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Home My WebLink AboutA 9507060090 WH�i REODRDEDRETURN'PO:. �;AG-95-071 Offiae oI the City:Qerk' _ ' .-. Renton Miu�idpal Buildiag�, � ' " ' . •'200 Mill Avenue South Renton,WA 880�5 AGREEMENT FOR THE EMERGENCY SALE OF WATER � � • y BETWEEN � . Q � THE CITY OF RENTON AND THE CITY OF KENT � ti i O �J W This AGREEMENT made and entered into this / / da.y of� 1995, by and � between the CI'I'Y OF RENTON, a municipal corporation of the State of Was ' gton, hereinafter � called "RENTON" and the CITY OF KENT, a municipal corporation of the State of Washington, � acting through its Water Department,hereinafter called"KENT". � 0 , � WHEREAS, RENTON and KENT may experience periodic water supply shortfall; � � WHEREAS, RENTON and KENT recognize the public benefits of cooperation and o collaborative problem solving; � WHEREAS, RENTON and KENT are willing to sell water in an emergency at the existing g system interties; '� WHEREAS, the parties desire to enter into an AGREEMENT providing for the emergency '�' sale of water. � � NOW THEREFORE, IT IS AGREED AS FOLLOWS: a � 1) Term of AGREEMENT. The effective date of this AGREEMENT shall be ' �l�¢, �� , 1995. The AGREEMENT shall be for a minimum of one (1) O year and shall continue in full force and effect in its present form or as amended until � ternunated by either party in accordance with Section 15 of this AGREEMENT. The rates C►, and quantities of water sold are set forth in Sections (3), and(7). � , O 2) Sale. Subject to the conditions set out in this agreement either party may sell water to the � other in the event that the receiving City is experiencing an emergency. An emergency is Q defined, for the purposes of this agreement, as a situation of relative short duration during � which the City can not meet water consumption needs of all or part of its distribution system. � 3) Rate. For 1995 KENT shall pay to RENTON for all water delivered at the rate of$1.73 per 100 cubic feet, which is Renton's retail rate for commercial customers for 1995. For 1995 RENTON shall pay to KENT for all water delivered at the rate of$1.64 per 100 cubic feet during the period May lst to September 30th, which is KENT's summer reta.il rate for commercial customers for 1995 and at the rate of $1.24 per 100 cubic during the period October lst to April 30th, which is KENT's winter retail rate for commercial customers for 1995. The rates charged by the SELLER shall be adjusted each year on January 1 st and shall be the retail rates for the coming year for commercial customers of each respective City. 4) Metenn�. RENTON and KENT shall each provide, and ou�n and maintain, an appropriate metering device to measure the water flowing through the intertie. An interlocal agreement may be prepared to allow one party to operate and maintain the intertie and distribute the costs equally between the both parties. Before allowing any water to flow through the intertie, the party requesting the water shall provide a description and documentation of the emergency � condition to the other party. 5) Priority and Continuity of Service. The determination of whether water is available for emergency sale shall be at the sole discretion of the party delivering (selling)the water. In the event of a condition requiring restrictions on the delivery of water, the party delivering the water shall have the right to restrict or interrupt service. The party providing water may voluntarily interrupt or reduce deliveries of water if it determines that such interruption or '`� Agreement for the Emergency Sale of Water by the City of Renton to the City of Kent Page 2 reduction is necessary ar reasonable. Except in cases of emergency and in order that operations will not be unreasonably interfered with, the party providing water shall give the ° party buying water, reasonable notice of any such interruption or reduction, the reason therefor, and the probable duration thereo£ The party buying water shall discontinue or reduce service from the intertie upon reasonable notice. Service shall be reactivated or increased again subject to the aforementioned conditions. ' 6) Water Qualit� The quality of water delivered under this AGREEMENT shall be subject to 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. Each party agrees to deliver water which shall be of no less quality than is delivered to its other retail customers throughout the service area. 7) Quantity of Water. Depending upon demand conditions, water availability (including conservation impacts), as well as aquifer behavior, in the RENTON system, RENTON may make available, for purchase by KENT, up to the approximate amount of three and a half million (3,500,000) gallons per day ar more from the existing emergency intertie located at SW 43rd and Lind Avenue South. Depending upon demand conditions and water availability (including conservation impacts), KENT may make available, for purchase by RENTON, up to two million(2,000,000) gallons per day from the existing emergency intertie located at SW 43rd and Lind Avenue South. 8) Coordination and Project Mana.e•�ment. A) Operations: For the purpose of operating the water system intertie between RENTON and KENT, � coordination shall occur between representatives of the systems, who are: � Water Maintenance Manager, City of RENTON � and � Water Superintendent, City of KENT � (or their designated representatives). � �� The coordination shall consist of exchanging operational information such as when the intertie is used, the respective flow rates, pumping capacities, back-pressure sustaining valve I � 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. Engineerin� �, For the purposes of coordinating engineering issues regarding the RENTON and KENT ' intertie,the following personnel shall be the designated representatives: Water Utility Supervisor, City of RENTON and City Engineer, City of KENT (or their designated representatives) The engineering issues addressed shall include operational criteria as well as hydraulic � � � Agreement for the Emergency Sale of Water by the City of Renton to the City of Kent Page 3 behavior, water quality considerations, and other appropriate engineering issues. C. Admmistration: For the purposes of AGREEMENT administration and AGREEMENT modifications or � interpretations,the following personnel shall be the designated representatives: Planning/Building/Public Works Administrator, City of RENTON and Public Works Director, City of KENT (or their designated representatives) 9) Pavment• The City providing the water sha11 read the meter once each month at appro�cimately thirty (30) da,y intervals (when the intertie is being used). Payment shall be made by the City receiving water as soon as possible after receipt of statement 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 ar the last day that the meter was previously lrnown to be properly functioning and the tota.l amount registered shall be pro-rated based on the number of days multiplied times the reading used. 10) Penalties For Late Payment. The City selling water may assess a late charge on the City buying water for failure to comply with the provisions in Section (9). This charge shall be at the rate of twelve percent (12%)per year. In the event that the City buying water should fail to make any payment for a period of si�rty (60) days after the same becomes due, the City � selling water shall have the right to ternunate further water service without further notice, � until such delinquency is cured. C.: Q 11) Breach of Contract. Either party may cancel this Agreement for material breach of its terms � by written notice served upon the other party at least twenty (20) days prior to the proposed � termination date. If the breaching party removes the breach and performs under terms of this � agreement before the ternunation date, the Agreement shall remain in full force and effect. � However, if the breach is not removed and continues, then the Agreement shall be null and � void in all respects except for obligation to make payments as defined for water use prior to the termination date. 12) Procedure far Amendin� 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 KENT and ' signed by both parties. Minor or operational amendments may be made by the Administrators. 13) Access to Facilities and Records. Each party shall be entitled to inspect the intertie facilities of the other at any reasonable time. Both parties agree to make mutually available such information or records regarding the intertie as are at their disposal and as may be reasonably necessary to properly implement any section of this AGREEMENT. 14) Non-Assignabilitv. Neither this AGREEMENT nor any interest therein shall be transferred n r , . °� � � � � � � , � .. . � � � . Agreement for the Emergency Sale of Water by the City of Renton to the City of Kent Page 4 � or assigned by either City without prior written consent of both Cities. • 15) Termination. This AGREEM�NT may be terminated in whole or in part by either party any time after one year from date of this AGREEMENT,upon ten(10)days written notice sent by certified mail to the other party. Send notices to the Water Utility Supervisor at the City of Renton and the City Engineer at the City of Kent. IN WITNESS WI�REOF,the parties have hereunto set their hands this day and year above written. CIT RENTON CITY OF KENT By: By: Ear C ymer, Mayor , Mayo �,�� ATTEST/AUTHE IC TED: ATTEST/AUTHENTICATED: � Marilyn J. t rse ; City Clerk Brenda Jacober, City erk APPROVE TU LE AL FORM: APPROVED AS TO AL FORM: c� �r�� Lar arren, City Atto, y �o u ovi � � C�J . � � � � :� H:DOCS:95-136:JDW:ps