HomeMy WebLinkAbout5823AMENDMENT 41 TO KC 111-93
INTERLOCAL AGREEMENT BETWEEN KITSAP COUNTY AND
THE CITY OF BREMERTON FOR DISCHARGE OF SEWER
WHEREAS, on August 3, 1992, Kitsap County Sewer District No. 1 and the City
of Bremerton entered into an interlocal agreement establishing the terms and conditions
for the City of Bremerton to provide wholesale sewage treatment for the customers of the
Sewer District, and
WHEREAS, on March 8, 1993, Kitsap Sewer District No. 1 entered into a
contract (KC 111-93) with Kitsap County, a Washington municipal corporation, to
transfer all District assets and liabilities to the County, and dissolve the Sewer District,
pursuant to the provisions of RCW 36.94.310 through 360, and
WHEREAS, the Kitsap County superior court approved this contract, and
directed the parties to transfer the assets and liabilities, as provided under the terms and
conditions of said agreement, and
WHEREAS, through signatures, the Commissioners of Kitsap County accepted
the transfers on the terms and conditions of said agreement, and accepted the rights and
responsibilities under the terms and conditions of the interlocal agreement with the City
of Bremerton, and
WHEREAS, the City of Bremerton now desires to amend the agreement entered
into with Kitsap County Sewer District No. 1, and
NOW, THEREFORE, the agreement shall be amended as follows:
Section 5. Wholesale Rate
F. (New Section)
The City wishes to divert existing sewer flows over to a portion of Kitsap
County's gravity system. This will aid the City and County in more effectively
utilizing existing wastewater conveyance systems to the treatment plant. In
consideration for diverting sewage at Arsenal Way and Oyster Bay Drive and into
the county line, the City will remove metering station #3 (MS#3) and will charge
the County a flat rate for flow. The flat rate for MS 93 has been calculated at
$150 per month and the revised monthly billing flat rate effective for January
1999, will be $17,392.00. This rate shall be adjusted yearly per Section 5 (c) of
the original agreement.
Should new development occur in the county serviced by this line and result in
additional flow, the County shall notify the City of the date of the occurrence and
the approximate quantity for rate adjustment per Section 5 (d). Should large
fluctuations in flow be suspected, the City of Bremerton reserves the right to use
flow totalizers as a check of flow quantities.
This revised flat rate shall not be interpreted to include the adjustments in billing
done by metering stations #1 and #2 (MS #1 and MS #2) as per Section 5 (d).
Any monthly adjustments to the billing due to excess flow through these two
metering stations shall remain in effect.
All provisions in the basic agreement remain in effect except as expressly modified by
this amendment.
Dated this day of F Y Y , 1999.
Board of Commissioners
Attest:
4H11'yA.n son
Clerk of the and
CJ.... /contracts/Sewer District No. 1/amendment
Mayor, City of Bremerton
IL Horton, Mayor
DEP ti
T APPROVAL:
5lW: Eugene Sam
Director of Public Works/Utilities
APPROVED AS TO FORM:
Glenna alanca
City Attorney
N1
Peggy Lesser
Risk Manager
Attest:
NiN
Kathleen McCluskey
City Clerk
INTERLOCAL AGREEMENT FOR DISCHARGE OF
SEWER DISTRICT #1
E C E. VE
F"A I -
ubli' W o�rk�s
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THIS AGREEMENT, between Kitsap. County Sewer District #1, a
municipal corporation, duly organized and existing under the laws
of the State of Washington, hereinafter referred to as "DISTRICT",
and the City of Bremerton, a municipal corporation organized and
existing under the laws of the State of Washington, hereinafter
referred to as "CITY", is entered into pursuant to and in
u
conformity with RCW 39.34, the Interlocal Corporations Act and RCW
39.67.300
THE PARTIES AGREE as follows:
Section 1. Purpose and Scope of Contract
The CITY shall receive from, treat, and dispose of the DISTRICT's
wastewater in accordance with the terms and specifications as
hereinafter set forth. This agreement replaces and supersedes all
previous agreements entered into between the CITY and the DISTRICT
for service.
Section 2. Term of Contract
This contract will be in effect for a period of five years from
1
August 1, 1991. The agreement will automatically renew for an
additional five year term, unless one of the parties gives written
notice of an intent to terminate not less than 180 days in advance
of the end of the initial five year term. Provided, however, that
the CITY may not terminate this agreement unless the DISTRICT has
a��yys{{,,uitable alternate source for treatment of its wastewater.
of this
Section 3. Definitions
For the purpose of this agreement, unless it is plainly evident
from the context that a different meaning is intended, the
following words and phrases when used, are defined as follows:
"Allocated Flow" means the maximum average flow that the DISTRICT
is permitted to discharge into the CITY System.
"Average Flow" means the average daily discharge of sewage computed
by dividing the total quantity discharged during a month by the
total number of days in said month. The result is expressed in
million gallons per day (MGD).
"Biochemical Oxygen Demand" (BOD)-means the quantity of oxygen used
in the biochemical oxidation of organic matter in a specified time
and at a specified temperature. BOD shall be the standard measure
of sewage strength.
"Capital Costs" means costs relating in whole or in part to the
CITY treatment system and conveyance system which CITY has incurred
or plans to incur for the purpose of new or expanded facilities and
equipment to accommodate population, commercial and industrial
growth; to meet federal, state, regional and local regulatory
requirements; to replace deteriorated or inefficient facilities and
equipment that are beyond the scope of normal maintenance; or for
monitoring and data collection facilities. Such costs shall
include, but not be limited to both direct and indirect costs for
planning, design, construction, equipment, inspection, change
orders and claims settlements.
"CITY" means authorized employees and officials of the City of
Bremerton or its designated agent.
"City Treatment System" means the City of Bremerton Wastewater
Treatment Plant, any sludge processing facilities (wherever
located) designed to be operated in coordination or conjunction
with the foregoing facility, and appurtenances necessary for the
operation of the same.
"Conveyance System" means all main line gravity sewers and force
mains and pump stations, including appurtenances necessary or
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convenient to the operation thereof. Said appurtenances include,
but are not limited to, flow metering stations, control equipment,
maintenance and cleanout facilities, and easements. These
improvements may also be referred to in this contract as the
"Transmission System".
"Direct Costs" mean those costs to CITY which are identified
specifically with a particular project. Direct costs may inc-LucxL--,
but are not limited to, direct labor; costs of materials acquired,
expended, or consumed; costs of construction contracts; costs of
consultant contracts and costs of energy to operate the treatment
and conveyance facilities.
"DISTRICT" means authorized employees and/or officials of Ritsap
County Sewer District No. 1 or its designated agent.
"DISTRICT System" means all wastewater collection and conveyance
facilities owned and operated by DISTRICT including gravity sewers,
force mains, and pump stations.
"Domestic Sewage" means wastewater from ordinary living processes
discharged from dwellings, business buildings, and institutions.
"Domestic Sewage Strength" is defined as not to exceed 220 mg/L HOD
and/or TSS.
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"Excess Flow" means flow over the average flow allocated to the
DISTRICT.
"Indirect Costs" means those costs to CITY which are applicable to
a project or activity but are allocated among organizational units
in relation to benefits derived in accordance with generally
accepted accounting principles. Indirect costs may include, but
are not limited to, labor expenses for elected officials and their
staffs, for commissions, and for performance of administrative and
supervisory functions; and expenses for data processing services,
building services, utilities and materials.
"Infiltration" means water other than wastewater which enters a
sewer system from the ground through such means as defective pipes,
pipe joints, connections, or access structures. Infiltration does
not include, and is distinguished from, inflow.
"Inflow" means water other than wastewater which enters a sewer
system from sources such as roof leaders, cellar drains, yard
drains, area drains, drains from springs and swampy areas, access
structure covers, cross connections between storm sewers and
sanitary sewers, catch basins, storm waters, surface runoff, or
drainage. Inflow does not include, and is distinguished from,
infiltration.
"MGD" means million gallons per day of wastewater flow.
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"Peak Flow" means the highest instantaneous rate of discharge,
expressed as a volume per unit of time.
"Point of Delivery" means any connection of a DISTRICTi' Sewer to the
CITY System.
"Service Area" means the areas located within the City or County
jurisdiction designated to be served by CITY or DISTRICT. A
service area may extend beyond the CITY or DISTRICT boundaries
respectively. Respective Service areas in the vicinity of the
DISTRICT shall be as defined in this agreement.
"Sludge" means the accumulated settled solids deposited from
wastewater or industrial wastes, raw or treated.
"System Capacity" means the annual average design capacity of the
City System.
"System Average Flow" means the system volume divided by the number
of time units in a calendar year.
"System Volume" means the volume of sewage treated in the CITY
,System during a calendar year.
"Total Suspended Solids" (TSS) means solids that either float on
the surface of, or are suspended in water, wastewater, or other
liquids and are largely removable by laboratory filtrations. TSS
is a standard measure of sewage strength.
"Wastewater" means the combination of the liquid and water -
carried wastes discharged from residences, commercial and
industrial establishments, together with infiltration and inflow
that may be present.
"Wholesale Rate" means a negotiated charge per unit of wastewater
discharged to the City system by a customer whose discharge volume
represents a significant portion of system volume such that direct
cost allocations are feasible.
Section 4. Service Levels
A. Allocated Flow
The DISTRICT is allocated an average flow of .4 million gallons per.
day into the city treatment system. All discharges by the DISTRICT
to the CITY system shall be through the three flow metering
stat-ions:
Pump Station WB-1 Flow Metering Station
Pump Station WB-2 Flow Metering Station
C Street Flow Metering Station
No other points of discharge to the CITY system are presently
known. Should additional points of discharge be identified in the
future, the method of metering such discharges shall be as
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designated by the CITY.
B. Sewage Strength
All wastewater discharge by the DISTRICT to the CITY system shall
be domestic sewage strength as defined in Section 3 above.
Section 5. Wholesale Rate
A. Initial Wholesale Rate
Commencing with the month of August 1991, the DISTRICT shall pay a
wholesale rate of $15,970 per month. This rate assumes the
DISTRICT's average flow does not exceed .4 mgd per day. If the
average flow exceeds this limit, the rate adjustment provisions
found in subsection D below shall apply.
B. Basis for Initial Wholesale Rate.
The CITY and the DISTRICT agree that the initial monthly wholesale
rate is established using the figures set forth below. The CITY
and the DISTRICT agree these numbers represent the DISTRICT's
appropriate share of the system expense, given the DISTRICT's
allocation of plant capacity. The basis for the monthly wholesale
rate is as follows:
Capital Cost Debt Service $ 130,915.00
Operations and Maintenance 41,175.00
City overhead 6,176.25
SUBTOTAL $ 178,266.25
B & 0 tax of 6% 10,695.98
Excise tax of 1.5% 2,673.99
Total payment in first year of
$ i91,636.22 + 12
contract
Monthly Ritsap Sewer District
Wholesale Rate $ 15,970.00 z
C. Adjustments to Initial Wholesale Rate
(1) August 1st of each year, the operation and maintenance, and
CITY overhead numbers, will be adjusted upward by the percentage
increase in the Seattle/Everett all item consumer price index
during the preceding calendar year, or the successor to this index.
If there is not successor, then any generally accepted index
showing the inflation rate, if any, for the United States as a
whole shall be used to establish the increase in the rate.
(2) At the CITY's request, the capital cost figure will be
adjusted upward to reflect the DISTRICT's proportionate share of
any treatment system capital cost incurred. Provided, however,
this does not include treatment system capital costs to increase
plant capacity. The additional debt service shall be computed
after deducting any portion of the treatment system capital cost
paid by the United States Navy, or grants.
( 3 ) The B & O tax and excise tax expenses shall be adjusted in the
next calendar month after any change in their rate. These taxes
shall also be adjusted in the next calendar month after any change
in the DISTRICT's share of the capitol cost, operation and
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maintenance, and CITY overhead expense.
(4) For any given calendar month, the wholesale rate shall be the
sum of the DISTRICT's responsibility for capitol cost debt service,
operation and maintenance, CITY overhead, B & 0 taxes, and excise
taxes, as they may be adjusted above. It is the CITY's
responsibility to advise the DISTRICT of the need for these
adjustments, and the basis for their assessment.
D. Adjustment for Excess Average Flow
(1) The DISTRICT's allocated flow is .4 mgd. As provided in
Section 6(A), the CITY will measure the DISTRICT's wholesale flow
on the first Monday of each calendar month. For any measuring
period when the total wholesale flow exceeds .4 mgd times the
number of days in the measuring period, the DISTRICT shall pay the
wholesale rate as established under Paragraph 5(A) above, plus the
following additional charge:
a. For up to 3 million gallons of flow beyond the allocated
flow, $2.14 per thousand gallons in flow, or part
thereof.
2 b. For all flow beyond 3 million gallons over the allocated
flow, $2.81 per thousand gallons, or part thereof.
( 2 ) The additional charge for excess flow will not apply until two
years after the date this agreement is executed and approved by
both the CITY and KITSAP COUNTY SEWER DISTRICT #1. August 1 of
each year, beginning with the first August 1 after the additional
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charge for excess flow is in effect,I the rates for excess flow
shall be adjusted upward by the percentage increase in the
Seattle/Everett All Item Consumer Price Index during the preceding
calendar year, or the successor to this index. If there is no
successor, than any generally accepted index showing the inflation
rate, if any, for the United States as a whole shall be used to
establish the increase in the rates.
E. Wholesale Rate Adjustments for Excess Domestic Sewage Strength
X
X
X
X
X
X
X
X
X
X
X
X
X
X
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1. The CITY will periodically test the strength of the
DISTRICT's sewage. If for any three consecutive tests,
the DISTRICT's sewage strength exceeds "domestic sewage
strength" as defined in Section 3 above, the CITY
reserves the right to reopen this contract on the issue
of whether there should be a surcharge for excess sewage
strength. For the purpose of this subparagraph, the CITY
shall use the "twenty-four hour composite sample" method
to test the sewage strength.
Section 6. Metering, Billing, and Payment
A. The CITY will be responsible for measuring flows at the points
of delivery identified in Section 4 above. The CITY shall install,
operate, and maintain the required metering equipment. The CITY
will read the flow meters on the first Monday of each month.
B. The CITY shall submit a monthly bill for wholesale sewer
service to the DISTRICT based on the contract rates defined in this
agreement. The bill will include a statement of the DISTRICT's
total monthly flows to the CITY's sewage system at each flow
monitoring station.
C. The DISTRICT shall pay the CITY for services rendered within
60 days of receipt of the bill from the CITY. Interest at the rate
of 1% per month will be charged on any invoice not paid with the 60
day limit. A minimum of one month's interest will be charged for
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all late payments.
D. On a bi-monthly basis, the CITY shall provide the DIS`i'RICT
with a computerized list showing the domestic water consumption for
all CITY water customers found within the service area boundary of
the DISTRICT.
Section 7. Service Area Boundary
(a) For the purposes of this agreement, the boundaries of the
DISTRICT service area shall be defined as follows:
Beginning at a point that is the junction of the East right-
of-way line of McCollum Avenue and the boundary of Sinclair
Inlet meander line, then NE along McCollum Avenue to the NW
right-of-way line of SR304 the NE along SR304 right--of--way
approximately 760 feet, then NW to Lafayette Avenue, then SW
along Lafayette Avenue to McCollum Avenue, then North along
McCollum Avenue to Preble Street, then West along Preble
Street to the center of Section 22 T24N R1E, then North ( along
the center of section line) 360 feet, then West from the
center of section line to a point 250 feet East of National
Avenue, then North parallel to National Avenue to a point 150
feet South of 1st Street, then West parallel to 1st Street to
Oyster Bay Avenue, then South along Oyster Bay Avenue and to
SR3, then South along the east margin of SR3 to the South
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section line (Section 22, Township 24 North, Range 1 East)
then West along the section line to the 1/8 section corner of
Section 28, Township 24 North, Range 1 East, then South along
said 1/8 section line to Davis Street, then West on Davis
Street to Rent Avenue and South on Kent Avenue to the center
of section line (Section 28, Township 24 North, Range 1 East)
then East of the center line to Sinclair Inlet.
(b) The CITY agrees to not extend service to any resident within
the DISTRICT's service area boundaries, except by written
permission of the DISTRICT or as may be defined pursuant to R.C.W.
35.13A. The DISTRICT agrees to not extend service or expand its
boundaries to any resident beyond the DISTRICT service area
boundaries except by written permission of the CITY.
(c) If the DISTRICT chooses to reassign any of its allocated flow
to the CITY, the DISTRICT's wholesale rate, and the formula for
establishing excess flow charges, shall be adjusted proportionate
to the reassignment.
Section B. Facilities Ownership and operation Responsibilities
The CITY and DISTRICT with the execution of this agreement
acknowledge that ownership of all facilities lying within the
DISTRICT and upstream of the CITY's metering stations shall remain
the property of the DISTRICT. The CITY assumes no responsibility
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for operating, maintaining or replacing the DISTRICT's facilities
by this agreement.
At the request of the DISTRICT, the CITY may, at its option based
upon available resources, provide additional services to the
DISTRICT on a time and materials basis. Other services may
include, but not be limited to, operation, maintenance or repair of
facilities owned and operated by the DISTRICT, surveys,
comprehensive planning,and utility billing.
The CITY reserves the right to construct, use, own and maintain
transmission mains and appurtenances for the purposes of conveyance
of CITY wastewater from the CITY's system across the DISTRICT to
the CITY's Wastewater Treatment Plant, subject to the terms of its
existing and future local and state franchise agreements.
Section 9. Transfer Ownership of Facilities
The DISTRICT agrees to discontinue use, vacate, and transfer
ownership to the CITY the 21- to 24-inch diameter sewage
transmission main, originating at a connection point to the CITY's
system at Rodgers Road and Auto Center Way and continuing South
along the west side of State Highway No. 3, to a connection point
to the CITY's system at the north property line of the CITY's
Wastewater Treatment Plant. Together with those collection system
mains and appurtenances lying West of SR3 and north of the south
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section line of Section 21, Township 24 North, Range 1 East.
The CITY agrees to discontinue use, vacate, and transfer ownership
to the DISTRICT the 14- to 21-inch diameter sewage transmission
main originating at a connection point with the CITY system at
Oyster Bay Blvd. and .Arsenal Way and continuing south along the
east side and across State Highway No. 3 to a connection point with
the City's system at D Street and Bayview Drive.
Section J.O. RegulatoryCompliance
The DISTRICT agrees to comply with the provisions of all federal,
state, and local rules and regulations governing sewage systems and
the introduction of prohibitive discharges. The DISTRICT further
agrees to insure that DISTRICT customers comply with all federal,
state, and local rules and regulations regarding sanitary sewer
construction. In the case of discrepancies between rules or
regulations, the most stringent shall apply.
Section 11. General Conditions
(a) This document, including the exhibits incorporated herein,
embodies the entire agreement between the CITY and the DISTRICT.
No verbal agreements or conversations with any officer, agent, or
employee of the CITY or DISTRICT prior or subsequent to the
execution of this agreement shall affect, or modify any of its
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terms or obligations. Deviation of any sort from the agreement
terms must be authorized formally, in writing. No other authority
for deviation from this agreement will be recognized as prior or
official.
The parties expressly reserve the right to renegotiate the
provisions hereto, including the terms of this agreement, from time
to time as may be necessary and to amend this agreement in response
to current and future regulatory or other applicable requirements,
provided however, that no alteration or modification of the terms
or conditions hereof shall be valid and binding unless made in
writing and signed by the authorized representatives of the
parties.
(b) This agreement shall be binding upon the successors and
assigns of each of the parties. But neither party will assign this
agreement without the written consent of the other. This written
consent will not be unreasonably withheld, and at execution of this
agreement, the CITY understands and accepts that the DISTRICT
intends to assign its rights and responsibilities under this
contract to Kitsap County at some time in the future.
(c) It is understood that the relationship of the CITY to the
DISTRICT is independent. None of the employees or agents of the
respective parties shall be considered employees of the other.
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(d) Each party warrants and represents that it has authority to
enter into this agreement.
(e) All notices to be given by either of the parties hereto to the
other party shall be in writing and may either be delivered
personally or may be deposited in the United States Mail, postage
prepaid, as either certified or regular mail, addressed as
specified below, or to such other designate in writing. Notices
sent by mail shall be deemed to have been given 48 hours after
properly mailed; the postmark affixed by the United States Post
Office shall be conclusive evidence of the date of mailing.
City: Director of Utilities
3027 Olympus Drive
Bremerton, WA 98310
City Clerk
239 Fourth Street
Bremerton, WA 98310
District: Sewer District No. 1
702 Charlotte Ave S
Bremerton WA 98312
(f) In the event that any provision herein is declared illegal or
invalid, no other provisions of this agreement shall be affected,
and this agreement shall then continue in full force and effect as
though such illegal or invalid provisions had not been contained
herein.
(g) This agreement shall be construed and interpreted in
accordance with the laws of the State of Washington. The venue of
any action brought hereunder shall be the Superior Court of Ritsap
County, Washington.
(h) The DISTRICT agrees to complete and present to the CITY by
December 31, 1993, a complete infiltration and inflow study, and an
engineering report/comprehensive plan establishing the DISTRICT's
capital needs, estimated costs for construction, and a schedule for
construction, to repair any infiltration and inflow problems or
other capital deficiencies found within the DISTRICT's system.
(i) The City will agree to defend, and hold the District, and its
assigns, harmless from, the pending litigation over the sewer
plant, including the costs of litigation. Provided, that if the
City is required to provide any capital improvements to the plant,
or purchase land to resolve the litigation, the District and its
assigns will pay 6.34% of the average annual debt service for this
expense.
(j) If either party to this agreement is required to use the
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services of an attorney to enforce any provisions in this
agreement, the prevailing party in that dispute shall be entitled
to an award of costs, and a reasonable attorney's fee.
DATED this � day of �, 19 IQ-,
CIT OF BREMERTON
k
BX: \
LOUIS MENTOR, y1or
ATTEST:
KATHLEEN L. McCLUSKEY, Perk
DEPARTMENT APPROVAL:
BY: U ' aA
WILLIAM DUFFY,
Utilities Director
AP D AS FORM:
r
LL..�
IAN R. SI VERS, City Attorney
KITSAP CgJJNTY SEWER DISTRICT #1
FAM
STATE OF WASHINGTON )
. ss.
COUNTY OF KITSAP )
a
On this day personally appeared before me Louis Mentor,
Bremerton City Mayor, and Kathleen L. McCluskey, Bremerton City
Clerk, to me known to be the individuals described in and who
executed the within and foregoing instrument, and acknowledged that
they signed the same as their free and voluntary act and deed for
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the uses and purposes therein mentioned.
Given under my hand and official seal this..249 Clay of
Notary Public in and for the State of
, Washington, residing at AfiPq,yyytr)v
My Commission Expires: — 0.-y_ pY
STATE OF WASHINGTON—-`
COUNTY OF KITSAP - )
On this day personally appeared before me
JAMES HOOD , LYNN JOHNSON , and
GEORGE MURKER , of Kitsap County Sewer District #1, to me
known to be the individuals described in and who executed the
within and foregoing instrument, and acknowledged that they signed
the same as their free and voluntary act and deed for the uses and
purposes therein mentioned.
Given under my hand and official al this G day of
19�•
Notary PuVIic in and for the State of
Washingto , residing at
My Commission Expires: �.
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