Republic Services Reclaimed Water Agreement for Landscape Irrigation and Bin Washing Item#29.
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN To.
City Clerk
City of Meridian
33 E.Broadway Avenue
Meridian.ID 83642
RECYCLED WATER USER AGREEMENT
This RECYCLED WATER USE AGREEMENT(this "Agreement")made this .1 day of
0r-T.VU*. ,20 ?�,by and between Allied Waste Services of North America, LLC, DBA
Republic Services of Idaho("User")and 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.the 'use of 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,the City uses recycled water for land application option for Class A effluent at various
locations as specified by allowable uses in the Permit,which will continue to conserve a significant amount
of ground water and reduce City's discharge flows into surface waters;
WHEREAS,City has constructed and operates a delivery system capable of delivering to User
recycled water meeting the quality standards set forth herein;and
WHEREAS, User intends to construct and operate an onsite private recycled water system in
connection with landscape irrigation(insert other uses here)for the property described on Exhibit A, attached
hereto and made a part hereof(the"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 User from the delivery and use of
recycled water,City hereby agrees to deliver and User hereby agrees to receive recycled water on the
following terms and conditions.
1. No Char a for Rec cled Water. The cost to be paid by User for recycled water delivered by City as
provided further herein shall be$0.00(zero dollars). Whenever recycled water is utilized by the User and
then returned to the sanitary sewer(examples:toilet flushing,car wash,etc.),the User wi[I be charged the
standard City rates for sewer use for that volume of water. User acknowledges that City may, in the future,
adopt a commodity rate for recycled water,which rate shall apply to User. In the event that City adopts a
commodity rate for recycled water this agreement will be void.
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Item#29.
2. Quality Standards. The recycled water delivered by City to User shall meet DEQ standards set for
Class A Municipal Water. User shall not be obligated to accept recycled water from City that does not meet
this standard.
3. Point of Delivery. City 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. The City is
responsible for the infrastructure and regulatory requirements up to the point of delivery. The User is
responsible for the infrastructure and regulatory requirements past the point of delivery. The City has the
right to stop providing recycled water if the User is not compliant with regulatory and infrastructure
requirements past the point of delivery.
4. Place of Use. Recycled water delivered under this Agreement shall be used only on the Property.
5. Use. The recycled water delivered pursuant to this Agreement shall be used solely for the following
purpose: landscape irrigation and cartldumpster washing. No other use of the recycled water shall be
permitted.
6. Backflow Prevention. If a non-potable or potable,supplemental water source is interconnected with
City's recycled water system,reduced pressure backflow prevention assemblies shall be installed,at the sole
expense of the User,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 City prior to installation,and tested on an annual basis. User is responsible
for the maintenance and annual testing of all such backflow prevention assemblies. User is encouraged to
only utilize secondary irrigation sources for landscape irrigation when City is unable to deliver recycled
water. City shall use all good faith efforts to notify User within one(1)day of City's inability to deliver to
User recycled water and the reason therefor.
7. Meterine. User shall be required to meter the quantity of recycled water delivered to the Property for
each type of use. The meter shall meet standard City specifications and shall be accessible to City. The cost
of the meter installation shall be the sole responsibility of the User.
8. 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,the User agrees to restrict water
usage to the following period(s):
No time of day restrictions on use. Water may be used for cartldumpster washing year round,as available.
Water may be used for landscape irrigation only from March 15th-October 31 st each year.
In the event of a shortage of recycled water available,priority in delivery shall be given to City owned sites.
The period of use can change upon seven(7)days' notice from the City. The City reserves the right to
additionally restrict use quantities.
9. Com liance with Regulations. User agrees to comply,at User's 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
use of recycled water after City's delivery of recycled water to the Property.City 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 City's delivery of recycled water to the Property. Such laws, regulations,and standards may
include,but are not limited to: requirements and restrictions governing use of the recycled water, lim its on
recycled water contact with employees,guests,members of the public and adjoining properties, control of
RECYCLED WATER USER AGREEMENT PAGE 2❑F 9
Page 465
Item#29.
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. The User agrees to follow all policies, procedures,
and specifications outlined in the most current version of the Reclaimed Water User Manual provided to the
user. The User will ensure no runoff or pond ing resulting from use of recycled water on their site.The User
agrees to provide the Reclaimed Water User's Manual to any person working on or around the reclaimed
system.The User 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(Pantone 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. User 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.
to. Commencement of Service. User agrees to give City fifteen (15)days" notice prior to the first time
service is initiated under this Agreement.
i t. 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.
12. Resale of Recycled Water. User shall not resell recycled water delivered by City under this
Agreement.
13. Approval. The parties hereto acknowledge that, under existing and proposed 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.
14. Inspection. User acknowledges and agrees that in order to verify compliance with this Agreement or
with applicable laws and regulations,City, State,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.
15. Approvals and Notifications. User specifically acknowledges that it has the responsibility to inform,
notify,and/or request inspection and approvals from various agencies, including the City's Building
Department,for certain activities relating to the construction,maintenance,and operation of User's recycled
water system on the Property, including, but not limited to: materials; construction;facility testing;
violations;and emergency situations.
16. Termination;cure. User may terminate this Agreement at any time for no cause with ten(10)days
written notice to City. Notwithstanding the foregoing,the parties further agree that if City or User believe
that grounds for termination occur as a result of a default,the defaulting party shall have thirty(30)days
after mailing of notice of such default to correct the same prior to the non-defaulting parry's seeking of any
remedy provided for herein; provided,however,that in the case of any such default which cannot with
diligence be cured within such thirty(30)day period, if the defaulting party shall commence to cure the same
within such thirty(30)day period and thereafter shall continue efforts to cure with diligence and continuity,
then the time within which such may be cured shall be extended for such period as may be necessary to
complete the cure with diligence and continuity. If the defaulting party fails to cure or make efforts to cure
the default as set forth herein,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 parry's failure to comply with the Permit;
RECYCLED WATER USER AGREEMENT PAGE 3 OF 9
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Item#29.
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.
17. Reclaimed Water Users' Manual. Where there is a conflict between this Agreement and the Manual,
the provisions of the Manual shall apply. The User is responsible for awareness of,and compliance with,all
requirements of the Manual and all DEQ regulations.
18. Mutual Cooperation. City and User 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 User or City as of the date of this Agreement.
19. Miscellaneous.
(a) Notices. Any notice required to be given hereunder shall be in writing and shall be deemed
effectively given: (1)upon personal delivery to the party to be notified;(2)when sent by confirmed
electronic mail(i.e.,e-mail);or(c)upon deposit in the U.S.mail. All communications shall be to the
respective parties to this Agreement at the following addresses:
City:
Wastewater Superintendent
3401 N Ten Mile Rd,Meridian ID 83646
E-mail: Imevey@i-neridiancity.org
User:
Robert Bennett
2130 W. Franklin Road, Meridian, ID 83642
Email: RBennett@republicservices.com
(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 User and City relative to the subject matter hereof,and there
are no promises,agreements,conditions or understanding,either oral or written,express or implied,
between User and City,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) Binding upon Successors. This Agreement shall be binding upon and inure to the benefit of
the parties' respective successors,assigns and personal representatives,including City's corporate
authorities and their successors in office. This Agreement shall be binding on the owner of the
Property,each subsequent owner and each other person acquiring an interest in the Property.
Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof,except
that any sale or alienation shall be subject to the provisions hereof and any successor owner or
owners shall be both benefited and bound by the conditions and restrictions herein expressed.
RECYCLED WATER USER AGREEMENT PAGE 4 OF 9
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Item#29.
(e) 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.
(f) 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.
(g) Relationship of the Parties. It is hereby specifically understood and acknowledged that
development of the Property is a private project and that neither City nor User will be deemed to be
the agent of the other for any purpose whatsoever.
(h) Excusable Non-Performance. In the event of an Act of God,natural catastrophe, war, civil
insurrection,accidents,acts of governmental or judicial bodies other than City,or any unexpected
occurrences beyond the control of either party which shall materially interfere with the ability of City
to deliver recycled water to User,or the ability of User to accept,transmit or distribute recycled
water,the failure of either party to perform its obligation under this Agreement shall be excused so
long as the condition interfering with performance continues. The maintenance and operation of
City's sewer system and of the Meridian Wastewater Treatment Plant shall be solely within the
discretion of City;and in the event City discontinues the treatment plant operation and the treatment
plant is not replaced by another plant all obligations of either party to perform shall cease without
prejudice to any claimed or asserted rights of either parry existing prior to the execution of this
Agreement.
(i) Attorneys' Pees. Should any litigation be commenced between the parties hereto concerning
this Agreement,court costs and reasonable attorneys' fees shall be determined and awarded by a
Court of competent jurisdiction as allowed by law. This provision shall be deemed to be a separate
contract between the parties and shall survive any default,termination or forfeiture of this
Agreement.
6) Remedies Cumulative. All remedies herein are cumulative and,to the extent not wholly
inconsistent with each other,may be enforced simultaneously or separately,at the sole discretion of
City and/or User.
(k) 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.
(1) Waiver. Waiver by City or User 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. No term,covenant or condition of
this Agreement shall be deemed to have been waived by City or User unless the waiver is in writing
by City or User.
(m) Counterparts. This Agreement may be executed in two or more counterparts,each of which
shall be deemed an original, but all of which together shall constitute one and the same instrument.
RECYCLED WATER USER AGREEMENT PAGE 5 OF 9
Page 468
1N WTINESS WHEEWF, the p"es by have dul ap od and cm wed [his Recycled Walu
Use Aft as of III dpic first written above_
USER:
Allied W rviasofNorth Amedca,
LL ,DBA F.cpvblic Swim of]dam, STATE OF I1DAHO �
66:
County o#La }
THBK BYCERT1FVthaciri1H& 1 dtyof �� Z02Z!
before the undkwAW,a�a- y Public Is k SIAlt of lddo,
personally appeared RQbcr: ji:o ei1 lame la
Robert Benaeu,ceneeal Mantvw`��'��r� be I�ptrson vrho=auttcJ th- ,l:J insoWmenl,and
RA arJ�aowbad 0¢ruedw ht t%ccix(l 1hcsame.
•. 1N WITNESS WHEUOF,I bVe bxxtun*let my hand and
R aftlxed my offi ial MI,the dV aadyear in thrsceriikate firm
Ile wrilien_
�1)B e
yx 7 Rablic for Id�lro
1' Residing at MID Tdaho
►+„r,.kkgJ"
Aly Canmisslon Exptre�
CITY OF MEIRIDZr N:
Attcst=
Iwben Sim4wn Chris J00501,City C A
STATE()F 13AHO
s�
Caunq of AdB }
1111':REIFY -. r1 FY lhat on This day of
'ors kff-m! 'he ur.rlc �.:��, persarally appeared ROBERT
:�.tri,l-A7 Ljr11 C-11145 11,AiN1 GN,known oriden#ifledto me jo be
[he Mayor rDti Cicr Clerk, o�f the C. y or Meridian,
whoexbcutcd Jae i.-o„merrton hehalfof the t'ity ofM,a-idim,and
w6cw lc{.Lcd ui iri•_rho'i he..City of N41T than cxa,kr$d the SMAC,
IN W I T.�TL .S W I I I.H! (11. t hmr-c hcrounto set my hand MW
acted My official ml the day aid ym In ibis r iificak First
above WTIden,
Nowy PvWc For Idaho
Residing at Id2ho
My Commission F-Kpires;
kt�CYCLEU WATER LlSU AGREEMENT PAM60IF4
Item#29.
Schedule of Exhibits:
Exhibit A Legal Description of the Property
Exhibit B Site Plan Depicting Point of Delivery of Recycled Water
Exhibit C Recycled Water Signage Text Example and Location
RECYCLED WATER USER AGREEMENT PAGE 7 OF 9
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Item#29.
EXHIBIT A
Legal Description of the Property
Parcel: S 121143 8951
Primary Owner:
ALLIED WASTE SERVICES OF NORTH AMERICA LLC
Zone Code: I-L
Total Acres: 13.160
Tax Code Area: 03
Instrument Number:
112030271
Property Description:
PAR#8951 OF W2SE4
SEC 11 3N 1 W
PARCEL B RIS 6060 EXC RIW
#438951-B
RECYCLED WATER USER AGREEMENT PACE 8 OF 9
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Item#29.
EXHIBIT B
Site Plan Depicting Point of Delivery of Recycled Water
of
iaou�n
Nil
_ gym
Ulm
LANDSCAPE PLAN
�:� 9
BklEriFL LAHOaCAPE ItOTEB meow, _
6H8 Salmw'Lao MR PL"T 9Oawmmx ..� ��••••••••,. z,.,.a... J w•`•-.rvete an.�..--.
II-KNPBQAPS NOTM kLANDSCAPE �'�. --�-�-.-w.....,�.,._.,.� - - � � �r...�-- -- --- L1.�DETAUA
RECYCLED WATER USLR AGR-EHMPNT PAGE 9 OF 9
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Item#29.
EXHIBIT C
Recycled Water signage to be installed on all logical points of entry (sidewalk entrances)
around facility where reclaimed water is used. Signage to be installed in bin/cart washing area
as needed.
Conserving
Idaho's
Water
CAUTION
IRRIGATED WITH
RECLAIMED WATER
DO NOT DRINK
(a
ASUA RECWMAOA—NO SEBER
E IDIAN-
RECYCLED WATER USER AGREEMENT PAGE. 10 OF 9
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