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HomeMy WebLinkAbout3774 r � Contract Number: 3774 Vendor: PORT ORCHARD - CITY OF Subject: Water Supply Department: PW Util File Class: LEG 12-1 Begin Date: 09/26/1996 End Date: Review Date: 12/O1/2010 Vault Date: Comments: Cancellation Clause activation by 12/1 INTERLOCAL AGREEMENT FOR WATER SUPPLY THIS AGI~EEMENT is made and entered into this ~ day of ~2~z~, 1996, 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." FACTUAL BACKGB~UND: 1. The parties desire to provide the highest reliability of service to their customers at reasonable cost. 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. 4. RCW 39.34 and 35.92.200 empower Bremerton and Port Orchard to enter into a cooperative agreement for providing outside 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 surplus water for the needs of inhabitants of Port Orchard and adjacent areas for domestic, irrigation, and fire protection purposes. 2. TERM: The term of this Agreement shall run from the date of this agreement until December 1996, with automatic renewal through the last day of the next following December and each December of successive years, unless one or both of the utilities furnish written notice to the other utility of non-renewal before December 1 of the then current calendar year. 3. SUPPLY: Port Orchard agrees to purchase water from Bremerton each calendar year. The amount to be purchased will be identified on or before February 1, each calendar year by letter which will include a written projection of how much water Port Orchard will 2 purchase from Bremerton during each of the calendar months of the year. Bremerton agrees to deliver surplus water from its watershed and reservoirs at the purity and quality in effect for residential customers of Bremerton. If Bremerton has a need for an emergency water supply, it shall notify Port Orchard of this and of the volume required prior to opening t he valve between the two systems. Notification of this need on Bremerton's part may be verbal, but it will be followed up within 10 working days by written confirmation. 4. CfH~PENSATION: The initial unit price of water sold to either jurisdiction during 1996 shall be $0.3529 per 100 cubic feet. The rate for any subsequent calendar year shall be computed by multiplying the 1996 base price by the ratio of (1) the National Consumer Price Index for Ail Urban Consumers of the United States Department of Labor Statistics for the Seattle/Everett, WA area, as of the November preceding such rate revision, and (2) the same consumer price index for November 1995. 5. INTERTIE FACILITIES: Ail surplus or emergency water supply delivered pursuant to this Agreement shall be measured by the delivering municipality using suitable measuring equipment, of standard manufacture, 3 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 done at least once each three (3) years and a copy of calibration results submitted to Bremerton. 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 total 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 BRE~RTON WATER ~USTO~ERS AND THE PUGET SOUND NAVAL SHIPYARD: It is distinctly 4 understood and agreed between parties hereof that Bremerton is, by prior agreement, selling part of its surplus water supply to Puget Sound Naval Shipyard 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. Surplus water to be supplied to Port Orchard under this Agreement shall be such as Bremerton may have on hand over and above the requirements of the present users of the Bremerton system and the requirements of Puget Sound Naval Shipyard. 7. NOTICES: 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 City Engineer Works & Utilities City of Port Orchard City of Bremerton 216 Prospect Street 3027 Olympus Drive Port Orchard, WA Bremerton, WA 98310-4799 98366 5 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 Agreement 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. This Agreement shall not be modified, supplemented, or otherwise affected by the course of dealings between 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. 12. ARBITRATION: Disputes under this Agreement shall be settled through binding arbitration and the parties agree and stipulate pursuant to MAR 8.1 that the Mandatory Arbitration Rules for Superior Court shall apply, except Section VIII, Trial De Novo. IN WITNESS WHEREOF the parties hereto execute this Agreement this~ day of ~ , 1996. CITY OF BREMERTON CITY OF P/~RT ORCHARD Eynn Horton, Mayor Mayor~ ATTEST: ATTEST: ~a~thl~en~L.~Clerk ~~ ' Cl'e r~-- - - O FORM: APPROVED AS TO FORM: Ian R. Sie~4.~rs, City Attorney City Attorney DEPARTMENTAL APPROVAL: Director of Public Works & Utilities 7