Action 3.
Flood Control District Meeting -10:00 a.m.
- Meeting Date:
- 10/13/2026
- Title:
- Mutual Termination Agreement between Cochise County and the City of Bisbee, Bisbee Wastewater Effluent
- Submitted By:
- Lara Loewenheim, Board of Supervisors
- Department:
- Board of Supervisors
Presentation:
No A/V Presentation
Recommendation:
Document Signatures:
# of ORIGINALS
Submitted for Signature:
Submitted for Signature:
NAME
of PRESENTER:
of PRESENTER:
Joe Casey
TITLE
of PRESENTER:
of PRESENTER:
Deputy County Administrator
Mandated Function?:
Source of Mandate
or Basis for Support?:
or Basis for Support?:
Information
Agenda Item Text:
Approve a Mutual Termination Agreement between Cochise County and the City of Bisbee, terminating the Agreement for the Sale and Purchase of Bisbee Wastewater Effluent dated November 19, 2024.
Background:
On November 19, 2024, the Cochise County Board of Supervisors approved an Agreement for the Sale and Purchase of Wastewater Effluent with the City of Bisbee to provide effluent for a proposed recharge project in the southern portion of the San Pedro Riparian National Conservation Area (SPRNCA).
The original agreement established the terms for the purchase and delivery of wastewater effluent, including responsibilities associated with the infrastructure necessary to transport the effluent to the recharge project.
The City of Bisbee and Cochise County have mutually determined that terminating the agreement is in their respective best interests. Section 18.1 of the original agreement allows for termination by mutual written agreement of both parties.
The proposed Mutual Termination Agreement releases both parties from further obligations under the original agreement, except for certain provisions that expressly survive termination. The agreement also acknowledges that neither party owes the other any payments, reimbursements, damages, or other monetary obligations related to the original agreement. The release of claims is subject to exceptions for certain previously unknown liabilities.
The termination will become effective upon approval and execution by both parties.
The original agreement established the terms for the purchase and delivery of wastewater effluent, including responsibilities associated with the infrastructure necessary to transport the effluent to the recharge project.
The City of Bisbee and Cochise County have mutually determined that terminating the agreement is in their respective best interests. Section 18.1 of the original agreement allows for termination by mutual written agreement of both parties.
The proposed Mutual Termination Agreement releases both parties from further obligations under the original agreement, except for certain provisions that expressly survive termination. The agreement also acknowledges that neither party owes the other any payments, reimbursements, damages, or other monetary obligations related to the original agreement. The release of claims is subject to exceptions for certain previously unknown liabilities.
The termination will become effective upon approval and execution by both parties.
Department's Next Steps (if approved):
Upon approval, the Chairman of the Board of Supervisors will execute the Mutual Termination Agreement. The fully executed agreement will be maintained in the County's official records.
Impact of NOT Approving/Alternatives:
If the Board does not approve the Mutual Termination Agreement, the original Agreement for the Sale and Purchase of Wastewater Effluent will remain in effect, and the parties will continue to be subject to its terms and obligations unless otherwise terminated in accordance with the agreement.
To BOS Staff: Document Disposition/Follow-Up:
Upon approval, the Chairman of the Board of Supervisors will execute the Mutual Termination Agreement. The fully executed agreement will be maintained in the County's official records.