Title: Master Water Supply Contract Among WCRWSA and Hillsborough, Pasco and Pinellas Counties and the Cities of New Port Richey, St, Petersburg and Tampa
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 Material Information
Title: Master Water Supply Contract Among WCRWSA and Hillsborough, Pasco and Pinellas Counties and the Cities of New Port Richey, St, Petersburg and Tampa
Physical Description: Book
Language: English
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Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Jake Varn Collection - Master Water Supply Contract Among WCRWSA and Hillsborough, Pasco and Pinellas Counties and the Cities of New Port Richey, St, Petersburg and Tampa
General Note: Box 16, Folder 7 ( WCRWSA - 1998 ), Item 8
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
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Bibliographic ID: WL00003979
Volume ID: VID00001
Source Institution: Levin College of Law, University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

Full Text





DRAFT 3/3/98
97061.F



MASTER WATER SUPPLY CONTRACT

among

WEST COAST REGIONAL WATER SUPPLY AUTHORITY,

and

HILLSBOROUGH COUNTY, FLORIDA

and

CITY OF NEW PORT RICHEY, FLORIDA

and

PASCO COUNTY, FLORIDA

and

PINELLAS COUNTY, FLORIDA

and

CITY OF ST. PETERSBURG, FLORIDA

and

CITY OF TAMPA, FLORIDA



Dated as of, 1998









TABLE OF CONTENTS


Page


SECTION 1.
SECTION 2.
SECTION 3.
SECTION 4.
SECTION 5.
SECTION 6.
SECTION 7.
SECTION 8.
SECTION 9.
SECTION 10.
SECTION 11.
SECTION 12.
SECTION 13.
SECTION 14.
SECTION 15.
SECTION 16.

SECTION 17.

SECTION 18.

SECTION 19.
SECTION 20.
SECTION 21.
SECTION 22.

SECTION 23.
SECTION 24.
SECTION 25.
SECTION 26.
SECTION 27.
SECTION 28.
SECTION 29.
SECTION 30.
SECTION 31.
SECTION 32.
SECTION 33.
SECTION 34.
SECTION 35.


RECITALS.......................................... 3
EXHIBITS. .......................................... 3
DEFINITIONS. ....................................... 5
TERM. ............................................ 13
CONDITIONS PRECEDENT. ........................... 14
SATISFACTION OF THE CONDITIONS PRECEDENT. ...... 14
REPRESENTATIONS OF THE PARTIES ................. 14
AUTHORITY AGREEMENT TO PROVIDE WATER SERVICE. 17
MEMBER GOVERNMENTS' WATER SERVICE ............ 18
POINTS OF CONNECTION AND METER LOCATIONS....... 19
METERING FACILITIES. .............................. 21
ANNUALREPORT. .................................. 23
RATE............................................... 24
PLEDGE OF CONTRACT REVENUES ................... 29
DEVELOPMENT OF NEW WATER SUPPLY SOURCES. .... 29
MEMBER GOVERNMENTS' RIGHTS TO DEVELOP AND
SUPPLY WATER. .................................. 30
ADDITIONAL REPRESENTATIONS, WARRANTIES AND
COVENANTS OF THE AUTHORITY ................... 30
ADDITIONAL REPRESENTATIONS, WARRANTIES AND
I COVENANTS OF THE MEMBER GOVERNMENTS. ....... 32
ARBITRATION AND LITIGATION. ...................... 34
AUTHORITY SOURCES OF WATER. .................. 38
DEFAULT AND REMEDY. ............................. 38
DISPOSITION OF ASSETS UPON TERMINATION OF
AUTHORITY. ...................................... 42
APPLICABLE LAWAND VENUE. ....................... 42
ASSIGNMENT ...................................... 42
NOTICES........................................... 42
THIRD-PARTY BENEFICIARIES. ....................... 44
WAIVER. ........................................ 44
CAPTIONS AND REFERENCES. ....................... 45
SEVERABILITY ..................................... 45
AMENDMENT. ...................................... 45
NO OTHER AGREEMENTS. ..... ..................... 46
EXISTING AGREEMENTS. ............................ 46
SUCCESSORS AND ASSIGNS. ....................... 46
EXECUTION OF DOCUMENTS. ........................ 47
INTERLOCAL AGREEMENT. .......................... 47








SECTION 36.
SECTION 37.
SECTION 38.


EXHIBIT A

EXHIBIT B

EXHIBIT C

EXHIBIT D

EXHIBIT E

EXHIBIT F

EXHIBIT G

EXHIBIT H

EXHIBIT I

EXHIBIT J

EXHIBIT K


OBLIGATIONS OF MEMBER GOVERNMENTS ............ 47
CONFLICT WITH INTERLOCAL AGREEMENT ............ 47
MISCELLANEOUS PROVISIONS ....................... 47


AUTHORITY SYSTEM

MASTER WATER PLAN

POINTS OF CONNECTION

SUPPLEMENTAL WATER QUALITY PARAMETERS

DESCRIPTION OF WATER SERVICE AREAS

RATES

TERMINATED AGREEMENTS

SURVIVING AGREEMENTS

MODIFIED AGREEMENTS

SUPERSEDED AGREEMENTS

FORM OF ANNUAL REPORT








1 MASTER WATER SUPPLY CONTRACT
2
3
4 THIS MASTER WATER SUPPLY CONTRACT (the "Contract"), entered into as of

5 this day of ,1998, by and among the WEST COAST REGIONAL WATER

6 SUPPLY AUTHORITY, an interlocal governmental agency created and existing pursuant

7 to Sections 373.1962 and 163.01, Florida Statutes (the "Authority), as reorganized by that

8 certain Amended and Restated Interlocal Agreement, dated as of April 1, 1998 (the

9 "Interlocal Agreement"); HILLSBOROUGH COUNTY, FLORIDA, a political subdivision of

10 the State of Florida ("Hillsborough"); the CITY OF NEW PORT RICHEY, FLORIDA, a

11 municipal corporation of the State of Florida ("New Port Richey"); PASCO COUNTY,

12 FLORIDA, a political subdivision of the State of Florida ("Pasco"); PINELLAS COUNTY,

13 FLORIDA, a political subdivision of the State of Florida ("Pinellas"); the CITY OF ST.

14 PETERSBURG, FLORIDA, a municipal corporation of the State of Florida ("St.

15 Petersburg") and the CITY OF TAMPA, FLORIDA, a municipal corporation of the State of

16 Florida ('Tampa") (Hillsborough, New Port Richey, Pasco, Pinellas, St. Petersburg and

17 Tampa may sometimes be collectively referred to herein as the "Member Governments"

18 and individually referred to as a "Member Government").

19 WHEREAS, the Authority was created by Hillsborough, Pasco, Pinellas,

20 St. Petersburg and Tampa on October 25, 1974, as amended, for the purpose of

21 developing, recovering, storing and supplying water for county and municipal purposes in

22 such manner as will give priority to reducing the adverse environmental effects of

23 excessive or improper withdrawals from concentrated areas; and








1 WHEREAS, as of April 1, 1998, the Member Governments reorganized the Authority

2 pursuant to the Interlocal Agreement in order to establish the Authority as a water utility

3 to supply water service to the Member Governments; and

4 WHEREAS, the Authority and the Member Governments currently own or lease,

5 control and manage various water production, treatment and transmission facilities for the

6 supply of water to customers of the Member Governments; and

7 WHEREAS, the Member Governments have heretofore determined that the

8 Authority shall own, license or lease and operate various water production, treatment and

9 transmission facilities (collectively, the "System"), including certain facilities currently

10 owned, licensed or leased by Member Governments, for the common use and benefit of

11 the Member Governments, in the manner specified in the Interlocal Agreement; and

12 WHEREAS, on the Effective Date (as defined herein) of this Contract the Member

13 Governments shall Have certain water needs; and

14 WHEREAS, the Authority agrees that it shall satisfy the aforementioned water

15 needs of the Member Governments in accordance with the terms hereof; and

16 WHEREAS, the Member Governments desire the Authority to expand the System

17 to meet the common needs of all of the Member Governments, in the manner specified

18 herein and in the Interlocal Agreement; and

19 WHEREAS, the Member Governments desire to share the costs of operating,

20 developing, acquiring, constructing, equipping and expanding the Authority's System in the

21 manner specified herein and in the Interlocal Agreement; and








1 WHEREAS, the Member Governments desire to purchase and the Authority desires

2 to sell water produced by the Authority from the System at a rate, as specified herein; and

3 WHEREAS, the Member Governments agree that this Contract shall supersede and

4 replace various existing agreements described herein between the Authority and each of

5 the Member Governments relating to supplying water upon issuance of the herein-

6 described Series 1998 Bonds by the Authority; and

7 WHEREAS, such Series 1998 Bonds shall be secured in the manner provided

8 herein and pursuant to the instrument by which they shall be issued; and

9 WHEREAS, the proceeds of the Series 1998 Bonds shall be used principally (1) to

10 restructure the Authority's outstanding debt so that the terms hereof shall pertain to all

11 water supplied by the Authority to the Member Governments, (2) to fund certain capital

12 improvements to the System, and (3) to acquire certain Transferred Assets (as defined

13 herein) from Member Governments;

14 NOW, THEREFORE, for and in consideration of the above premises, which shall

15 be deemed an integral part of this Contract, and of the mutual covenants and agreements

16 hereafter set forth, the Authority, Hillsborough, New Port Richey, Pasco, Pinellas, St.

17 Petersburg and Tampa, intending to be legally bound, hereby agree as follows:

18 SECTION 1. RECITALS. The foregoing recitals are true and correct and are

19 incorporated by reference herein and made a part hereof.

20 SECTION 2. EXHIBITS. Except as otherwise expressly provided herein, all

21 Exhibits identified herein are made a part hereof and are incorporated herein by this

22 reference to the same extent as if fully set forth herein. Exhibit A may be amended or








1 supplemented from time to time by the Authority in accordance with the terms hereof

2 without approval by any Member Government. Exhibit B shall not be amended to reflect

3 any change or modification to the Master Water Plan as the same may be made from time

4 to time. Exhibit B is attached hereto for informational purposes only. Amendments to

5 Exhibits C and D shall require the written consent of the Authority and any affected

6 Member Government. For purposes of Exhibit C, a Member Government shall be

7 considered affected if the amendment or supplement thereto directly affects the point or

8 location at which such Member Government receives Quality Water from the Authority.

9 For purposes of Exhibit D, a Member Government shall be considered affected if the

10 amendment or supplement thereto affects the quality of Water received by such Member

11 Government. Exhibit E may only be amended or supplemented by the Member

12 Government which is modifying its Water Service Area, provided Authority approval shall

13 be required under the circumstances described in the last sentence of Section 9 hereof.

14 Exhibits G, H, I and J shall not be amended without the written consent of all parties

15 hereto. Exhibit K is attached hereto for informational purposes only. No Exhibit hereto

16 may be amended or supplemented in contravention to the terms of this Contract. All

17 Exhibits shall be construed amended or supplemented upon delivery of a new Exhibit by

18 the Authority to each Member Government, with written consent where appropriate as

19 described above. No amendment or supplement to the Exhibits hereto shall require the

20 reexecution of this Contract.








1 SECTION 3. DEFINITIONS. Unless otherwise specifically set forth

2 elsewhere in this Contract, the following words and phrases used in this Contract shall

3 have the following meanings:

4 (A) "Annual Estimate" shall mean the estimate of the Authority Costs for a

5 Fiscal Year, including the estimated amount thereof to be payable by each Member

6 Government, and submitted to each Member Government on an annual basis, as required

7 by Section 13 hereof. The Annual Estimate shall be based upon the Authority's proposed

8 annual budget and estimated rate and shall consider the Annual Reports in determining

9 the estimated amounts to be payable by the Member Governments.

10 (B) "Annual Report" or "Annual Reports" shall mean the report setting forth

11 the next five (5) Fiscal Years of anticipated Water Service within the Water Service Areas

12 for each of the Member Governments to be prepared by each such Member Government

13 and submitted to the Authority as required by Section 12 hereof. The Annual Report may

14 be amended by the Member Governments from time to time. The form of the Annual

15 Report shall be substantially in the form provided in Exhibit K hereto.

16 (C) "Authority" shall mean the West Coast Regional Water Supply Authority,

17 an interlocal governmental agency created on October 25, 1974, and existing pursuant to

18 Sections 373.1962 and 163.01, Florida Statutes, and pursuant to an interlocal agreement,

19 among Hillsborough, Pasco, Pinellas, St. Petersburg and Tampa dated October 25, 1974,

20 as amended, supplemented and reorganized pursuant to the Interlocal Agreement.








1 (D) "Authority Costs" shall mean Bond Coverage Costs, Capital Improvement

2 Charges, Debt Service Charges, Operation, Maintenance and Administrative Costs,

3 Operating Reserve Funds and Renewal and Replacement Charges.

4 (E) "Authority's System" or "System" shall mean the Authority's water

5 production, transmission and treatment facilities, as they currently exist and as they may

6 be modified or expanded in the future from time to time, which are owned, leased,

7 licensed, operated and/or used by the Authority to provide Water. On the Effective Date

8 hereof, the System shall consist of the facilities described in Exhibit A attached hereto.

9 Such Exhibit A shall be amended or supplemented from time to time by the Authority to

10 reflect any changes or modifications to such System.

11 (F) "Bond Coverage Costs" shall mean the costs of providing the coverage

12 requirements established by the Financing Documents.

13 (G) "Capital Improvement Charge" shall mean the costs identified by the

14 Authority for planning, designing, acquiring and constructing capital improvements to the

15 System; provided such costs are not payable from proceeds of the Obligations (other than

16 costs which are to be reimbursed from such proceeds) or from moneys received in relation

17 to the Renewal and Replacement Charges.

18 (H) "Debt Service Charges" shall mean the principal, redemption premium, if

19 any, and interest coming due on the Obligations and any recurring costs and expenses

20 relating to the Obligations, including, but not limited to, paying agent, registrar and escrow

21 agent fees, credit enhancement fees and other charges, but only to the extent such costs








1 and expenses are not otherwise reflected in Operation, Maintenance and Administrative

2 Costs.

3 (I) "DEP" shall mean the Florida Department of Environmental Protection, a

4 department and agency of the State of Florida, and any successor thereto.

5 (J) "Effective Date" shall mean the date on which all conditions precedent

6 described in Section 5 hereof have been satisfied.

7 (K) "Environmental Permits" shall mean all permits, licenses or other third-

8 party approvals required to meet the Quality Water needs of the Member Governments.

9 (L) "Financing Documents" shall mean any resolution or resolutions of the

10 Authority, as well as any indenture of trust, trust agreement or similar document relating

11 to the issuance or security of the Obligations.

12 (M) "Fiscal Year" shall mean a twelve (12) month period which commences on

13 October 1 of each year and ends on the next succeeding September 30, or such other

14 period as may be prescribed by law as the fiscal year for the Authority.

15 (N) "Fixed Costs" shall mean all costs and expenses incurred by the Authority

16 for the operation, maintenance, management, security, development and financing of the

17 System other than Variable Costs.

18 (0) "Full Implementation Date" shall have the meaning provided therefore in the

19 Interlocal Agreement.

20 (P) "Hillsborough" shall mean Hillsborough County, Florida, a political

21 subdivision of the State of Florida, acting by and through its Board of County

22 Commissioners.








1 (Q) "Hillsborough's Water Service Area" shall mean the geographic

2 boundaries within which Hillsborough is permitted and authorized to provide Water

3 Service.

4 (R) "Inspection Report" shall mean a report of the conditions and accuracy of

5 the Metering Facilities which shall be prepared for the Authority by a representative of the

6 manufacturer of the Metering Facilities or by a third-party selected by the Authority and

7 which shall be submitted to the Member Governments as required by Section 11 hereof.

8 (S) "Interlocal Agreement" shall mean that certain Amended and Restated

9 Interlocal Agreement, by and among the Member Governments, dated as of April 1, 1998,

10 as the same may be amended or supplemented from time to time. Such Amended and

11 Restated Interlocal Agreement shall be the successor instrument to the Interlocal

12 Agreement, dated October 25, 1974, as amended, among Hillsborough, Pasco, Pinellas,

13 St. Petersburg and Tampa.

14 (T) "Long Term Forecast" shall mean the forecast setting forth the next twenty

15 (20) Fiscal Years of anticipated Water Service for each of the Member Governments for

16 the development and use of their respective Water Service Areas, which Long Term

17 Forecast shall be submitted to the Authority as of the Effective Date hereof. The Long

18 Term Forecast may be amended by the Member Governments from time to time as part

19 of the Annual Report.

20 (U) "Master Water Plan" shall mean the Authority's plan for expansion,

21 conservation, diversification and preservation of Water supply for the Water Service

22 Areas, as set forth in Exhibit B attached hereto, as the same may be amended or








1 superseded from time to time. Master Water Plan shall include any successor plan thereto

2 approved by the Authority.

3 (V) "Member Governments" shall mean, collectively, Hillsborough, New Port

4 Richey, Pasco, Pinellas, St. Petersburg and Tampa.

5 (W) "Metering Facilities" shall mean, collectively, those certain water meters

6 and appurtenant recording and transmitting devices to be installed and owned by the

7 Authority, as required by Section 11 hereof, which are used to measure and bill the volume

8 of Quality Water being delivered to each of the Member Governments.

9 (X) "New Port Richey" shall mean the City of New Port Richey, Florida, a

10 municipal corporation of the State of Florida, acting by and through its Mayor and City

11 Council.

12 (Y) "New Port Richey's Water Service Area" shall mean the geographic

13 boundaries within which New Port Richey is permitted and authorized to provide Water

14 Service.

15 (Z) "Obligations" shall mean the Series 1998 Bonds and any other series of

16 bonds or other evidence of indebtedness, including, but not limited to, notes, commercial

17 paper, capital leases or any other obligations of the Authority heretofore or hereafter

18 issued or incurred.

19 (AA) "Operating Reserve Funds" shall mean those funds which are deemed by

20 the Authority as necessary to meet any cash flow and revenue collection shortfalls due to

21 inaccuracies in the Annual Reports or Annual Estimates or due to the requirements of the

22 Financing Documents. The amount of Operating Reserve Funds shall be established by








1 Authority policy; provided such amount shall not exceed an amount equal to two times the

2 monthly average Variable Costs as provided in the Authority's preliminary budget.

3 (BB) "Operation, Maintenance and Administrative Costs" shall mean any and

4 all costs incurred by the Authority in operating, maintaining and administering the System,

5 including, but not limited to, the general administrative and legal costs of the Authority

6 related to operation, maintenance, management, security and development of the System;

7 costs associated with tools, equipment, vehicles, supplies, materials, services and support

8 for the operation, maintenance, management, security and development of the System;

9 any costs of litigation or a legal judgment against the Authority; costs relating to Water

10 conservation and public education activities; costs of purchasing any Water; development

11 expenses relating to expansion of the System; all costs incurred in planning or applying

12 for, obtaining, maintaining and defending Environmental Permits which shall not be paid

13 from the Capital Improvement Charge; accounting, legal and engineering expenses;

14 ordinary and current rentals of equipment or other property; refunds of moneys lawfully

15 due to others; pension, retirement, health and hospitalization funds; payments in lieu of

16 taxes and facility impact fees; moneys to be deposited to a rate stabilization fund; and fees

17 for management of the System or any portion thereof.

18 (CC) "Pasco" shall mean Pasco County, Florida, a political subdivision of the

19 State of Florida, acting by and through its Board of County Commissioners.

20 (DD) "Pasco Water Service Area" shall mean the geographic boundaries within

21 which Pasco is permitted and authorized to provide Water Service.








1 (EE) "Pinellas" shall mean Pinellas County, Florida, a political subdivision of the

2 State of Florida, acting by and through its Board of County Commissioners.

3 (FF) "Pinellas Water Service Area" shall mean the geographic boundaries within

4 which Pinellas is permitted and authorized to provide Water Service.

5 (GG) "Points of Connection" shall mean those points where the Member

6 Governments' water utility systems connect to the Authority's System for the purpose of

7 delivering Quality Water from the Authority's System to the Member Governments, which

8 Points of Connection are more particularly described on Exhibit C to this Contract.

9 (HH) "Quality Water" shall mean Water which meets State and federal drinking

10 water regulations and standards as defined in Rule 62-550, Florida Administrative Code,

11 as it may be amended or superseded from time to time, including regulations pertaining

12 to surface water or groundwater under the direct influence of surface waters, but excluding

13 regulations pertaining to disinfection and corrosivity. In addition, Quality Water shall meet

14 the standards provided in Exhibit D attached hereto. The term "Quality Water" also

15 includes Water delivered to the Points of Connection identified in Section 3.03(D) of the

16 Interlocal Agreement or to Points of Connection at which a Member Government agrees,

17 at its sole option, to accept Water not meeting the standards for Quality Water pursuant

18 to Section 3.03(E) of the Interlocal Agreement.

19 (II) "Production Failure" shall have the meaning provided therefore in the

20 Interlocal Agreement.








1 (JJ) "Renewal and Replacement Charges" shall mean those certain charges

2 to be deposited to any renewal and replacement fund or account established pursuant to

3 the Financing Documents.

4 (KK) "Series 1998 Bonds" shall mean the Authority's Utility Revenue Bonds,

5 Series 1998. The Series 1998 Bonds may be issued in more than one series.

6 (LL) "St. Petersburg" shall mean the City of St. Petersburg, Florida, a municipal

7 corporation of the State of Florida, acting by and through its Mayor and City Council.

8 (MM) "St. Petersburg Water Service Area" shall mean the geographic

9 boundaries within which St. Petersburg is permitted and authorized to provide Water

10 Service.

11 (NN) "State" shall mean the State of Florida.

12 (00) "SWFWMD" shall mean the Southwest Florida Water Management District,

13 an agency of the State of Florida, created pursuant to Chapter 373, Florida Statutes.

14 (PP) "Tampa" shall mean the City of Tampa, Florida, a municipal corporation of

15 the State of Florida, acting by and through its Mayor and City Council.

16 (QQ) "Tampa Water Service Area" shall mean the geographic boundaries within

17 which Tampa is permitted and authorized to provide Water Service.

18 (RR) "Transferred Assets" shall mean the Water Supply Facilities conveyed to

19 the Authority pursuant to Article V of the Interlocal Agreement.

20 (SS) "Variable Costs" shall mean all costs and expenses of the Authority for the

21 operation, maintenance and management of the System that change in direct proportion








1 to changes in the volume of Water produced by the Authority, including, but not limited to,

2 power, chemical and Water purchases.

3 (TT) "Water" shall mean Quality Water and any other water to be used by a

4 Member Government in its public water supply system.

5 (UU) "Water Service" shall mean the provision of Water as required in the

6 Interlocal Agreement to any and all of the Member Governments at the locations described

7 in Exhibit C attached hereto and provision of Water by the Member Governments to their

8 customers.

9 (W) "Water Service Areas" shall mean, collectively, the Hillsborough Water

10 Service Area, the New Port Richey Water Service Area, the Pasco Water Service Area,

11 the Pinellas Water Service Area, the St. Petersburg Water Service Area and the Tampa

12 Water Service Area. The Water Service Areas are described in Exhibit E attached hereto,

13 as the same may be' amended or supplemented from time to time pursuant to the terms

14 hereof.

15 (WW) "Water Supply Facilities" shall mean production, treatment and

16 transmission facilities required to deliver Water as required in the Interlocal Agreement to

17 the Points of Connection.

18 SECTION 4. TERM. The term of this Contract shall begin on the Effective

19 Date and shall end on the later of (A) the date the Interlocal Agreement is terminated in

20 accordance with the provisions thereof, or (B) the date on which no Obligations shall

21 remain outstanding pursuant to the Financing Documents.








1 SECTION 5. CONDITIONS PRECEDENT. This Contract shall become

2 effective upon satisfaction of the following conditions precedent:

3 (A) Execution of Contract. This Contract shall be duly authorized, executed and

4 delivered by the Authority, Hillsborough, New Port Richey, Pasco, Pinellas, St. Petersburg

5 and Tampa.

6 (B) Series 1998 Bonds. The Authority shall have issued the Series 1998 Bonds.

7 (C) The Transferred Assets. The Transferred Assets shall have been conveyed

8 to the Authority as provided in the Interlocal Agreement.

9 (D) Interlocal Agreement. All conditions described in Sections 6.03(A) and (D)

10 of the Interlocal Agreement shall have been satisfied or waived in writing by the Member

11 Governments.

12 (E) Certification of Representations. Each of the parties hereto shall certify that

13 the representations 'described in Section 7 hereof are true and accurate in all material

14 respects as of the Effective Date.

15 SECTION 6. SATISFACTION OF THE CONDITIONS PRECEDENT. The

16 Authority and each Member Government shall provide a written statement acknowledging

17 the satisfaction of conditions of Section 5 hereof. Receipt of such statements shall be

18 conclusive evidence of the satisfaction of such conditions. All conditions precedent must

19 be satisfied by the Full Implementation Date, otherwise all provisions hereof shall be void

20 ab initio.

21 SECTION 7. REPRESENTATIONS OF THE PARTIES. As of the Effective

22 Date, the Authority, Hillsborough, New Port Richey, Pasco, Pinellas, St. Petersburg and








1 Tampa each make the following representations as it relates to itself (no representation

2 is made by any party for any other party):

3 (A) Status of the Parties. The Authority, Hillsborough, New Port Richey, Pasco,

4 Pinellas, St. Petersburg and Tampa are each duly organized, validly existing and in good

5 standing under the laws of the State and are each duly qualified and authorized to satisfy

6 their responsibilities pursuant to this Contract.

7 (B) Authority to Enter the Contract. The Authority, Hillsborough, New Port

8 Richey, Pasco, Pinellas, St. Petersburg and Tampa each have the power, authority and

9 legal right to enter into and perform the obligations set forth in this Contract, and the

10 execution, delivery and performance hereof by the Authority, Hillsborough, New Port

11 Richey, Pasco, Pinellas, St. Petersburg and Tampa: (i) has been duly authorized by the

12 Board of Directors in the case of the Authority, by the Board of County Commissioners in

13 the case of Hillsborough, Pasco and Pinellas and, as applicable, by the Mayor and City

14 Council in the case of New Port Richey, St. Petersburg and Tampa; (ii) does not require

15 any other approvals by any other governmental officer or body; (iii) does not require any

16 consent or referendum of the voters; and (iv) does not constitute a default under, or result

17 in the creation of any lien, charge, encumbrance or security interest upon, the assets of

18 the Authority or any of the Member Governments under any agreement or instrument to

19 which the Authority or any of the Member Governments is a party or by which the Authority

20 or any of the Member Governments and their assets may be bound or affected, except as

21 otherwise provided herein.








1 (C) Validity of the Contract. This Contract has been duly entered into and

2 delivered by the Board of the Directors in the case of the Authority, the Board of County

3 Commissioners in the case of Pasco, Hillsborough and Pinellas, by the City Council and

4 Mayor in the case of New Port Richey, St. Petersburg and Tampa and, as of the date of

5 its full execution by all parties, constitutes a legal, valid and binding obligation of the

6 Authority and the Member Governments, fully enforceable in accordance with its terms,

7 except to the extent that the enforceability of this Contract may be limited by any

8 applicable bankruptcy, moratorium, reorganization or other similar laws affecting creditor's

9 rights generally, or by the exercise of judicial discretion in accordance with general

10 principles of equity.

11 (D) Pending Litigation. Other than matters previously disclosed in writing to the

12 parties hereto, there is no action, suit or proceeding, at law or in equity, before or by any

13 court or governmental authority, pending, or to the best of the Authority's or any of the

14 Member Government's knowledge, threatened against the Authority or any of the Member

15 Governments, wherein any unfavorable decision, ruling or finding would materially and

16 adversely affect the performance by the Authority or any of the Member Governments of

17 their obligations hereunder or the other transactions contemplated hereby, or which, in any

18 way, would adversely affect the validity or enforceability of this Contract, or any other

19 agreement or instrument entered into by the Authority in connection with the transactions

20 contemplated hereby.

21 (E) Good Faith. The parties hereto agree to exercise good faith in respect to all

22 matters relating to this Contract.








1 SECTION 8. AUTHORITY'S AGREEMENT TO PROVIDE WATER

2 SERVICE. (A) Provision of Water Service. The Authority shall sell and deliver sufficient

3 Quality Water to the Member Governments to meet their need for Quality Water and the

4 Member Governments shall purchase and receive the Quality Water delivered by the

5 Authority to meet their needs in accordance with the terms of this Contract; subject,

6 however, to the representations, conditions, limitations and restrictions set forth in this

7 Contract and the Interlocal Agreement. Except as provided in the Interlocal Agreement,

8 Water Service obtained by the Member Governments from the Authority may be utilized

9 to serve only the Member Governments or their customers within their respective Water

10 Service Areas. Nothing herein shall be construed to prohibit the Member Governments

11 from temporarily exchanging or purchasing Water, either among themselves or with other

12 public or private utilities, for emergency or maintenance purposes in the ordinary course

13 of business. Notwithstanding any provision herein or in the Interlocal Agreement to the

14 contrary, Member Governments may sell, exchange or transfer Water to or with the

15 Authority.

16 (B) Insufficient Water. In the event that there is, at any time, an insufficient

17 supply of Quality Water available to fulfill the needs of the Member Governments due to

18 force majeure described in Section 21(E) hereof, the Authority shall not be in default

19 hereunder, if, in such circumstances, it shall furnish and deliver to the Member

20 Governments, their pro rata share (or a share that as closely approximates their pro rata

21 share as is reasonably practicable in the circumstances) of available supply, unless

22 otherwise required by law, court order, or appropriate regulatory authorities. Each Member








1 Government's pro rata share shall be based on the average of the actual amount of Quality

2 Water supplied each month by the Authority to such Member Government over the

3 previous twelve (12) month period. The Authority shall use its best efforts to prevent an

4 insufficiency of Quality Water and to remedy any such insufficiency and shall take all

5 necessary actions to supply the Quality Water needs of the Member Governments in

6 accordance with the terms of the Interlocal Agreement.

7 (C) Water Use Restrictions. In the event of an insufficiency in the supply of

8 Quality Water described in the preceding paragraph, the Authority may request the

9 Member Governments to implement water use restrictions which shall be applied on a

10 uniform basis among all Member Governments. In the event a Member Government does

11 not implement such a request within thirty (30) days of the request and the insufficiency

12 in available Quality Water is still present, the Member Governments agree to implement

13 water use restrictions upon request of the Authority. The purposes of such restrictions

14 shall be to reduce demand for Quality Water among Member Governments and to ensure

15 that a particular Member Government or Governments does not unduly suffer as a result

16 of such insufficiency.

17 (D) Member Government's Rights During Production Failure. Nothing in this

18 Section 8 shall affect a Member Government's rights under Section 3.17 of the Interlocal

19 Agreement in the event of a Production Failure.

20 SECTION 9. MEMBER GOVERNMENTS' WATER SERVICE. Except as

21 otherwise provided in the Interlocal Agreement, all Water required to service the

22 customers within the respective Water Service Areas shall be supplied by the Authority.








1 Nothing herein shall be construed to prohibit the Member Governments from temporarily

2 exchanging or purchasing Water, either among themselves or with other public or private

3 utilities, for emergency or maintenance purposes in the ordinary course of business. A

4 Member Government shall notify the Authority in writing of any change in its Water Service

5 Area. Authority approval of a change in a Member Government's Water Service Area is

6 not required except if such change involves providing Water outside its boundaries in the

7 case of a Member Government which is a county or the boundaries of the county where

8 the Member Government is located in the case of a Member Government which is a

9 municipality. The parties hereto agree that Pasco may provide Water Service in

10 Hillsborough to customers in the Wyndham Lakes Subdivision.

11 SECTION 10. POINTS OF CONNECTION AND METER LOCATIONS. (A)

12 Points of Connection. The Points of Connection and the location of the Metering Facilities

13 (which shall include rhaster meters) that will be used to connect the Member Governments'

14 water utility systems and the Authority's System, for Quality Water, shall be as provided

15 in Exhibit C hereto. Each Member Government may have more than one Point of

16 Connection with the Authority's System. Any change in the Points of Connection for a

17 Member Government shall be incorporated by reference in Exhibit C hereto. The parties

18 may, by mutual written agreement, more specifically identify or modify said Points of

19 Connection or the location of the Metering Facilities, and any such additional legal

20 description or modifications shall be considered to be a part of this Contract, as if initially

21 set forth herein. After thirty (30) days written notice to the Authority, and with the

22 Authority's prior written approval, not to be unreasonably withheld, delayed or conditioned,








1 the Member Governments may, at any time, at their sole cost and expense, relocate or

2 modify the location of the Points of Connection, as long as said relocation does not

3 unreasonably interrupt, impair or interfere with the ability of the Authority to provide Water

4 Service to the respective Water Service Area or service to other customers of the

5 Authority. At the request and expense of a Member Government, the Authority may

6 relocate or modify the location of a Point of Connection. In the event the Authority on its

7 own initiative desires to modify a Point of Connection for a Member Government, it must

8 receive the approval of such Member Government, which approval shall not be

9 unreasonably withheld, and it must pay the expenses of such modification.

10 (B) Conveyance of Easements. It shall be the duty of the Authority to install,

11 operate and maintain any required Metering Facilities at the Points of Connection, as set

12 forth in Section 11 hereof. The Member Governments shall convey to the Authority, as

13 and when the Authority requests, at no cost and expense to the Authority, an appropriate

14 non-exclusive easement over, under or above such portions of the Water Service Areas

15 as may be reasonably requested by the Authority for the installation, operation and

16 maintenance of such Metering Facilities at the Points of Connection. Such grants of non-

17 exclusive easements shall be adequate to meet the Authority's needs but need not be

18 more than the minimum required, according to generally accepted engineering standards,

19 in order to perform the functions requiring said non-exclusive easements. No other

20 easement granted by the respective Member Government over, under or above such

21 portions of the Water Service Areas shall unreasonably interfere with the ability of the

22 Authority to duly and properly install, operate or maintain the Points of Connection and








1 Metering Facilities. The Authority shall acquire any property it requires for easements at

2 the metering location and Points of Connection if not already owned by a Member

3 Government.

4 (C) Pumping Stations. If a booster pump station is required to meet pressure

5 described in Exhibit C hereto at a Point of Connection, the booster pump station shall be

6 constructed, owned and operated by the Authority or, in the alternative at the option of the

7 Authority, a Member Government may construct, own and operate such booster pumping

8 station, provided a credit shall be issued to such Member Government reflecting the

9 Authority's avoided cost or the Member's actual cost, whichever is less. The Member

10 Governments agree to provide sites for future pump stations to the Authority so that the

11 Authority can carry out its obligations to provide adequate pressure to all Member

12 Governments.

13 SECTION 11. METERING FACILITIES. (A) Installation of Metering Facilities.

14 The Authority shall acquire and install such Metering Facilities as are adequate in view

15 of the Member Governments' right to receive Water Service and as will accurately

16 measure the volume of Quality Water delivered to Member Governments by the Authority.

17 The Authority shall retain ownership of the Metering Facilities, together with any

18 appurtenances thereto. The type of Metering Facilities selected shall be at the discretion

19 of the Authority, subject to compliance with industry standards for similar Metering

20 Facilities.

21 (B) Inspection of Metering Facilities. Visual inspection and routine maintenance

22 of the Metering Facilities and appurtenances thereto shall be performed annually by the








1 Authority, and the Authority shall prepare or shall have prepared an Inspection Report

2 regarding the condition, accuracy and state of the Metering Facilities. The Inspection

3 Report shall be prepared at the Authority's expense by a representative of the

4 manufacturer of the Metering Facilities or a third-party reasonably acceptable to the

5 Authority and the Member Governments, and a copy of each such Inspection Report shall

6 be furnished to the Member Governments. The Authority shall perform or have performed

7 annually at its expense a certified calibration test of the Metering Facilities and submit the

8 results thereof to the Member Governments.

9 Upon request and at the expense of a Member Government, the Authority shall

10 make arrangements for a meter test to be conducted by an independent testing facility.

11 The Authority shall be responsible for negotiating and paying to the independent meter

12 testing facility any fees charged for such a test. Such independent meter testing facilities

13 shall conform to the manufacturer's standards. Where appropriate, the meter may be field

14 tested. The Member Governments shall have the right to observe any field test, and the

15 Authority shall provide the Member Governments with a written report of the results of

16 each such test.

17 (C) Inaccurate Meters. The Authority shall employ water meters that register

18 within the accuracy limits provided by the manufacturer. Should the accuracy of any of the

19 Metering Facilities be determined to be inaccurate beyond limits prescribed in applicable

20 Environmental Permits, such Metering Facilities will be assumed to have been inaccurate

21 since the last annual Inspection Report, calibration or the last field test or for a period of

22 six (6) months, whichever is less, and the following month's billing will be adjusted taking








1 into account the nature of the inaccuracy to show a credit or additional charge to the

2 respective Member Governments for metered flow for that period. Inaccuracies which are

3 not beyond the limits prescribed in applicable Environmental Permits shall not be credited

4 or charged to the affected Member Governments.

5 SECTION 12. ANNUAL REPORT. (A) Annual Reports and Long Term

6 Forecasts. Commencing on the Effective Date hereof and by February 1 of each year

7 thereafter, each Member Government shall supply the Authority with an updated Annual

8 Report setting forth the next five (5) Fiscal Years of projected Water Service demand

9 within their respective Water Service Areas. Such projected Water Service demand shall

10 state its projected average day and maximum day Water Service requirements. The

11 Annual Report shall include a Long Term Forecast. The Long Term Forecast shall set

12 forth the next twenty (20) Fiscal Years of projected Water Service demand within the

13 respective Water Service Areas. At the Authority's request, such Member Government

14 shall furnish to the Authority its back-up and supporting information, data and projections

15 that form the basis of any Annual Report or Long Term Forecast. The Annual Reports

16 shall be utilized by the Authority in formulating its capital improvement program; provided

17 the Authority agrees not to rely exclusively on such Annual Reports in its determination of

18 the Quality Water needs of the Member Governments.

19 (B) Provision of Water Service by Authority. Subject to the provisions of this

20 Contract and to force majeure described in Section 21(E) hereof, the Authority agrees to

21 provide to each Member Government Water Service as identified in their respective

22 Annual Reports and Long Term Forecasts, as they may be reasonably amended from time








1 to time, with the aim that the orderly and planned development of the Water Service Areas,

2 in the time frames set forth in the Long Term Forecasts, may continue without material

3 delay, hindrance or interruption as a result of any extended lack of adequate Water supply

4 for which the Authority is responsible hereunder. The Authority acknowledges that under

5 the circumstances described in Section 3.17 of the Interlocal Agreement, each Member

6 Government may take various actions in the event the amount of Quality Water they

7 receive is inadequate.

8 SECTION 13. RATE. (A) Authority's Annual Estimate. No later than April 15

9 of each year during the term of this Contract, the Authority shall submit to the Member

10 Governments the Annual Estimate which shall set forth the anticipated cost to the Authority

11 of providing Water Service to the Member Governments for the forthcoming Fiscal Year.

12 The Annual Estimate shall be based upon the Authority's proposed budget for such Fiscal

13 Year. The Annual Estimate shall describe the Fixed Costs and Variable Costs of the

14 Authority. The Annual Estimate may be revised from time to time to reflect changes to the

15 Authority's budget. The Authority's budget shall be approved as provided in the Interlocal

16 Agreement.

17 (B) Rate. The rate in effect each Fiscal Year shall be sufficient to pay the Annual

18 Estimate established by the Authority. During the term of this Contract, the Member

19 Governments irrevocably agree to pay to the Authority, as compensation for the Water

20 Service received by such Member Governments, a monthly charge for such Water Service

21 based on the rate approved by the Authority and total volume of Quality Water delivered

22 to such Member Governments by the Authority. In addition, the Authority's rate structure








1 may provide for debits and credits for different levels of treatment of Quality Water

2 required of the Authority or a Member Government as described in Section 3.04 of the

3 Interlocal Agreement. The Authority shall also provide for credits to Member Governments

4 relating to their Transferred Assets as described in Exhibit F attached hereto. The

5 Authority and the Member Governments agree that the rate for Water delivered to Tampa

6 from the Tampa Bypass Canal shall be established pursuant to the provisions of Section

7 3.08(D) of the Interlocal Agreement. The Member Governments shall be billed on a

8 monthly basis in accordance with bills rendered by the Authority to each Member

9 Government. The monthly bills delivered by the Authority to the Member Governments

10 shall consist of two components. The first component shall be a charge for the Fixed

11 Costs of the Authority. Each Member Government shall pay monthly an amount equal to
A
12 one-twelfth of the Fixed Costs provided in the Annual Estimate times -, whereby A equals

13 the amount of Quality Water delivered to such Member Government during the previous

14 Fiscal Year and B equals the total amount of Quality Water delivered to all of the Member

15 Governments during such Fiscal Year. The amount of Fixed Costs payable by the Member

16 Governments shall be subject to a true-up pursuant to Section 13(E) hereof. The second

17 component of each monthly bill shall be the charge for the Variable Costs. Each Member

18 Government shall pay an amount equal to the amount of Quality Water consumed by the

19 Member Government during the prior month times the rate then in effect times D, whereby

20 C equals the Variable Costs and D equals the Annual Estimate then in effect. All bills shall

21 become due within thirty (30) days of receipt thereof by a Member Government.

22 (C) Rate Setting. The initial rate for Water Service to be charged by the

23 Authority to the Member Governments is contained in Exhibit F to this Contract. Between

25








1 April 15 and August 1 of each Fiscal Year, the Authority may prepare and approve an

2 adjustment to the Water Service rate then in effect, if appropriate, based on the Authority's

3 Annual Estimate of providing Water Service to the Member Governments during such

4 period during which the adjustment will be in effect. Any rate adjustment put into effect as

5 part of the Authority's budget process described above shall become effective no earlier

6 than the next succeeding October 1. The Authority may also prepare and approve an

7 adjustment to the rate at such other time or times as shall be required by the Financing

8 Documents.

9 The rate to be charged in a Fiscal Year to the Member Governments for Water

10 Service may include the following components:

11 (i) Operation, Maintenance and Administrative Costs. Operation,

12 Maintenance and Administrative Costs shall be based on the cost of service

13 provided by the Authority in such Fiscal Year.

14 (ii) Debt Service Charges. Debt Service Charges relating to any

15 Authority's Obligations shall be based upon the payment of, redemption premium,

16 if any, and interest coming due on the Obligations in such Fiscal Year.

17 (iii) Renewal and Replacement Charges. Renewal and Replacement

18 Charges shall be based on an engineering estimate by the Authority's consulting

19 engineer of amounts to be deposited into the renewal and replacement fund or

20 account at a level sufficient to satisfy in such Fiscal Year all requirements of

21 covenants given or undertaken by the Authority in the Financing Documents.








1 (iv) Bond Coverage Costs. Bond Coverage Costs shall be based upon

2 coverage requirements established by the Financing Documents.

3 (v) Capital Improvement Charges. Capital Improvement Charges shall

4 be based upon the amount identified therefore in the Authority's Annual Estimate for

5 such Fiscal Year.

6 (vi) Operating Reserve Funds. Operating Reserve Funds shall be based

7 upon the amount identified therefore in the Authority's Annual Estimate for such

8 Fiscal Year.

9 The Member Governments agree that the Authority may establish a rate

10 stabilization fund. Operation, Maintenance and Administrative Costs and/or Operating

11 Reserve Funds may be utilized by the Authority to fund such rate stabilization fund.

12 (D) Procedure for Rate Adjustments. Prior to the adoption of any proposed new

13 or adjusted rate, the Authority shall provide to the Member Governments its proposed rate,

14 with supporting data and calculations. Any disagreements in the proposed rate shall be

15 submitted for determination in the manner and mode set forth in Section 19 hereof.

16 Notwithstanding any disagreement by any such Member Government of the proposed rate,

17 the Authority may, nonetheless, implement said proposed rate at any time not less than

18 sixty (60) days after receipt thereof by the Member Governments. Upon completion of the

19 determination regarding the propriety of the proposed rate, pursuant to the procedures set

20 forth in Section 19 hereof, the rate so determined to be proper shall become the adopted

21 and approved adjusted rate. If the proposed rate is determined to have been in excess of

22 the rate permitted under this Contract, in whole or in part, then the Authority shall, within


~








1 thirty (30) days of said determination, refund to such Member Government the difference

2 between the proposed rate collected by the Authority and the rate found to be proper

3 pursuant to the determination made under Section 19 hereof.

4 A copy of the Authority's rate, as it may be adjusted or proposed from time to time,

5 is intended to be incorporated herein by this reference, and shall be considered to be

6 attached hereto as Exhibit F.

7 (E) Annual True-Up. Following the end of each Fiscal Year, an annual adjustment

8 in the Fixed Costs component of bills paid during that Fiscal Year shall be computed on

9 the basis of (i) the Fixed Costs which are provided in the Annual Estimate in effect during

10 the Fiscal Year then ended and (ii) the actual amount of Quality Water delivered to each

11 of the Member Governments during the Fiscal Year then ended. The Authority shall

12 determine the amount of Fixed Costs payable by each Member based upon actual delivery

13 of Quality Water during the previous Fiscal Year. Such determination shall be made within

14 forty-five (45) days of the end of the Fiscal Year. In the event the determination reflects

15 that an underpayment has been made by a Member Government as a result of

16 consumption of an increased amount of Water by such Member Government, then the full

17 amount due and owing for said underpayment shall be paid by the Member Government

18 to the Authority within sixty (60) days of the Member Government's receipt of the

19 determination. In the event the determination reflects than an overpayment has been

20 made by a Member Government as a result of consumption of a lesser amount of Quality

21 Water by such Member Government, then the amount of said overpayment shall be paid

22 to the Member Government within sixty (60) days following distribution of the








1 determination. Neither underpayments nor overpayments shall bear interest. Each such

2 adjustment in payments shall be verified by the Authority's annual audit. The annual audit

3 shall be distributed to the Member Governments on or before March 1 of the year following

4 the end of each Fiscal Year. The Authority shall adjust any overpayments or

5 underpayments to reflect the Quality Water consumption amounts provided in the annual

6 audit.

7 (F) Carry-Forward. Any unencumbered moneys of the Authority present at the

8 end of a Fiscal Year shall be budgeted by the Authority for the succeeding Fiscal Year and

9 shall be utilized for the same purposes for which rates are charged by the Authority to the

10 Member Governments pursuant to this Section 13.

11 SECTION 14. PLEDGE OF CONTRACT REVENUES. The Authority is

12 hereby authorized to pledge all payments due, owing or received by Member Governments

13 pursuant to the terms' hereof, any interest or other income derived from moneys received

14 under this Contract and any other moneys of the Authority for the purpose of securing the

15 Obligations issued by the Authority.

16 SECTION 15. DEVELOPMENT OF NEW WATER SUPPLY SOURCES.

17 Unless prevented by force majeure, as described in Section 21(E) hereof, the Authority will

18 develop new Water Supply Facilities as provided in the Interlocal Agreement in order to

19 meet the Quality Water supply needs of the Member Governments. The Authority and the

20 Member Governments realize that the development of new water supply sources and the

21 implementation of the Master Water Plan are paramount to the Authority's ability to fulfill

22 its Water Service obligations under this Contract, and the parties hereby agree to work








1 together toward accomplishing the objectives set forth in the Master Water Plan and the

2 Interlocal Agreement.

3 SECTION 16. MEMBER GOVERNMENTS' RIGHTS TO DEVELOP AND

4 SUPPLY WATER. Member Governments may develop sources of Water only to the extent

5 provided in the Interlocal Agreement.

6 SECTION 17. ADDITIONAL REPRESENTATIONS, WARRANTIES AND

7 COVENANTS OF THE AUTHORITY. The Authority hereby represents, warrants and

8 covenants to the Member Governments as follows:

9 (A) Water Quality. The Authority shall deliver to the Member Governments

10 Quality Water from the Authority's System at the Points of Connection. Upon the request,

11 and at the expense, of a Member Government and upon the conditions described in

12 Section 3.04 of the Interlocal Agreement, the Authority may provide additional treatment

13 to the Quality Water'

14 (B) Environmental Permits. The Authority shall obtain, renew, maintain and

15 modify, if necessary, all Environmental Permits necessary to provide Water Service to the

16 Water Service Areas in accordance with the terms of the Interlocal Agreement. The

17 Authority further agrees to comply with all Environmental Permit conditions and applicable

18 rules and regulations.

19 (C) Financing Water Supply Facilities. The Authority may from time to time issue

20 Obligations in order to cover the costs incurred in constructing, acquiring, operating,

21 replacing and expanding the Authority's System; provided any Obligations issued to








1 finance operating expenses shall mature no later than one year from the date of their

2 issuance.

3 (D) Accounting. The Authority shall maintain accounts and records for all funds

4 received and disbursed by it with respect to Water Service. On or before each March 1,

5 beginning on the March 1 immediately following the date upon which all conditions

6 precedent in Section 5 hereof are satisfied, the Authority shall complete an audit of the

7 aforesaid accounts. Said audit shall be conducted by a nationally recognized certified

8 public accounting firm.

9 (E) Adequate Water and Environmental Effects. The Authority shall supply

10 Water Service to the Member Governments and reduce adverse environmental effects of

11 excessive or improper withdrawals of Water as provided herein and in the Interlocal

12 Agreement.

13 (F) Conservation. The Authority may establish programs to promote

14 conservation of Water, provided Member Governments shall have primary responsibility

15 for implementing means, methods and techniques relating to Water conservation.

16 (G) Operation of System. The Authority shall at all times operate and maintain

17 the System in accordance with prudent utility practices.

18 (H) Compliance with Laws. The Authority shall comply with all laws, rules and

19 regulations applicable to this Contract and its obligations arising hereunder.

20 (I) Equitable Treatment of Member Governments. The Authority shall treat all

21 Member Governments equitably without preference for any one Member Government over








1 another Member Government, all in accordance with the terms of this Contract and the

2 Interlocal Agreement.

3 (J) Rate. The rate charged by the Authority to the Member Governments for

4 Water Service shall be reasonable and adequate to fulfill the purpose of the Authority

5 pursuant to the Interlocal Agreement and this Contract.

6 SECTION 18. ADDITIONAL REPRESENTATIONS, WARRANTIES AND

7 COVENANTS OF THE MEMBER GOVERNMENTS. The Member Governments hereby

8 represent, warrant and covenant to the Authority as follows:

9 (A) Irrevocable Commitment to Pay. The Member Governments shall pay their

10 respective monthly bills for Water Service to their respective Water Service Areas for

11 every Fiscal Year throughout the term of this Contract in the manner provided in Section

12 13 hereof. Said payments by the parties shall be made without notice or demand and

13 without set-off, counterclaim, abatement, suspension or deduction. The Authority is

14 undertaking the acquisition, construction, operation, replacement and expansion of the

15 Authority's System on the representations, warranties and covenants of the Member

16 Governments set forth in this Section 18.

17 (B) Acquisition of Real Property. The Member Governments shall cooperate with

18 the Authority in acquiring all interests in real property necessary to acquire, construct,

19 manage, operate and expand the Authority's System.

20 (C) Member Governments' Water Utility System Charges. The Member

21 Governments shall fix, revise, maintain and collect such fees, rates, tariffs, rentals, or other

22 charges for the use of products, services and facilities of their respective Member








1 Government's water utility systems as shall be necessary to fund the timely payment of

2 their respective obligations and liabilities under this Contract.

3 (D) Member Governments' Water Utility System Operation and Maintenance

4 Account. The Member Governments shall maintain their Member Governments' water

5 utility system operation and maintenance accounts throughout the term of this Contract for

6 the purpose of paying their obligations and liabilities under this Contract. At all times

7 during the term of this Contract, the parties' obligations and liabilities under this Contract

8 shall be considered an operating expense of their water utility systems and shall be paid

9 from their water utility systems operation and maintenance accounts.

10 (E) Member Government Payment Obligation. A Member Government shall not

11 be liable under this Contract for the obligations of any other Member Government. A

12 Member Government shall be solely responsible and liable for performance of its

13 obligations under this Contract. The obligation of a Member Government to make

14 payments under this Contract is a severable obligation and not a joint obligation with the

15 other Member Governments.

16 (F) Cooperation on Issuance of Authority Obligations. Each Member

17 Government shall cooperate with the Authority in issuance of its Obligations. In such

18 connection, each Member Government and the Authority shall comply with reasonable

19 requests of each other and will, upon request, do as follows: (i) make available general

20 and financial information about itself;(ii) consent to publication and distribution of its

21 financial information; (iii) certify that its general and financial information is accurate, does

22 not contain any untrue statements of a material fact and does not omit to state a material








1 fact necessary to make the statements in the information, in light of circumstances under

2 which they are made, not misleading; (iv) make available certified copies of official

3 proceedings; (v) provide reasonable certifications to be used in a transcript of closing

4 documents; and (vi) provide and pay for reasonable requested opinions of counsel as to

5 the validity of its actions taken in respect to and the binding effect of the Interlocal

6 Agreement and this Contract, title to its Water supply system, as applicable, and pending

7 or threatened litigation which could materially affect its performance hereunder. In

8 addition, each Member Government agrees to take no action which shall adversely affect

9 the exclusion from gross income of interest on the Authority's Obligations for purposes of

10 federal income taxation. Each Member Government shall provide the Authority reasonable

11 assurance that no actions taken by it shall adversely affect the exclusion from gross

12 income of interest on the Authority's Obligations for purposes of federal income taxation.

13 SECTION 19.' ARBITRATION AND LITIGATION. (A) Arbitration. Except as

14 otherwise provided in this Section 19, any disputes respecting monetary defaults

15 committed by the Authority or any of the Member Governments, any disputes regarding

16 Water quality as provided in Exhibit D hereto, and any disputes between the Authority and

17 any Member Government involving fiscal matters arising under this Contract, which are not

18 otherwise resolved after due diligent effort by the parties, shall be resolved through binding

19 arbitration in accordance with the following provisions of this Section 19. Such binding

20 arbitration shall be the sole and exclusive method of resolving disputes described above.

21 (i) Arbitration shall be commenced by one party serving written notice

22 upon on the other parties of its demand to arbitrate. Within sixty (60) days after








1 actual receipt of a written demand to arbitrate, the parties shall proceed with

2 arbitration. Within said sixty (60) days, the Authority and the Member Government

3 each shall appoint a person as arbitrator. Each appointment shall be signified in

4 writing by each party to the other, and the arbitrators so appointed shall, within ten

5 (10) days of their appointment, appoint a third arbitrator and who shall chair the

6 panel. If the arbitrators appointed by the parties are unable to agree upon a third

7 arbitrator, the third arbitrator shall be appointed by the American Arbitration

8 Association from its qualified panel of arbitrators. If the Authority or the Member

9 Government fails to appoint an arbitrator within sixty (60) days after receipt from the

10 other party of a written demand to arbitrate, then the arbitrator appointed by the

11 party not in default hereunder shall appoint a second arbitrator and the two so

12 appointed shall appoint a third arbitrator to chair the panel. None of the arbitrators

13 shall have a business or other pecuniary relationship with either party, except for

14 payment of the arbitrator's fees and expenses.

15 (ii) In the event a dispute arises involving the Authority and more than

16 one Member Government in regard to the same subject matter, such parties may

17 agree to one arbitration proceeding to settle such a dispute. Within sixty (60) days

18 of such agreement, the Authority, individually, and the Member Governments,

19 collectively, shall each appoint a person as arbitrator. Each appointment shall be

20 signified in writing by each party to the other parties and the arbitrators so

21 appointed shall, within ten (10) days of their appointment, appoint a third arbitrator

22 who shall chair the panel. If the arbitrators appointed are unable to appoint a third,








1 such third arbitrator shall be appointed by the American Arbitration Association from

2 its qualified panel of arbitrators. If either the Authority or the Member Governments

3 fail to appoint an arbitrator within sixty (60) days after agreement to proceed with

4 a single arbitration, then the arbitrator appointed shall appoint a second arbitrator

5 and the two so appointed shall appoint a third arbitrator to chair the panel. None

6 of the arbitrators shall have a business or other pecuniary relationship with any of

7 the parties, except for payment of the arbitrator's fees and expenses.

8 (iii) The three arbitrators, after being duly sworn to perform their duties

9 with impartiality and fidelity, shall proceed to determine the questions submitted.

10 The arbitrators may, at their discretion, and shall, upon the written request of either

11 the Authority or the Member Government(s), engage experts to provide peer review

12 of any scientific and technical studies introduced by parties. The arbitration hearing

13 shall convene not earlier than ninety (90) days and not later than one hundred

14 twenty (120) days of the appointment of the chair by the arbitrators, unless the

15 parties agree to an earlier date. The arbitrators shall render an award within sixty

16 (60) days of the conclusion of the arbitration hearing, and such award shall be in

17 writing and in duplicate, one counterpart thereof to be delivered simultaneously to

18 each of the parties. The award shall contain findings of fact and conclusions of law

19 and shall be final and binding upon the parties involved.

20 (iv) The fees, charges and expenses of such arbitrators and any experts

21 engaged by the arbitrators shall be borne equally by the parties. The fees of

22 respective counsel engaged by the parties, and the fees of expert witnesses and








1 other witnesses called by the parties shall be paid by the respective party engaging

2 such counsel or engaging such witnesses.

3 (v) Except to the extent inconsistent with this Section 19, the American

4 Arbitration Association standards shall apply to any arbitration proceedings

5 conducted under the provisions of this Section 19. The venue for any such action

6 shall be the county in which the Authority maintains its principal office. Limited

7 discovery shall be allowed in any such arbitration proceeding of up to twenty-five

8 (25) interrogatories per party including all subparts, up to ten (10) depositions per

9 party with a limitation of eight (8) hours per deposition, the exchange of witness and

10 exhibit list in accordance with a schedule adopted by the arbitration panel, and any

11 other discovery procedures agreed to by the parties and adopted by the arbitration

12 panel; provided, however, that requests for admission shall not be allowed in any

13 such arbitration proceeding.

14 (B) Continuation of Payments. The Member Governments agree that during any

15 such period of arbitration or litigation, they shall continue to promptly make all payments

16 due to the Authority, pursuant to the terms of this Contract, and the Authority shall continue

17 to provide Water Service to such Member Governments in accordance with the terms

18 hereof.

19 (C) Exclusive Remedy. Other than as provided herein, the Authority and the

20 Member Governments hereby establish binding arbitration, as described in this Section

21 19, as the sole and exclusive method of resolving the disputes arising hereunder which are

22 subject to arbitration. It is expressly agreed that no Member Government shall fund the








1 participation of, or provide in-kind contributions to, any third-party in an administrative or

2 judicial review of any matter which is the subject of arbitration hereunder.

3 (D) Events Not Subiect to Arbitration. Other than disputes regarding monetary

4 defaults, disputes regarding Water quality as provided in Exhibit D hereto and disputes

5 regarding fiscal matters arising under this Contract, no other disputes arising hereunder

6 shall be subject to the mandatory arbitration provisions of this Section 19; provided the

7 parties hereto may avail themselves of such arbitration procedures for other disputes on

8 a voluntary basis.

9 SECTION 20. AUTHORITY'S SOURCES OF WATER. Subject to any rights

10 a Member Government may have pursuant to the Interlocal Agreement, the Authority may

11 provide Water Service to satisfy their obligations hereunder from any component of its

12 System or such other source deemed appropriate by the Authority and the Authority may

13 use any component of its System or such other source to transport water to the Points of

14 Connection.

15 SECTION 21. DEFAULT AND REMEDY. (A) Defaults. In the event any of

16 the parties default under any of the terms or provisions of this Contract and such default

17 is not subject to the provisions of Section 19 hereof, the parties may avail themselves of

18 any rights or remedies available under applicable law. Notwithstanding the commission

19 of an act of default by a Member Government under any of the terms or provisions of this

20 Contract, none of the parties hereto shall be relieved from their obligations under the terms

21 of this Contract to provide, receive or pay for timely and sufficient Water Service in

22 accordance with the provisions of this Contract. The parties, however, shall not be








1 assumed to have waived any such default by the continuation of the provision or payment

2 of said Water Services. The parties hereto acknowledge that this Contract may not be

3 terminated except as provided in Section 4 hereof.

4 (B) Reliance by Holders of Obligations. The parties acknowledge that to finance

5 the acquisition and construction of improvements and expansion of the System, the

6 Authority will issue Obligations from time to time and, by reason of such issuance by the

7 Authority, it is essential that the Authority be paid in a timely fashion all sums due from

8 Member Governments pursuant to this Contract. In light of the obligations of the Authority

9 to holders of Obligations, and the Authority's reliance on Member Governments'

10 representation and covenant that payment of all sums due to the Authority under the terms

11 of this Contract shall be prompt in their remittal, the parties hereby agree to resolve any

12 disputes over the correct amount of monthly billings in accordance with Section 19 hereof.

13 During the pendency of such dispute resolution proceedings, the Authority agrees to

14 continue to provide Water Service to the Member Governments, and the Member

15 Governments agree to continue to pay in full, as billed, for such service, but subject to the

16 Authority's obligation to refund to the Member Governments any amount collected in

17 excess of the amount ultimately determined to have been proper with interest on such

18 excess amount from the date of payment at the rate then prevailing for investments in the

19 Local Government Surplus Funds Trust Fund.

20 (C) Failure to Pay Monthly Bills. In the event that a Member Government fails

21 to pay the full amount of a bill for monthly service or for any other amount coming due to

22 the Authority under this Contract within thirty (30) days of receipt of said bill, then such








1 Member Government shall pay interest on the unpaid balance from the original due date

2 to the date of payment at the rate then prevailing for investments in the Local Government

3 Surplus Funds Trust Fund.

4 (D) Bankruptcy by Member Government. In the event a Member Government

5 becomes insolvent, or voluntary or involuntary bankruptcy proceedings are instituted

6 against such Member Government, or a Member Government becomes unable or fails to

7 meet its obligations to its creditors as they come due, the Authority shall thereupon

8 become entitled to seek the appointment of a receiver for the revenues of such member

9 Government's water utility system (but not for the operation of a Member Government's

10 water utility system). In the event a receiver is appointed for the revenues of such Member

11 Government's water utility system in accordance with this Section 21, said receiver shall,

12 subject to orders of the appointing court, have the exclusive right to obtain, collect and

13 deposit or invest all revenues payable to or received by a Member Government from its

14 water customers, to pay to the Authority from such revenues all amounts due or becoming

15 due to the Authority under this Contract, and to make payments under the provisions of

16 resolutions or indentures pertaining to outstanding debt of a Member Government that is

17 secured by the revenues of the water utility system.

18 The Authority's right to seek the appointment of a receiver under the provisions of

19 this Section 21 shall be subordinate to any right to the appointment of a receiver that may

20 be conferred upon the holders of debt obligations secured by the revenues of a Member

21 Government's water utility system. By virtue of the treatment of amounts due to the

22 Authority under this Contract as operating expenses of a Member Government, it is








1 acknowledged that the Authority's right to receive payments hereunder will be prior to the

2 right of the holders of the debt obligations of a Member Governments water utility system.

3 A Member Government shall have the right to contest the appointment of a receiver only

4 in the event that such Member Government is not in default on any payment obligations

5 to the Authority hereunder at the time of the filing of the Authority's petition for the

6 appointment of such a receiver. Such Member Government shall be entitled to have the

7 receivership discharged at any time upon demonstration to the court that the Authority is

8 current in the payment of all amounts then due and owing to the Authority hereunder and

9 in substantial compliance with the material covenants and agreements of the Member

10 Government hereunder.

11 (E) Force Maieure. In the event that the performance of this Contract by any

12 party is prevented or interrupted in consequence of any cause strictly beyond the control

13 of such party including, but not limited to, Acts of God, war, national emergency, allocation

14 or other governmental restrictions upon the use or availability of labor, materials or natural

15 resources, shortages of energy sources or supplies, failure to obtain electricity or

16 telephone service, shortages of raw materials, rationing, civil insurrection, riot, disorder or

17 demonstration, strike, lock out, embargo, flood, tidal wave, fire, explosion, bomb

18 detonation, nuclear fallout, windstorm, hurricane, earthquake, drought or other casualty

19 or disaster or catastrophe, unforeseeable failure or breakdown of pumping transmission,

20 processing or other facilities, governmental rules, acts, order, restrictions, regulations or

21 requirements, discretionary acts or actions of any government, public, governmental

22 authority, commission, board, agency, agent, official or officer (except for the acts or








1 actions of the Authority or Member Governments or its agents or officers and affecting this

2 Contract), the enactment of any statute, ordinance, resolution, regulation, rule, ruling or

3 order, decree, judgment or injunction of any court, or the failure to obtain any required

4 permit or governmental approval after making its best efforts to obtain same, said party

5 shall not be liable for such nonperformance, but only for the duration of or to the extent of

6 said force majeure and only if said party is not directly or indirectly responsible therefore.

7 Any party claiming to be relieved of any duty pursuant to this Section 21 shall give prompt

8 written notice thereof to the other parties. The parties agree, however, to remedy with all

9 reasonable dispatch the cause or causes preventing a party from carrying out its

10 agreement.

11 SECTION 22. DISPOSITION OF ASSETS UPON TERMINATION OF

12 AUTHORITY. Upon termination of the Authority, all assets and property of the Authority

13 shall be disposed of'as provided in Section 6.04 of the Interlocal Agreement.

14 SECTION 23. APPLICABLE LAW AND VENUE. The laws of the State of

15 Florida shall govern the validity, interpretation, construction and performance of this

16 Contract and venue for any suit involving this Contract shall be in the county where the

17 Authority's principal office is located.

18 SECTION 24. ASSIGNMENT. No assignment, delegation, transfer or

19 novation of this Contract or any part hereof shall be made unless approved in writing by

20 all parties.

21 SECTION 25. NOTICES. All notices, demands, requests and other

22 communications hereunder shall be deemed sufficient and properly given, if in writing and








1 delivered in person to the following addresses or sent by certified or registered mail,

2 postage prepaid with return receipt requested, at such addresses; provided, if such

3 notices, demands, requests or other communications are sent by mail, they shall be

4 deemed as given on the third day following such mailing which is not a Saturday, Sunday

5 or a day on which United States mail is not delivered:

6 If to the Authority: West Coast Regional Water Supply Authority
7 2535 Landmark Drive, Suite 211
8 Clearwater, Florida 33761
9 Attention: General Manager
10
11 If to Pinellas: Board of County Commissioners
12 315 Court Street
13 Clearwater, Florida 34616
14 Attention: County Administrator
15
16 If to Pasco: Board of County Commissioners
17 7530 Little Road
18 New Port Richey, Florida 34654
19 Attention: County Administrator
20
21 If to Hillsborough: Board of County Commissioners
22 601 East Kennedy Boulevard, 26th Floor
23 Tampa, Florida 33602
24 Attention: County Manager
25
26 If to St. Petersburg: City of St. Petersburg
27 One Fourth Street North
28 St. Petersburg, Florida 33701
29 Attention: City Administrator
30
31 If to Tampa: City of Tampa
32 315 East Kennedy Boulevard
33 Tampa, Florida 33602
34 Attention: City Administrator
35








1 If to New Port Richey: City of New Port Richey
2 5959 Main Street
3 New Port Richey, Florida 34653
4 Attention: City Manager
5
6 Any party may, by like notice, designate any further or different addresses to which

7 subsequent notices shall be sent. Any notices hereunder signed on behalf of the notifying

8 party by a duly authorized attorney at law shall be valid and effective to the same extent

9 as if signed on behalf of such party by a duly authorized officer or employee.

10 SECTION 26. THIRD-PARTY BENEFICIARIES. The Authority,

11 St. Petersburg, Tampa, New Port Richey, Pasco, Pinellas and Hillsborough agree the

12 holders of any Obligations issued by the Authority to finance or refinance the acquisition,

13 construction, improvement, replacement or operation of the Authority's System shall be

14 third-party beneficiaries of this Contract and the rights, obligations, representations and

15 warranties of the Authority, Hillsborough, New Port Richey, Pasco, Pinellas, St. Petersburg

16 and Tampa pursuant to this Contract and the Interlocal Agreement. No right or cause of

17 action shall accrue upon or by reason hereof, or for the benefit of any other person not

18 expressly named as a party in this Contract.

19 SECTION 27. WAIVER. Unless otherwise specifically provided by the terms

20 of this Contract, no delay or failure to exercise a right resulting from any breach of this

21 Contract shall impair such right or shall be construed to be a waiver thereof, but such right

22 may be exercised from time to time and as often as may be deemed expedient. Any waiver

23 shall be in writing and signed by the party granting such waiver. If any representation,

24 warranty or covenant contained in this Contract is breached by any party and thereafter

25 waived by another party, such waiver shall be limited to the particular breach so waived








1 and shall not be deemed to waive, either expressly or impliedly, any other breach under

2 this Contract.

3 SECTION 28. CAPTIONS AND REFERENCES. The title page, table of

4 contents, section headings and captions contained herein are included for convenience

5 of reference only and shall not be considered part of this Contract or affect in any manner

6 its construction or interpretation. Except as otherwise indicated, all references herein to

7 sections are to sections of this Contract.

8 SECTION 29. SEVERABILITY. In the event that any provision of this

9 Contract shall, for any reason, be determined invalid, illegal or unenforceable in any

10 respect, the parties hereto shall negotiate in good faith and agree to such amendments,

11 modifications or supplements of this Contract or such other appropriate actions as shall,

12 to the maximum extent practicable in light of such determination, implement and give effect

13 to the intentions of'the parties as reflected herein, and the other provisions of this

14 Contract, as amended, modified, supplemented or otherwise affected by such action, shall

15 remain in full force and effect.

16 SECTION 30. AMENDMENT. This Contract may only be amended by a

17 written document duly executed by the Authority, Hillsborough, New Port Richey, Pasco,

18 Pinellas, St. Petersburg and Tampa. The parties hereto agree to make no amendment

19 hereto or to the Interlocal Agreement which will materially adversely affect the rights or

20 security of the holders of the Obligations.








1 SECTION 31. NO OTHER AGREEMENTS. This Contract shall constitute the

2 entire agreement of the Authority, Hillsborough, New Port Richey, Pasco, Pinellas,

3 St. Petersburg and Tampa with respect to the matters provided herein.

4 SECTION 32. EXISTING AGREEMENTS. The agreements for the supply of

5 water by the Authority to a Member Government described in Exhibit G hereto shall be

6 terminated and shall no longer be in effect upon the Effective Date hereof. The

7 agreements described in Exhibit H hereto shall remain in full force and effect. The

8 Member Governments agree to cooperate in modifying the agreements described in

9 Exhibit I hereto and to transfer their rights in those agreements which are in conflict or

10 inconsistent with the Interlocal Agreement and this Contract to the Authority, and further

11 agree that the agreements described in Exhibit I shall be superseded to the extent

12 provided herein. The agreements described in Exhibit J hereto shall be superseded to the

13 extent of any conflict br inconsistency with the Interlocal Agreement or this Contract. Any

14 other agreement of the Authority or Member Government relating to Water production,

15 transmission, treatment, delivery or sale not specifically described in Exhibit G, H, I or J

16 shall be superseded by the Interlocal Agreement and this Contract to the extent of any

17 conflict or inconsistency with such Agreement or this Contract.

18 SECTION 33. SUCCESSORS AND ASSIGNS. This Contract shall be binding

19 upon and inure to the benefit of the respective successors, permitted assigns,

20 administrators and trustees of the Authority, Hillsborough, New Port Richey, Pasco,

21 Pinellas, St. Petersburg and Tampa.








1 SECTION 34. EXECUTION OF DOCUMENTS. This Contract shall be

2 executed in multiple duplicate originals, any of which shall be regarded for all purposes

3 as an original and all of which shall constitute one and the same instrument.

4 SECTION 35. INTERLOCAL AGREEMENT. This Contract shall constitute

5 an interlocal agreement pursuant to Section 163.01, Florida Statutes. A true and correct

6 copy of this Contract and any subsequent amendments shall be filed with the Clerk of the

7 Circuit Court in Pinellas, Pasco and Hillsborough Counties.

8 SECTION 36. OBLIGATIONS OF MEMBER GOVERNMENTS. All monetary

9 and fiscal obligations of a Member Government arising under this Contract shall be

10 payable solely as an operating expense of its water utility system as described in Section

11 18(D) hereof.

12 SECTION 37. CONFLICT WITH INTERLOCAL AGREEMENT. To the extent

13 any provision herein shall conflict with a provision in the Interlocal Agreement, the

14 provision in the Interlocal Agreement shall be controlling.

15 SECTION 38. MISCELLANEOUS PROVISIONS. (A) Whenever the singular

16 is used in this Contract and when required by the context, the same shall include the

17 plural, and the masculine, feminine and neuter genders shall each include the others.

18 (B) Whenever approvals of any nature are required by any of the parties to this

19 Contract, it is agreed that same shall not be unreasonably withheld, delayed or

20 conditioned, unless the Contract indicates that said approval is within the discretion of one

21 of the parties. Said approval shall promptly be communicated to the requesting party not

22 more than sixty (60) days after its request (or, as to those provisions in this Contract








1 expressly requiring action within a shorter period, then within such period). In the event

2 that the party being called upon for the approval fails to either approve, deny or approve

3 with conditions within said sixty (60) day period (or such shorter period), the request made

4 to the delaying party shall be deemed to be automatically approved, without any further

5 action or notice required by either party, unless the delaying party shall have requested

6 an extension of time for good cause prior to the expiration of the sixty (60) day period (or

7 such shorter period).

8 (C) It is agreed by and between the parties hereto that all words, terms and

9 conditions contained herein are to be read in concert, each with the other, and that a

10 provision contained under one heading may be considered to be equally applicable under

11 another in the interpretation of this Contract.

12 (D) Failure to insist upon the strict compliance of any of the terms, covenants,

13 or conditions hereof shall not be deemed a waiver of such terms, covenants, or conditions,

14 nor shall any waiver or relinquishment of any right or power hereunder at any one time, or

15 times, be deemed a waiver or relinquishment of such right or power at any other time or

16 times or of any other right or power.








IN WITNESS WHEREOF, the Chairman of the West Coast Regional Water Supply

Authority has caused this Agreement to be executed and delivered as of the day and year

first above written.


WEST COAST REGIONAL WATER
SUPPLY AUTHORITY


Chairman


ATTEST:


Secretary









1 IN WITNESS WHEREOF, the Board of County Commissioners of Hillsborough

2 County, Florida, has caused this Agreement to be executed and delivered as of the day

3 and year first above written.

4
5 HILLSBOROUGH COUNTY, FLORIDA
6
7
8
9
10 Chairman, Board of County Commissioners
11
12
13 ATTEST:
14
15
16
17
18 Clerk








IN WITNESS WHEREOF, the Board of County Commissioners of Pasco County,

Florida, has caused this Agreement to be executed and delivered as of the day and year

first above written.


PASCO COUNTY, FLORIDA


Chairman, Board of County Commissioners


ATTEST:


Clerk








IN WITNESS WHEREOF, the Board of County Commissioners of Pinellas County,

Florida, has caused this Agreement to be executed and delivered as of the day and year

first above written.


PINELLAS COUNTY, FLORIDA


Chairman, Board of County Commissioners


ATTEST:


Clerk








1 IN WITNESS WHEREOF, the City Council of the City of New Port Richey, Florida,

2 has caused this Agreement to be executed and delivered as of the day and year first

3 above written.

4
5 CITY OF NEW PORT RICHEY, FLORIDA
6
7
8
9
10 Mayor
11
12
13 ATTEST:
14
15
16
17
18 Clerk









1 IN WITNESS WHEREOF, the City Council of the City of St. Petersburg, Florida, has

2 caused this Agreement to be executed and delivered as of the day and year first above

3 written.

4
5 CITY OF ST. PETERSBURG, FLORIDA
6
7
8
9
10 Mayor
11
12
13 ATTEST:
14
15
16
17
18 Clerk








1 IN WITNESS WHEREOF, the City Council of the City of Tampa, Florida, has caused

2 this Agreement to be executed and delivered as of the day and year first above written.

3
4 CITY OF TAMPA, FLORIDA
5
6
7
8
9 Mayor
10
11
12 ATTEST:
13
14
15
16
17 Clerk
18
19









EXHIBIT A
AUTHORITY's SYSTEM

MARCH 2, 1998

EXISTING AUTHORITY ASSETS
TO REMAIN IN AUTHORITY SYSTEM

Cypress Creek Wellfield and Transmission Main 13 production wells located on
4800 acres in Central Pasco County, of which 3500 acres are owned by SWFWMD, with
sites licensed to Authority and 1300 acres owned by Authority; includes six miles of
collector and transmission mains 16 inch through 42 inch diameter.

Cypress Creek Water Treatment Plant 110 MGD pumping station, chlorination and
pH adjustment facilities, 2 5 MG water storage tanks, standby emergency electric diesel
generators, analytical laboratory, warehouses, administration and maintenance offices,
located on 40 acre site licensed from SWFWMD.

Cross Bar Ranch Wellfield and Transmission Main 17 production wells located on
8,000 acres in Northern Central Pasco County on property owned by Pinellas County.
Includes 20 miles of collector and transmission mains 16 inch through 60 inch diameter.

Cypress Creek Transmission Main Includes 19 miles of transmission main 64
through 84 inches in diameter.

U. S. 41 Booster Station 5 MGD booster facility located on 5 acre site owned by the
Authority in Central Pasco County.

West Pasco Booster Station 3 MGD booster facility located on 1 acre Authority
easement in West Pasco County.

Odessa Intertie 3 MGD meter facility on 3 acre sites owned by the Authority in West
Pasco County.

Morris Bridge Booster Station and Transmission Main 30 MGD booster facility on
3 acre site licensed to the Authority by the City of Tampa. Includes 5 MG water storage
tank and 4 miles of 64 inch diameter transmission main.

Cypress Bridge Wellfield and Transmission Main 10 production wells located on six
(1 to 4 acre) individual sites in Southern Pasco and four 4 acre individual sites in
Northern Hillsborough County, all sites owned by Authority or licensed to Authority.
Includes 20 miles of collector and transmission mains 16 inch through 64 inches in
diameter.





Q:\PAT\WCSYSTEM.DOC 1
03/02/98









Lake Bridge Water Treatment Plant 5 MGD pumping station, chlorination and pH
adjustment facilities, 2-150,000 gallon water storage tanks, located on a 50 acre site
owned by the Authority in Northern Hillsborough County.

Northwest Hillsborough Regional Wellfield and Transmission Main Seven
production wells on individual one acre sites in Northwest Hillsborough County.
Includes 8 miles of collector and transmission mains 12 through 36 inches in diameter.

Sheldon Road Transmission Main 1-1/2 miles of 30 inch transmission main in
Northwest Hillsborough County.

South Central Hillsborough Regional Wellfield and Transmission Main 17
production wells on individual 1-4 acre sites in Southern Hillsborough County. Includes
19 miles of collector and transmission mains 16 inches through 54 inches in diameter.

Tampa Bypass Canal Pumping Station 40 MGD lift station location on the Harney
Canal in Hillsborough County on a site licensed by SWFWMD. Includes a 42 inch
transmission main.

Starkey Wellfield 14 production wells on 8,000 acres owned by SWFWMD in
Western Pasco County on sites licensed to the Authority by SWFWMD. Includes 8 miles
of collector and transmission mains 6 inches through 42 inches in diameter.

North Pasco Wellfield Two production wells and six sites on one acre sites in western
Pasco County on land licensed to the Authority by Pasco County. Includes 4 miles of
collector and transmission mains 16 inches through 36 inches in diameter.

Tampa/Hillsborough Interconnect Booster Station 1 MGD booster pump station
adjacent to North Boulevard in NW Hillsborough County.


AUTHORITY ASSETS IN PROPERTY ACQUISITION OR CONSTRUCTION
PHASE TO REMAIN IN AUTHORITY SYSTEM


Cypress Bridge and Morris Bridge Access Roads Wetland crossing improvements
along 17 mile transmission main corridor in Central Pasco and Northern Hillsborough
Counties.

Cypress Creek Water Treatment Plant Electrical 2400 volt switchgear replacement
and lightning protection improvements.

Cypress Creek Transmission Main Replacement Replacement of 8 miles of 84 and
66 inch pipe manufactured by Interpace.


Q:\PAT\WCSYSTEM.DOC
03/02/98









Keller Transmission Main Replacement of 1.5 miles of 42 and 54 inch pipe
manufactured by Interpace.

Tampa/Hillsborough Interconnect Booster Station New 10 MGD booster facility on
site adjacent to North Boulevard in NW Hillsborough County.

Cosme Transmission Main 8 miles of 48 through 72 inch diameter transmission main.



EXISTING AUTHORITY ASSETS TO BE TRANSFERRED
BY AUTHORITY TO MEMBERS


West Pasco Transmission Main (to Pasco County) Includes 3-1/2 miles of 16 inch
through 24 inch diameter transmission main to be transferred to Pasco County.

Lithia WTP and South County Transmission Mains (to Hillsborough County) 45
MGD pumping station and chlorination facilities. Includes 2 5 MG water storage tanks,
emergency electric diesel generators, analytical laboratory, warehouse, administration
and maintenance offices, located on a 40 acre site owned by Hillsborough County in
Southern part of County. Includes 22 miles of transmission mains 24 inches through 42
inches in diameter.

Gardinier Interconnect (to Hillsborough County) 6 MGD interconnect facility in
Southern Hillsborough County.

Tampa/Hillsborough Interconnect Transmission Main (to Hillsborough County and
City of Tampa) 1-1/2 miles of 30 inch transmission main, from Authority to City of
Tampa and Hillsborough County.


MEMBER ASSETS TO BE TRANSFERRED BY MEMBERS TO AUTHORITY


Hillsborough County Dispersed Wells 8 production wells (consisting of The
Crippenwood, Manors of Crystal Lake (2), Eagles (2), Truman, Blobmingdale and
Highview wells) located on individual sites at various locations owned by Hillsborough
County, plus two additional existing interconnect wells between Hillsborough County
and the City of Tampa.

Cosme/Odessa Wellfield 23 production wells and monitor wells in Northwest
Hillsborough County on land owned by City of St. Petersburg. Includes 5 miles of
collector and transmission mains 6 inches through 36 inches in diameter and water
treatment plant influent flowmeter.



Q:\PAT\WCSYSTEM.DOC 3
03/02/98









Section 21 Wellfield 6 production wells and monitor wells in Northwest Hilisborough
County on land owned by City of St. Petersburg. Includes 3 miles of collector and
transmission mains 12 inches through 36 inches in diameter.

South Pasco Wellfield 8 production wells and monitor wells in southern Pasco County
on land owned by City of St. Petersburg.

St. Petersburg Transmission Main 12 miles of 42 inch diameter transmission main
located in Southern Pasco and Northwest Hillsborough Counties.

Eldridge Wilde Wellfield 58 production wells and monitor wells located in
Northeastern Pinellas and Northwest Hillsborough Counties on lands owned by or
licensed to Pinellas County. Includes all collector piping and water treatment plant
influent flowmeter.

Morris Bridge Wellfield Includes 20 production wells, monitor wells, and 8 miles of
collector and transmission mains and includes water treatment plant influent flowmeter.


Q:\PAT\WCSYSTEM.DOC
03/02/98






EXHIBIT B


MASTER WATER PLAN

The Master Water Plan, as approved by the Authority's Board of Directors in December 1995,
comprised the development of 85 mgd of new supply and three pipeline interties in two phases.
Further evaluation of three developmental alternatives and a conservation program to save 17 mgd
over the 10 year development period have reinforced the Plan. The Master Water Plan currently
includes the following potential new supply projects, as may be subsequently modified by the
Authority Board pursuant to the permitting procedures established in the Interlocal Agreement:

Cypress Bridge Permit Increase Ongoing evaluation of operating and monitoring data for the
Cypress Bridge Wellfield, which straddles Hillsborough and Pasco Counties, for potential
incremental increase in production above current permitted capacity.

Tampa Bypass Canal Project looks to utilize available supply from the Tampa Bypass Canal
beyond that which is committed as augmentation to the City of Tampa Hillsborough River Reservoir.
A component of the Enhanced Surface Water System.

Industrial/Agricultural Exchange/Alafia River Proposes to capture seasonally variable available
flows from the Alafia River and Lithia Springs for storage in an off-stream reservoir. A component
of the Enhanced Surface Water System.

Hillsborough River High Water Proposes to harvest a portion of wet-season flows in the
Hillsborough River after City of Tampa and downstream ecological needs have been met. A
component of the Enhanced Surface Water System.

Enhanced Surface Water System The previous three supply projects (Tampa Bypass Canal,
Industrial/Agricultural Exchange/Alafia River, and Hillsborough River High Water) with the South
Central Hillsborough Intertie. The Enhanced Surface Water system realizes greater yields and
increased efficiencies over the individual projects through shared conveyance, storage, and treatment
facilities.

Brandon Urban Dispersed Wells Selective redevelopment of groundwater supply in the Brandon
area.

Cone Ranch and Dispersed Wells Project to develop long-planned available groundwater supply in
Northeast Hillsborough County in conjunction with hydrologic restoration.

Hillsborough Bay Resource Exchange Indirect potable reuse through supplemental treatment of
H.F. Curren effluent and subsequent augmentation of Tampa Bypass Canal. Public acceptability
currently being evaluated.

Seawater Desalination Investigation of this supply option through issuance of a request for
proposals for privatized development and subsequent evaluation of responses.

Brackish Water Desalination Continued evaluation by Authority and Member Governments of
opportunities for development of brackish water supplies.


Exhibit B is provided for informational purposes only.


T %iFSDEvLDEVELPMICMAN4US\CROR\MWPKMWPEXH DOC


RF.V 2",.ms








EXHIBIT C
POINTS OF CONNECTION TO BE INCLUDED AT IMPLEMENTATION


QUALITY WATER CREDIT NEEDED TO ANTICIPATED DESIGN
DELIVERY POINT Proposed to be OBTAIN QUALITY AMOUNT OF CREDIT PRESSURE AT
MEMBER FACILITY SUPPLIED LOCATION DELIVERED WATER $/1000 GALLONS DELIVERY POINT NOTES
Pasco County U.S. 41 Intertie Booster Pump Discharge Yes No 0 80 psig
To be relocated
by County or
combined
50 psig (80 psig upon w/Pasco Intertie
Odessa Intertie Flow Meter Outlet Yes No 0 relocation) Meter
W. Pasco Intertie Booster Pump Discharge To be relocated
Yes No 0 80 psig by County
Lake Bridge-WTP HSP Discharge Yes No 0 80 psig
Starkey WF Flowmeter Aerator Tray
Little Road WTP Outlet No Yes $0.05 Elevation, Ft.
Hillsborough County Lake Park WTP Plant Inf Flowmeter Outlet Yes No 0 40 psig
NW Hillsborough Plant Inf Flowmeter Outlet No Yes $0.01 40 psig
PWF
Tampa/Hillsborough Booster Pump discharge Yes No 0 80 psig
Interconnection
Lithia WTP Plant Inf Flowmeter Outlet No Yes $0.05 Aerator Tray
Elevation, Ft.
Crippenwood Well Flowmeter Outlet No Yes $0.05 65 psig Iron
Manors of Crystal
Lake Well Flowmeter Outlet Yes No 0 70 psig
Eagles Well Flowmeter Outlet No Yes $0.05 70 psig
Truman Well Flowmeter Outlet Yes No 0 40 psig
Bloomingdale Well Flowmeter Outlet Yes No 0 40 psig
Highview Well Flowmeter Outlet No Yes 0 70 psig
U.S. 41 from City of
U.S. 41/Progress Tampa to Hillsborough
Village County Yes No 0 50 psig
Waters Avenue from City
of Tampa to Hillsborough
Waters Avenue/UPS County Yes No 0 50 psig
Aerator Tray
New Port Richey Maytum WTP Plant Inf Flowmeter Outlet No Yes $0.05 Elevation, Ft.
54" meter to be
relocated by
WCRWSA
S.K. Keller WTP Flowmeter Outlets (54 42" meter to be
Pinellas County from Regional System inch and 42 inch) Yes No 0 75 psig eliminated
S.K. Keller WTP -
from Eldridge Wilde
WF Plant hnf Flowmeter Outlet No Yes $0.05 20 psig


Q:\PAT)DELI'-"Y.DOC
02'10/98










PAGE 2 (CONT) EXHIBIT C POINTS OF CONNECTION TO BE INCLUDED AT IMPLEMENTATION


Q:\PAT\DELIVERY.DOC


Aerator Tray To be replaced
St. Petersburg Cosme WTP Plant InfFlowmeter Outlet No Yes $0.01 Elevation Ft. by WCRWSA
To be deleted
upon
completion of
NWHRWF Flowmeter Aerator Tray Cosme TM by
Cosme WTP Outlet No Yes $0.01 Elevation Ft. WCRWSA
To be
constructed by
Cosme WTP Bypass Flowmeter Outlet Yes No $0.00 70 psig WCRWSA
Treatment Unit
New Plant InfFlowmeter Pressure Requirement, To be installed
Tampa Morris Bridge WTP Outlet No Yes $0.05 psig by WCRWSA
Hillsborough River
Reservoir (from Hillsborough River Reservoir Elevation, Not subject to
Tampa Bypass Canal) Reservoir NA NA NA Ft. WQ standards















' MaytumL_ _
S W.T.P.
Im 30"


Cityof New Port Richey WCRWSA MI Flow Meter .-a-ar-n h.d/PR
SP New Port Richey DJ: o.012,.
'uDelivery Point Pg 1 of I Connected Pipes DRAWnv: R.L..









Proposed
N/SC Intertie,


ILithia'
IW. T.P.


S.C. Hillsborough

North Blvd.


30"


To be transferred to
Hillsborough County


,NW Hillsboroughl
SPotable Water
SSupply Facility
L - -


Regional System


Section 21/South Pasco


I Lake I
I Park I
'W.T.P'


Lake
Lake Park


- Proposed
Loop 72 "TM


W.T.P.


To be transferred to
SCity of Tamp
- -


Tampa/Hillsborough Interconnect


S--- WCRWSA Connected Pipes ".n~t.. ...uCo
Hillsborough County Hillsborough County Flow Meter A3, ,,12_

Delivery Points Pg I City of Tampa Booster Station UI~WNv: u.
I Ihrt I IPg I of 2 Proposed WCRWSA H


(






Hillsborough
River
Reservoir

I
Y

Hillborough
River
W.T.P.


Structure-162


North Central
Hillsborough T.M.


SMorris i
i Bridge L-
I W.T.P.
I --


New Meter to be
installed by WCI


- -


-----


To be acquired by
WCRWSA from
Tampa as part of
wellfield transaction


T.M.


City of Tampn a --WCRWSA Flow Meter .^.un...r
Cit- City ofTama paATE: O/1
Delivry P in City ofTampa s. Booster Station
a h. Delivery Points Pg -.Proposed by WCRWSA BoosterSm WNB: ..L-.L
SPg I of Connected Pipes












SLittle]
- Road c- 6--
SW.T.P. .


Pasco County WCRWSA [M Flow Meter "-' O..-uA. bcrt..c2
D i- -- Pasco County DATE, o.01/1
2o3n Delivery Points Connected PipesAWN,
Pg 2 of 3







Crippenwood
Crippenwood


l Grove
S Cqyrtal Grove
1_______________f


or

Manors


of Crystal Lakes


US 4/Progress Village Area
US 41/Progress Village Area


Water Avenue/UPS
Water Avenue/UPS


Eagles Golf
CourseArea



MI
IT


Eagles


Truman
Truman


A *WP
WTP

I


Bloomingdale
I ___,____


Bloomingdale


*--^ -WTP -


Highview


i- llWCRWSA Connected Pipes loUHm.km d~H.u.co.
Hillsborough County Hillsborough County Flow Meter DAI ;
.,B Delivery Points City ofTampa
Pg 2 of 2 Proposed WCRWSA


r>

M
aT






























12" \


Note: Meter and booster
station will be relocated,
as required, by WCRWSA
upon completion of New
Land O' Lakes Regional
WTP/TM by Pasco Co.


w*t'
0-
-~~ps'
-9obySP


US 41


u m a -u


16 "
--I m -


Lake Bridge


Pasco County WCRWSA [ Flow Meter "UU"I -rd-sCo
.- -- Pasco County Booste DATE: 02/109
Delivery Points Pg3 of 3 Coected PipeooStaY
Pg 3 of 3 Connected Pipes







I Keller I
SW.T.P.
I -, -. -I I

,-LA


gm.. mu
*I


- -(


NOTE: Meters (1) and (2) will be taken out of service
when Meter (3) and the Keller T.M. are completed.
Meter (4) and Proposed B.S. to be built by
Pinellas County as part of proposed hydrogen
sulfide control facilities, credited to county or
acquired by Authority.


Meter
54 (1)
54"- -ITu


I 42"
-- L----


Keller Interpace Replacement T.M.


Station


30"


42"


(2)


Pinellas CountyWCRWSA Connected Pipes
Pinellas Co n --- Pinellas County Flo M
-... -*Proposed WCRWSA I Flow Meter nAE: 02/10/
,^^ Delivery Points Proposed built by WCRWSA Proposed nRW..
Pg 1 of I I. and owned by Pinellas County Booster Station D s v ...









I 42"
I

S36' WTP
I Bypass Valve
Closed
I I .
II Cosme 60
W.T.P. 60

M
60"


L--- M--






NOTE: Meter 1 will be taken out of service
upon completion of Meter 2


"osme T.M.

42" Section South
4 I _. I 'd i


p 0


Meter
Cosme
M .- Odessa
w1 P;


-._ j.. -
-S
eter
1) 2
-*< -M_---< -i
*


36"


Northwest
Hillsborough
Regional
Wellfield


City of St. Petersburg WCRWSA Connected Pipes -----
City of St. Petersburg DEs 2/1,98
Delivery Points o -. Proposed WCRWSA DRAWN. I-
"___ pg IoflI .


I I







I I
* Future Odessa
W.T.P. and pipeline |
proposed by I
* Pasco County
I I
* *


4 M a S M -


S*Note: Disconnected after
Meter 3 is completed


i
I

I


II
*

I

Cypress Creek 84" T.M.


S B .U 5
U
I
U
I
S
I


Cypress Creek T.M.
Note: Meters (1) and (2)
and Booster Station will
be relocated, as required,
to Meter (3) location by
WCRWSA upon completion
of New Odessa Regional
WTP/TM by Pasco Co. Booster
Station will continue as a
stand alone or become integral
with new WTP, credited to
County or owned by Authority.


I



* ( 1

L. 4


r


Note: Meter(l) will be
removed by WCRWSA
upon completion of
New Odessa Regional
WTP/TM by Pasco Co.


Odessa


S Pasco County WCRWSA 0 Connected Pipes "LLcHU.m h.erd/Past.
D- Pasco County R Flow Meter DATE: 0210/98
S Delivery Points -ProposedPascoCo nty BoosterStation .
Pg I of 3 .BserSaion.. ..


--


/"' ("?j









EXHIBIT D


SUPPLEMENTAL WATER QUALITY PARAMETERS


Water supplied from the Authority's System shall be sampled annually at a
minimum, at the Point(s) of Connection for the following parameters. The Quality Water
definition and the supplemental parameters listed below define the water quality to be
provided by the Authority.

Contaminant Goal

Sulfides 0.1 mg/l
Total Hardness 300 mg/I as CaC03
Alkalinity 40 mg/I as CaCO3 (minimum value)

Note: Supplemental parameters are not currently included in S.F.D.E.P.
62-550.


The results of the annual sampling program shall be provided to all the Member
Governments in a report format. The cost of the annual sampling program shall be
borne by the Authority as an Operation, Maintenance and Administrative Cost to be
shared equitably among its Members. In the event that the annual sampling program
indicates the maximum contaminant level from the table is exceeded for one or more
parameter, the Authority shall follow the retesting and mitigative measures currently
defined in State and Federal regulations.

Within 60 days of February 23,1998, or the next following regularly scheduled
meeting of the Authority's Board of Directors, the Authority and Member Governments
shall propose a list of a minimum of 19 Supplemental Water Quality parameters and
assigned levels for Board approval. Such list, when approved by the Board, shall
supplement this Exhibit D. Any Member Government that does not concur with the
amended list of parameters or their assigned levels, shall be entitled to seek relief by
the arbitration process established in Section 19 of the Contract. The standards for the
arbitration process shall be:

1. Whether cost-effective alternative water supplies can be developed
consistent with Master Water Plan objectives, including diversity of supply
sources, and

2. Whether Quality Water delivered by the Authority would not cause a
particular Member Government utility to adopt new treatment techniques
beyond modified chemical dosages and/or optimization of existing unit
processes, to meet a moderately altered source of Quality Water.










In the event that a Member Government requests sampling for additional
parameters or an increase in sampling frequency, the cost associated with the sampling
will be borne solely by that Member Government and not by the Authority. If scheduling
permits, the Authority may provide the sampling services at cost to the Member
Government or the Member Government may perform the additional testing.

Sampling shall be conducted in accordance with the procedures defined in the
current regulations for the Primary and Secondary Drinking Water Standards and/or
according to Standard Methods, latest edition, for those parameters for which testing
procedures are not defined in the regulations.

The Authority shall evaluate each new supply element to ensure that:

1. Quality Water is provided that at a minimum, meets all Federal and State
drinking water quality standards with the exception of corrosion control
and disinfection so as to protect public health and safety and provide
water as aesthetically-pleasing as is currently supplied.

2. Individual Member Governments will continue to provide additional
treatment to meet their individual utility-specific water quality goals and
customer expectations for level of service.

3. Member Governments, acting through the Authority, may provide for
common water quality goal-related elective standards more stringent than
Federal and State drinking water standards, and.

4. Cost-effective alternative water supplies are developed consistent with
Master Water Plan objectives, including diversity of supply sources, and

5. Quality Water delivered by the Authority would not cause a particular
Member Government utility to adopt new treatment techniques beyond
modified chemical dosages and/or optimization of existing unit processes,
to meet a moderately altered source of Quality Water.

Prior to the initiation of any new supply element, a formal review against the
criteria set forth above shall be performed by the Authority to evaluate anticipated
finished water quality, impacts to existing system water supply quality, and impacts to
current member government-specific water treatment practices and costs. This review
shall include the presentation of an anticipated raw water operating schedule that
defines for each individual Member Government the predominant raw water source,
potential significant additional raw water sources, water quality parameters and
anticipated levels, and frequency of significant water quality changes.


T:\GENCONCL\SIMON\GENERAL\EX-D.DOC





EXHIBIT E


A

V


South-Centra_
Hillsborough


uhia 3Z








EXHIBIT F


West Coast Regional Water Supply Authority

Unitary Rate for Fiscal Year 1998
Original Scenario (Revised based on January 12,1998 Workshop)


Projected
Expenditures FY 1998
Debt Service for Existing Facilities $ 8,589,717
Salaries and Wages $ 5,639,326
Professional, Legal and Other Services $ 7,837,434
Other Operating Costs $ 11,206,815
Non-Oper. Project Expenses & Capital Equipment $ 753,079

Annual Credit for Acquired Facilities, Land and Treatment Allowance $ 17,293,313
Debt Service for Capital Improvement Projects $ 2,467,234

Less Revenues from TBC (15 mgd @ $0.08/1,000 gallons) $ (438,000)
Additional Professional and Legal Services (Acquired Facilities) $ 3,325,000
Less Contribution from Regional System Fund Balance $ (4,557,716)

TOTAL PROJECTED EXPENDITURES $ 52,116,203


West Coast Regional Water Supply Authority
Water Demand Projection



Projected
Water Consumption Projection FY 1998
Hillsborough County 34.13
City of Tampa (See Note 1) 5.00
Pasco County 14.66
City of New Port Richey 3.95
Pinellas County 68.89
City of St. Petersburg 37.50
TOTAL PROJECTED WATER DEMAND (MGD) 164.13

Projected Unitary Water Rate $/1000 gallons $ 0.87

Note:
[1] For Unitary Rate Budget purpose, it is assumed that the City of Tampa will receive:
>> 15.0 mgd of untreated surface water (TBC) @ $0.08/1,000 gallons
>> 5.0 mgd of ground water from the Authority's other water supply facilities


Page 1


3/3/98








1 EXHIBIT G
2
3
4 TERMINATED AGREEMENTS
5
6
7 (1) Transmission Line Agreement by and between St. Petersburg and Pinellas
8 dated July 10, 1973
9
10 (2) Agreement for Development and Operation of the Cypress Creek Wellfield
11 by and between Pinellas, Pasco and St. Petersburg dated August 30,1974
12
13 (3) Interlocal Agreement Creating WCRWSA dated October 25, 1974 and First
14 Amendment dated May 31, 1977
15
16 (4) Agreement by and between Pinellas and Pasco Water Authority, Inc. dated
17 July 7, 1976 and Addendum dated January 1, 1977
18
19 (5) Agreement by and between Pinellas and Pasco Water Authority, Inc. dated
20 January 11, 1977
21
22 (6) Cross Bar Ranch Wellfield Agreement by and between Pinellas and
23 WCRWSA dated November 8, 1977
24
25 (7) Cross Bar Ranch Wellfield Water Supply Agreement by and between
26 Pinellas and WCRWSA dated April 11, 1979 and Amendment dated January 29, 1980
27
28 (8) Agreement by and between Hillsborough and WCRWSA dated August 28,
29 1980
30
31 (9) Agreement by and between St. Petersburg and WCRWSA dated
32 September 17, 1980
33
34 (10) Water Supply Contract for Hillsborough County by and between Hillsborough
35 and WCRWSA dated November 10, 1981, along with First Amendment dated August 11,
36 1982, Second Amendment dated November 23, 1983, Third Amendment dated
37 November 6, 1985, Fourth Amendment dated November 6, 1985, Fifth Amendment dated
38 October 4, 1989, Sixth Amendment dated December 6, 1989, Seventh Amendment dated
39 April 4, 1990, Eighth Amendment dated January 22, 1992, Ninth Amendment dated
40 October 6, 1993, Tenth Amendment dated April 5, 1995 and Eleventh Amendment dated
41 February 21, 1996
42
43 (11) Water Exchange Contract by and between St. Petersburg and WCRWSA
44 dated December 4, 1981 and First Amendment dated April 14, 1984


G-1





4. a.


1 EXHIBIT H
2
3
4 SURVIVING AGREEMENTS
5
6
7 (1) Exclusive Water Purchase Agreement by and between Pasco, S.C. Bexley,
8 Angeline Corporation, and L.S.B. Corporation dated August 25, 1983
9
10 (2) Clarification and Reaffirmation of and Assignment of St. Petersburg to the
11 WCRWSA of Any and All Causes of Action in Connection with the Development and
12 Construction of the Cypress Creek Transmission Main dated June 19, 1989
13
14 (3) Clarification and Reaffirmation of and Assignment of Pinellas to the
15 WCRWSA of Any and All Causes of Action in Connection with the Development and
16 Construction of the Cypress Creek Transmission Main dated June 19, 1989
17
18 (4) New Water Source Funding Agreement between SWFWMD and Tampa for
19 the Tampa Water Resource Recovery Implementation Program (F009) dated May 21,
20 1995 and Amendment dated September 30, 1996 and Second Amendment dated
21 November 6, 1997
22
23 (5) New Water Source Funding between WCRWSA and Tampa for the Tampa
24 Water Resource Recovery Implementation Program (F009) dated June 19, 1995 and
25 Amendment dated September 30, 1996
26
27 (6) Tampa/Hillsborough County Interconnect Water Supply Agreement by and
28 between WCRWSA and Tampa dated January 21, 1998
29
30








EXHIBIT I


MODIFIED AGREEMENTS


j1j Morris Bridge Wellfield Agreement by and between SWFWMD. the
Hillsborough River Basin Board and Tampa dated April 22. 1970

Starkey Wellfield Agreement by and between SWFWMD and New Port
Richey dated August 16. 1972

:3 Cypress Creek Wellfield Agreement by and between SWFWMD. SWFWMD
(Regulatory). Pinellas. Pasco and St. Petersburg dated November 14. 1973

L4] Starkey Wellfield Agreement by and between SWFWMD and New Port
Richey dated March 26. 1974 and Supplemental Agreement dated July 16. 1974

5 Easement Agreement by and between SWFWMD and Tamoa dated
October 8. 1975

6 Cvypress Creek Wellfield Agreement by and between St. Petersburg and
WCRWSA dated November 22, 1976

M7W Cypress Creek Wellfield Agreement by and between Pinellas and WCRWSA
dated November 22. 1976

U8 Starkey Wellfield Addendum Agreement by and between SWFWMD and
New Port Richey dated March 2. 1977

09) Cypress Creek Wellfield Agreement by and between Pasco and WCRWSA
dated March 22. 1977

(10) Starkey Wellfield Agreement by and between Pasco and New Port Richev
dated August 31. 1978

(11) Water Transfer and Management Agreement by and between SWFWMD.
New Port Richey and WCRWSA dated December 15. 1981

(12) Cvyress Creek Wellfield License Agreement by and between SWFWMD and
St. Petersbura dated March 18. 1991 and First Amendment dated March 1. 1993

(13) Starkey Wellfield License Agreement by and between SWFWMD and
WCRWSA dated May 17. 1993








1 (14) Cypress Creek Wellfield License Agreement by and between SWFWMD and
2 St. Petersburg dated March 18, 1991 and First Amendment dated March 1, 1993
3
4 (15) Starkey Wellfield License Agreement by and between SWFWMD and
5 WCRWSA dated May 17, 1993








EXHIBIT J


SUPERSEDED AGREEMENTS


(1) Interlocal Agreement by and between Tampa and Hillsborough dated
June 26, 1979

(2) Interlocal Agreement by and between Hillsborough and WCRWSA for
Financing the Acquisition of the Cone Ranch dated February 17, 1988









EXHIBIT K


FORM OF ANNUAL REPORT


A. SHORT TERM FORECAST
Water Service demand for the next five (5) fiscal years at each of your
delivery points and any proposed new delivery points.
1. Average Daily Flow Rates
2. Maximum/Peak Daily Flow Rates
3. Maximum/Instantaneous/Peak Hour Flow Rates (if applicable)
4. Pressure (PSI)
5. Water System Storage Capacity (mg)

B. LONG TERM FORECAST
Anticipated Water Service demand for the next twenty (20) fiscal years at
each of your delivery points and any proposed new delivery points (in five
year increments).
1. Average Daily Flow Rates
2. Maximum/Peak Daily Flow Rates
3. Maximum/Instantaneous/Peak Hour Flow Rates (if applicable)
4. Pressure (PSI)
5. Water System Storage Capacity (mg)

C. SUPPORTING OPERATIONAL INFORMATION
Please indicate any changes that have or may occur to the following, and
provide maps of the changes if available (hard-copy or digital).
1. Points of Connection (including connections with other member
governments)
2. Pumping Station/Water Treatment Plant (Facility) Information

D. SUPPORTING PLANNING INFORMATION
Please provide the following data in total and for each of your water service
areas (demand planning areas).
1. Per Capita Use
2. Water Conserving Rate Structure
3. Water Audit Program
4. Residential Water Use
5. Reclaimed Water Use
6. Population Estimates (functional service population)
7. Changes to Service Area boundaries (text description and map)


T:'RESDEVLP\DEVELP\DYEANNUALRE




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