynton Beach 100 East Boynton Beach Blvd. Boynton Beach, Florida 33435 Re: Interlocal Agreement - Town of Gulf Stream Dear Mr. Pawelczyk: Telephone (561) 276-5116 Fax (561) 737-0188 Town Manager KRISTIN KERN GARRISON Te . Clerk RITA L TAYLOR Please find enclosed a draft copy of the above reference agreement. The changes that you requested have been made and we are prepared to have this approved at our May 15, 1998, Commission Meeting. If there are any necessary changes or corrections to be made, please contact me before our meeting date. We look forward to dealing with the City under this contract and our continued good relationship. Thank you for your assistance with this project. Sincerely, William H. Thrasher Finance Director and Assistant to the Town Manager cc: Kristin Kern Garrison, Town Manager Kerry Willis, City Manager John Guidry, Director of Utilities Bob Kenyan, Deputy Utility Director 100 SEA ROAD, GULF STREAM, FLORIDA 33483 INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE TOWN OF GULF STREAM THIS INTERLOCAL AGREEMENT made and entered into this day of , 1998, by and between the CITY OF BOYNTON BEACH a Florida municipal corporation, hereinafter referred to as 'BOYNTON BEACH", and the TOWN OF GULF STREAM, a Florida Municipal corporation, hereinafter referred to as "GULF STREAM" WITNESSETH WHEREAS, BOYNTON BEACH and GULF STREAM have a 6 -inch interconnection between each water system located in the A-1 -A Right of Way and Little Club Road; and, WHEREAS, GULF STREAM desires to guard against the potential danger of failure of water service to GULF STREAM customers within the GULF STREAM service area; and, NOW, THEREFORE, in consideration of the mutual promises contained herein, BOYNTON BEACH and GULF STREAM hereby agree as follows: 1 A. BOYNTON BEACH may limit the amount of water to be supplied. B. BOYNTON BEACH may require GULF STREAM to impose use restrictions on its customers. C. The water used will be measured by a six (6) inch compound turbine meter, with a maximum flow capacity of 1000 - 2500 gallons per minute. Charges for the metered water use through the interconnection shall be at the prevailing lowest "inside -city" rate. No capacity or other fixed charges shall be assessed. The meter shall be read concurrently by BOYNTON BEACH and GULF STREAM approximately the first of each month. -QULF _:u shall a-.- ._ u -n :0 •N EIEACH withinAbiltY QQ) days of -the inuice date go the rrigothly bill. Payment hy Gulf ©IRA !(— Ir D. In the event of the required use of the interconnect, a written or verbal communication from the Town Manger or his authorized representative , setting forth the reason and estimated time of use, shall be provided to BOYNTON BEACH, Director of Utilities' office. E. All notir.Ps nnA • • 11 :• :• l -■ 1 •1 :• 1 •1 :' 1 1 :• - - •li" F. 2. The services and provisions of this AGREEMENT are reciprocal. 3. The price per thousand gallons will be the lowest commercial rate from each party. 4. Any and all disagreements in water previously invoiced and/or used through this interconnection are resolved. 5. [.1 1 .. 1• - • 1- • 1- •.1 1 DINaF4 N. C. Q 7. This AGREEMENT may be amended only in writing, executed by both parties to the Agreement. 8. This AGREEMENT shall take effect upon its execution by both parties. Dated at Boynton Beach, Florida, this da of Y , 1998. FOR CITY OF BOYNTON BEACH By: Mayor Attest: City Clerk FOR TOWN OF GULF STREAM By: Mayor Attest: Town Clerk DR'Ap? Approved as to Form: Attorney, City of Boynton Beach Approved as to Form: Attorney, Town of Gulf Stream D[RA CF JONES FOSTER JOHNSTON & STUBBS, P.A. Attorneys and Counselors John C. Randolph, Esq. Direct Dial: (561) 650-0458 E-mail: jrandolph@jones-foster.com April 29, 1998 Mr. William H. Thrasher Finance Director Town of Gulf Stream 100 Sea Road Gulf Stream, Florida 33483 RE: Town of Gulf Stream Flagler Center Tower, Suite 1100 505 South Flagler Drive West Palm Beach, Florida 33401 Telephone (561) 659-3000 VIA FAX: 737-0188 Mailing Address Post Office Box 3475 West Palm Beach, Florida 33402-3475 Facsimile (561) 832-1454 Interlocal Cooperation Agreement Between The City of Boynton Beach and The Town of Gulf Stream Our File No. 13147.1 Dear Bill: I have reviewed the above -referenced agreement and hereby approve same as to legal form and sufficiency. Please note the typo on page one, in section one, as I have designated on the attached copy. Sincerely, JONES, FOSTER, JOHNSTON & STUBBS, P.A. Jo C. Randolph JCR/dj Enclosure INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE TOWN OF GULF STREAM THIS INTERLOCAL AGREEMENT made and entered into this day of 1996, by and between the CITY OF BOYNTON BEACH, a Florida municipal corporation, hereinafter referred to as "BOYNTON BEACH", and the TOWN OF GULF STREAM, a Florida Municipal corporation, hereinafter referred to as "GULF STREAM" WITNESSETH WHEREAS, BOYNTON BEACH and GULF STREAM have a 6 -inch interconnection between each water system located in the A -1-A Right of Way and Little Club Road-, and, WHEREAS, GULF STREAM desires to guard against the potential danger of failure of water service to GULF STREAM customers within the GULF STREAM service area; and, NOW, THEREFORE, in consideration of the mutual promises contained herein, BOYNTON BEACH and GULF STREAM hereby agree as follows: 1. This agreement constitutes an Interlo al agreement authorized by Section 163.01 F.S.. being a joint exercise of Power §hared in common that any munigi allty could exercise separately, and shall be filed with the Clerk of Court jo and for Palm Beach ounty Florida upon i5 executjon The purpose of thi�Aagreemennhat in the event of a GULF STREAM system failure or A. BOYNTON BEACH may limit the amount of water to be supplied. B. BOYNTON BEACH may require GULF STREAM to impose use restrictions on its customers. C. The water used will be measured by a six (6) inch compound turbine meter, with a maximum Flow capacity of 1000 - 2500 gallons per minute. Charges for the metered water use through the interconnection shall be at the prevailing lowest "inside -city" rate. No capacity or other fixed charges shall be assessed. The meter shall be read concurrently by BOYNTON BEACH and GULF STREAM approximately the first of each month. GULF STREAM shall make payment to BOYNTON BEACH within thirty (30)days of the invoice date on the monthly bill. Payment -by-GH! f Stpearn shall be withiR thirty (39) days after furnishing of ti;e mgRthly biI. The City of Boynton Beach Utilities Department 5469 W. Boynton Beach Blvd. Boynton Beach, Florida 33437 Phone (561) 375-6452 FAX.. (561731-0065 OFFICE OF THE DIRECTOR OF UTILITIES April 16, 1998 William H. Thrasher, Finance Director, Assistant to the Town Manager Town of Gulfstream 100 Sea Road Gulfstream, FL 33483 Dear Mr. Thrasher, Subject: Interlocal Agreement for Emergency Water Services Please find enclosed a copy of the Memorandum from our Assistant City Attorney, Michael J. Pawelczyk, in reference to our Interlocal Agreement. When the agreement is revised according to the noted recommendations, it will be resubmitted to the attorney's office for review and then to the City Commission for approval. If you have any questions or concerns, please contact Bob Kenyon at 375-6402. Sincerely, Director of Utilities /ktr cc: Bob Kenyon Kerry Willis, City Manager File CITY OF BOYNTON BEACH MEMORANDUM TO: 'Bob Kenyon, Deputy Director of Utilities FROM: Michael J. Pawelczyk, Assistant City Attomey74 RE: Interlocal Agreement — Town of Gulfstream DATE: April 14, 1998 This is in response to Utilities Department Memorandum No. 98-117, dated April 10, 1998. I have reviewed the interlocal agreement and have the following comments: t. Paragraph 1 should be revised to state as follows: (a) This agreement constitutes and interlocal agreement authorized by Section 163.01, F.S., being a joint exercise of power shared in common that any municipality could exercise separately, and shall be filed with the Clerk of Court in and for Palm Beach County, Florida upon execution. 0,O (b) The purpose of this agreement that in the event of a GULF STREAM system failure or as scheduled maintenance or capital improvement, the pressure valve at the }� interconnect will be opened to provide potable water to GULF STREAM customers under the terms and conditions herein. 2. This proposed agreement lacks a term, therefore a provision should be added stating, "The term of this Agreement shall be for a period of _ years, unless sooner terminated` as provided herein. This agreement shall automatically renew for an additional � ' X. year period, unless either party provides written notice to the other at least thirty (30) days prior to the expiration of the term." 3. The last sentence of paragraph 1.0 should be revised to state, "GULF STREAM shall make payment to BOYNTON BEACH within thirty (30) days of the invoice date on the monthly bill." 4. A paragraph must be added setting for Notice requirements. I propose the following language: All notices and payments between the parties hereto shall be mailed by certified mail, return receipt requested to the following addresses: Q AS TO CITY OF BOYNTON BEACH: City Manager City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33435 AS TO TOWN OF GULFSTREAM A paragraph should be added stating, "Each party to this agreement shall remain liable for its own negligence and any and all negligent actions by its employees, agents or officers in the performance of obligations hereunder. Nothing contained herein shall be construed as a waiver of the applicable sovereign immunity protections or the limitations of liability set forth in section 768.28, F.S." A paragraph should be added stating, `Either party may terminate this agreement for any reason upon a minimum of thirty (30) days notice to the other party, such termination. 7. The following paragraphs should be added: a. Each person signing this agreement on behalf of either party individually warrants that he or she has the legal power to execute this agreement on behalf of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in the agreement. b. If any terms or provision of this Interlocal Agreement, or the application thereof to any person or circumstance, shall to any extent be held invalid or unenforceable, the remainder of this Interlocal Agreement, or the application of such term or provision, to any person or circumstance other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Interlocal Agreement shall be deemed valid and enforceable to the extent permitted by law. C. 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 Interlocal agreement shall be held in Palm Beach County, Florida. d. This Interlocal Agreement represents the entire understanding of the Parties, and supersedes all other negotiations, representations or agreements, either written or oral, relating to this Interlocal Agreement. None pf the provisions, terms and conditions contained herein may be added to, modified, superseded or otherwise altered, except by written instrument executed by the Parties hereto. Once these changes have been made, please provide me with a revised agreement for review. Should anyone have any questions, please do not hesitate to contact me. c \dcpts\utilities\gulfst=M interlocal == cc: John Guidry, Director of Utilities INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE TOWN OF GULF STREAM THIS INTERLOCAL AGREEMENT made and entered into this day of , 1998, by and between the CITY OF BOYNTON BEACH, a Florida municipal corporation, hereinafter referred to as "BOYNTON BEACH", and the TOWN OF GULF STREAM, a Florida Municipal corporation, hereinafter referred to as "GULF STREAM" WITNESSETH WHEREAS, BOYNTON BEACH and GULF STREAM have a 6 -inch interconnection between each water system located in the A-1 -A Right of Way and Little Club Road; and, WHEREAS, GULF STREAM desires to guard against the potential danger of failure of water service to GULF STREAM customers within the GULF STREAM service area; and, NOW, THEREFORE, in consideration of the mutual promises contained herein, BOYNTON BEACH and GULF STREAM hereby agree as follows: 1. This agreement constitutes an Interlocal agreement authorized by Section 163.01 F S being a joint exercise of power shared in common that any municipality could exercise separately, and shall be filed with the Clerk of Court in and for Palm Beach County. Florida upon execution The purpose of this agreement that in the event of a GULF STREAM system failure or as scheduled maintenance or capital improvement the pressure valve at the interconnect will be opened to provide potable water to GULF STREAM customers under the terms and condition herein. improvements, the pFessuFa valve at the well Gpen to pFevide petable water to the G.1 -11-F STREAM A. BOYNTON BEACH may limit the amount of water to be supplied. B. BOYNTON BEACH may require GULF STREAM to impose use restrictions on its customers. C. The water used will be measured by a six (6) inch compound turbine meter, with a maximum flow capacity of 1000 - 2500 gallons per minute. Charges for the metered water use through the interconnection shall be at the prevailing lowest "inside -city" rate. No capacity or other fixed charges shall be assessed. The meter shall be read concurrently by BOYNTON BEACH and GULF STREAM approximately the first of each month. GULF STREAM shall make payment to BOYNTON BEACH within thirty (30) days of the invoice date on the monthly bill. Payment by Gul# D. In the event of the required use of the interconnect, a written or verbal communication from the Town Manger or his authorized representative , setting forth the reason and estimated time of use, shall be provided to BOYNTON BEACH, Director of Utilities' office. E. All notices and payments between the parties hereto shall be mailed by certified mail and return receipt requested to the following addresses• AS TO CITY OF BOYNTON BEACH: City Manager Boynton Beach, Florida 33435 AS TO TOWN OF GULF STREAM Town Manager Town of Gulf Stream 100 Sea Road Gulf Stream, Florida 33483 F. The term of this Agreement shall be for a period of 5 years unless sooner terminated as provided herein This agreement shall automatically renew for an additional 5 year period unless either party provides written notice to the other at least thirty (30) days prior to the expiration of the term 2. The services and provisions of this AGREEMENT are reciprocal. 3. The price per thousand gallons will be the lowest commercial rate from each party. 4. Any and all disagreements in water previously invoiced and/or used through this interconnection are resolved. 5. Eachag_rty to this agreement shall remain liable for its own negligence and any and all negligent actions by its employees agents or officers in the performance of obligations hereunder. Nothing contained herein shall be construed as a waiver of the applicable sovereign immunity protections or the limitation of liability set forth in section 768 28 F.S. 6. Either party may terminate this agreement for any reason upon a minimum of third (30) days notice to the other party, such termination A. Each person signing this agreement on behalf of either party individually warrants that he or she has the legal power to execute this agreement on behalf of the party for whom he or she is signing and to bind and obligate such party with respect to all provisions contained in the agreement supersedes all other negotiations representation or agreements either written or oral relating to this Interlocal Agreement None of the provisions terms and conditions contained herein may be added to modified superseded or otherwise altered except by written instrument executed by the Parties hereto. 7. This AGREEMENT may be amended only in writing, executed by both parties to the Agreement. 8. This AGREEMENT shall take effect upon its execution by both parties. Dated at Boynton Beach, Florida, this day of , 1998. FOR CITY OF BOYNTON BEACH By: Mayor Attest: City Clerk FOR TOWN OF GULF STREAM By: Mayor Attest: Town Clerk B. If any terms or provision of this Interlocal Agreement or the application thereof to any person or circumstance shall to any extent be held invalid or unenforceable the remainder of this Interlocal Agreement or the application of such term or provision to any person or circumstance other than those as to which it is held invalid or unenforceable shall not be affected and every other term and provision of this Interlocal Agreement shall be deemed valid and enforceable to the extent permitted by law. C. 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 Interlocal agreement shall be held in Palm Beach County, Florida. D. This Interlocal Agreement represents the entire understanding of the Parties and supersedes all other negotiations representation or agreements either written or oral relating to this Interlocal Agreement None of the provisions terms and conditions contained herein may be added to modified superseded or otherwise altered except by written instrument executed by the Parties hereto. 7. This AGREEMENT may be amended only in writing, executed by both parties to the Agreement. 8. This AGREEMENT shall take effect upon its execution by both parties. Dated at Boynton Beach, Florida, this day of , 1998. FOR CITY OF BOYNTON BEACH By: Mayor Attest: City Clerk FOR TOWN OF GULF STREAM By: Mayor Attest: Town Clerk Approved as to Form: Attorney, City of Boynton Beach Approved as to Form: Attorney, Town of Gulf Stream TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA COMMISSIONERS WILLIAM F. KOCH, JR., Mayor JOAN K ORTHWEIN, Vice Maya FRED B. DEVITT III ROBERT W. HOPKINS II WILLIAM A. LYNCH April 6, 1998 Mr. John A. Guidry, Director of Utilities City of Boynton Beach 5469 W. Boynton Beach Blvd. Boynton Beach, Florida 33437 Re: Emergency Potable Water Dear Mr. Guidry: Telephone (561) 276-5116 I'm (561) 7370188 Town Maneger KRISTIN KERN GARRISON Town Clerk RITA L TAYLOR We have reviewed your letter of March 24, 1998, and agree with all of your suggested changes which have been made to the attached document. Additionally, should either party require the use of this agreement, a price per thousand gallon should be established. This would provide for timely billing and collection. I have therefore added item #3 for your consideration. In the event an agreement is reached in the future for the purchase potable water, this proposed emergency potable water interlocal agreement would need to be changed to reflect the new arrangement . Please call me after reviewing this revised agreement so that both of us can take it to our respective commissions. Thank you for your help with this process. Sincerely, kA -N A�-' William H. Thrasher Finance Director and Assistant to the Town Manager Attachment cc: Kristin K. Garrison, Town Manager Kerris Willis, City Manager 100 SEA ROAD, GULF STREAM, FLORIDA 33483 INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE TOWN OF GULF STREAM THIS INTERLOCAL AGREEMENT made and entered into this day of 1998, by and between the CITY OF BOYNTON BEACH, a Florida municipal corporation, hereinafter referred to as "BOYNTON BEACH", and the TOWN OF GULF STREAM, a Florida Municipal corporation, hereinafter referred to as "GULF STREAM" WITNESSETH WHEREAS, BOYNTON BEACH and GULF STREAM have a 6 -inch interconnection between each water system located in the A-1 -A Right of Way and Little Club Road; and, WHEREAS, GULF STREAM desires to guard against the potential danger of failure of water service to GULF STREAM customers within the GULF STREAM service area; and, NOW, THEREFORE, in consideration of the mutual promises contained herein, BOYNTON BEACH and GULF STREAM hereby agree as follows: 1. In the event of a GULF STREAM system failure, or as part of a planned purpose, the pressure valve at the interconnect will open to provide potable water to the GULF STREAM customers upon the following terms and conditions of BOYNTON BEACH. A. BOYNTON BEACH may limit the amount of water to be supplied. B. BOYNTON BEACH may require GULF STREAM to impose use restrictions on its customers. C. The water used will be measured by a six (6) inch compound turbine meter, with a maximum flow capacity of 1000 - 4889 2500 gallons per minute. Charges for the metered water use through the interconnection shall be at the prevailing lowest "inside -city" rate. No capacity or other fixed charges shall be assessed. The meter shall be read concurrently by BOYNTON BEACH and GULF STREAM approximately the first of each month. Payment by GULF STREAM shall be within thirty (30) days after furnishing of the monthly bill. D. In the event of the required use of the interconnect, a written or verbal communication from the Town Manger or his authorized representative , setting forth the reason and estimated time of use, shall be provided to BOYNTON BEACH, Director of Utilities' office. 2. The services and Provisions of this A R EMENT are r ci rocal. 3. The price per thousand gallons will be the lowest commQdral rate from ga-Qh partX 4. This AGREEMENT may be amended only in writing, executed by both parties to the Agreement. 5. This AGREEMENT shall take effect upon its execution by both parties. Dated at Boynton Beach, Florida, this day of 1998. FOR CITY OF BOYNTON BEACH By: Mayor Attest: City Clerk FOR TOWN OF GULF STREAM By: Mayor Attest: Town Clerk Approved as to Form: Attorney, City of Boynton Beach Approved as to Form: Attorney, Town of Gulf Stream TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA COMMISSIONERS WILLIAM F. KOCH, JR., Mayor JOAN K. ORTHW EIN. Vice Mayor FRED B. DEVITT III ROBERT W. HOPKINS II WILLIAM A. LYNCH March 5, 1998 Mr. John Guidry, Director of Utilities City of Boynton Beach PO Box 310 Boynton Beach, Florida 33425-0310 Re: Possibility of Purchasing Potable Water Dear Mr. Guidry: Telephone (561) 278-5116 Fax (561) 797-8188 Town Manager KRISTIN KERN GARRISON Town Clark RITA L TAYLOR Thank you for the time you shared with me today on the telephone. As I explained to you, the potable water contract with the City of Delray will expire in a few years. The Town is exploring other possible options in the event that a satisfactory agreement is not arranged. With this in mind, is it possible for the Town of Gulf Stream to purchase and receive up to 800k gallons, per day, of potable water from the City of Boynton Beach? Our average actual usage has been more like 500k gallons per day. Please let us know if you have any available capacity that could be purchased by the Town of Gulf Stream? Also, as I mentioned, the Town does not provide sewer service to its residents at this time. Sincerely, William H. Thrasher Finance Director and Assistant to the Town Manager Post -it' Fax Note 7671 Dale, I� I 5 a pages ( To 7nlky, u� ,� From 10 CoJDept. Co. Phone Phone# b Fax# -III _ �(� Fax# 100 SEA ROAD, GULF STREAM, FLORIDA 33483 TV 100 NW Ist AVEN"OARLRABE BEACH BE FAX NUMBER (407) Z43-7714 FAX j43-7000 FAX TRANSMITTAL GATE: a T$ NAME: Gsc s�cJ COMPANY: —-----._� CITY: TOTAL PAGES OF THIS FAX (enc ludl ng transntltt4l sheet): COMMENTS: �t�c-a-�s.u{ oQcl COPIES TO: �( FROM' SENDER: • TEL. NUMBER: - n 5` " fl IOU DO NW "Wily, L A EEEEXEIMED PAOEs, ELEASI CONTACT Tu SWU MOTlp AbTI ASAE •• t70255`F1F. $arc bM-o, - UT(S flltrnwHNVK WATER AGRY•h MT ORF. 613 LEINEEM CITY Of BOCA RATON AMU p n rTTy OV DELRAY DkLAQI TN"' Ayw E1.MEN'r by 01,11 bgtveen d,C CITY Of BOCA BATCH, a h'lm nln mnnlClpal Cva Wrncim,, helelnnftcr referred to 00 "MM -h RA7CN", and Lite CITY Or nfLRAY REACH, a flu, ida Munlcrpal rurporarinh, herelnartea rerurred to as "DELRAY REACH". H I T N E S S E T 11 D►LHAY BEACH and LOCA BATCH I,avo water llnea in clove proAlmlty to rnch Other west of Intracoan Lel waterwIt ay 1 and the C-15 Canal, and, h •7 WHEREAS, nrLRAY LGCN and ROCA RATON dMSIre to J quatd 1( ayuin:.t Thu pntantial danger of failure or vArer 9ea'Viw to 3 cudlouwrn wirhln their SerV1Ce Altai and, A WHEREAS. DCLHAY PEACH and Be,:A RATON desire to IV add- rsa thoif muton) concern by enteainy Into lhit interlocal 1` It IV ACHEr".MT, pursuanr to SeCtivn 161.01, Florida Statutes; w V HOW, '1119REFURI!, Ln nonnidrraclon of the mutual A pramiene Contained herel:t. DELRAY REACH and OVCA MATO *Urea In Y' fol Uews: 1. DELRAY BEACH will Connect their water syBtam to ithe watav tystem of DOCA RATO11 In accoNwme With mutually ]7 Agr... Me npeeltleAtlone and in accoadenm with contract ♦t domenent5 prepared by O1sBA and Anaociates, Tlllyd, "City of Delrey Beach, water Main Interconnection-' dated Septcmbar 1989. 1. LELNAY BEACH and BOLA RATON will equally share v the coot of Tach cudurctivn. Bayn,auLe shell be coordln V afed Athrough the reap0alve Phan•:a DOpartmOnts of DELRAY BEACH and V LOCA RATON. LS"Mated pro7eCt Coat of $70,000 $hall be equally dlvlded between bEUTAt ULACH and HOCA Mium. 7- The cunnettlnn will be controlled by two valves, one of wh,ch will VC opurable by DELRAY BEACH mud one or whlcb fns owariblc by BOCA RAYON. VJ 11 VI 16L li :l !a, -.n 11.10 1nL 111.11 •.aa A..• .... .. .... . v'hi' L373 �r 61s'+ i. in the bvent oL a water Cymtem failure, causing an emcrymtcy in either MRAY REACH or LOCA HRi UN, Lha valve at Clio maty nd% expcli+nming-the mncrgancy will he opened so a[ to pe n•uc th. Cl,,. at w.itcr LW the pa,ry capevie using the e+eerVency. No supply OL WeLet 011611 be pruvlded eNCapt in Cate 'It an cmergeu+-y mod upon Liu: follx.wing Lnnnc and eonditionu to his gtCrrmined by tl+r cupl`ly Lig party, A. 'Ihm a mutt be a eutflclent surplus of pvLable Wutas' ssvallablc +u meet all the anticipated needs of the supplying party. D. The xbpPlying patty MAY limit the amount of Water Lp W: suppli-d. +.. The supplyil+g party may limit the hours or dayx at supply. a. This mlpplyauy Party may roguire the rCcciviug party to imposts use reatrlctlm16 nn its custoniorn as proscribed by the iupplyiml party. C. The aupplyil+g party may place an automatic Cxplra Llon date upon the emcigency aupply paliud which may be eAlcu•lxd Wuly by row city mandycr fur the clilca. ,. The water abed will be meabuied by an Bight inch tul'bilta nater with It CApaoLty ue 3,5110 gallons per minute. Chargoa for +m+tet Bd Water ass LhruuOh this lntercdnneeLlun shall be at is uuyut.sated, commodity rate of .51 par ono tbouxaud gallons in effect tar residential ;uxtoiffera. No capacity us' othol fixed rlurata shall be as+owed. Adluausanto to .aid Chalgue may ba made by wt Ltton ng.Wame Rt. when water La utillted, the meter or ive Leta shall Ism read concurrently by "sou RATON" and "DGLAAy LL'ACR" approximately the first of each murlt.h. Payment by the lager is the Supplier for water convulsed shall be wi Lluh thirry 11111 days after furnishing of monthly hllls. 6. In cissa of do emarganey, a writtan or vetbdl eommunrcacion lrom the City Menayet ns' hie nu Hntrl:cd reprecen- rattve, xerring forth the emergency and em LlAwtud tLue of use, shall be made and .hall be +.he only rry++net nedecenry to open 2 na: lar va IL -L 15:.3 Pd.l 11J7 :715 .1755 VLL 13111 I.-1'1 d'11'l ++� 1'I IPa,151Nb LVV'A•111 YJ 111 GIT 6575 .a 61 a the valve. Turning nff the valve shall be handled by the same ya. ocedure. 7. Lach party to t1'ls ACRF.EMENT exptesvly echnowlCdaes the right r,t either party Lu refuse to provide the emergaucy watex service, "" tier forth in this AGREEMENT, if the party rufusinp determine.: that the proviniun of such strvlCe would not be in ire best interest Or wyUld constitute a dAMager t the health, safety and welfare of Its Citizens. In the event of such refuyAl, the requesting party agrees to waive any claim of losr. or damage againut the refusing party, 8. This AGREEMENT may be amended only In writing, executt.a 13Y LuLh parri"v to thin Agreement. 9. This AtiRttMt47• may be terminated by either party upon thirty {301 days wiittcn notice reporting the results of a motion adoptee by the City COmminsion seeking termihatlon of the agiccment. 10. This AGREEMENT shall take efrcct upon its Or."°°t'nn by both patties, and its filing with the Clerks of the C1rCUit Counts in and foL vaLK Beau,, County, r-lortda. Dated at Boca Ratuu, Floride, this Zr day of / L I.' ------ - -- ---, 1990. FOR CITY OrOCA RATON q,. FVN Cl'17 9F DELRAY HTACN By: BY: Mayor A. � . tY C ur •` '.eta`%[dictesr: City-Clerk"J - Ayr.rovcd as tO BUr'IM: A14JCO31ad ua to Farm; F _ City Attorney OZrflOy (tfAICL%y Attorney ' V 3 hECORD VkniFIEO PALM eEACN COUNTY FLA J0144 e. OUNKLE CLERK CIRCUIT COURT INTER -OFFICE MEMORANDUM TOWN OF GULF STREAM, FLORIDA OFFICE OF THE FINANCE DIRECTOR WILLIAM H. THRASHER DATE: 2/24/98 TO: John Randolph, Esq. RE: Interconnect agreement John, Would review this proposed agreement between the Town and the City of Boynton Beach? Scott had requested this from Boynton Beach a couple years ago. They didn't follow throught with it so I put something together in hopes of getting the ball rolling. Their attorney will certainly make some changes. Thank you, Bill Thrasher February 24, 1998 Mr. John A. Guidry, Director of Utilities City of Boynton Beach PO Box 310 Boynton Beach, Florida 33425-0310 Dr. Mr. Guidry: As I mentioned yesterday, the Town of Gulf Stream would like to establish a written agreement with the City of Boynton Beach to provide emergency potable water. I have prepared a draft copy of an interlocal agreement for consideration. Our attorney is reviewing this document for his opinion. Thank you for your assistance in this matter. Sincerely, William H. Thrasher Finance Director and Assistant to the Town Manager Enclosure INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE TOWN OF GULF STREAM THIS INTERLOCAL AGREEMENT made and entered into this day of 1998, by and between the CITY OF BOYNTON BEACH, a Florida municipal corporation, hereinafter referred to as 'BOYNTON BEACH", and the TOWN OF GULF STREAM, a Florida Municipal corporation, hereinafter referred to as "GULF STREAM" WITNESSETH WHEREAS, BOYNTON BEACH and GULF STREAM have a 6 -inch interconnection between each water system located in the A -1-A Right of Way and Little Club Road; and, WHEREAS, GULF STREAM desires to guard against the potential danger of failure of water service to GULF STREAM customers within the GULF STREAM service area; and, NOW, THEREFORE, in consideration of the mutual promises contained herein, BOYNTON BEACH and GULF STREAM hereby agree as follows: 1. In the event of a GULF STREAM system failure, or as part of a planned purpose, the pressure valve at the interconnect will open to provide potable water to the GULF STREAM customers upon the following terms and conditions of BOYNTON BEACH. A. BOYNTON BEACH may limit the amount of water to be supplied. B. BOYNTON BEACH may require GULF STREAM to impose use restrictions on its customers. C. The water used will be measured by a six (6) inch compound turbine meter, with a maximum flow capacity of 1000 - 4000 gallons per minute. Charges for the metered water use through the interconnection shall be at the prevailing lowest "inside -city" rate. No capacity or other fixed charges shall be assessed. The meter shall be read concurrently by BOYNTON BEACH and GULF STREAM approximately the first of each month. Payment by GULF STREAM shall be within thirty (30) days after furnishing of the monthly bill. D. In the event of the required use of the interconnect, a written or verbal communication from the Town Manger or his authorized representative, setting forth the reason and estimated time of use, shall be provided to BOYNTON BEACH. 2. This AGREEMENT may be amended only in writing, executed by both parties to the Agreement. 3. This AGREEMENT shall take effect upon its execution by both parties. Dated at Boynton Beach, Florida, this day of 1998. FOR CITY OF BOYNTON BEACH By: Mayor Attest: City Clerk FOR TOWN OF GULF STREAM By: Mayor Attest: Town Clerk Approved as to Form: Attorney, City of Boynton Beach Approved as to Form: Attorney, Town of Gulf Stream DRAFT J he �CEy of Boynton BEacfi -�� �££tiriiiea J7e(inxtmcnt • - /24 Er t W.Xtiq& �Road _ ayntan Bcac4, 9%xidn 33435 i`-. •. _ J�-f�o�.e: 14071 375-6400 14071375-6298 OFFICE OF THE DIRECTOR OF UTILITIES March 3, 1995 Mr. E. Scott Harrington, Town Manager Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 RE: Use of Emergency Interconnect for Potable Water Dear Mr. Harrington: Thank you for your recent inquiry regarding the use of the interconnections between our water system and yours. The questions raised in your February 3, 1995 letter were most appropriate, for the policies regarding the use of the interconnects have never been formalized. In fact, there is so little documentation regarding the use of the interconnects that it delayed our response to you, for we had to conduct a thorough search of our records to see what rates have been used in the past for water passing through the meter at that location. Please excuse our delay in responding for that reason. We basically have no objection to the opening of the interconnect for approximately 3-4 days during your upcoming construction, in order to maintain adequate pressure to your system. To the best of our knowledge, the meter is a 6 -inch compound turbine, with a maximum flow capacity of 1000-1400 gallons per minute. However, the actual flow through the meter will be determined by the pressure differential between the two water systems, and will probably not approach the meter's capacity. The best way to determine adequacy of flow and pressure may be to open the connection during a controlled, planned shutdown of your subaqueous crossing. This shutdown will also provide some indication that both systems are valved open, functioning properly, and that the pressure -activated valve opens as it should. A review of the last billing we sent to the Town indicates that you were charged at the lowest "inside -city" rate available at the time. Our current, lowest "inside -city" rate is $1.58 per 1000 gallons, and this is the rate we will extend to the Town for use of water during this upcoming planned outage. Note that this rate will only apply to emergencies, or extraordinary conditions such as your planned construction -related outage. oqmexica i Gateway to £L louffs£xeam E. Scott Harrington March 3, 1995 Page 2 If not, please direct any further questions to Peter Mazzella or Mark Law of this office, who will also be your contact persons for coordinating the opening of the interconnect. Sincerely yours, i Jo A.ui Director of Utilities JAG/PVM bc: Peter Mazzella xc: Mark Law File The City of Boynton Beach —� 100 E. Boynton Beach Boufevard .I/'`}, "I P.O. Floa Boynton Beach, Florridda 33425-0310 1996 City Haff- (40 7) 375-6000 FAX. (407) 375-6090 Town of Gulfstream 100 Sea Road Gulfstream, FL 33483 Attn Accounts Payable To whom it may concern, Attached is a copy of a past due invoice for water used in April 1995 - May 1995. According to our records, this invoice has never been paid. Please call me at 375-6318 if there is a problem. Thank you for checking into this matter. Sincerely, CITY OF BOYTNON BEACH FINANCE DEPARTMENT 10 01&60 -vel �Sue "-Moroney Accountant I sm Enclosure America's Gateway to the Gulfstream IN ACCOUNT WITH CITY OF BOYNTON BYACH 100 E. BOYNTON BEACH BLVD. P.O. BOX 310 BOYNTON BEACH, FLORIDA 334254310 (305)734.8111 INVOICE NO. 17168 F Gulfstream 100 Sea Road ! Gulfstream, PL 33483 DataBllled 5/25/95 1 - $1,956.04 ------------------------------------------ Amount Due Return top portion with Davmant "—" Charge for Water Used at Interconnect from $1,95 04 April 1995 — May 1995. 1,238,000 gal @ $1.58 per Thous. - $1,956.04 Lml® 'Terms Net/30 Days INVOICE NO. 1716 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA COMMISSIONERS WILLIAM F KOCH. JR.. Mayor ALAN I. ARMOUR. Vice Mayor JAMES E CROSS KATHLEEN S. WALLACE A. CURTIS TRUE, M.O. February 3, 1995 Peter Mazzella Utilities Department City of Boynton Beach 124 East Woolbright Road Boynton Beach, Florida 33425 Dear Pete: Telephone (407) 2763116 Fax (407)737-0166 Town Manager E SCOTT HARRINGTON Town Clerk RITA L TAYLOR I am writing to follow-up on our phone conversation from yesterday concerning the 4 -inch interconnection between our water systems. As we discussed, the Town will need to make use of this connection in the next few months to temporarily maintain pressure in our system while we install a new Intracoastal line crossing. Accordingly, I would like to come to an agreement with you on three issues: use of the interconnect to temporarily boost our system when we take our existing Intracoastal line crossing out of service; use of the interconnect as a permanent emergency backup to our system; and, the rates to be charged for use of the interconnect. Regarding our temporary need to use the interconnect, the Town expects to begin work on the new Intracoastal line crossing by the end of next month. At some point during the work, the existing crossing will be taken out of service temporarily to install new valves. During this time, and the required testing time immediately thereafter, we would like to open the interconnect to maintain adequate pressure in our system. As you are aware, our primary connection to the Delray Beach water system is through the line crossing to an 8 -inch meter on U.S. 1. Our other connection to Delray Beach is a 4 -inch meter located on S.R. At at the south end of Town, which by itself, is not adequate to service our customers east of the Intracoastal. As our time frame for needing the interconnect becomes more certain, we will let you know. In the interim, we would like to find out what sort of pressure the interconnect can provide. In addition to having a temporary need for the interconnect, we also count on the interconnect as an emergency backup to our system should we ever experience a great drop in pressure. As you are aware, the interconnect has a pressure -activated valve for 100 SEA ROAD, GULF STREAM, FLORIDA 33483 Peter Mazzella February 2, 1995 Page 2 this very reason. Because we have not had a need for this backup in quite some time, we are concerned the valve may need adjusting and would like to discuss the ultimate setting with you. Lastly, we would like to reach agreement on rates for use of the interconnect. To my knowledge, our communities have never made a formal arrangement on this issue. Thank you for your interest and consideration of these matters. I look forward to hearing from you soon. Sincerely, Scott rrington� Town Manager cc: Earl Harvel, Harvel Utility Contractors �� - Y 9 4 E 6 1 l t y o f B o y n t o n D E a a f i r u t d i t i r s ! b r l m t f e n t " _ / 2 4 E a s t f t o o f f n i g & c R o a d B o y n t o n B A , 9 t " o u L 3 3 4 3 5 " , x ' 9 Y . 4 0 7 % 3 7 5 - 6 4 0 0 t 4 0 7 1 3 7 5 - 6 2 9 8 O F F I C E O F T H E D I R E C T O R O F U T I L I T I E S M a r c h 3 , 1 9 9 5 M r . E . S c o t t H a r r i n g t o n , T o w n M a n a g e r T o w n o f G u l f S t r e a m 1 0 0 S e a R o a d G u l f S t r e a m , F L 3 3 4 8 3 R E : U s e o f E m e r g e n c y I n t e r c o n n e c t f o r P o t a b l e W a t e r D e a r M r . H a r r i n g t o n : T h a n k y o u f o r y o u r r e c e n t i n q u i r y r e g a r d i n g t h e u s e o f t h e i n t e r c o n n e c t i o n s b e t w e e n o u r w a t e r s y s t e m a n d y o u r s . T h e q u e s t i o n s r a i s e d i n y o u r F e b r u a r y 3 , 1 9 9 5 l e t t e r w e r e m o s t a p p r o p r i a t e , f o r t h e p o l i c i e s r e g a r d i n g t h e u s e o f t h e i n t e r c o n n e c t s h a v e n e v e r b e e n f o r m a l i z e d . I n f a c t , t h e r e i s s o l i t t l e d o c u m e n t a t i o n r e g a r d i n g t h e u s e o f t h e i n t e r c o n n e c t s t h a t i t d e l a y e d o u r r e s p o n s e t o y o u , f o r w e h a d t o c o n d u c t a t h o r o u g h s e a r c h o f o u r r e c o r d s t o s e e w h a t r a t e s h a v e b e e n u s e d i n t h e p a s t f o r w a t e r p a s s i n g t h r o u g h t h e m e t e r a t t h a t l o c a t i o n . P l e a s e e x c u s e o u r d e l a y i n r e s p o n d i n g f o r t h a t r e a s o n . W e b a s i c a l l y h a v e n o o b j e c t i o n t o t h e o p e n i n g o f t h e i n t e r c o n n e c t f o r a p p r o x i m a t e l y 3 - 4 d a y s d u r i n g y o u r u p c o m i n g c o n s t r u c t i o n , i n o r d e r t o m a i n t a i n a d e q u a t e p r e s s u r e t o y o u r s y s t e m . T o t h e b e s t o f o u r k n o w l e d g e , t h e m e t e r i s a 6 - i n c h c o m p o u n d t u r b i n e , w i t h a m a x i m u m f l o w c a p a c i t y o f 1 0 0 0 - 1 4 0 0 g a l l o n s p e r m i n u t e . H o w e v e r , t h e a c t u a l f l o w t h r o u g h t h e m e t e r w i l l b e d e t e r m i n e d b y t h e p r e s s u r e d i f f e r e n t i a l b e t w e e n t h e t w o w a t e r s y s t e m s , a n d w i l l p r o b a b l y n o t a p p r o a c h t h e m e t e r ' s c a p a c i t y . T h e b e s t w a y t o d e t e r m i n e a d e q u a c y o f f l o w a n d p r e s s u r e m a y b e t o o p e n t h e c o n n e c t i o n d u r i n g a c o n t r o l l e d , p l a n n e d s h u t d o w n o f y o u r s u b a q u e o u s c r o s s i n g . T h i s s h u t d o w n w i l l a l s o p r o v i d e s o m e i n d i c a t i o n t h a t b o t h s y s t e m s a r e v a l v e d o p e n , f u n c t i o n i n g p r o p e r l y , a n d t h a t t h e p r e s s u r e - a c t i v a t e d v a l v e o p e n s a s i t s h o u l d . A r e v i e w o f t h e l a s t b i l l i n g w e s e n t t o t h e T o w n i n d i c a t e s t h a t y o u w e r e c h a r g e d a t t h e l o w e s t " i n s i d e - c i t y " r a t e a v a i l a b l e a t t h e t i m e . O u r c u r r e n t , l o w e s t " i n s i d e - c i t y " r a t e i s $ 1 . 5 8 p e r 1 0 0 0 g a l l o n s , a n d t h i s i s t h e r a t e w e w i l l e x t e n d t o t h e T o w n f o r u s e o f w a t e r d u r i n g t h i s u p c o m i n g p l a n n e d o u t a g e . N o t e t h a t t h i s r a t e w i l l o n l y a p p l y t o e m e r g e n c i e s , o r e x t r a o r d i n a r y c o n d i t i o n s s u c h a s y o u r p l a n n e d c o n s t r u c t i o n - r e l a t e d o u t a g e . l v g m L i c a i 0 a t e w a t y t o t f . 0 1 1 f i t z f a m E. Scott Harrington March 3, 1995 Page 2 If not, please direct any further questions to Peter Mazzella or Mark Law of this office, who will also be your contact persons for coordinating the opening of the interconnect. A. yours, of Utilities JAG/PVM bc: Peter Mazzella xc: Mark Law File IN ACCOUNT WITH CITY OF BOYNTON BEACH r - Gulfstream 100 Sea Road Gulfstream, Fl, L Date Billed 5/25/95 100 E. BOYNTON BEACH BLVD. P.O. BOX 310 BOYNTON BEACH, FLORIDA 33425-031( (305)734-8111 �*'I Ao� 33483 J Return top portion with payment INVOICE NO. i % 1 68, Amount Due $1,956.04 Charge for Water Used at Interconnect from $1,95f 04 April 1995 — May 1995. 1,238,000 gal @ $1.58 per Thous. = $1,956.04 Terms Net/30 Days INVOICE NO. 1 ] 1 ( 8