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HomeMy WebLinkAboutITEM VIII-B-4 ~ * OF_ AGENDA BILL:APPROVAL FORM )4KWASHINGTO'N 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. Page 2 of 5 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 Page 5 of 5 ,