www.mymanatee.org
Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a .m. - June 16, 2015
REVISED June 16, 2015 - Regular Meeting
Agenda Item #72


Subject
Peace River Manasota Regional Water Supply Authority Master Water Supply Contract - Second Amendment

Briefings
Briefing Provided Upon Request

Contact and/or Presenter Information

Mark Simpson, Water Division Manager, x-5258



Action Requested

Approval of the Master Water Supply Contract Second Amendment.



Enabling/Regulating Authority

Comprehensive Plan establishes policies for continued coordination with the Peace River/Manasota Regional Water Supply Authority.



Background Discussion
  • February 1982 – BCC approved and executed the Interlocal Agreement creating the Peace River/Manasota Regional Water Supply Authority (PRMRWSA).
  • February 1984 - Revised Interlocal Agreement was approved and executed by the BCC.
  • May 1991 – The BCC approved and executed the amended Interlocal Agreement creating the PRMRWSA, the Acquisition Agreement, and the Peace River Water Supply Contract.
  • September 2005 -  The BCC approved the Master Water Supply Contract (MWSC) with the PRMRWSA.
  • April 2008 - The BCC approved the First Amendment to the Master Water Supply Contract with the PRMRWSA.
  • November 2014 - The PRMRWSA and Charlotte County entered into an interlocal agreement resolving the 1991 Facility Rebuild Project dispute, which provides in part that certain portions of the MWSC be modified, including:
    1. Changing the definition of "Renewal and Replacement Costs"
      • Language in the MWSC excluded 'the cost for rebuilding major facilities' from consideration as Renewal and Replacement, thus clouding the assignment of responsibility for those projects.  This amendment clarifies and resolves that issue.
    2. Modifying the water allocations in Exhibit B for Sarasota County and the City of North Port. 
      • The rebuild of the "1991 Facility" portion of the plant resulted in additional treatment capacity. Sarasota County and the City of North Port agreed to pay for the additional capacity and debt service costs. This amendment changes their allocation in Exhibit B to reflect this additional capacity in the "1991 Facility"
  • November 2014 - PRMRWSA customers wished to modify the MWSC to remove the request for all additional water from Exhibit C of the MWSC. Per the MWSC, customers must ask for additional water allocations on an annual basis and these are then listed in Exhibit C. Any quantities requested on Exhibit C within the next seven years are required to be developed by the PRMRWSA and are required to be funded by the customer (locked in). There are quantities listed in Exhibit C that were asked for in 2006-2008 during the 'boom', that the customers now won't need for many years. With the present abundance of supply, neither the customers nor the PRMRWSA wish to develop these Exhibit C quantities now or in the near future. This amendment zeros-out those quantities so that neither the PRMRWSA nor the customers are in violation of the MWSC.
  • The MWSC may only be amended in writing, duly executed by the PRMRWSA, Manatee, Sarasota, Charlotte, and DeSoto counties, and the City of North Port.
  • Professional staff,  the Administrators, and the legal representatives from all members and customers have  participated in the drafting and review of this 'Second Amendment'.


County Attorney Review
Other (Requires explanation in field below)

Explanation of Other

Sarah Schenk, Assistant County Attorney, participated in the drafting and review of this amendment. All needed changes and/or revisions have been captured in this latest version.



Reviewing Attorney
Schenk

Instructions to Board Records

Please return signed original agreement to Mark Simpson, Water Division Manager, Utilities Department, 4410 66th Street West, Bradenton.



Cost and Funds Source Account Number and Name
401.0009400.531000 (Water Treatment Cost Center) funded from water revenues

Amount and Frequency of Recurring Costs
$0


Attachment:  MWSC Second Amendment_05132015_char correction.pdf