HomeMy WebLinkAboutITEM VIII-B-4
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AGENDA BILL:APPROVAL FORM
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Agenda Subject: Date:
Resolution No. 4596 A ril 27, 2010
DeparCment: Attachments: Budget Impact:
Public Works Resolution No. 4596 and Exhibit "A" $ 0
A reement
Administrative Recommendation:
Ci Counc'il ado t Resolution No. 4596.
Background Summary:
Resolution No. 4596.authorizes the Mayor and City Clerk to execute an Emergency Water System Intertie
Agreement befinreen the City of Aubum and the City of Bonney Lake.
The Cities ofAubum and Bonney Lake haye previously entered into an Emergency Water System intertie -
Agreement in order to increase flre protection and emergency water supply reliability for their customers.
The Cities want to continue fo provide #hese necessary services to increase fire fighting and emergency
supply reliability antl wish to enter into a new Intertie Agreement that more closely reflects the current
needs of both parties.
The new agreementaddresses in more detail the scenarios under which either City would provide
emergency or extended water service to the other jurisdiction. It also addresses compensation to the City
providing water in a mannerthat would cover actual costs.
W0503-6
04.11
Reviewed by Council8 Committees: Reviewed by Departments & Divisions:
❑ Arts Commission COUNCIL COMMITTEES: ❑ Building p M&O
❑ Airport p Finance ❑ Cemetery ❑ Mayor
❑ Hearing Examiner [I Municipal Serv. 0 Finance ❑ Parks
O Human Services ❑Planning 8, CD ❑ Fire ❑ Planning
❑ Park Board OPublic Works ❑ Legal ❑ Police
❑ Planning Comm. ❑ Other ~ Public 1lVorks ❑ Human Resources
Action:
, Committee ApprovaL• E]Yes ❑No
Council Approval: ❑Yes ❑No Call for Public Hearing
Referred to Until
- Tabled UnUI
Councilmember: Wa ner Staff: Dowd
Meetin Date: Ma 3, 2010 Item Number. VI11.6.4
~ AUBURN'~ MORE THAN YOU IMAGINED
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 AGREEMENT 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 -C1TY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The Mayor and City Clerk of the Cify of Auburn are hereby
authorized to exeeute an Emergency Water System Intertie Agreement with the
City of Bonney Lake, in substantially the same form as attached hereto as
,
-
Exhibit `'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 procedures 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 , 2010. -
CITY OF AUBURN
PETER B. LEWIS ,
MAYOR
ATTEST:
Danielle E. Daskam,
Cify Clerk
APP VE S. TO F RM:
niel B. H `d,
City Attorney
Resolution 4596
May 3, 2010
Page 2
EMERGENCY WATER SYSTEAA INTERTIE AGREEMENT
Bonney Lake/Auburn
THIS AGREEMENT made and entered into by and between the City of Auburn,
("Auburn"), and, the City of Bonney Lake, ("Bonney Lake"), for the purposes of planning,
designing, constructing, maintai:ning,' and operating an emergency system intertie
between the respective parties,
WITNESSETH:
WHEREAS, both Cities have water facilities in the vicinity, 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, THEREFORE, IT IS MUTUALLY AGREED as follows:
1. The emergency water system intertie, is designed to be operated manually
as a finro way emergency supply between the Aubum and Bonney Lake
Systems, The facility is located in Evergreen Way SE at the Water Service
Area Boundaries between the finro cities. The primary purpose of the
intertie is to. provide water during an emergency. For purposes of this
agreement, an emergency shall be defined as resulting from a water
shortage, a major water line break, fre demand, contamination to the
water supply system, mechanical equipment failure, electrical equipment
failure or Pugef Sound 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 longec than seven (7) days. The party requesting the extended use of the intertie shall notify the other party of
this need forty eight (48). hours before the end of the emergency period,
and shall proyide the other party a written estimate of how long it intends
- to take water as soon as practicable.
Tacoma Intertie Operation: At times, in order to meet its own water supply
demands as well as Auburn's, Bonney Lake may need to activate its
- emergency intertie agreement with Tacoma - Public Utilities ("TPU").
Aubum agrees that while the TPU Intertie is open that water flowing
Page 1 of 5
through the Aubum/Bonney Lake intertie shall be assumed to 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 amount of use
during the last quarter of the year in order to qualify for wholesale
consumption rates versus higher rates used during peak demand periods.
Aubum shall purchase water during the last quarter of the year from
' Bonney Lake and TPU until this consumption formula is satisfied. For
purposes of satisfying the consumptian formula, the water supplied to
Aubum during the last quarter of the year is not to be used solely for peak
demand periods; rather it is to be used for non-recurring maintenance and
repair purposes, preferably 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 City will operate its respective normally-locked valve inside of the
vault. Auburn will solely unlock and operate the locked valve on Aubum's
side of the meter 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 of such emergency
shall be as follows:
A. Each City shall determine that an emergency as defined in this
Agreement has occurred which warrants the need to request that
the intertie be activated.
B. The Public Works Director or designee of the requesting party shall
provide a verbal request to the other City's Public Works Director 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. Both Cities' personnel shall be
present at the vault to open the valves to activate the facility.
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C. The City requesting the activation 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.
7. The intertie shall, remain aetivated 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 or 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, limifed 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 (City 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 the
wafer resulting from interruption, change or failure of water supply
provided by this Agreement, except damages arising out of the City
supplying the water's negligence. Prior to a planned interruption or
limiting of service, the City supplying the water will notify the Cify receiving
the water of such not less than three days prior to the service d.isruption.
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 the need for service disruption and further will, to the extent
practical, limitthe service disruption to daylight hours.
9. Aubum and Bonney Lake staff shall read the meter upon activation and
upon deactivation ofi the intertie. The city supplying 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 for water shall be determined by one of three scenarios
under which water is taken through the intertie. The scenarios are
described as follows:
A. Emergency Water. This is short term water taken over a period not
to exceed seven (7) days. This rate relies on locally produced
water and does not include TPU intertie water. The rate for this
scenario shall be at the lowest current Auburn or Bonney Lake
Residential Rate for service outside City boundaries depending on
which city is supplying the water. This shall be complete payment
for the water, labor; and administration. of activating the intertie.
Page 3 of 5
B. ProlonQed EQUipment Repair Water. This water is taken over a
period exceeding seven (7) days as needed to complete lengthy
repairs. The rate for fhis scenario shall be at the Auburn oc Bonney
Lake Residential Rate actually charged for service outside Cify
boundaries depending on which city is selling the water plus 10%.
This shall be complete payment for the water, labor, and
administration of activating the intertie.
C. TPU Intertie Water. If Bonney Lake needs to open the TPU intertie
to meet system demands while Auburn is taking water from Bonney
Lake then all water flowing fo Aubum as measured by the .
Aubum/Bonney Lake intertie meter shall be considered TPU water.
The rate for TPU water shall be the wholesale rate set forth in
Tacoma Municipal Code 12.10.400, as currently adopted by the
Tacoma Public Utility (TPU) Board and Tacoma City Council. In this
scenario only the TPU rate with an. additive wheeling fee shall apply
regardless of the time the intertie is activated. When the TPU -
Intertie is opened or closed to support Auburn, Bonney Lake shall
notify Auburn that same day.
Aubum understands that Bonney Lake will incur additional costs
' . when they activate the TPU intertie. The costs 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 from normal wafer system operation costs,
. Bonney Lake and Aubum agree that these costs be compensafed
using a"Wheeling" fee; The Wheeling fee shall be calculated as
, percentage of the total cost of the water taken through the
Aubum/Bonney Lake intertie meter. The Wheeling fee rate shall be
15% of the total cost of TPU water taken by Auburn.
Not later than 30 days afterthe Bonney LakelTPU intertie is
deactivated, Bonney Lake will submit a reconciliafion bill for the
quantity of water supplied to Auburn during the period the Bonney
Lake/Aubum intertie is activated. In addition, 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 allowed by law, each partyshall defend, indemnify, and hold
harmless the other party, its elected offcials, 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
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: This indemnification provision shall include, but` is
not limited to, all claims against each pa.rty 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.
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 entire agreement of the parties with respect to the subject matter of this Agreement, and supersedes all prior
negotiations, agreements and understandings with respect therefo. This
Agreement may only be amended by a written documenfi duly executed by
all parties.
IN WITNESS WHEREOF, we have hereunto set our hands and seals.
CITY OF AUBURN CITY OF BONNEY LAKE
King County, Washington Pierce County, Washington
By: By:
Peter B Lewis, Mayor Date Neil Johnson, Jr., Mayor Date
Attest: Attest: Danie(le Daskam, City Clerk Date Harwood T. Edvalson, City Clerk Date .
,
Appro 2e, as t . Approved as to form:
ZB - - - By:
Daniel B. Heid, ity Attomey D e James J. Dionne, City Attorney Date
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