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Home My WebLink About4649 RESOLUTION NO. 4649 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING - THE MAYOR AND THE CITY CLERK TO EXECUTE AN EMERGENCY WATER SYSTEM INTERTIE . AGREEMENT BETWEEN THE CITY OF AUBURN AND THE LAKEHAVEN UTILITY DISTRICT WHEREAS, pursuant to RCW 39.34, the Inferlocal Cooperation Act, Auburn and Lakehaven have legal authority to cooperate with other localities on the basis of mutual advantage and provision or secvices; and WHEREAS, the parties wish to enter, into an Emergency Water System Intertie Agreement in order to increase fire proteetion and emergency watec supply reliability for their customers; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, HEREBY RESOLVES as follows: Section 1. That the Mayor and City- Clerk are hereby authorized to execute an Emergency Water System Intertie Agreement with the Lakehaven Utility District in substantially the same form as attached hereto as Exhibit "A," which is made a part hereof as #hough set forth in full herein. Section 2. That the Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. That this Resolution shall take effect and be in full force upon passage and signatures hereon. Resolution No. 4649 October 12;.2010 Page 1 of 2 ~ . ,2009 Dated and Signed this day of j,~ .~,c~i~ . C Y OF AUBURN P TER B. LEWIS MAYOR ATTEST: ~ - Danielle E. Daskam, City Clerk APPROVED AS TO FORM: ~ Daniel B. Heid, City Attomey Resolution No. 4649 October 12, 2010 Page 2 of2 . • EMERGENCY WATER AGREEMENT Lakehaven/Auburn Intertie No. Z THIS AGREEMENT made and entered into by and between the City of Auburn, hereinafter referred to as City, and Lakehaven Utility District, hereinafter referred to as "District". WITNESSETH: WHEREAS, the City has water facilities in the vicinity of a water main of the District, and WHEREAS, the City can increase water system reliability in emergencies for its customers if water is available from the District, and WHEREAS, the District is willing to provide to the City water service necessary to increase the water system's reliability upon the terms and conditions set forth herein, NO.W, THEREFORE, IT IS MUTUALLY AGREED as follows: 1. The District hereby giants to the City the right, to connect a water meter and flow control valve, and appurtenances to the end of the 6-inch water main located in a vault near, the intersection of Knickerbocker Road and Abby Drive in King County, Washington. 2. The meter and flow control valve described in Paragraph No. 1 is installed to increase ' the reliability of the City water system to meet demand during emergencies. 3. For purposes of this agreement, "emergency " shall mean a water shortage, a major water line break, fire demand, contamination to the water supply system, mechanical equipment failure, electrical equipment failure or Puget Sound Energy facility failure, or any other event agreed upon between the Parfies.. 4. The procedure for operating the intertie in the event of such an emergency shall be as follows: a. The City and District shall each determine that an emergency has occurred that warrants the need to request that the intertie be activated. b. The Public Works Directoror designee of the City shall provide a verbal request to the District General Manager or designee stating the requested time of commencement, and estimated duration and quantity of water to be so used. Upon verbal agreement:by the District that an emergency exists; the intertie will be October 12, 2010 Page 1 of 4 activated as soon as reasonably possible. -District and City personnel sha11 be present atthe vault to activate the facility. C. The City shall provide a written confirmation of the request not less than 24 hours after the verbal request, or on the first day of normal business after the verbal request. d. Subject to condition in paragraph 10, the intertie sha11 remain activated until the City'deterinines that the need for activation of the emergency intertie has ceased. The Public Works Director or designee of the City shall proVide a verbal request to the District GenerallVlanager or designee that the, intertie be closed, The City shall provide written,confirmation within 24 hours`after the verbal request, or on the first day of normal business after the verbal request. e. This emergency intertie facility is limited to a maximum flow-rate of 800-GPM (gallons-per-minute). 5. The City and District staff shall read the meter upon activation and deactivation of the intertie. The District sha11 tfien calculate and invoice the City for the water used during the request. The invoice shall be calculated based on the total water used during the event. • 6. The City shall comply with a11 District resolutions and rules relating to connection to the District's water system, unless modified by this agreement. 7. The City shall pay to the District the.same connection fee, rates and chazges and monthly service charges, except for capifal facilities chazge, as are established from time to time by District resolution and as aze applicable to the use of a six (6)-inch meter. The current monthly service charge'for a six (6)-inch meter is $287.04 per month. The current rate for water use is $ 1.24/ccf for.winter usage (November - June) and $ 2.56/ccf for ~ summer usage (July - October) and these rates shall be in effect until such time as the District amends its rate resolution or until a meter of different size is utilized. 8. This Agreement shall not autliorize or permit the City to take water from the connection described herein beyond what is described in Paragraph No. 4. 9. All costs of the meter and flow control installation including, but not limited to, time . arid materials expended on improvements pursuant to this Agreement, shall be fully reimbursed by the City. Any materials provided shall become the property of the District upon completion of installation: .10. (a.) In case of emergency or whenever the public health, safety, or the equitable distribution of water so demands, the District may change, reduce or limit the delivery rate or time, or temporarily discontinue the emergency water connection to the City October 12, 2010 Page 2 of 4 without notice; (b.) Water service may be temporarily interrupted, iimited for purposes of making repairs, extensions or doing other necessary work; and (c.) The District sha11 not be responsible for any damage resulting from interruption, change or failure of the emergency water connection, and the City sha11 save and hold hannless the District from any loss, damages or suits to or by customers ofthe City resulting from interruption, change or failure of water supply provided by this Agreement, except damages arising out of the District's negligence. Prior to a planned interruption or limiting of service, the District will notify the City of such not less thanthree days prior to the service disruption. The Districf agrees to use best efforts and reasonable diligence to notify City as soon after it becomes aware of the need for service disruption. 11. To the extent allowed by law, each party sha11 defend, indemnify, and hold harmless the other party, its elected officials, employees and agents from and against any and all suits, claims, actions, losses, costs, expenses of litigation, attorney's fees, penalties and damages of whatsoever kind or 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 obligatioris under the Agreement. This indemnification provision shall include, but is not limited to, all claims 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 limitation of liability under Title 51 RCW. 12. In the event of non-performance of any provision herein by the City, District may shut off water supplied pursuant to tlus Agreement. 13. This Agreement may be terminated by either party hereto upon 60-days written notice to the other party. - IN WITNESS WHEREOF, we have hereunto set our hands and seals. CITY OF AUBURN LAKEHAVEN UTILITY DISTRICT King County, V 'ngton King County,. Washington ~ gy: «<<V~ W By: - l % IVlayor Date General Manager Date 'o October 12, 2010 Page 3 of 4 . y _ . Approved as to form: Approved as to form: j. By: By: ` I - i eCounsel Date October 12; 2010 Page 4 of 4