Amendment #1 - NCRP & Vinyards Park Amendment No. 1 to Major User Agreement for Delivery
and Reuse of Irrigation Quality (IQ) Water
North Collier Regional Park(NCRP) and Vineyards, Park
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THIS Amendment N o. 1 to Major User Agreement for the Delivery and Reuse of O E M o
IQ (the2020 by and co73oo (0
Water "Amendment') is made and entered into this cr day of,
between The Board of County Commissioners of Collier County, a politicA subdivision of the o 8 -' m
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State of Florida. whose mailing address is do Real Property Management, 3335 Tamiami Trail Z m N W
E, Ste. 101, Naples. FL 34112 (hereinafter referred to as"User") and the Collier Water-Sewer 0 N o
District (hereinafter referred to as "District'), collectively, the Parties hereto ("Parties"). This co
Amendment will take effect on October 1, 2020 and will be effective through September 30, xi N
2025. on -o
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RECITALS D
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WHEREAS, on June 25, 2013, the Collier County Board of County Commissioners o m
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 -0
to enter into Agreements with the District for the sale and purchase of IQ Water; and
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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.
Words Struck-Through are deleted; Words Underlined are added 6J
of the Agreement: and
WHEREAS.the parties wish to extend the term of this Agreement for another five-year
term 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 are 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 will be
effective through and including September 30, 2025."
3. Numbered paragraph 6. Quantity is hereby amended as follows:
6. QUANTITY. �p � t y/,.s>/z.,
Bulk Service Customers:the User's Allocation is based on the combination
of the availability of the District's IQ Water and the IQ Water Application
Rate for the Property as described in Exhibit "A." The User's Allocation,
which the District agrees to make available,and the User agrees to accept
based on the terms of this Agreement.is based on the 1Q Water Application
Words Struck Through are deleted; Words Underlined are added
Rate for the Irrigable Property described in Exhibit "A", ("Full
Allocation") and is calculated as 322,000 gallons per day (gpd). This
Allocation constitutes the minimum amount of IQ Water that the District
agrees to provide to the User. subject to all of the other terms and
conditions as set out further in this Agreement.The User may elect a lower
Allocation for the term of this Agreement while reserving its right to
request the full Allocation when the Agreement is renewed. If User elects
an Allocation lower than the "Full Allocation", above, the following will
constitute the User's Allocation for the term of this Agreement
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 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.
must file a est . .rit; g to the Dist«ct Modif;cat: s to tlx: t
may only be-made onceper cale year.
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 he 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.
P,.:er to the addition of future Uses of the lQ Water System nd
based e.. lQ Water Availability fisting Major i isers will be p ide,l
the amount of one inch (I-) per acre. per week. of the IQ Water
\1t A D utilization, in exc ge or--the 4ser'swater—use— it
substtution a eff et-credits. r the p of the a plication of this
futufe--14ser-ppiefitizatien,--aninerease-iii-I-Q-Water-velume-fer-existing
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Words Steel -trough are deleted; Words Underlined are added
Major Users w be-based-on the amo the-Majer-14sers igable
acres-irrigated wit -IQ-Water- 01
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.
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
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
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Words ugh are deleted; Words underlined are added lot'1
by an approved back flow 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, 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 a
minimum of 10 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
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Words Struck T h are deleted; Words Underlined are added
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:
Collier County Board of County WastewateF Director, In-Ground Services
Commissioners 4370 Mercantile Ave.
c/o Real Property Management Naples. FL 34104
3335 Tamiami Trail E, Ste. 101
Naples. FL 34112
With copies to:
I‘; 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.
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Words Struck—Through are deleted; Words Underlined are added a
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.
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 USER:
ATTEST:
CRYSTAL K. KINZEL,Clerk of CourtsB BOARD OF COUNTY COMMISSIONERS
&Comptroller COLLIER COUNTY. FLORIDA
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By: By:
Attest as to airman uty rk Burt L. Saunders, Chairman
siarTttlrc Manly.
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AS TO THE DISTRICT: .:
ATTEST: BOARD OF COUNTY COMMISSIONERS t
CRYSTAL K. KINZEL,Clerk of Courts COLLIER COUNTY, FLORIDA,AND AS
&Comptroller EX-OFFICIO THE GOVERNING BODY OF
THE COLL R COUNTY W ER-SEWER
DISTRIC
•
By: Bv:
u Burt L. Saunders,Chairman
Attest as to Chairman°
!n"rytare only.
Approved as to form and legality:
By:
Jenni er A. Belpedio Q-)
Assistant County Attorney \'1
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Words Struck Through are deleted; Words Underlined are added
Exhibit E to Major User Agreement
Cotter 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.
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 Redaimed Water spills within 24 hours to Rob Kaine @ 239-252-6284 or email to
kame•;• - 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.
Exhibit F to Major User Agreement
Collier County Public Utilities
Irrigation Quality Section
Cross Connection Inspection Form
Subdivision Address
Reclaimed Meter a Meter Read Meter Size
Potable Meter U 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,Napes,FL 34104
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