HomeMy WebLinkAboutITEM III-BCITY OF -J
AGENDA BILL APPROVAL FORM
WASHINGTON
Agenda Subject:
Date:
Resolution No. 4596
April 27, 2010
Department:
Attachments:
Budget Impact:
Public Works
Resolution No. 4596 and Exhibit "A"
$ 0
Agreement
Administrative Recommendation:
City Council to introduce and adopt Resolution No. 4596.
Background Summary:
Resolution No. 4596 authorizes the Mayor and City Clerk to execute an Emergency Water System Intertie
Agreement between the City of Auburn and the City of Bonney Lake.
The Cities of Auburn and Bonney Lake have previously entered into an Emergency Water System Intertie
Agreement in order to increase fire protection and emergency water supply reliability for their customers.
The Cities want to continue to provide these necessary services to increase fire fighting and emergency
supply reliability and wish to enter into a new Intertie Agreement that more closely reflects the current
needs of both parties.
The new agreement addresses 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 manner that would cover actual costs.
W0503-6
Reviewed by Council & Committees:
Reviewed by Departments & Divisions:
❑ Arts Commission COUNCIL COMMITTEES:
❑ Building ❑ M&O
❑ Airport ❑ Finance
❑ Cemetery ❑ Mayor
❑ Hearing Examiner ❑ Municipal Serv.
® Finance ❑ Parks
❑ Human Services ❑ Planning & CD
❑ Fire ❑ Planning
❑ Park Board ®Public Works
❑ Legal ❑ Police
❑ Planning Comm. ❑ Other
® Public Works ❑ Human Resources
Action:
Committee Approval: ❑Yes ❑No
Council Approval: ❑Yes ❑No Call for Public Hearing
Referred to Until
Tabled Until
Councilmember: Wagner
Staff: Dowdy
Meeting Date: : May 3, 2010
Item Number:
* moRE THAN YQLJ IMAGINED
Au.Bu
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,
Auburn 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 11 The Mayor and City Clerk of the City of Auburn 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
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,
City Clerk
APPROVED AS TO FORM:
Daniel B. Heid,
City Attorney
Resolution 4596
May 3, 2010
Page 2
EMERGENCY WATER SYSTEM 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, maintaining, 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 two way emergency supply between the Auburn and Bonney Lake
Systems. The facility is located in Evergreen Way SE at the Water Service
Area Boundaries between the two 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, 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 maximum duration of an
emergency is seven days.
However, in certain situations such as prolonged equipment repair, the
intertie may need to be open for longer than seven 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 provide 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").
Auburn agrees that while the TPU Intertie is open that water flowing
Resolution No. 4596
May 3, 2010
Exhibit A
Page 1 of 5
through the Auburn/Bonney Lake intertie shall be assumed to be TPU
water.
Auburn 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.
Auburn 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 consumption formula, the water supplied to
Auburn 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. Auburn 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 Auburn'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.
Resolution No. 4596
May 3, 2010
Exhibit A
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.
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 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, 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 (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
water 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 City receiving
the water of such not less than three days prior to the service 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 the need for service disruption and further will, to the extent
practical, limit the service disruption to daylight hours.
9. Auburn and Bonney Lake staff shall read the meter upon activation and
upon deactivation of 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 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
Resolution No. 4596
May 3, 2010
Exhibit A
Page 3 of 5
which city is supplying the water. This shall be complete payment
for the water, labor, and administration of activating the intertie.
B. Prolonged Equipment Repair Water. This water is taken over a
period exceeding seven days as needed to complete lengthy
repairs. The rate for this scenario shall be at the Auburn or Bonney
Lake Residential Rate actually charged for service outside City
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 to Auburn as measured by the
Auburn/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.
Auburn 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 Auburn accounting and billing. Since these costs are
not easily separated from normal water system operation costs,
Bonney Lake and Auburn agree that these costs be compensated
using a "Wheeling" fee. The Wheeling fee shall be calculated as
percentage of the total cost of the water taken through the
Auburn/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 after the Bonney Lake/TPU intertie is
deactivated, Bonney Lake will submit a reconciliation bill for the
quantity of water supplied to Auburn during the period the Bonney
Lake/Auburn 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.
Resolution No. 4596
May 3, 2010
Exhibit A
Page 4 of 5
12. To the extent allowed by law, each party shall 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 obligations under the Agreement
and this Amendment. 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.
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 thereto. This
Agreement 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
King County, Washington
CITY OF BONNEY LAKE
Pierce County, Washington
By:
Peter B Lewis, Mayor Date
Attest:
Danielle Daskam, City Clerk Date
Approved as to form:
By:
Daniel B. Heid, City Attorney Date
Resolution No. 4596
May 3, 2010
Exhibit A
Page 5 of 5
By:
Neil Johnson, Jr., Mayor Date
Attest.
Harwood T. Edvalson, City Clerk Date
Approved as to form:
Bv:
James J. Dionne, City Attorney Date
Resolution No. 4596
May 3, 2010
Exhibit A
Page 6 of 5