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Home My WebLink AboutA 9504111053 WHEN RECORDED RETURN TO: , � • Offi2e of the.;ity clerk �" � c�f2enton R4unicipalBuilding . r 200MIIlAvenu,South CAG-95-0 � • Renton,.�W A 98055 �� '� , AGREEMENT FOR THE EMERGENCY SALE OF WAT � �� „'� � BETWEEN `�o�o � '�` THE CITY OF RENTON AND THE CITY OF TUKWILA 9�G�� This AGREEMENT made and entered into thi� � day o 95, by and between tne CITY Or KENTON; a municipal.corporation of the State of Washington, hereinafter called "RENTON" and the CTTY OF TiJKWILA, a municipal corporation of the State of Washington, acting through its Water Department,hereinafter called°TUKWILA". WHEREAS, RENTON and TUKWILA may experience periodic water supply shortfall; WHEREAS, RENTON and TUKWILA recognize the public benefits of cooperation and collaborative problem solving; WHEREAS, RENTON and TUKWILA are willing to sell water in an emergency at the existing system interties; � WHEREAS the arties desire to enter into an AGREEMENT rovidin for the emer enc , P P g g Y sale of water. ' � �, , , ,.., ..,.� . .,_ ... . . • • . . ,...., ._,,. u ,. 6� NOW THEREFORE,IT IS AGREED AS FOLLOWS: U� � 1) Term of AGREEMENT. The effective date of this AGREEMENT shall be � 1995. The AGREEMENT shall be for a minimum of one�'(1) � � year an shall continue in full force and effect in its present form or as amended until � terminated by either party in accordance with Section 13 of this AGREEMENT. The rates � and quantities of water sold are set forth in Sections(2), and(6). � 2) Rate. For 1995 the BiJYER shall pay to the SELLER for all water delivered at the rate of '� $1.35 per 100 cubic feet, which is the Seattle Water Department summer new water rate for 1995. The rate charged to the BLJYER shall be adjusted each year on January 1 st using the i method described as follows. The rate charged by the SELLER shall be the larger of the following: 1)the cunent Seattle Water Department summer new water rate (in dollars per 100 cubic feet)or 2) [$1.24 per 100 cubic feet]times [the cunent City of Renton retail commodity rate(in dollars per 100 cubic feet)] divided by [$1.68 per 100 cubic feet]. 3) Meterin�. RENTON and TIJKWILA shall each provide, and own 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. As soon as either becomes aware of flow of water through the intertie that party�will notify the other. If prior notification is feasible, the party requesting the water shall p.rovide�a description and documentation of the emergency condition to the other party. Each party will monitor its meter(s)on a regular basis. 4) Priority and Continuity of Service. The deternunation 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 j 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 0�`�x Qi� iO4 SQl�1,73� 1�i�� 9RIN �d 00�£i��0 8S4�-��fOS6 ♦% ` ' � � ,( •Agreement for the Emergency Sale of Water between the City of Renton and the City of Tukwila • Page 2 reduction is necessary or 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 thereof. 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. (5) 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. 6) (�uantitY of Water. Depending upon demand conditions, water availability (including conservation impacts), as well as aquifer behavior, in the water systems, each City may make � available, for purchase by the other City, up to the approximate amount of two million seven hundred thousand (2,700,000) gallons per day, at flow rates varying from zero to 1,875 gallons per minute, from the existing emergency intertie located on the West Valley Highway. 7) Coordination and Project Mana e� � r�.) Ot�eratians: � � For the purpose of operating the water system intertie between RENTON and TiJKWILA, � coordination shall occur between representatives of the systems, who are: � Water Maintenance Manager, City of RENTON ,�ar and �j Water Manager, City of TUKWILA � (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 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. En,i••�� For tlie purposes oi cooraiita�ing engii�ec;r.ng issues iegarding t,'�v :'.EI`TTOI`d a..d T.JK`.�IIT�`r. intertie,the following personnel shall be the designated representatives: � Water Utility Supervisor, City of RENTON and City Engineer, City of TUKWILA (or their designated representatives) ' • • � ` . � ..� �•Agreement for the Emergency Sale of Water between the City of Renton and the City of Tukwila �� Page 3 The engineering issues addressed shall include operational criteria as well as hydraulic I behavior,water quahty considerations, and other appropnate enguieeruig issues. C. Administration: 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 T[JKWILA (or their designated representatives) 8) Payment. The City providing the water shall read the meter once each month at approximately thirty(30)day intervals. 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 inconectly,the amount of water considered delivered through said meter shall be based upon the best data available (e.g., � recent past meter readings, observations of fire fighting equipment in use) subject to j j� negotiation by the cities.. C'� �"'� 9) 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 (8). This charge shall be at � the rate of twelve percent (12%) per year. In�the event that the City buying water should fail � to malce any payment for a period of sixty (60) days after.the same becomes due, the City � selling water sha11 have the right to terminate further water service without further notice, until such delinquency is cured. 10) Procedure for 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 TIJKWILA and signed by both parties. Minor or operational amendments may be made by the Administrators. ' 11) 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. 12) Non-Assi�;nabilitv. Neither this AGREEMENT nor any interest theiein shall be 'transferred or assigned by either City without prior written consent of both Cities. ~ � Y - • • ' • I A � � V � .t � •Agreement for the Emergency Sale of Water between the City of Renton and the City of Tukwila ' �� Page 4 13) Termination. This AGREEMENT may be terminated in whole or in part by either party any li time after one year from date of this AGREEMENT,upon ten(10)days written notice sent by ' certified mail to the other party. IN WI'I'I��S�h�REQF,*.h�part:es r.ave herur�to set tiieir hanas this day and year above written. CITT' . RENTON CITY OF TUKWILA By: By: , G� Earl ymer, Mayor Jo . Rants, Mayor ATTEST/A CA D: ATTES /AUTI-�NTICATED: �!'U✓ \ - Marilyn J. se , City Clerk e E. Cantu, City Clerk APPROVED S TO LEGAL FORM: APPROVED AS TO LEGAL FORM: � �'��.� (:��C� � Larry Warren, City Att ey Lmda Cohen, City Attorney� � ri�.l , _ , � � � �1 � � � , . H:DOCS:95-108:JDW:ps