Backup Documents 07/14/2020 Item #16C 1 (Tarpon Cove) ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP.):...,5"1:Ayt 1 I I
011691
`t TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT Crist
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE 1 r
pinkPrint on paper. Attach to original document. The completed routingslipand original documents are to be forwarded to the CountyAttorney Office
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at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the Count Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1. County Attorney Office oun AttC411ornei?I2
Board of County BCC Office �� J 43
Commissioners
3. Minutes and Records Clerk of Court's Office ! E��J qj ib O
eri
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Cindy M. Erb Phone Number 239-252-8917
Contact/ Department
Agenda Date Item was 7 I I ZD Agenda Item Number / n f
Approved by the BCC 41 V
Type of Document Number of Original
Attached f Documents Attached ,
PO number or account Account: and , Cost Center
number if document is Object Code 649Q030^ Project�
to be recorded 1 o , -At— _
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial Applicable)
1. Does the document require the chairman's original signature?
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman,with the exception of most letters,must be reviewed and signed ..
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the ay.% N/A
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's ��Q
signature and initials are required. Of+t v
7. In most cases(some contracts are an exception),the original document and this routing slip N/A
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on '-7 )1 y4J 2.0 2 0 ,and all changes t
made during the meeting have been incorporated n t attached document. The
County Attorney's Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the
BCC, all changes directed by the BCC have been made,and the document is ready for t e
Chairman's signature.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
Memorandum 16 C 1
TO: Minutes & Records
FROM: Cindy Erb, Property Acquisition Specialist, Sr., Real Property Management
DATE: August 19, 2020
RE: Amendment No. 1 to Major User Agreement for Delivery and Reuse of
Irrigation Quality (IQ) Water— Tarpon Cove
This item was accepted by the BCC on July 14, 2020, Agenda Item 16C1.
Please attest to Commissioner Saunders' signature as Chairman on the Amendment No. 1
To Major User Agreement for Delivery and Reuse of Irrigation Quality (IQ) Water. Once
attested, please forward said document to the Recording Department for recordation. A
recording form is attached.
Please contact me if you have any questions or comments at Extension 8917.
Thank you!
INSTR 5922697 OR 5815 PG 1405
RECORDED 9/14/2020 2:36 PM PAGES 10
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
COLLIER COUNTY FLORIDA
REC$86.50
Amendment No. 1 to Major User Agreement for Delivery
and Reuse of Irrigation Quality(IQ) Water 16 C 1
Tarpon Cove
THIS Amendment No. I to Major User Agreement for the Delivery and Reuse of IQ
Water (the"Amendment") is made and entered into this I eAday of Avws\, 2020 by and between
Tarpon Cove Community Association. Inc. a Florida non profit corporation. whose mailing address
is c/o American Property Management Services. LLC, 8825 Tamiami Trail East, Naples, FL 34113
(hereinafter referred to as "User") and the Collier Water-Sewer District (hereinafter referred to as
"District"), collectively, the Parties hereto("Parties"). This Amendment will take effect on October 1.
2020 and will be effective through September 30, 2025.
RECITALS
WHEREAS, on June 25, 2013, the Collier County Board of County Commissioners adopted
Collier County Ordinance No. 2013-48, relating to the Collier County Water-Sewer District
("District") Irrigation Quality ("IQ") Water, which among other matters requires Users to enter into
Agreements with the District for the sale and purchase of IQ Water; and
WHEREAS, IQ Water offers an environmentally sustainable method for managing
wastewater disposal, conserving potable water sources, and Section 403.064, F.S. encourages local
governments to implement reuse projects and places limitations on deep well injection and other
forms of effluent disposal; the District desires to use for itself and make available to the public. IQ
Water as an alternative water resource to be used for both irrigation and non-irrigation purposes; and,
WHEREAS, all wastewater treatment plant permittees that reuse IQ Water or dispose of
effluent upon any property owned by another party, must enter into a binding agreement between
the involved parties to ensure that construction, operation, maintenance, and monitoring of such use
meets the requirements of Chapters 62-600, 62-620 and 62-610, F.A.C.; and.
WHEREAS, the Board has also adopted an IQ Water Policy. as it may be supplemented
and amended from time to time. which is intended to provide beneficial public use of IQ Water by
ensuring the optimum utilization of the District's limited water supplies; and.
WHEREAS,on June 11,2013,the Collier County Board of County Commissioners approved
a standardized format for the Major User Agreement for Delivery and Reuse of IQ Water (the
"Agreement") to be utilized by all of the Major Users of the District's IQ Water: and
WHEREAS, the Agreement has a five-year term commencing on October 1, 2015 and is
scheduled to terminate on September 30. 2020, subject to being renewed for successive five-year
terms upon the mutual agreement of the parties as set forth in numbered paragraph 7, Term, of the
Agreement: and
WHEREAS. the parties wish to extend the term of this Agreement for another five-year term
Words Struck---Through are deleted; Words Underlined are added
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commencing on October 1, 2020, and to clarify their respective responsibilities by making the
following additional amendments:
• Adding amended language in numbered paragraph 6, Quantity, reflecting the
updated Major User's allocation of water and striking language in that same
paragraph allowing Major Users to seek an increase to their allocation of water,
.since under this Amendment they will be offered an Allocation equal to the full IQ
Water Application Rate (IQWAR); and
• Adding amended language in numbered paragraph 15, User Responsibilities
Downstream of the point of delivery, addressing Major User's responsibilities to
maintain and operate its IQ water distribution system in accordance with industry
standards; actions to take in case of spills; and
• Adding language in numbered paragraph 19 outlining procedures for cross
connection inspections.
• Amending language in numbered paragraph 26, Notices, to address a non-substantive
descriptive title change.
NOW,THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable
consideration exchanged amongst the parties,and in consideration of the covenants contained herein,
the parties agree as follows:
1. All of the above RECITALS are true and correct and arc hereby expressly incorporated
herein by reference as if set forth fully below.
2. The last sentence of the preamble to the Agreement is replaced in its entirety to extend
the term of the Agreement and now reads as follows:
"This Agreement will take effect on October 1. 2020 and vcill be effective
through and including September 30, 2025."
3. Numbered paragraph 6. Quantity is hereby amended as follows:
6. QUANTITY.
Pressurized Service Customers: the User's anticipated usage is based on the IQ
Water Application Rate for the Irrigable Property described in Exhibit`'A" and
is calculated as78,000 gallons per day (gpd).
The District is not obligated to provide any additional IQ Water to the User
beyond the User's Allocation for the term of this Agreement. However, based
upon IQ Water availability,the District will use all reasonable efforts pursuant
to the terms of this Agreement to provide the User with additional volumes of
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Words Struckrough are deleted; Words Underlined are added
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IQ Water beyond the User's Allocation to approximate the historic volumes
delivered to the User. Delivery of this additional IQ Water at any time does
not grant the User with an increase to its Allocation under this Agreement. No
Allocations will exceed the amount as is determined by the availability of the
IQ Water.
«
Ifthe User is desirous of limit th t f IQ Water received to a specific
an
made-ence-per ealendaryear. r
The District agrees that it will provide the User with its Allocation of IQ Water
instead of the deep injection of IQ Water (including charging aquifer storage
and recovery wells); except for reclaimed water needed for water reclamation
facility treatment processes. injection well testing. flushing and other
regulatory requirements or as it may be deemed necessary by the District to do
so from time to time in order to protect the Public's health and safety.
For purposes of this Agreement, each day equals a twenty-four (24) hour
period,which begins at midnight. 12:00 a.m. The District retains the right and
sole discretion with respect to delivery times to the Users.
IQ Water Availability, existing Major Users will be provided with an
ef-ene-ineli-(4-L3-peF-aer-eper-week,ef-t-lie-19--Water-Applieation-Rate-ef--the
Users' ble acresrirrigated-with--IQ ater in 2 112.
4. Numbered paragraph 15. User Responsibilities Downstream of the Point of Delivery is
hereby amended as follows:
15. USER RESPONSIBILITIES DOWNSTREAM OF THE POINT OF
DELIVERY. Except to the extent, if any, clearly and expressly specified in
the special provisions paragraph in this Agreement to the contrary, the User
shall take full responsibility for the design,construction,permitting,financing.
compliance, operation, maintenance, and repair of the IQ water system
downstream of the POD as outlined in Ordinance No. 2013-48.
All User-owned pump stations must be equipped to automatically shut down
due to low pressure or lack of flow. The District shall not be liable for User
equipment failure or any damage due to low pressure or lack of flow.
3
Words StruckThrough are deleted; Words Underlined are added
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16 C 1 -I
The User shall operate and maintain its IQ Water distribution system in
accordance with recognized and established water and wastewater utility
industry standards so that reportable releases of IQ water are avoided. A
reportable release is any release or discharge of reclaimed water that is other
than for its intended use. All reportable releases shall be reported to the District
immediately after being contained. The procedures are outlined in the attached
IQ Spill Report Form (Exhibit "E").
In the case of repeated spills or spills resulting from User's negligence User
may be requested to adopt corrective measures that will minimize the
possibility of future spills. Failure of the User to adopt such corrective
measures in a timely manner may result in curtailment of service or
termination of this Agreement.
The User shall post IQ Water advisory signs as described in Section 62-
610.468 F.A.C. Residential, industrial, and commercial users shall post.
maintain, and replace signage at all community/facility entrances, storage
facilities, and water features. Golf courses shall post, maintain, and replace
signage at the storage facilities, water features. and either at the first and the
tenth tee or on score cards, at the User's option.
5. Numbered paragraph 19, Cross Connections Prohibited is hereby amended as follows:
19. CROSS CONNECTIONS PROHIBITED. On all properties where IQ
Water service is provided, the public water supply shall be protected by an
approved backflow protection device as specified in Ordinance No. 1997-33,
as amended.
To determine the presence of any potential hazards to the District's potable or
IQ Water Systems. the District shall have the right, but not the duty, to enter
upon the premises and operate the private system of any User receiving IQ
Water for the purpose of performing cross connection inspections.
If a cross connection is found on a User's property, the District will
immediately suspend IQ Water service pursuant to the provisions of Collier
County Ordinance No. 2013-48. The District will provide a verbal notification
to the User, followed by a detailed written notice as soon as practicable. IQ
Water service will only be reinstated upon: (a) the removal of the cross
connection together with any reasonable terms and conditions that the District
determines are necessary to avoid future cross connections; (b) there is no
history of previous cross connections or violations of the other provisions of
Collier County Ordinance No. 2013-48 relating to the public health and safety
by the User; and (c) the Florida Department of Environmental Protection
(FDEP) provides its approval of the reinstatement to the District in a writing,
4
Words Strums rottgh are deleted; Words Underlined are added
16C1
if necessary. The User will be responsible for all costs incurred by the District
and the User resulting from the cross connection. These costs include all
potable or IQ Water used, including all potable water used for flushing lines,
and follow-up cross connection inspections performed by a licensed
professional irrigation contractor or a certified Reclaimed Water Field
Inspector as mandated by the District. IQ Water service will not be restored
prior to submittal of a written report summarizing the cross connection
inspections with subsequent written approval by the District.
The User shall provide results of cross connection inspections performed upon
initial connection to the District's System and take all reasonable precautions
to prevent any cross connections while making repairs or extensions to the
User's irrigation system.
The User must provide the results of a cross connection inspection performed
at each internal service connection prior to each future Agreement renewal. At
the end of the five-year term, one hundred percent of all potable and IQ Water
service connections shall have been inspected. The results of the cross
connection inspections must be submitted to the District by the User within
thirty days of inspection. At the time of the Agreement Renewal, the User is
required to submit 427 cross connection inspections. The service connections
that require inspections are listed in Exhibit"C." Additional cross connections
inspections may be required as determined by the District when additional
service connections are made or cross connections are found.
All inspections are to be completed on the Cross-Connection Inspection Form
(Exhibit "F"). One inspection form is required for each potable meter service
connection. All units receiving potable water from that service connection
must be tested for a cross connection. Inspection should be completed by a
licensed professional irrigation contractor or a certified Reclaimed Water Field
Inspector or an individual that has been trained to complete cross connection
inspections.
6. Numbered paragraph 26. Notices is hereby amended as follows:
NOTICES. Any notice. request.demand,instruction or other communication to
be given to either party hereunder shall be in writing sent electronically with a
request for confirmation or receipt, or by facsimile with automated
confirmation of receipt; or hand delivery by a private service; or by registered
or certified United States mail, return receipt requested, postage prepaid; or
personal delivery addressed as follows:
USER: DISTRICT:
Tarpon Cove Community Association ztewatef Director, In-Ground Services
do American Property Management Services,LLC 4370Mercantile Ave.
8825 Tamiami Trail East.Naples.FL 34113 Naples.FI. 34I04
5
Words Struek—through are deleted; Words Underlined are added
l6C1
With copies to:
Office of the Collier County Attorney
3299 Tamiami Trail E., Suite 800
Naples, FL 34112
The addressees, addresses and numbers for the purpose of this section may be
revised by either Party by giving written notice of such change to the other party
in any of the manners provided herein. For the purpose of changing such
addressees, addresses and numbers only, unless and until such written notice is
received,the last addressee and respective address stated herein shall be deemed
to continue in effect for all purposes. Notice given in accordance with the
provisions of this section shall be deemed to be delivered and effective upon
receipt of an automated fax confirmation; or on the fifth day after the certified
or registered mail has been postmarked: or receipt of personal delivery; or
delivery with an overnight courier or on the date upon which the return receipt
is signed or delivery is refused or the notice is designated by the postal service
as not delivered as the case may be, if mailed.
7. Except as modified by this Amendment, the Agreement shall remain in full force and
effect. If there is a conflict between the terms of this Amendment and the Agreement, the terms of
this Amendment shall prevail.
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Words Struckough are deleted; Words Underlined are added
1 6 C 1
IN WITNESS WHEREOF. the parties hereto have caused this Amendment to be executed
by their appropriate officials, as of the date first above written.
AS TO THE DISTRICT:
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL. Clerk of Courts COLLIER COUNTY, FLORIDA, AND AS
& Comptroller EX-OFFICIO THE GOVERNING BODY OF.
THE COLLIER COUNTY WATER-SEWER
DISTRICT
0
B By:
Ag.,)17.1.„Ege-ed,rabai--
De ClerkBurt L. Saunders. Chairman
--
Deputy as to Chairman's
signature only.
Approv as t form and le •
By:
Scott R. c
Deputy County Attorney
7
Words Struck Through are deleted; Words Underlined are added L�
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Witnesses: AS TO USER
Witness ignature)
Name: f 4 J,) /foLj,zz)
Tarpon Cove Community Association.
Inc. a Florida non profit corporation
By
W to s ignatur , �,�/�y D"fin",
Printed name and title
c ti
Name: , -,f-tn('c n 1 L
STATE OF F l o ri d
COUNTY OF l oEli er
The foregoing Amendment No. 1 to Major User Agreement for Delivery and Reuse of Irrigation
Quality (IQ) Water was acknowledged before me by means of [J'physical presence or E online
notarization this I S day of A&c to 34 ,2020 by N�r r y 17 e Sea-l-o (Name),as
?rr s td v�-1' (Title), on behalf of Tarpon Cove Community Association, Inc. a Florida non
profit corporation. Such person(s)Notary Public must check applicable box:
[ Yare personally known to me.
❑ produced her current driver license.
[] produced as identification.
(Notary Seal) (L'(A/L/L /49'L,4
Notary Public
Printed Name of Notary: r.A r t'h 40[e s
oPay'Pk, Cerro Holes Commission Number: G G (D5
, I�1 O
? = Commission#GG165170 My Commission Expires: l a h uar' 2, 2 oZ 2
i`= Expires:January 2,2022
"%1lfpFFL ����\ Bonded thru Aaron Notary
,t/111111\\\
8
Words C meugh are deleted; Words Underlined are added
Exhibit E to Major User Agreement ' 1 6 C 1
Cot ter County
Public Utilities Department
Wastewater Division
Reclaimed Water Spill Report Form
1. Name and title of the reporting person and the nature of his or her relationship to the installation
2. The name and address of the installation where the reportable pollution release occurred
3. The name and telephone number of a contact person for further information
4. The substance released.
5. The estimated quantity of the substance released and,if applicable,the estimated quantity that has since
been recovered.
6. The cause of the release.
7. The source of the release.
8. The location of the release.
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9. The date,time,and duration of the release.
10. The medium into which the substance was released, including,but not limited to,the outdoor air,land,
groundwater,aquifer,or specified waters or wetlands.
11. Whether the released substance has migrated to land or waters of the state outside the property
boundaries of the installation and the location of such migration.
12. The owner or operator may also include in the notice any other information he or she wishes in order to
assist in the protection of the public health,safety,and welfare.
Please report all Reclaimed Water spills within 24 hours to Rob Kaine l 239-252-6284 or email to
ji,;- , For any after hours and weekend reports please call 239-252-2600 and ask to be
put into contact with the IQ on-call staff member.
45
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,.44.maiwt i r .7'7'; .,_.,,..•,.e' : • ;riM„ r:c'4a34'at.1a 25 ,5681
Exhibit F to Major User Agreement 1 1 6 C 1
Collier County Public Utilities
Irrigation Quality Section
Cross Connection Inspection Form
Subdivision Address
Reclaimed Meter# Meter Read Meter Size
Potable Meter# Meter Read Meter Size
Hydraulic Test Procedures
1. Notify facility owner of your presence and intent to conduct cross connection inspection. If no one answers the
door,check if potable meter is running. Come back to inspect at a later time if potable meter is running.
2. Proceed with inspection if no one answers the door and potable meter is not running
3. Turn off reclaimed water meter supply valve
4. Turn on potable meter supply valve
5. Turn on and run each irrigation zone. No flow should be observed from the irrigation system,Did this test pass?
Yes No
6. If step 6 passed,then turn off potable water supply and turn on the reclaimed water supply
7. Open hose bibs on the outside of the building. Check for flow. There should not be any flow out of hose bibs
after 10 seconds. Did this test pass? Yes No
8. If both tests passed make sure both meters are turned back on
9. If one or both tests fail,then shut and lock the reclaimed water meter and contact Collier County Irrigation
Quality Water Section(239)-252-6251.
10. Inform homeowner of actions taken if you find a cross connection.
General Survey Information
1. Backflow assembly present and accessible Yes No
2. Facility has outside hose bib vacuum breakers installed Yes No
3. Reclaimed water meter box is purple Yes No
4. Reclaimed water signage at entrance of subdivision or onsite Yes No
5. Any hose bibs found on the reclaimed water irrigation system Yes No
6. Reclaimed water used for lawn,vegetation, or common areas only Yes No
7. Reclaimed water used for edible crops Yes No
9. Reclaimed water used for swimming pool Yes No
10. Reclaimed water piped into building Yes No
11. Is meter locked off? Yes No
12. Is a cross connection present? Yes No
Inspected by: Signature: Date:
Company Performing Inspection:
Please return all completed forms to the Collier County Irrigation Quality Section,4370 Mercantile Ave,Naples,FL 34104
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