RECLAIMED WATER SUPPLY AGREEMENT WITH THE CITY OF CLEARWATER
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RECLAIMED WATER SUPPLY AGREEMENT
WITH THE CITY OF CLEARWATER
THIS AGREEMENT, made and entered into this /7 day of
,2000,
by and between PINELLAS COUNTY, a political subdivision ofthe State of Florida, actl g by and
through its Board of County Commissioners, hereinafter referred to as "COUNTY," and the CITY
OF CLEARWATER, FLORIDA, a municipal corporation within saidPinellas County, acting by and
through its City Commission, hereinafter referred to as "CITY"
WITNESSETH
WHEREAS, the CITY currently operates the Northeast Advanced Pollution Control Facility
(NEAPCF) which produces reclaimed water suitable for reuse; and
WHEREAS, the CITY's reclaimed water system does not use the entire volume of reclaimed
water it produces; and
WHEREAS, the CITY currently discharges reclaimed water to Tampa Bay in excess of the
amount required for service in its distribution system; and
WHEREAS, the COUNTY is unable to fully meet its commitments for delivery of reclaimed
water in its North Pinellas County Reclaimed Water Service Area distribution system during
seasonal peak demand periods; and
WHEREAS, the COUNTY desires an additional source of reclaimed water to augment its
North Pinellas County Reclaimed Water System to meet its commitments for delivery during
seasonal peak demand periods and to expand its distribution system; and
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WHEREAS, the CITYand the COUNTY recognize the mutual benefits of a cooperative
effort to beneficially reuse excess reclaimed water produced by the CITY at its NEAPCF through
the COUNTY'S North Pinellas County Reclaimed Water System and desire to enter into this
Agreement to accomplish that objective,
NOW, THEREFORE, in consideration of the monies hereinafter agreed to be paid and the
mutual covenants contained herein, the parties hereby mutually agree as follows:
Duties and Responsibilities of the COUNTY:
I, The COUNTY agrees to be responsible for all costs associated with designing, constructing,
operating and maintaining pipelines and appurtenances for the interconnection of the CITY and
COUNTY reclaimed water systems.
2, COUNTY will construct, operate and maintain a reclaimed water pumping facility at a mutually
agreed upon location adjacent to or on the NEAPCF site, within an easement granted to
COUNTY by the CITY.
3. COUNTY will construct operate and maintain a reclaimed water transmission main from the
pumping facility described in paragraph 2 above to the COUNTY's North Pinellas County
Reclaimed Water System. CITY will grant an easement to COUNTY for any portion of the
transmission main which by mutual agreement is constructed on CITY owned property.
4. The COUNTY will purchase reclaimed water from the CITY at a rate of $0, I 0 per thousand
gallons delivered to the COUNTY or as amended by mutual consent In the event the
COUNTY purchases reclaimed water on a wholesale basis from another seller of reclaimed
water at a rate greater than $0, I 0 per thousand gallons and the rate paid to the seller does not
include funds to recover development of infrastructure for conveying the reclaimed water to the
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COUNTY or costs for any goods and services not provided by the CITY, the COUNTY agrees
to increase the rate at which it purchases reclaimed water from the CITY up to the rate paid to
other seller.
5_ The COUNTY will remit payment to the CITY within 30 days after receipt of invoice_
Duties and Responsibilities of the CITY:
1, The CITY agrees to deliver to the COUNTY reclaimed water which has received advanced
wastewater treatment (A WT) at the CITY's NEAPCF and meets the requirements of the
Florida Department of Environmental Protection for reuse on public access areas_ In the event
that the CITY's reclaimed water does not meet the requirements of the Florida Department of
Environmental Protection for reuse on public access areas, the COUNTY may provide the
additional treatment necessary to bring the reclaimed water up to the state standard for such
reuse and assume all costs for such additional treatment.
2. The CITY shall offer for sale a minimum of3,O million gallons per day of reclaimed water to
the COUNTY for the term of this Agreement. However, nothing contained herein shall
constitute a requirement on the part of the COUNTY to purchase or receive any amount of
reclaimed water. When the COUNTY does not require delivery of reclaimed water, 72 hours
notice shall be provided to the CITY to make the necessary operational changes, except in cases
of emergencies when notice shall be provided as soon as possible, In the event the CITY cannot
supply all or part of the 3,0 million gallons per day to the COUNTY, the CITY shall notifY the
COUNTY a minimum of 48 hours in advance, except in cases of emergency when notice shall
be provided as soon as possible,
3, In the event the CITY experiences operational problems which reduce the volume of reclaimed
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water available to meet the CITY's reclaimed water commitments, including delivery of
reclaimed water to the COUNTY in the amount provided for in this agreement, the volume of
reclaimed water delivered to the COUNTY will be reduced in an equal proportion to the
reduction in volume of reclaimed water delivered to the CITY's retail and other wholesale
reclaimed water customers_
4. CITY will deliver reclaimed water to COUNTY at times of the day mutually agreed upon,
5. The CITY agrees to deliver reclaimed water to the COUNTY at the point of connection at
atmospheric pressure or such other pressure as is defined during the engineering design phase
of the interconnection project and mutually agreed upon by the parties,
6, CITY will install a flow meter at its NEAPCF for the purpose of determining the volume of
flow delivered to the COUNTY
7, The CITY agrees to submit invoices for reclaimed water delivery to the COUNTY on a monthly
basis, The monthly charge shall be based on the amount measured by the meter, throughout the
term of the Agreement.
8, CITY agrees to maintain its meter in proper operating condition and calibrate it annually,
Should any question arise as to the accuracy of the meter, the COUNTY may require the meter
to be tested, Should the meter prove to be registering accurately within A WWS Standards, the
COUNTY shall pay all costs of testing_ Should the meter not be registering within A WW A
Standards of accuracy, the CITY shall pay for all costs of testing and repairing the meter.
9 _ In the event that the meter becomes inoperative or inaccurate, the invoice for that period shall
be calculated on the basis of the monthly flows for the preceding 12 month period unless the
parties mutually agree on an estimate of flow that more accurately reflects usage during the
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period the meter was inoperative,
General:
I, The parties mutually agree that each may use the other's easements and rights-of-way for the
construction of reclaimed water facilities at mutually acceptable locations and each shall assist
the other to insure the efficient and economical operation of the system_
2, CITY and COUNTY will each acquire easement(s) necessary for their respective needs unless
joint easement( s) are required, in which case, the CITY and COUNTY will cooperate to jointly
acquire the necessary easement(s)_
3_ The delivery of reclaimed water from the CITY's NEAPCF to the COUNTY will begin upon
completion of construction of the CITY's NEAPCF improvements and completion of the
pumping facility, pipelines and other structures to be constructed by the COUNTY for delivery
of reclaimed water to the COUNTY's North Pinellas County Reclaimed Water System.
Construction for both CITY and COUNTY facilities to enable delivery of reclaimed water to
COUNTY is expected to be completed on or before July 1, 200 I,
4. At such time as the term of the Agreement expires, unless extended by the parties, the
COUNTY will convey to the CITY at no cost those portions of the pipelines and appurtenances
constructed by the COUNTY which will be of benefit to the CITY in developing its reclaimed
water system_
5, If, during design of the facilities to convey reclaimed water from the CITY's NEAPCF to the
COUNTY's North Pinellas County Reclaimed Water System, it is found that facilities and
appurtenances are required which were not initially anticipated by this Agreement, the
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COUNTY will pay its proportionate share of costs for all such facilities the CITY is required
to build or install.
6. The term of this Agreement shall be twelve (12) years and may, by mutual consent, be extended_
7 _ This Agreement shall be binding on all successors in interest of each of the parties hereto and
it is agreed that this Agreement contains the full understanding of the parties and no
modifications may be made hereto except in writing and signed by all parties,
8, The parties represent that the execution of this Agreement has been approved by the governing
bodies of the respective party in accordance with law and that the parties have the legal
authority to execute the Agreement.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the
day and year first above written.
ATTEST:
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..., C~~ Qfic~~tnT COURT
.KA.R:LEENF _ DeBLAKER
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PINELLAS COUNTY, FLORIDA
Acting by and through its Board
of County Commissioners
C:\\~~
'- Chairman
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Approved as to Form
Office of the County Attorney
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By: 't'yh iflhurYlMl"_J
ATTEST:
CITY OF CLEARWATER
PINELLAS COUNTY, FLORIDA
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By. - ,~A.:i,,- '_ . .410 o.
(".CityClel'k/ -'..'.
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By:
By:
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City Manager
Approved as to Form
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H:\USERS\WPDOCS\A WS\AD.MIN\RECLAIME\AGRCL W.WPD
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