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HomeMy WebLinkAbout4596 RESOLUTION NO. 4596 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN; WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN EMERGENCY WATER SYSTEM INTERTIE AGRE-EMENT BETWEEN THE CITY OF AUBURN AND THE CITY OF BONNEY LAKE . WHEREAS, pursuant to RCW 39.34, the Interlocal Cooperation Act, Aubum and Bonney Lake have legal authority to cooperate with other.localities on the basis of mutual advantage and provision or services; and WHEREAS, the Cities have previously entered into an Emergency Water System Intertie Agreement in order to increase fire protection and emergency - water supply reliability for their customers; and . WHEREAS, the Cities are willing to continue to provide these necessary services to increase fire fighting and emergency supply reliability; and WHEREAS, the Cities wish to enter into a new Intertie Agreement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. The Mayor and City Clerk of the City of Aubum are hereby authorized to execute an Emergency Water System Intertie Agreement with the City of Bonney Lake in substantially the same form as attached hereto as , Exhibif "A," which is made a part hereof as though set forth in full herein. Resolution 4596 May 3, 2010 Page 1 Section 2. Implementation. The Mayor is hereby authorized to implement such administrative proced.ures as may be necessary to carry out the directives of this resolution. Section 3. Effective Date. This Resolution shall take effect and be in full force upon passage and signatures hereon. Dated and Signed this day of 1(Yl d4, , 2010. - UBU P TER B. LEWIS MAYOR ATTEST: ~ Danielle E. Daskam, City Clerk 7 APP E S TO F RM: niel B. H `d, City Attorney Resolufiorr 4596 May 3, 2010 . Page 2 EMERGEIdCY WATER SYSTEM INTERTIE AGREEMENT Bonney Lake/Auburn THIS AGREEMENT made and entered into by and between the City of Aubum, ("aubum"), and, the City of Bonney Lake, ("Bonney Lake"), for the purposes of planning, designing, . constructing, maintaining, and operating an emergency system intertie between the respective parties, WITNESSETH: WHEREAS, both Cities have water #acilities in the vicini#y, and WHEREAS, both Cities can increase fire protection and emergency water supply reliability for their customers, and WHEREAS, the Cities are willing to provide the necessary services to increase fire-fighting and emergency supply reliability upon the terms and conditions set forth herein, NOW; THE92EFORE, tT IS MUTUALLY AGREED as follows: 1. The emergency water system intertie is designed to be operated manually as a two way emergency supply between the Aubum and Bonney Lake Systems. The facility is located in Evergreen Way SE at the Water.8ervice Area Boundaries between the two cities. The primary purpose ofi the intertie is 4o, provide water ducing an emergency. -For purposes of this agreement, an emergency shail be defined as resulting from a water shortage, a major water ifie break, fire demand, contamination to the. water supply system, mechanical equipment failure, electrical equipment failure or Puget $ound Energy facility failure, or any other'agreed upon emergency within the water supply system. The maximum duration of an emergency is seven (7) days. However, in certain situations such as prolonged equipment repair, the intertie may need to be open for longer than seven (7) days. The party requesting the extended use of the intertie shall notify #he other party of this need forty eight (48) hours before the end of the eme enc and shall provide the other party a written estimate of how ong it intends to take water as soon as practicable. Tacoma Intertie Operation: At times, in orderto meet its own water supply demands as well as Aubum's, Bonney Lake may need to activate its emergency intertie agreement . with ,Tac9ma Public Utilities ("TPU"). Aubum agrees that while the TPU Intertie is open that water flowing , Page1 of5 ~ i 'I ( ' f through the Aubum/Bonney Lake intertie shall be assumed fo be TPU water. Aubum shall be held to the same conditions as Bonney Lake in its Wholesale Water Agreement with TPU. Water supplied to Bonney Lake by TPU during peak demand periods requires a matching amounf of use - during the las# quarter of the year in o,rder to qualify for wholesale consumption rates versus higher rates used during peak demand periods. Aubum shaii purchase water during the last quarter of the year from Bonney Lake and TPU until this cAnsump#ion formula is satisfied. For purposes of satisfying the consumptfon formula, the water supplied to Aubum during the last quarter of the year is not to tie used solely for peak demand periods; rather it is to be used for non-recurring malntenance and _ repair purposes, preferaaly not during peak demand periods. 2. Aubum will own and maintain the piping, interior equipment, meter and interior: appurtenances, and all piping up to the Bonney Lake side of the vault for the metering station. 3. Bonney Lake will own and maintain the exterior appurtenances and all piping on Bonney Lake's side of the vault. 4. Each City will each have unlimited access to the vault via a dual padlock - or ownership of keys to the vault. 5. Each Cify wi8 operate its respective normally :locked valve inside of the vauit. A_ubum will soleiy unlock and operate the locked valve on Aubum's side of the me#er and Bonney Lake will solely unlock and operate the locked valve on Bonney Lake's side of the meter: 6. The. procedure for operating the intertie in the event ofi such emergency shall be as follows: A. Each City.,shall determine that an emergency as defined in this Agreement has occurred which waRants the need to request that the intertie be act(vated. B. The Public Works Director or designee of the requesting party shall provide a verbal request to the other City's Public Works Direcfor or designee. Upon agreement that an emergency exists which shall allow for the intertie to be opened, the intertie will be activated as soon as reasonably possible. Bofh Cifies' personnel shall be present at the vaulf to open the valves fo activate the facility. Page 2 of 5 C. The City requesting the activation shall provide a: written confirmafion of the request not less than 24 hours aftec the verbal request, or on the first day of normal business after the verbal request. 7. The intertie shall remain activated until the City requesting activation determines; that the need for activation of the emergency intertie has ceased and shall request in writing to close the intertie. 8. In case of emergency oc whenever the public health; safety, or the equitable distribution of water so demands; the City supplying the water may change, reduce or limit the time for or temporarily discontinue the supply of water without notice; water service may be temporarily interrupted, limited for purposes of making repairs, extensions or doing . other necessary work. The City' supplying the . water shall not be , responsible .for any damage resulting from"interruption, change or failure of the water supply, and `the"City receiving :the water (Cify requesting activation) shall save and hold harmless the City supplying the water from any loss, damages or suits to or' by customers of the City receiving fhe water resulting , from interruption, change . or failure ofi water, supply: provided by this Agreement, except damages arising out of the City supplying the water's negligence. Prior to a planned interrupfion or limiting of service; 'the City supplying the water wilf notify the City receiving the water of such not less than three days prior to the servlce disruption. The City supplying the water agrees to use best efforts and reasonable diligence to : notify the City receiving the water as soon after it becomes : aware of Uie need for senrice disruption and further will, to the extent practical, limit the service disruption to daylight hours. . 9. Aubum and Bonney Lake staff shall read fhe meter upon activation and upon deactivation of the intertie: The city swpplying the water shall verify - the information and shall then calculate and invoice the other city for the water used during the request. The invoice shall be calculated by:the total water used during the event. , 10. The rate paid foT water shall be determined by one of three scenarios under which water is taken through the intertie. The scenarios are described as follows: A. Ememencv V1later. This is short term water taken over a period not to :exceed seven (7) days. This rate relies on locally produced water and, d.oes not include TPU intertie water. The rate for this ; scenarfo shai1 be at the; fowesf current Aubum or 6orrney I~ke ~ ResPdential RatB for service outsPde City.boundartes depsnding «3ia i whieh dty is supplyin9 the water: Ttais: shalf be comp#ete payment #ar #hewater, labar,:and adrnini~trat'ion' nf a~ctivatfng i~e fntet'tfe. ' j. I Rage 3 of 5 . ~ ~ ~ , i i i I B. Prolonged Eauipment Repair Water. This water is taken over a period exceeding seven (7) days as needed to complete lengthy repairs. The rate for this scenario shall be at the Aubum or Bonney Lake Residential Rate actually charged` for service outside City boundaries depending on which cify is selling the water pius 10%. This shall be complete payment for the.water, labor, and administration of activating the intertie: i I C. TPU Intertie Water: If Bonney Lake needs to open the TPU intertie to meet system demands whils Aubum is taking waterfrom Bonney ~ Lake then all water flowing to Aubum as measured by the I Aubum/Bonney Lake intertie meter shall..be considered TPU wafer. The rate for TPU water shall be the wholesale. rafe set forth in Tacoma Municipal Code 12.10:400, as eurrently adopted by the ~ Tacoma Pubfic Utility (TPU) Board;:and Tacama City Councii. In this ~ scenario only the TPU rate with an additive wheeling fee shall apply I regardless of the time the intertie is . activated. When the TPU i Intertie is opened or closed to support Aubum, Bonney Lake shall ~ notify Aubum that same day. Aubum understands that Bonney Lake will incur additional costs when #hey activate the TPU intertie. The eosts include but are not limited to increased.system operation costs i.e. pumping treatment and sampling; and administrative costs such as meter reads, and ' Tacoma and Aubum accounting and billing. Since these costs are not easily separated frorn normal water system operation costs, Bonney Lake and Aubum agree that these, costs be compensated using a"Wheeling" fee. The Wheeling fee shall be calculated as percentage of the total cost of the wrater taken thcough the Aubum/Bonney Lake intertie meter. The Wheeling fee rate shall be 15% of the total cost of TPU water taken by Aubum. Not later than 30 days after the Bonney Lake/TPU intertie is deactivated, Bonney Lake will submit a reconciliation bill for the quantity of water supplied to Aubum during the period the Bonney. Lake/Aubum intertie is activated. In addifion, Bonney Lake reserves - the right to request monthly reimbursement if the intertie remains open for a prolonged period. -11. Each City is responsible for associated staff, administration and legal costs associated with the implementation of the agreement. 12. To the extent allawed by law, each party shall defend, indemnify, and hold harmless the other party, its elected officials, employees and agents from and againsf any and afl suits, claims, actions, lo5ses, costs, expenses of litigation, attomey's fees, penalties and damages of whatsoever kind or Page 4 of 5 nature arising out of or in connection with or incident to an act or omission of the indemnifying party, its employees, agents, and contractors in the performance of the indemnifying party's obligations under the Agreement and this Amendment. Thls indemnification provision shalF include, but is not limited to, allclaims against each party by an employee or former employee of the indemnifying party or its contractors and, as to such claims, each party expressly waives all immunity and iimitation of liability under Title 51 RCW. - 13. This Agreement shall remain in force until terminated by either party hereto upon 60-days written notice to the other party. . 14. This Agreement contains the errtire agreement of the parties with respect to the subject matter of this Agreement, and supersedes aU prior negotiations, agreements and understandings with respect thereto. This : Agreemenf may only be amended by a written document duly executed by all parties. IN WITNESS WHEREOF, we have hereunto set our hands and seals. CITY OF AUBURN CfTY OF BONNEY LAKE Kin Pieroe Co ty, ashington By: 2 ~ gY: - ~ W N Peter B Lewis, Mayor Date Neil Jo nso , Jr., yar Date Aft f~ AHarwoo4odT. Mervate Danielle Daskam, Cify Cler Date Edvalson, C' Approv as to form: Approved as to form: B : gy: Darnel B. id, Cify Atto y ate James J. Dionne, City ftmey Date Page S of 5 i I i