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4919
ROCKY POINT WATER DISTRICT
Water Services to Marine Drive Water District -
District #12
Water Resources
LEG 12-1
05/20/2010
06/30/2015
06/01/2015
Comments :
AGREEMENT FOR FURNISHING WATER AND SERVICES
TO ROCK�' POINT WATER DISTRICT BY THE CITY OF BREMERTON
This Agreement is made and entered into this � day of , 2010,
by and between the City of Bremerton, a municipal corporation of the first class, ereinafter
called "City" and Rocky Point Water District #12, a municipal corporation, heretofore known as
Marine Drive Water District, and hereinafter called "District".
WITNESSETH:
WHEREAS, the Commissioners of what was then called Marine Drive Water District
were authorized by a majority of electors residing within the district, at an election on the 29
day of January, 1952, pursuant to the Water District's Resolution #107, called to vote upon the
question of conveyance of the said water system, and has conveyed to the City of Bremerton said
water distributing system, and
WHEREAS, the City by ordinance, has accepted a conveyance of the distribution system
of the Marine Drive Water District and under the provisions of Remington's Revised Statues,
11.586-1, et seq., Session Laws of 1933 (now RCW 57.080.030 et seq.) and
WHEREAS, the City and the District entered into an Agreement dated 12 July 1960 last
modified October 22, 1998. for the furnishing of water services to the residents and consumers in
the District, and setting forth responsibilities of the City and the District for maintenance and
repair of said water system and the management thereof, and concerning future additions and
betterments thereto, and
WHEREAS, the City and the District desire to enter into a new agreement to extend the
furnishing of water services to the District and providing for the maintenance, repair and
management of said water system.
AGREED as follows:
1. District as Representative
(a) It is recognized and agreed by the parties that the capacity of the District is as a
representative of the water consumers within the District who shall be considered
as being directly served by the City, and to whom the duty of service runs.
2. Water Service
(a) The City hereby agrees to furnish water service to the consumers of water in the
District in the aggregate amount set forth in Section 7(e)_during the term of this
Agreement so long as the City shall maintain a public water supply and
City of Bremerton / Rocky Point Water District
Page 1 of 7
distribution system. Provided, however, this obligation shall continue and be
binding upon any successor or assigns of the City so long as there exists a water
supply and distribution system to the end that there shall continue the supply of
water to the District so long as such a system supplies consumers within the City
of Bremerton.
(b) Should supply to the District from the City system cease, ownership of all of the
mains, and installations, and water service appurtenances within the District
Service Area shall revert to the ownership of the District.
(c) The rate of charge to water consumers for water service and for other services or
charges for which the City may make charge to water consumers, shall be at the
same rate as for residents of unincorporated Kitsap County.
(d) Water service shall be furnished to the consumers within the District through
individual meters which shall be read by employees of the City and billings sent
by the City and collections made by the City for and on account of the use of the
water as measured through the individual meters. These meters are and shall
remain the property of the City.
(e) These billing services shall include a surcharge in an amount to be determined
from time to time by the District, which amount shall be the property of the
District, and shall be remitted to the District on a monthly basis.
(� This billing service shall be charged for by the City to the District at the rate of
$1,970.22 annually, pro-rated bi monthly according to the current billing cycle
applicable to the area, and shall be subject to annual adjustment in January by an
amount equal to the change in the Consumer Price Index — All Urban Consumers,
West-Side Class BIC from June to June of the previous year.
(g) Sums collected by the City for District surcharge, are to be transmitted to the
District within 15 days a$er the month in which they are collected. Reports of the
transactions will be furnished on request. Reports of customer delinquencies shall
be made to the District on a regular schedule at the time payment has become
delinquent according to the City's standard delinquency date.
(h) In the event of damage to that portion of the water system or to its appurtenances
within the water District caused by third party action, the entity, City or District,
discovering the damage shall, at the earliest opportunity, report to the other the
fact of the damage. All information concerning the cause, nature of damage,
identity of persons involved, information as to that person's insurance coverage if
any, shall be reported and each shall cooperate to the end that cost of repair or
replacement incurred by either entity shall be, to the e�ent possible, recovered
from the person causing the damage and be shared prarata by the entities in
proportion to the expenses incurred by the particular entity involved.
City of Bremerton i Rocky Point Water District
Page 2 of 7
(i) If any part of the Water District is annexed to the City, the City shall either pay
that portion of the then outstanding bonded indebtedness, net of any bond reserves
represented by the proportion of debt service revenue derived from the annexed
area, or pay through the District's Fiscal Officer by the due date of debt service
payments a sum equal to that proportion of the debt service then due. This to
continue until each of the particular bond issues shall have been paid in full.
(j) Debt service secured by assessments or annual levies such as Local Improvement
District type assessments, General Obligation type levies or similar security
devices shall continue after annexation to be collected by District.
3. Operation and Maintenance
(a) The City shall perform all operation and maintenance services. The City shall
provide certified operators as required by State law.
(b) The City's function shall include the establishment and monitoring, testing, and
enforcement of cross connection control requirements.
(c) 'Water furnished to the individual consumer meter shall meet the standards
established from time-to-time by such agencies as may have cognizance as to
purity, quantity and pressure or as provided to "in City" customers similarly
situated.
(d) All required sampling and measuring of water shall be performed by the City
according to schedules and requirements of the particular cognizant agencies.
The District shall pay for costs incurred for sampling and analysis for the required
samples.
(e) The cost referred to shall be laboratory analysis fees as charged and the average
labor cost of taking a sample applicable to the entire sampling cost for distributed
water within the City of Bremerton.
(� The City shall report to the District any deficiencies found and make any
consumer notifications, as required by State and Federal Drinking Water
regulations.
(g) The parties recognize that the City has a responsibility for service of water
meeting proper standards of quality, quantity, and pressure to customers within
the District and to remedy deficiencies therein. It is therefore agreed that the
District shall be entitled,as to complaints of deficiencies in this regard which
come to its attention, to bring them to the City's attention and receive reports of
investigations made and actions taken, and to require remedy thereof. This
function of the District shall not be deemed to reduce or change the direct
City of Bremerton / Rocky Point Water District
Page 3 of 7
obligation of the City to the water customers to provide water and water service
according to the above standards.
4. IDistrict Upgrades
(a) The District may, at its own cost, make any additions, extensions or
improvements, including upgrading a main to a larger size or installing a new
hydrant, the making of any betterments to the system, which upon installation
shall become the property of the City and be maintained by City at no additional
cost to the District or its water users. This section shall not apply to water meters,
which shall be installed by the City upon approval of the connection by the
District, shall remain the property of the City, and shall be billed directly to the
District's water users according to rates under Section 7(a).
(b) A repair should include work on existing mains. Replacement of a main shall be
appropriate if an existing main is in an advanced state of deterioration such that it
is more economical to replace a segment of water main than to continue repairs.
(c) When the City determines that replacement rather than repair is necessary to
maintain the operability of the system, the District shall furnish the materials to
the City and the City will perform the necessary work without additional cost to
the District.
(d) The City agrees to maintain and repair said system or any additions, upgrades, or
extensions thereof, made in the manner herein provided without additional charge
to the District or the water users therein. Maintenance and repair shall be deemed
to include the maintaining of the system and its appurtenances in good operating
condition, including any standards subsequently established by cognizant
agencies.
(e) The making of extensions, additions, upgrades and improvements to the system
will be planned for, designed and installed by the District at its expense, and in
connection therewith it shall use the services of licensed professional engineers
for the planning and design phases.
(� Copies of plans so prepared shall be submitted to the City and shall be deemed
approved within thirty (30) days unless specific written objection to an element
thereof is received within that period. All specifications and work performed
shall be in accordance with the Standards of the City of Bremerton promulgated
for such work. The City shall have the right to observe and inspect work in
progress to assure compliance with City standards.
City of Bremerton / Rocky Point Water District
Page 4 of 7
5. New Water Connections
(a) The foregoing notwithstanding, the City shall be entitled for new water
connections to make a charge to the customer for the cost of ineter and its
installation in accordance with the rate charged County customers.
(b) The Water District may establish and charge a front footage fee, to be collected
by the District prior to connection on those mains which have been installed at
District expense which includes all mains and distribution lines now in existence,
and those hereafter installed at District expense or at property owner expense
under contract with the District.
(c) The City, upon making new connection, shall be entitled to charge the water
customer a general facilities fee to defray portions of the cost of the facilities for
production and water storage. This fee shall be in accordance with fee for
residents of the County.
�
(d) Authority for the connection of new customers to the District's system sha11 be
established in the following manner:
(e) The City will supply the potential customer with a system status letter for a
specific location. The new customer applications shall then be made to the
District which shall determine the feasibility of, and the terms and conditions
under which the connection shall be made. An authorization to connect, together
with the terms and conditions thereof, shall be communicated to the City in
writing, whereupon the City shall make the connections, and collect from the
applicant those City fees and charges.
6. Hydrants
(a) Fire hydrants, both existing and future installations, are to be served, maintained,
and repaired as a part of the system, and at no additional charge to the District or
its customers.
(b) Fire hydrants hereafter established on the mains shall be of a type approved by the
City provided this type is in accordance with then current standards.
7. Other
(a) The service of water to the District, the installation of ineters and the rates to be
charged for service, and all other work or services to be furnished or performed
by the City for the District, shall be subject to the rules and regulations and/or
ordinances now in effect or as the same may, from time to time, be amended or
enacted, and where in this agreement no specific mention is made of any
particular service or charge, such shall likewise be governed by such rules and
City of Bremerton / Rocky Point Water District
Page 5 of 7
regulations and/or ordinances existing or later enacted during the term of this
agreement. No such ordinance or regulation shall amend or contradict the terms
of this Agreement except as such ordinance or regulation is required by State or
Federal law.
(b) Any funds, or other assets of the District, acquired by the City of Bremerton as a
result of the annexation of a part or of the whole of the District, shall be placed in
a special fund by the City of Bremerton and shall be used by the City for the
maintenance and betterment of the water system within the area annexed;
provided that this provision shall not relive the City of debt service obligations
provided for elsewhere herein.
(c) Disputes or questions over interpretation or application of this Agreement arising
between the pa�ties to the Agreement shall be settled by the Commissioners of the
District and the proper elected or appointed officials of the City as designated by
it in writing. If designated officials are unable to resolve these differences, then
they shall be resolved using the Kitsap County Superior Court Arbitration Rules
(MAR).
(d) The District shall not in turn sell water to or provide any interconnection with any
entity outside the district boundaries. The district boundaries are described in
Attachment "A".
(e) The average metered daily demand by the District shall not exceed 0.170 million
gallons per day through the year 2015.
( fl The District acknowledges that compliance with requirements for water system
planning (WAC 246-290-100) and water use efficiency (WAC 246-290-800
through 840) are administrative functions and the responsibility of the District.
Should the District request assistance from the City for these functions a scope of
work and budget will need to be agreed upon between the District and the City
and costs will be billed on a time and materials basis.
(g) The District and the City will meet once a year to review the provisions of this
agreement and discuss issues of mutual interest.
(h) The term of this agreement begin on the date of execution and shall expire on
June 30, 2015 at which time the agreement will be reviewed and e�ended by the
parties as appropriate.
(i) Section 2(a) of this Agreement shall be substantially incorporated in any
extension of this agreement unless there is mutual agreement to the contrary or
State legislation is passed affecting the interest and responsibilities established in
RCW 57.80.30 et seq. between the District, City and water users within the
District.
City of Bremerton / Rocky Point Water District
Page 6 of 7
(j) Reasonable amendments requested for contract renewal shall be negotiated in
good faith. However, if these negotiations fail to produce agreement on a contract
extension, either party may seek a ruling on the proposed amendments under
section 7(c) of this Agreement. In determining the reasonableness of
amendments, the arbitrator or judge shall consider regulatory changes affecting
water utilities, the history of agreement between the parties, the party's respective
legislative powers and the underlying purposes of the relationship established
under RCW 57.80.30 et seq. Terms of this agreement shall continue in effect
until amended under this section.
IN WIT`N�SS WHEREOF, the parties hereto have caused this Agreement to be
signed and sealed this� day of�2010, by its duly authorized officials.
CITY OF BREMERTON
� �
Patty e t, Iayor
DEPARTMENT APPROVAL:
� �
, Director of
Public Works & Utilities Dept
APPROVED AS TO FORM:
ROCKY POINT WATER DISTRICT 12
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Roger Lubovich, City Attorney
City of Bremerton / Rocky Point Water District
Page 7 of 7
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