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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.
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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
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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,
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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
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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
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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
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