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AGREEMENT FOR THE SALE OF WATER IN AN EMERGENCY
FROM THE CITY OF RENTON
TO KING COUNTY WATER DISTRICT NO. 90
This AGREEMENT made and entered into this( of , 2014,
by the CITY OF RENTON, a municipal corporation of the State of Washington, hereinafter
called "RENTON" and KING COUNTY WATER DISTRICT NO. 90, a municipal corporation of
the State of Washington, hereinafter called "KCWD 90".
WHEREAS, KCWD 90 may experience emergency situations causing the interruption
of its water supply;
WHEREAS, RENTON, in the spirit of intergovernmental cooperation during such
water supply emergencies, is willing to sell an increment of water to KCWD 90 when
available during non -peak periods; and
WHEREAS, the parties desire to enter into an AGREEMENT providing for the sale of
water from RENTON to KCWD 90 in an emergency;
NOW THEREFORE, IT IS AGREED AS FOLLOWS:
1) Term of AGREEMENT. The effective date of this AGREEMENT shall be
SW"bu 26r , 2014. The AGREEMENT shall be for a minimum of one
(1) year and shall continue in full force and effect in its present form, or as
amended until terminated by either party in accordance with Section 15 of this
AGREEMENT. The rates and quantities of water sold are set forth in Sections (3),
and (8).
2) Sale. Subject to the conditions set out in this agreement RENTON may sell water to
KCWD 90 in the event that KCWD 90 is experiencing an emergency. An emergency
is defined, for the purposes of this agreement, as a situation of relative short
duration during which KCWD 90 cannot meet water consumption needs of all or
part of its distribution system.
3) Sale Price of Renton Water: KCWD 90 shall pay to RENTON for all water delivered
at the rate of RENTON's wholesale water rate. The rates charged by RENTON shall
be the rate in effect at the time of water delivery.
*44101, err+'
Agreement for the Sale of Water in an Emergency between the City of Renton and King County Water District No. 90
Page 2 of 5
4) Location of Interties: This Agreement is limited to two (2) intertie locations
described as follows: KCWD 90 Pump Station No. 1 located near the intersection of
NE 4th Street and Whitman Ave NE (Section 15 Township 23 Range 5). On SR 900
West of 10930 144th Ave SE (Section 3 Township 23 Range 5).
5) Metering. KCWD 90 shall provide, and own and maintain, an appropriate metering
device to measure the water flowing through the intertie. Before allowing any
water to flow through the intertie, KCWD 90 shall provide a description and
documentation of the emergency condition to RENTON.
6) Priority and Continuity of Service. The determination of whether water is available
for emergency sale shall be at the sole discretion of RENTON. In the event of a
condition requiring restrictions on the delivery of water, RENTON shall have the
right to restrict or interrupt delivery of water service if it determines that such
interruption or reduction is necessary or reasonable. Except in cases of emergency
and in order that operations will not be unreasonably interfered with, RENTON
shall give KCWD 90, reasonable notice of any such interruption or reduction, the
reason therefore, and the probable duration thereof. KCWD 90 shall discontinue or
reduce service from the intertie upon reasonable notice. Service shall be
reactivated or increased again subject to the aforementioned conditions.
7) Water Quality. The quality of water delivered under this AGREEMENT shall comply
with all applicable provisions of state and federal law and rules and regulations of
the appropriate state agency governing water quality, and subject also to
applicable provisions of City ordinances relating thereto and not inconsistent
herewith. RENTON agrees to deliver water which shall be of no less quality than is
delivered to its other retail customers throughout the service area. Prior to any
delivery of water, information on current water quality will be provided to KCWD
90 so that blending, compatibility and other water quality issues can be evaluated
and addressed.
8) Quantity of Water. Depending upon demand conditions, water availability
(including conservation impacts), as well as aquifer behavior, in the water systems,
RENTON may make available, for the purchase by KCWD 90, up to the approximate
amount of one million eight hundred thousand (1,800,000) gallons per day, at flow
rates vary from zero to approximately 1,250 gallons per minute, from the intertie
described and located in Section (4) of this agreement.
\\RVFPS-02\Depts\PW\File Sys\WTR - Drinking Water Utility\WTR-11- Interagency Cooperation\WTR-11-0090- Water
District 90\2014 Emergency Water Sale Agreement\Final Agreement-072914.doc\AGtp
Agreement for the Sale of Water it "mergency between the City of Renton and King C V/ Water District No. 90
'�
Page 3 of 5 /
9) Coordination and Project Management.
A) Operations:
For the purpose of operating the intertie between RENTON and KCWD 90,
coordination shall occur between representatives of the systems, who are:
Water Maintenance Manager for the City of Renton
and
District Manager for King County Water District No. 90
(or their designated representatives)
The coordination shall consist of exchanging operational information such as the
interties used, the respective flow rates, back -pressure sustaining valve setpoints,
system pressure effects, water quality characteristics, and other operational
information as necessary to accomplish the purposes of this AGREEMENT while
maintaining safe operation of both systems.
B. Engineering:
For the purposes of coordinating engineering issues regarding the RENTON and
KCWD 90 intertie, the following personnel shall be the designated representatives:
Lys Hornsby, Utility Systems Director for the City of Renton
and
District Manager for KCWD 90
(or their designated representatives or replacements)
The engineering issues addressed shall include operational criteria as well as
hydraulic behavior, water quality considerations, and other appropriate
engineering issues.
C. Administration:
For the purposes of AGREEMENT administration and AGREEMENT modifications or
interpretations, the following personnel shall be the designated representatives:
Lys Hornsby, Utility Systems Director for the City of Renton
(or her designated representatives or replacements)
Renton City Hall, 1055 S. Grady Way, Renton, WA 98057
and
H:\File Sys\WTR - Drinking Water Utility\WTR-11- Interagency Cooperation\WTR-11-0090- Water District 90\2014
Emergency Water Sale Agreement\Final Agreement-072914.doc\AGtp
Agreement for the Sale of Water i Emergency between the City of Renton and King (-:y Water District No. 90
Page 4 of 5 14400,
District Manager for KCWD 90
(or their designated representatives or replacements)
15606 SE 128th Street, Renton, WA 98059-4540
10) Payment. RENTON shall read the meter once each month at approximately thirty
(30) day intervals. Payment shall be made by KCWD 90 as soon as possible after
receipt of statement from RENTON, and in any event, not later than the tenth (10)
of the second month following the presentation of the bill.
In the event a meter shall fail to register or obviously register incorrectly, the
amount of water considered delivered through said meter shall be the amount
delivered the previous day or the last day that the meter was previously known to
be properly functioning and the total amount registered shall be pro -rated based
on the number of days multiplied times the reading used.
11) Penalties For Late Payment. RENTON may assess a late charge on KCWD 90 for
failure to comply with the provisions in Section (10). This charge shall be at the
rate of twelve percent (12%) per year. In the event that KCWD 90 should fail to
make any payment for a period of sixty (60) days after the same becomes due,
RENTON shall have the right to terminate further water service until such
delinquency is cured.
12) Procedure for Amending the Contract. Either party can request the other to
consider an amendment of the AGREEMENT. Any proposed amendments shall be
made in writing. Amendments may be made if they are mutually acceptable to
RENTON and KCWD 90 and signed by both parties.
13) Access to Facilities and Records. Each party shall be entitled to inspect the facilities
of the other at any reasonable time. Both parties agree to make mutually available
such information or records as are at their disposal and as may be reasonably
necessary to properly implement any section of this AGREEMENT.
14) Non -Assignability. Neither this AGREEMENT nor any interest therein shall be
transferred or assigned by either party without prior written consent of both
parties.
15) Termination. This AGREEMENT may be terminated in whole or in part by either
party any time after one year from the date of this AGREEMENT, upon ninety (90)
days written notice sent by certified mail to the other party.
H:\File Sys\WTR - Drinking Water Utility\WTR-11 - Interagency Cooperation\WTR-11-0090- Water District 90\2014
Emergency Water Sale Agreement\Final Agreement-072914.doc\AGtp
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Agreement for the Sale of Water in an Emergency between the City of Renton and King County Water District No. 90
Page 5 of 5
DATED this Zkt day of _v 2014
Authorized by Resolution No. q Q-3 of the City Council of the City of Renton,
Washington, at its regular meeting held on �5- day of l er, 6C✓, 2014.
CITY OF NT N
By:
_ "L imt
Denis Law, Mayor
ATTEST:
4
Jason S�Yk, Acting Cfty Clerk
;7ED AS TO LEGAL FORM:
Lawrence J. Warren, City Attorney
ac
SEAL '
TED S�•"�' �.
Approved by Resolution No. poi of the Board of Commissioners of KCWD 90
WATER AND SEWER DISTRICT, of King County, Washington, adopted at its regular meeting
held on46hday of Ve bte , 2014.
KING C N Y WATER DISTRICT NO. 90
i
By:
Thomas Hoffman, Dis r t Hager
ATTEST:
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District 90\2014 Emergency Water Sale Agreement\Final Agreement-072914.doc\AGtp