RECLAIMED WATER SUPPLY AGREEMENTRECLAIMED WATER SUPPLY AGREEMENT
BETWEEN THE CITY OF CLEARWATER AND PINELLAS COUNTY
THIS AGREEMENT, made and entered into as of the � day of June, 2012, by
and befinreen PINELLAS COUNTY, a political subdivision of the State of Florida, acting
by and through its Board of County Commissioners, hereinafter referred to as
"COUNTY," and the CITY OF CLEARWATER, FLORIDA, a municipal corporation within
said Pinellas County, acting by and through its City Commission, hereinafter referred to
as "CITY",
WITNESSETH:
WHEREAS, the CITY currently operates the Northeast Water Reclamation
Facility (NEWRF) which produces reclaimed water suitable for reuse; and
WHEREAS, the CITY'S reclaimed water system does not continuously use the
entire volume of reclaimed water it produces; and
WHEREAS, the CITY discharges reclaimed water to Tampa Bay in excess of the
amount required for services 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
WHEREAS, the CITY and the COUNTY recognize the mutual benefits of a
cooperative effort to beneficially reuse excess reclaimed water produced by the CITY at
its NEWRF through the COUNTY'S North Pinellas County Reclaimed Water System
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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:
A: Duties and Responsibilities of the COUNTY:
1. The COUNTY agrees to be responsible for all costs associated with operating
and maintaining pipelines and appurtenances for the interconnection of the CITY
and COUNTY reclaimed water systems.
2. The COUNTY operates and maintains a reclaimed water pumping facility.
3. The COUNTY will purchase reclaimed water from the CITY at a rate of $0.15 per
thousand gallons delivered to the COUNTY.
4. The COUNTY agrees to purchase the amount of reclaimed water offered by the
CITY and delivered to the County under this agreement.
5. The COUNTY shall maintain a flow meter at its reclaimed water pumping facility
for the purpose of determining the volume of flow received from the CITY.
6. The COUNTY agrees to maintain its meter in proper operating condition and
validate it annually. Should any question arise as to the accuracy of the meter,
the CITY may require the meter to be tested. Should the meter prove to be
registering accurately within AWWA Standards, the CITY shall pay all costs of
testing. Should the meter not be registering with AWWA Standards of accuracy,
the COUNTY shall pay for all costs of testing and repairing the meter.
7. The COUNTY shall remit payment to the CITY within 30 days after receipt of
invoice.
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B: Duties and Responsibilities of the CITY:
1. The CITY agrees to deliver to the COUNTY reclaimed water which has received
advanced wastewater treatment (AWT) at the CITY'S NEWRF and meet the
requirements of the Florida Department of Environmental Protection for reuse on
public access areas.
2. The CITY shall offer for sale to the COUNTY reclaimed water on an interruptible
basis for the term of this Agreement. In the event the CITY cannot supply the
target volume of 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. The CITY will deliver reclaimed water to the COUNTY at times of the day
mutually agreed upon.
4. The CITY agrees to deliver reclaimed water to the COUNTY at the point of
connection at the atmospheric pressure.
5. 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.
6. 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 period the meter was inoperative.
C: General:
1. The parties mutually agree that each shall assist the other to insure the efficient
and economical operation of the system.
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2. The initial term of this Agreement shall be Ten (10) years and shall be
automatically renewed for every subsequent Five (5) years for up to Three (3)
renewals or a total of Twenty Five (25) years unless notice is provided in writing
by either party to the other party at least One Hundred and Eighty (180) days
prior to the renewal date that the existing Agreement will not be renewed.
3. This Agreement may be terminated by either party with One Hundred and Eighty
(180) days written notice to the other party.
4. The parties agree to be fully responsible for their own acts of negligence, or their
respective agents' acts of negligence when acting within the scope of their
employment, and agree to be liable for any damages proximately caused
thereby; provided, however, that the parties' liability is subject to the monetary
limitations and defenses imposed by Section 768.28, Florida Statutes. Nothing
herein is intended to serve as a waiver of sovereign immunity by the parties, nor
shall anything herein be construed as consent by the parties to be sued by any
third party for any cause or matter arising out of or related to this Agreement.
5. None of the provisions of this Agreement is intended nor shall be deemed to
create any relationship between the parties hereto other than that of independent
entities contracting with each other solely for the purpose of effecting the
provisions of this Agreement. Neither of the parties hereto nor any of their
respective agents and employees shall be contrived to be the agent
representative or joint venture of the other. This Agreement is between
COUNTY and CITY and does not create any third party rights for any other party.
6. 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
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understanding of the parties and no modifications may be made hereto except in
writing and signed by all parties.
7. 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.
IN WITNESS WHEREOF, the parties herein to have caused this Agreement to
be executed by their respective authorized officers and it shall be effective on the day
and year first above written.
ATTEST:
KEN BURKE, Clerk
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Countersigned:
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George N. Cretekos
Mayor
Approved as to form:
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Leslie K. Dougal - ides
Assistant City Att ney
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PINELLAS COUNTY, FLORIDA
by and through its Board of County
Com is 'oners
By:
Chairman
APPROVED AS TO FORM
OFFICE OF COUNTY ATTORNEY
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CITY OF CLEARWATER, FLORIDA
By: " 3. �.e.-�,��
William B. Horne II
City Manager
Attest:
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Rosemarie Call
City Clerk
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