MPR Recycled Water Agreement with Public WorksRECYCLED WATER AGREEMENT BETWEEN MERIDIAN PARKS &
RECREATION DEPARTMENT AND MERIDIAN PUBLIC WORKS DEPARTMENT
This INTERDEPARTMgTAL RE YCLED WATER USE AGREEMENT
("Agreement") is made this day of , 2018, by and between the
Parks & Recreation Department ("MPR") A the Public Works Department ("MPW") of the
City of Meridian, a municipal corporation organized under the laws of the state of Idaho
("City").
WHEREAS, municipalities that typically discharge wastewater to the lower basin of the
Boise River have been required by the Idaho Department of Environmental Quality ("DEQ") to
reduce the discharge of nutrients to the lower basin of the Boise River, and as a partial response,
City has identified, as one of City's environmentally -responsible Comprehensive Plan goals, to
use recycled water throughout City (the terms "Recycled", "Reclaimed", and "Reuse" may be
used interchangeably, and all refer to the City's Class A Reclaimed Water);
WHEREAS, City has worked to implement this Comprehensive Plan goal by
establishing a state-of-the-art wastewater treatment and water reclamation facility;
WHEREAS, Idaho DEQ has issued a Municipal Wastewater Reuse Permit, identified as
Municipal Wastewater Reuse Permit No. M-215-03 (the "Permit"), which allows City to use the
City's recycled water and allows City to contract with other parties for the use of the City's
recycled water;
WHEREAS, MPW has constructed and operates a delivery system capable of delivering
to MPR recycled water meeting the quality standards set forth herein; and
WHEREAS, MPR intends to operate an onsite private recycled water system in
connection with landscape irrigation and toilet flushing for the properties shown in Exhibit A,
attached hereto and made a part hereof ("Property");
NOW, THEREFORE, for and in consideration of the recitals above which are
incorporated below, the mutual covenants set forth herein, as well as in consideration of
continued receipt of recycled water and in further consideration of such other values as may
inure to City and MPR from the delivery and use of recycled water, City hereby agrees to deliver
and MPR hereby agrees to receive recycled water on the following terms and conditions.
1. Quality Standards. The recycled water delivered to MPR shall meet DEQ standards set
for Class A Municipal Water.
2. Point of Delivery. MPW shall deliver the recycled water to the point of delivery depicted
on the site plan of the Property, attached hereto as Exhibit B and made a part hereof. Unless
otherwise specified, the point of delivery is the pipe connection immediately downstream of
recycled water meter setter. MPW may stop providing recycled water if MPR is not compliant
with regulatory and infrastructure requirements past the point of delivery.
RECYCLED WATER AGREEMENT -MERIDIAN PARKS & RECREATION DEPARTMENT PAGE 1 OF 10
3. Place of Use. Recycled water delivered under this Agreement shall be used only on the
Property.
4. Use. The recycled water delivered pursuant to this Agreement shall be used solely for the
following purpose: landscape irrigation and toilet flushing. No other use of the recycled water
shall be permitted.
5. Backflow Prevention. If a non -potable or potable, supplemental water source is
interconnected with the recycled water system, reduced pressure backflow prevention assemblies
shall be installed, at the sole expense of the MPR, on both the other irrigation water source and
the Class A source to prevent any cross connections between the recycled water and the
supplemental water source. All backflow prevention assemblies shall be approved by MPW
prior to installation, and tested on an annual basis. MPR is responsible for the maintenance and
annual testing of all such backflow prevention assemblies. MPR is encouraged to utilize
secondary irrigation sources for landscape irrigation when recycled water is not available for
delivery. MPW shall use all good faith efforts to notify MPR within one (1) day of MPW's
inability to deliver to MPR recycled water and the reason therefor.
6. Metering. MPR shall be required to meter the quantity of recycled water delivered to the
Property for each type of use. The meter shall be accessible to MPW.
7. Quantity and Schedule. The City's recycled water production is limited due to
production and pumping capacities. In order to maximize the City's production ability, MPR
agrees to restrict water usage to the following period(s) if possible:
Heroes Park
Landscape Irrigation
Period of Use: Only permitted for use from March 15th -October 31St annually
Preferred Time of Day: 10:00pm-6:00am daily
Toilet Flushing
Period of Use: Year round use permitted
Use is permitted 24 hours per day
Ten Mile Interchange
Landscape Irrigation
Period of Use: Only permitted for use from March 15th -October 31St annually
Preferred Time of Day: 2:00pm-10:00pm daily
In the event of a shortage of recycled water available, priority in delivery shall be given to City -
owned sites. The MPR and MPW agree to work together to coordinate watering schedules during
periods of reclaimed water shortage.
8. Compliance with Regulations. MPR agrees to comply with all state, federal and local
laws, regulations and standards, as now exist, or are later lawfully enacted, relating to the use of
recycled water after MPW's delivery of recycled water to the Property. MPW agrees to comply,
at its sole cost and expense, with all state, federal and local laws, regulations and standards, as
now exist, or are later lawfully enacted, relating to the recycled water system and the treatment,
delivery and use of recycled water prior to delivery of recycled water to the Property. Such laws,
RECYCLED WATER AGREEMENT - MERIDIAN PARKS & RECREATION DEPARTMENT PAGE 2 OF 10
regulations, and standards may include, but are not limited to: requirements and restrictions
governing use of the recycled water, limits on recycled water contact with employees, guests,
members of the public and adjoining properties, control of access to the recycled water, the
recycled water system, and the area of recycled water storage and use, and warning signs on the
delivery system and the area of use. MPR agrees to follow all policies, procedures, and
specifications outlined in the most current version of the Reclaimed Water MPR Manual. MPR
will ensure no runoff or ponding resulting from use of recycled water. MPR agrees to provide the
Reclaimed Water MPR's Manual to any person working on or around the reclaimed system.
MPR will install and maintain all reclaimed infrastructure beyond the point of delivery according
to guidelines established in the Permit, including: All exposed and above ground piping, risers,
fittings, pumps, and valves shall be purple in color (Panton 512, 522 or other approved
equivalent); all piping shall be purple in color (Pantone 512, 522 or other approved equivalent)
and identified using an accepted means of labeling. MPR shall install signs on the Property in
connection with use of the recycled water. Warning signs and labels shall read, in both English
and Spanish, "Caution: Recycled Water — Do Not Drink; Agua Reclamada-No Beber" or
equivalent. Example signage is included in Exhibit C.
9. Term. The term of this Agreement shall be coterminous with the term of the Permit and
any renewal or replacement thereof, unless earlier terminated by either Party.
10. Resale of Recycled Water. MPR shall not resell or give away recycled water delivered
by MPW under this Agreement.
11. Approval. The parties hereto acknowledge that, under existing and regulations, this
Agreement has been approved as to form by DEQ. The parties hereby agree to modify this
Agreement in writing to the extent that such amendment is reasonably necessary in order to
comply with DEQ requirements or regulations promulgated by DEQ.
12. Inspection. MPR acknowledges and agrees that in order to verify compliance with this
Agreement or with applicable laws and regulations, MPW, IDEQ, or other agencies with
appropriate jurisdiction may inspect the recycled water system at the Property, with notice, at a
reasonable time annually, or without notice in emergency situations or where necessary to ensure
compliance.
13. Approvals and Notifications. MPR specifically acknowledges that it has the
responsibility to inform, notify, and/or request inspection and approvals from various agencies,
for certain activities relating to new construction or significant modification of the reclaimed
water system. MPR acknowledges that it has the responsibility to inform MPW of any
significant modifications, violations, or emergency situations related to its reclaimed water
system.
14. Termination. This agreement may be terminated by either party upon sixty (60) days'
written notice. Grounds for termination shall include:
a. Either party's failure to comply with any provision of the Manual;
b. Either party's default or violation of any provision of this Agreement;
c. Either party's failure to comply with the Permit;
RECYCLED WATER AGREEMENT - MERIDIAN PARKS & RECREATION DEPARTMENT PAGE 3 OF 10
d. The purpose(s) for the use of recycled water, as described in this Agreement, no longer
exist; or
e. Changes in DEQ permitting or other regulatory requirements make continued operation
of City's recycled water system a nonviable option.
15. Reclaimed Water MPRs' Manual. Where there is a conflict between this Agreement and
the Manual, the provisions of the Manual shall apply. MPR is responsible for awareness of, and
compliance with, all requirements of the Manual and all DEQ regulations.
16. Mutual Cooperation. MPW and MPR shall mutually cooperate and expeditiously
perform all acts necessary or appropriate to discharge all obligations contained in or
contemplated by this Agreement, and with respect to any other matters that may arise in
connection with the Property and/or the recycled water and recycled water system not reasonably
foreseeable by MPR or MPW as of the date of this Agreement.
17. Miscellaneous.
(a) Notices. Any notice required to be given hereunder shall be in writing and shall
be deemed effectively given when sent by electronic mail (i.e., e-mail) to the respective
director of the department to be notified.
(b) Time is of the Essence. The parties hereto acknowledge and agree that time is
strictly of the essence with respect to each and every term, condition and provision
hereof, and that the failure to timely perform any of the obligations hereunder shall
constitute a breach of and a default under this Agreement by the parry so failing to
perform.
(c) Final Agreement. This Agreement sets forth all promises, inducements,
agreements, conditions and understandings between MPR and MPW relative to the
subject matter hereof, and there are no promises, agreements, conditions or
understanding, either oral or written, express or implied, between MPR and MPW, other
than as are stated herein. Except as herein otherwise provided, no subsequent alteration,
amendment, change or addition to this Agreement shall be binding upon the parties
hereto unless reduced to writing and signed by them or their successors in interest or their
assigns.
(d) Invalid Provisions. If any provision of this Agreement is held not valid by a court
of competent jurisdiction, such provision shall be deemed to be excised therefrom and the
invalidity thereof shall not affect any of the other provisions contained herein.
(e) Compatibility. This Agreement is intended to be supplemental to all other local,
City, State and Federal Code requirements, rules and regulations, and is established to
assure compatibility of the resulting land use with the surrounding area. Provided,
however, that to the extent this Agreement conflicts with any provision of the Meridian
City Code, other than a future duly adopted Amendment to Meridian City Code in
connection with a commodity rate for recycled water, this Agreement shall prevail to the
extent permitted by law.
RECYCLED WATER AGREEMENT - MERIDIAN PARKS & RECREATION DEPARTMENT PAGE 4 OF 10
(f) Governing Law. This Agreement shall be governed by the laws of the State of
Idaho. The venue for any action arising out of this Agreement shall be exclusively in the
District Court of the 4th Judicial District of the State of Idaho, Ada County, or in the
United States District Court for the District of Idaho.
(g) Waiver. Waiver by MPW or MPR of any breach of any term, covenant or
condition shall not be deemed to be a waiver of that term, covenant or condition on any
subsequent breach of such term, covenant or condition or any other term, covenant or
condition.
IN WITNESS WHEREOF, the parties hereto have duly approved and executed this
Recycled Water Use Agreement as of the date first written above.
PARKS & RECREATION DEPARTMENT:
Ste;e Si doway, Director
PUBLIC RKS DEPARTMENT:
aDale Bolthouse, Director
Schedule of Exhibits:
Exhibit A: Description/Map of the Properties
Exhibit B: Site Plan Depicting Point of Delivery of Recycled Water
Exhibit C: Recycled Water Signage Text and Location
RECYCLED WATER AGREEMENT- MERIDIAN PARKS & RECREATION DEPARTMENT PAGE 5 OF 10
EXHIBIT A
Description/Map of the Properties
Heroes Park:
Address: 3064 W MALTA DR MERIDIAN, ID 83646
Subdivision: LOCHSA FALLS SUB NO 09
Land Group Type: SUB
Township/Range/Section: 4N1 W26
Parcel: R5299400032
Property Description:
PAR #0032 SE'LY POR LOT 4
BLK 38
LOCHSA FALLS SUB NO 09
#0030-13 RS 8739
HEROSPARK
RECYCLED WATER AGREEMENT - MERIDIAN PARKS & RECREATION DEPARTMENT PAGE 6 OF 10
EXHIBIT A
Description/Map of the Properties
10 Mile Interchange:
All landscaped areas at the including norther center roadway planters.
t: 4j '
RECYCLED WATER AGREEMENT - MERIDIAN PARKS & RECREATION DEPARTMENT PAGE 7 OF 10
EXHIBIT B
Site Plan Depicting Point of Delivery of Recycled Water
Heroes Park: Point of Delivery: M1 (Red Circle)
RECYCLED WATER AGREEMENT - MERIDIAN PARKS & RECREATION DEPARTMENT PAGE 8 OF 10
EXHIBIT B
Site Plan Depicting Point of Delivery of Recycled Water
Ten Mile Interchange: Point of Delivery: M1 (Red Circle)
-� 5 Vanguard Way
I V
K
Zoomed In: At intersection of Ten
Mile and Vanguard Way
RECYCLED WATER AGREEMENT - MERIDIAN PARKS & RECREATION DEPARTMENT PAGE 9 OF 10
EXHIBIT C
Recycled Water Signage Text Example
A�%-A Conserving
%ffIdaho's
-F Water
CAUTION
IRRIGATED WITH
RECLAIMED WATER
DO NOT DRINK
(S
AQUA RECIAMAD,-A�-NO BEBER
L.& E FDR IA,N -
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