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Home My WebLink About3614RESOLUTION NO. 3 6 1 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE AN EMERGENCY WATER SYSTEM INTERTIE AGREEMENT BETWEEN THE CITY OF AUBURN AND KING COUNTY WATER DISTRICT NO. 111 WHEREAS, Auburn and King County Water District No. 111 have legal authority to exercise their powers and perform any of their functions as set forth in RCW 39.34, the Interlocal Cooperation Act; and WHEREAS, pursuant to RCW 39.34, Auburn and King County Water District No. 111 have legal authority to cooperate with other localities on the basis of mutual advantage and provision of services; and WHEREAS, the City of Auburn and King County Water District No. 111 currently have water facilities in the vicinity; and WHEREAS, both agencies can increase fire protection and emergency water supply reliability for their customers; and WHEREAS, both agencies are willing to provide the necessary services to increase fire fighting and emergency supply reliability upon the terms and conditions set forth in the Emergency Water System Intertie Agreement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Resolution No. 3614 May14,2003 Page 1 Section 1. Pursuant to RCW 39.34, the Interlocal Cooperation Act, Auburn and King County Water District No. 111 have legal authority to cooperate with other localities on the basis of mutual advantage and provision of services. Section 2. The Mayor is hereby authorized to execute an Emergency Water System Intertie Agreement between the City and King County Water District No. 111 in the form substantially as the agreement attached hereto, marked as Exhibit "A" and incorporated herein by this reference. Section 3. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 4. That this Resolution shall take effect and be in full force upon passage and signatures hereon. Resolution No. 3614 May 14, 2003 Page 2 DATED this ¢:- day of --~) ct-'c-rc_ ,2003. CITY OF AUBURN ATTEST: ,..-'ldE'TIEI~ B. LEWI--~ MAYOR Dahielle E. Daskam, City Clerk APPROVED AS TO FORM: ~1~ Heid, City Attorney Resolution No. 3614 May 14, 2003 Page 3 EXHIBIT "A" EMERGENCY WATER SYSTEM INTERTIE AGREEMENT Water District No. 111/Auburn Intertie Agreement No. 1 THIS AGREEMENT made and entered into by and between the City of Auburn, hereinafter referred to as Auburn, and the Water District No. 111, hereinafter referred to as the District, for the purposes of maintaining and operating emergency system interties between the respective parties. / WlTNESSETH: WHEREAS, Auburn and the District executed an interlocal agreement regarding the Duberry Hill Development Project on July 17, 2000; and WHEREAS, Section I(b) of that agreement states that a new interlocal agreement shall be adopted for the operation of the emergency interties established under that agreement; and WHEREAS, both Auburn and the District have water facilities in the vicinity, and WHEREAS, the District can increase fire protection and emergency water supply reliability for their customers in the Duberry Hill development, and WHEREAS, Auburn can increase fire protection and emergency water supply reliability for their customers in the vicinity of the Duberry Hill development when the District connects the development to the District water system, and WHEREAS, Auburn and the District are willing to provide the necessary services to increase fire fighting and emergency supply reliability upon the terms and conditions set forth herein, NOW, THEREFORE, IT IS MUTUALLY AGREED as follows: Interlocal Agreement regarding the Duberry Hill Development Project between the City of Auburn and Water District No. 111, dated July 17, 2000 and adopted by City of Auburn Resolution No. 3237 is hereby superceded by this Agreement. The emergency water system interties are to be operated manually as a emergency supply whereby Auburn can supply water to the Duberry Hill development for the District and the District can provide water to the Aubum system once the District connects it's system to the Duberry Hill development. There are two intertie facilities, which are located near the intersection of 124th Avenue SE and SE 300th and the intersection of 127th Place SE and SE 300th at the Water Service Area Boundary between Auburn and the District. Page 1 of 4 Exhibit "A" Resolution No. 3614 = The emergency water system interties shall be closed during nOrmal operating conditions and will be opened only with prior authorization by Aubum or the District in the event of an emergency. For purposes of this agreement, an emergency shall be defined as resulting'from a'Water shortage (not to exceed seven (7) calendar days), 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 agreed upon emergency within the water supply system. The two valves that constitute the emergency water system interties and all piping leading up to the valves from the Auburn distribution system shall be owned and maintained by Auburn. All piping leading up to the valves from the District distribution system shall be owned and operated by the District. The procedure for operating the intertie in the event of such emergency shall be as follows: Auburn or the District shall determine that an emergency of sufficient magnitude has occurred which warrants the need to request that the intertie be activated. B= Authorized personnel shall provide a verbal request to the system that will be supplying the water. 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. Personnel from Auburn and the District shall be present to activate the valve(s). The party .requesting emergency water 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. The intertie shall remain activated until the party requesting emergency water determines that the need for activation of the emergency intertie has ceased and shall request in writing that the intertie be closed. In case of emergency or whenever the public health, safety, or the equitable distribution of water so demands, either party may change, reduce or limit the time for or temporarily discontinue the supply of water without notice; water service may be temporarily Page 2 of 4 interrupted, limited for purposes of making repairs, extensions or doing other necessary work; and shall not be responsible for any damage resulting from interruption, change or failure of the water supply, and the receiving party shall save and hold harmless the providing party from any loss, damages or suits to or by customers of the receiving party resulting from interruption, change or failure of water supply provided by this Agreement, except damages arising out of the providing party's negligence. Prior to a planned interruption or limiting of service, the providing party will notify .the receiving party of such not less than three days prior to the service disruption. The providing party agrees to use best efforts and reasonable diligence to notify the receiving party as soon after it becomes aware of the need for service disruption and further will, to the extent practical, limit the service disruption to daylight hours. To the extent allowed by law, the District shall defend, indemnify, and hold harmless Auburn, 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 District, its employees, agents, and contractors in the performance of the District's obligations under this Agreement. This indemnification provision shall include, but is not limited to, all claims against Auburn by an employee or former employee of the District or its contractors and, as to such claims, the District expressly waives all immunity and limitation of liability under Title 51 RCW. To the extent allowed by law, Auburn shall defend, indemnify and hold harmless the District, 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 or whatsoever kind or nature arising our of, in connection with or incident to an act or omission of Auburn, its employees, agents, and contractors in the performance of Aubum's obligations under this Agreement. This indemnification obligation shall include, but is not limited to, all claims against the District by an employee or former employee of Auburn or its contractors and, as to such claims, Auburn expressly waives all immunity and limitation of liability under Title 51 RCW. This Agreement shall remain in force until terminated by either party hereto upon 60-days written notice to the other party. Page 3 of 4 IN WITNESS WHEREOF, we have hereunto set our hands and seals. CITY OF AUBURN King County, Washington Mayor Date WATER DISTRICT NO. 111 King County, Washington City Att'Or-ney Da-~. By: Approved as to form: General Counsel Date H:\WQWATER UTILITY~INTERTIES\WD111\DUBERRY EIA 051403, DOC Page 4 of 4