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5442
PORT ORCHARD, CITY OF
ILA - Water Supply
Water Resources
LEG 12-1
11/a4/2o14
12/31/2019
6f30f2019
2020
Comments:
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AGENDA BILL
CITY OF BREMERTON C� p� ��,� '� - 5 _
CITY COUNCIL
SUBJECT: Interlocal Agreement with the Study Session Date: November 12, 2014
with the City of Port Orchard for Water COUNCIL MEETING Date: November 19, 2014
Supply Department: Public Works & Utilities
Presenter: K. Cahali, Water Resources
Phone: 473-2315
SUMMARY: The City of Bremerton has had an agreement for many years to sell surplus water to
the City of Port Orchard. This agreement has been updated and includes a four-year firm
commitment of water befinreen 2015 and 2018 at a higher unit price than for surplus water. After
January 1, 2019 the agreement continues on a surplus basis.
ATTACHMENTS: Water Sales Agreement with the City of Port Orchard.
FISCAL IMPACTS (Include Budgeted Amount): The estimated revenue to the City of Bremerton
Water Utility is befinreen $50,000 -$247,000 per year.
STUDY SESSION AGENDA: � No Presentation ❑ Full Presentation
STUDY SESSION ACTION: � Consent Agenda ❑ General Business ❑ Public Hearing
RECOMNlENDED MOTION: Move to approve the Water Sales Agreement with the City of Port
Orchard and authorize the Mayor to finalize and execute the agreement with substantially the same
terms and conditions as presented. .
COUNCIL ACTION: [�Approve
❑ Deny ❑ Table ❑ Continue ❑ No Action
Form Updated 01/25113
CITY OF PORT ORCHARD
City Clerk's Office
2i6 Prospect Street, Port Orchard, WA 98366
Voice: (360) 8�6-440� • Fax: (g6o) 895
cityclerk@cityofportorchard.us
www.cityofportorchard.us
January �4, 2oi5
City Clerk's Office
City of Bremerton
345 6th Street, Suite 600
Bremerton, WA 98337
Re: Contract No. 090-14
Water Supply
Dear City Clerk's Office:
Enclosed please find an original contract for your records.
Should you have any questions, please contact the City Clerk's office at the number
above.
Sincerely,
CITY OF PORT ORCHARD
`C' � "L ► l� �<
ine Floyd
��
Office Assistant II
Encl: Contract No. o9o-i4 (i)
CITY OF PORT ORCHARD
�
City Clerk's Office
� 2i6 Prospect Street, Port Orchard, WA 98366
�• q �:�. Voice: (360) 8�6-440� � Fax: (g6o) 895
cityclerk@cityofportorchard.us
www.cityofportorchard.us
December io, 2oi4
Ms. Shannon Corin, City Clerk
City of Bremerton
345 6� Street, Suite 600
Bremerton, WA 98337
Re: Contract No. ogo-i4
Water Supply
Dear Ms. Corin:
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Attached are two contracts approved by the City Council at their December 9, 2oi4,
meeting. Please sign the enclosed two contracts, and return to my attention at the above
address. Once we have all signatures finalized, I will mail you an original contract back
for your records.
Should you have any questions, please contact the City Clerk's office at the number
above.
Sincerely,
CIT ��OF PORT ORCHARD
.� . n n �,�
" l.�-� �
�
Je ine F'loyd
ce Assistant II
Encl: Contract No. o9o-i4 (2)
Contract No. 090-14
INTERLOCAL AGREEMENT FOR WATER SUPPLY
THIS AGREEMENT is by and between the CITY OF BREMERTON, a
municipal corporation, hereinafter referred to as "Bremerton," and the
City of Port Orchard, hereinafter referred to as "Port Orchard," a
municipal corporation organized under the laws of the State of
Washington.
BACKGROUND:
1. The parties desire to provide the highest reliability of
service to their customers at reasonable costs.
2. The parties recognize that water resources are finite and
vulnerable and that prudent use and management of these resources
could be facilitated by cooperation among water utilities.
3. Bremerton and Port Orchard have water facilities which
are interconnected at a 16-inch transmission main on Anderson Hill
Road. Port Orchard has purchased water from Bremerton through this
intertie for over 20 years.
4. RCW 39.34 and 35.92.200 empower Bremerton and Port
Orchard to enter into a cooperative interlocal agreement for providing
outside wholesale water service.
1
IT IS AGREED:
1. SCOPE: Subject to the terms and conditions set forth
herein, Bremerton and Port Orchard agree to the continuation and
maintenance of a water system intertie at Anderson Hill Road and SR 16
for the purpose of supplying domestic water between the two systems
during emergency conditions.
Bremerton agrees to sell and deliver to Port Orchard and Port
Orchard agrees to purchase from Bremerton wholesale water for the
needs of inhabitants of Port Orchard and adjacent areas for domestic,
irrigation, and fire protection purposes, in the amounts contemplated by
Section 4 of this Agreement
2. TERM: The term of this Agreement shall run from the
date of this agreement until December 31, 2019. This Agreement shall
be automatically renewed for successive one-year terms with the same
terms and conditions as those established for the year 2019 unless either
party furnishes written notice to the other party of non-renewal before
December 1.
3. QUALITY. Bremerton agrees to deliver water from its
water system at the purity and quality in effect for residential customers
of Bremerton.
4. AMOUNT AND COMPENSATION:
A. From 2014 through 2018, Bremerton agrees to make available a
minimum of 58 million gallons per year to the City of Port Orchard's
2
main system. The cost of this firm available water will be 110% of the
Bremerton Outside City Limits Residential Commodity Water Charge as
approved in latest rate ordinance. Port Orchard agrees to pay for a
minimum of $50,000 of water each year 2015 - 2018. If the cost of the
water used is less than $50,000 the difference will be made in a payment
to Bremerton.
B. Surplus water to be supplied to Port Orchard after January 1,
2019 under this Agreement shall be such as Bremerton may have
avaiIable over and above the requirements of the present users of the
Bremerton system and the requirements of Puget Sound Naval Shipyard.
Beginning January 1, 2019 the unit price of surplus water sold shall be
95% of the Bremerton Outside City Limits Residential Commodity
Water Charge as approved in latest rate ordinance. There is no minimum
amount that Port Orchard is required to pay to Bremerton after January
1, 2019.
5. INTERTIE FACILITIES: All water supply delivered
pursuant to this Agreement shall be measured by the delivery
municipality using Sensus Omni T2 water meter and a 520M Smart
Point MXU, to be furnished, installed, maintained, and calibrated by Port
Orchard at the expense of Port Orchard. Port Orchard shall retain
ownership of said meters. Calibration shall be performed by Port
Orchard at least once every two (2) years and a copy of calibration
results submitted to Bremerton.
3
Bremerton shall have access to and be permitted to install and
maintain its own monitoring and recording system at its expense.
In the event any intertie meter fails to register, or it registers
incorrectly, the Bremerton Water Utility Billing Department shall
estimate the amount of water delivered for the period during which such
meter failed to register by taking an average of the tota.l deliveries of
water through such meter for the preceding two months in which water
was delivered.
Each utility shall install, operate, and maintain isolation valves
and related facilities on their respective water mains at the point where
those mains are interconnected. Each utility shall cooperate with the
other utility in coordinating the operation of the isolation valves and
related facilities for the purposes of this Agreement.
6. PRIORITY OF BREMERTON WATER CUSTOMERS:
Bremerton agrees that the firm water commitment of 58 million gallons
per year described in Section 4 will be in place through 2018. It is
understood between parties hereof that Bremerton is, by prior agreement,
selling part of its water supply to Puget Sound Naval Shipyazd and that it
will give precedence to any and all needs and requirements of
Bremerton's water customers and the Puget Sound Naval Shipyard for
surplus water.
7. NOTICES: Port Orchard shall notify Bremerton water
operations by phone to coordinate their intent to use water. All notices
�
and other written communications required by this Agreement shall be in
writing and, except as expressly provided elsewhere in this Agreement,
shall be deemed to have been given at the time of delivery if personally
delivered or at the time of mailing if mailed by first class, postage pre-
paid and addressed to the part at its address as stated below or at such
address as any party may designate at any time in writing.
Director of Public Director of Public Works/City
Works & Utilities Engineer
City of Bremerton City of Port Orchard
100 Oyster Bay Ave N 216 Prospect Street
Bremerton, WA 98312 Port Orchazd, WA 98366
8. SEVERABILITY: If any provision of this Agreement or
its application is held invalid, the remainder of this Agreement or the
application of the remainder of this Agreement shall not be affected.
9. MODIFICATION: This Ageement represents the entire
agreement between the parties. No change, termination or attempted
waiver of any of the provisions of this Agreement shall be binding on
either of the parties unless executed in writing by authorized
representatives of each of the parties.
10. BENEFITS: This agreement is entered into for the
benefit of the parties to this Agreement only and shall confer no benefits,
direct or implied, on any third persons.
��
The rights granted by this Agreement may not be assigned
without the written consent of the Mayor of the City of Bremerton and
the Mayor of the City of Port Orchard.
11. DISPUTE RESOLUTION: Any claim by either party
against the other related to this Agreement shall be filed in Kitsap
County Superior Court. Each party is responsible for its own attorney's
fees and litigation costs.
12. ENTIRE AGREEMENT. The written provisions of this
Agreement shall supersede all prior verbal statements of any officer or
other representative of the City, and such statements shall not be
effective or be construed as entering into or forming a part of, or altering
in any manner whatsoever, this Agreement or any attached exhibits.
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IN WITNESS WHEREOF the parties hereto execute this
Agreement this �+ `3ay of D UP�ffl P�i- , 2014.
CITY OF BREMERTON CITY OF PORT ORCHARD
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ATTEST:
Shannon Corin, City Clerk
APPROVED AS TO FORM
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Roger Lubovich, City Attorney
BY:g� 0� �
Tim Matthes, Mayor
ATTEST:
Brandy earson, City Clerk
APPROVED AS TO FORM:
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